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SCOTUS Designates Dueling Delegation Decision to Courts

SCOTUS has once again clarified a court’s power to compel arbitration, this time in the context of conflicting delegation clauses. In doing so, the Court aptly acknowledged its standing tri-layered analysis of arbitral...more

Water Cooler Talk: Trade Secret Lessons From 'Severance'

Earlier this month, President Joe Biden signed into law the Protecting American Intellectual Property Act, which aims to protect U.S. intellectual property by imposing sanctions on companies and individuals involved in trade...more

What Can the Show Severance Teach Us About Trade Secrets? - Hiring to Firing Podcast [Audio]

How does a company keep its trade secrets secret? What can companies do to protect their confidential information? In Episode 10 of the Hiring to Firing Podcast, Troutman Pepper Partners Tracey Diamond and Evan Gibbs sat down...more

The Intersection of RICO, Trade Secrets, and the Defend Trade Secrets Act - RICO Report Podcast [Audio]

Join Troutman Pepper White Collar and Litigation Partner Cal Stein for a special podcast series, discussing the legal landscape surrounding the Racketeer Influenced and Corrupt Organizations Act (RICO). In this fourth...more

Mass. Uber Ruling Offers Insights on Online Contracts

On Jan. 4, the Massachusetts Supreme Judicial Court issued a ruling in Kauders v. Uber Technologies Inc. that has important implications for the enforceability of online and/or app contracts, and the arbitration agreements...more

CDC Publishes New Guidance for Office Buildings

The Centers for Disease Control and Prevention (CDC) has published new guidance for employers, building owners and managers, and building operations specialists who are preparing office buildings to resume operations....more

Strategies To Identify And Mitigate The Risks Related To Whistleblower And Retaliation Claims Connected To COVID-19

Health care professionals, hospitals and other health care facilities are critical to the nation’s efforts to address the COVID-19 pandemic, and they are under incredible strain caused by challenges such as widespread...more

Seven Top Trends in COVID-19 Litigation Targeting Business Practices

The unprecedented health emergency and closely related economic crisis created by COVID-19 have triggered a wave of putative class action and individual lawsuits targeting a wide range of businesses. ...more

Liability Issues for Open Businesses During the Crisis [Audio]

Troutman Sanders and Pepper Hamilton are producing a series of podcasts to discuss litigation topics that have been brought to the forefront by the COVID-19 pandemic and how businesses might be able to prepare and...more

Defense Production Act FAQs

On March 18, President Donald Trump issued an executive order finding that the “health and medical resources needed to respond to the spread of COVID-19, including personal protective equipment and ventilators” meet certain...more

Drafting Force Majeure Clauses To Provide For Pandemic-Related Contingencies

While our economy has slowed, it has not stopped. Businesses that continue, even if in a less robust fashion, will continue to make deals and contracts. This article provides guidance on how those new contracts can address...more

Template Protections For Essential Businesses That Continue To Operate

Over the past seven days, our COVID-19 Task Force has developed significant experience across the nation assisting businesses with assessing whether they can and/or should remain open and, if so, under what circumstances in...more

COVID-19: Must Your Business Close?

As local governments seek to stop the spread of the novel coronavirus (COVID-19), states, counties and cities have issued executive orders, recommendations and mandatory restrictions that limit business operations and public...more

Seven Steps to Address Trade Secret Misappropriation by Whistleblowers

“The immunity provision of the Defend Trade Secrets Act creates serious risk for companies: A whistleblower could expose a company to civil and criminal penalties stemming from the company’s alleged misconduct and...more

How Safe Is That Harbor? The Impact of the Defend Trade Secrets Act's Whistleblower Immunity Provision on a Trade Secret Owner's...

Imagine that your company has just commenced an internal compliance investigation in response to an allegation that the company is violating various federal laws. The next day, a longtime employee with access to the company’s...more

EU Court of Justice: Safe Harbor Decision Permitting EU-U.S. Personal Data Transfers Is Invalid

Ruling affects approximately 5,000 U.S. companies that have relied on the Safe Harbor to transfer personal data from the EU to the United States. Key Points - - The approach of the U.S. government to personal...more

Advocate General of the EU Court of Justice: EU-U.S. Safe Harbor Act Is Not Safe for EU Citizens

The decision could affect the thousands of U.S. companies in diverse industries that rely on the EU-U.S. Safe Harbor Agreement to legally transfer personal data of EU citizens from the EU to the United States....more

Feds Pose Privacy Risk by Grabbing Overseas ISP E-mails

Microsoft Corp. is appealing the recent decision of U.S. District Judge Loretta A. Preska which requires the company to disclose the contents of e-mails stored at a data center in Dublin, Ireland, in compliance with a warrant...more

9/10/2014

Foreign Data Center Subject to Reach of U.S. Government

Following the July 31, 2014 decision of a New York federal judge in In re Warrant to Search a Certain E-mail Account Controlled and Maintained by Microsoft Corp., 1:13-mj-02814 (SDNY), U.S. companies should be aware that data...more

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