News & Analysis as of

An Emboldened Labor Board Continues to Expand Union and Employee Protections

With a series of significant new rules and opinions, the first three quarters of 2015 have proven to be very active for the National Labor Relations Board (the “Board”). Increasingly, the Board has sought to expand the rights...more

Recent Enforcement Shows the Importance of Encrypting Mobile Devices Containing Protected Health Information

With headlines every day announcing another release of Protected Health Information (PHI), providers are asking themselves – is there a way to protect against these breaches? Beyond improving the security of large...more

Trusting Human Resources: A Fantasy or a Necessity?

A few weeks back, one to the best bloggers you may not be reading — Robin Shea — posted about the scathing press that Amazon had been receiving about its workplace and posed this question: Can Employees Trust Human Resources?...more

An Introductory Guide to Arbitration in Singapore

With the high volume of trade and business involving Asian companies, Singapore is increasingly seen as the most attractive seat of arbitration for the reliable resolution of disputes within the Southeast Asian...more

Comparing U.S. and Australian Provisional Patent Applications

The United States and Australia each offer the option of filing a provisional patent application before filing a national or PCT non-provisional patent application. The U.S. provisional patent system and the Australian...more

HHS Releases Notice of Proposed Rulemaking Updating Rules for Human Subjects Research

On September 2, 2015, HHS issued the long-awaited Notice of Proposed Rulemaking (NPRM) on revisions to the rules governing federally-funded research involving individuals, commonly referred to as the Common Rule (Subpart A of...more

California’s Governor Strengthens Cybersecurity Preparedness With Executive Order

On August 31, 2015, California Governor Edmund G. Brown Jr. signed Executive Order B-34-15. The Order directs the Governor’s Office of Emergency Services to establish the California Cybersecurity Integration Center...more

SEE YOU IN COURT! - September 2015

The members of the Nutmeg Board of Education are a conscientious group, and they want to know everything about the operation of the Nutmeg Public Schools. For his part, Mr. Superintendent has tried to keep up with their...more

Settlement of Wage Claims Under FLSA Must Now be Approved by the Court

A panel of the United States Court of Appeals for the Second Circuit has ruled that parties may not stipulate to dismiss cases brought under the Fair Labor Standards Act without court approval. This ruling may make it more...more

Keeping Confidences

One of our very favorite cartoons is part of the “Ballard Street” collection by Jerry Van Amerongen. It depicts an earnest soul working away at his desk (we like to think he’s an HR professional) beneath a prominently-posted...more

Courts Everywhere are Finding Software Patents Invalid, So What Next?

For the last few decades, corporations ranging from startups to large multinationals first turned to utility patents to protect their innovative software. These patents protected everything from the minute details of...more

Privacy in financial markets, not to be ignored

The Article 29 Working Party published a letter it sent to the European Commission urging it to consider the data protection and privacy issues when adopting the secondary regulations (‘Regulations’) necessary to implement...more

Americans with Disabilities Act: Focusing on Reasonable Accommodations

Employees are asking for reasonable accommodations more often and for a wider array of medical conditions. The kinds of accommodations sought are more varied than ever, including working from home, extended leave, allowances...more

The Health Law Guide to Hospital Operations

This operations guide provides a brief look at health law issues hospitals deal with on a daily basis. While a detailed coverage of the elements, drafting, implementation and continued governance of a hospital compliance...more

Between Scylla and Charybids: The Mediation Privilege and Legal Malpractice Claims

I attended a mediation earlier this month in a real estate case. I won’t say more through because . . . well . . . it’s confidential. The confidentiality of mediations and of settlement discussions generally – the idea...more

Rules Adopted for Speedy Arbitrations Through the Delaware Rapid Arbitration Act

The Delaware Supreme Court has adopted official rules to govern arbitrations brought pursuant to the Delaware Rapid Arbitration Act (DRAA) —a novel approach to ensuring quick, efficient, and confidential resolution of...more

NLRB Revisits and Overturns Longstanding Precedent Regarding Disclosure of Witness Statements

As we reported in an earlier blog post, the National Labor Relations Board issued the American Baptist Homes of the West (“Piedmont Gardens”) decision in December 2012, overturning more than 30 years of precedent shielding...more

NLRB Removes Blanket Exemption on Mandatory Disclosure for Witness Statements. What’s an Employer To Do?

The NLRB recently reversed 37 years of precedent in deciding to adopt a new standard for a union’s access to witness statements taken in pre-grievance arbitration employer investigations. For years, under the blanket...more

Trade Secrets, Security, and Cloud Computing: Best Practices Now

As businesses increasingly store and access confidential information in the cloud, questions arise as to how to safeguard a company’s private data once it becomes part of an external computing network. Standards for...more

Department of Education requests emergency review of Guaranty Agencies’ security over student financial aid information

On July 16, 2015, the Department of Education issued a request through notice to the Office of Management and Budget (OMB) for emergency clearance so that Federal Student Aid (FSA) can initiate a formal security assessment...more

Delaware Supreme Court Adopts Rules to Streamline Arbitrations Under the Delaware Rapid Arbitration Act

The Delaware Rapid Arbitration Act (“DRAA”), effective May 2, 2015, creates a streamlined arbitration process resulting in swift, confidential, and cost-effective resolutions of business disputes. This arbitration process...more

Solicitor-Client Privilege: The Quebec Securities Regulator Can Summon In-House Counsel to Testify in an Investigation

On July 16, 2015, the Supreme Court of Canada (SCC) denied leave to appeal to an in-house counsel (referred to as Ms. X to protect her identity) in the case of X v. Autorité des marchés financiers. The SCC thus maintained the...more

The National Labor Relations Board Expands Union Access to Witness Statements

On June 26, 2015, in a split 3-2 decision, the National Labor Relations Board (Board), overturned the 37-year-old standard protecting the confidentiality of witness statements taken by employers during workplace...more

“Unpredictable and Potentially Messy”?: NLRB Ruling Could Complicate Employers’ Workplace Investigations

In its June 26 split decision in American Baptist Homes of the West d/b/a Piedmont Gardens and Service Employees International Union, United Healthcare Workers- West, 362 N.L.R.B. No. 139 (Case No. 32-CA-063475) (“Piedmont...more

Serial Adversaries Are Still No Big Deal

Judge Indira Talwani issued an order on plaintiff Erik Cherdak’s renewal of his motion to disqualify, which we talked about last year in Serial Adversaries Are No Big Deal. And once again, she found that for Cooley, serial...more

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