Orrick, Herrington & Sutcliffe LLP

Germany Issues Privacy Guidelines for Employer Access to Employee Email and Internet Use

Can employers look at the company email accounts of employees, such as when they do not show up to work? Can employers monitor employee Internet use during working hours? Can employers read employee emails if they use the…more
| Communications & Media Law, Labor & Employment Law, Privacy, Science, Computers, & Technology

Case Update: Midland Funding v. Madden: The Solicitor General Brief Could Be a Game Changer

In response to a request of the U.S. Supreme Court (discussed here), the U.S. Solicitor General’s Office on Tuesday filed a brief with the Court expressing the U.S. Government’s views on the merits of the claims brought in…more
| Civil Procedure, Communications & Media Law, Conflict of Laws, Finance & Banking

Pro-Golfer Phil Mickelson Pays $1M to SEC to Settle Civil Insider Trading Claims, But Escapes Criminal Charges in Light of Newman

On Thursday, May 19, 2016, the U.S. Attorney’s Office for the Southern District of New York announced the arrest of renowned sports bettor William “Billy” T. Walters on an alleged years-long insider trading scheme conducted with…more
| Art, Entertainment, & Sports Law, Commercial Law & Contracts, Securities Law

EBA Publishes Decision on Unsolicited Credit Assessments

On May 17, 2016, the European Banking Authority published a decision confirming that the unsolicited credit assessments of certain external credit assessment institutions (“ECIAs”) do not differ in quality from their solicited…more
| Finance & Banking, International Law & Trade

UK Shale: Fracking is Given the Green Light

Recent developments in fracking in the UK - On 23 May 2016, the North Yorkshire County Council voted in favour of an application by Third Energy to extract shale gas from an existing onshore gas well in northeast England…more
| Energy & Utilities

ECB Publishes Public Consultation

The European Central Bank (“ECB”) has published a Public Consultation on a draft Addendum to the ECB Guide on options and discretions available in Union law. The consultation document sets out the ECB’s approach to the…more
| Finance & Banking, International Law & Trade

Taking Action That Affects The Shareholder Vote? Expect the "Gimlet Eye"

On May 19, 2016, the Delaware Chancery Court preliminarily enjoined the directors of Cogentix Medical from reducing the size of the company's board because, under the facts presented, there was a reasonable probability that the…more
| Commercial Law & Contracts, Securities Law

Agencies Invite Comment on Proposed Rule to Prohibit Incentive-Based Pay that Encourages Inappropriate Risk-Taking in Financial Institutions

On May 16, 2016, six federal agencies – the Federal Deposit Insurance Corporation, the Federal Housing Finance Agency, the Federal Reserve Board of Governors, the National Credit Union Administration, the Office of the…more
| Business Organizations, Finance & Banking

Not So Fast: Administrative Review Board Vacates Discrimination Finding Sought by OFCCP

A recent decision from the Department of Labor’s Administrative Review Board serves as a warning to federal agencies against overreaching in their efforts to identify alleged employment discrimination. It also serves to…more
| Civil Rights, Labor & Employment Law

Digging Into the New Overtime Regulations

Within the Department of Labor's aggressive regulatory agenda in the last few years, its proposed regulations on the white collar exemptions from overtime generated some of the most significant concerns and anticipation for…more
| Labor & Employment Law

No “Last Resort” Striking of Undisclosed Expert Opinion

Order Granting-in-Part Motion to Strike Declaration of Miguel Gomez, VIA Techs., Inc. et al. v. ASUS Computer Int’l, et al., Case No. 14-cv-03586 (Magistrate Judge Paul Grewal) - In a recent order in VIA Techs., Inc. v…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Orrick's Financial Industry Week in Review

CFPB Proposes Prohibition on Mandatory Consumer Arbitration Clauses - On May 5, 2016, the Consumer Financial Protection Bureau (CFPB) issued and sought comment on proposed rules prohibiting mandatory arbitration clauses…more
| Alternative Dispute Resolution (ADR), Consumer Protection, Finance & Banking, Labor & Employment Law, Securities Law

Cybersecurity, Boards and Cyber-Board “Experts”: Caution Should Rule

A continuing frequent question from public companies is how a board should be constituted to oversee cybersecurity. Many public companies foist this additional burden on the audit committee. Those large enough to have a risk…more
| Business Organizations, Privacy, Science, Computers, & Technology

Amendment to Federal Criminal Procedural Rule Could Impact Trade Secret Cases

Much attention, including here at Trade Secrets Watch, has been focused in recent weeks on the Defend Trade Secret Act (“DTSA”), which overwhelmingly passed both houses of Congress in April and was signed into law by President…more
| Civil Procedure, Civil Remedies, Intellectual Property, Science, Computers, & Technology

The SEC is Seeking Comment on a Joint Agency Proposed Rule Relating to Incentive-based Compensation Arrangements

On May 6, 2016, the Office of the Comptroller of the Currency, Treasury (OCC), the Board of Governors of the Federal Reserve System (Board), the Federal Deposit Insurance Corporation (FDIC), Federal Housing Finance Agency…more
| Finance & Banking, Securities Law
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