Corporate Counsel

News & Analysis as of

The U.S. Chamber And the Yates Memo On DOJ Cooperation

Earlier this month Deputy AG Sally Yates defended her controversial memorandum on cooperation in remarks made before the New York City Bar Association White Collar Conference. The memo to which her name is attached redefined...more

The State of Umbrella Damages in Canadian Antitrust Litigation

Judges in Ontario and B.C. have reached different decisions on whether cartel members may be liable for umbrella pricing. These two cases of first impression may be headed for the Supreme Court of Canada. ...more

U.S. Supreme Court Holds that Resignation Triggers the Limitations Period for Constructive Discharge Claims

The United States Supreme Court resolved a split among appellate circuits about when an employee must take action to pursue a constructive discharge claim. The Court held that the 45-day limitation period for a federal civil...more

Between A Rock and A Hard Place: How the Severin Doctrine May Relate to Your Statute of Limitations Period

I previously blogged about the rules relating to pass-through claims, where a prime contractor’s recovery from an owner for damages suffered by its subcontractor is limited in certain circumstances. In the post, I talked...more

Second Circuit Affirms Dismissal of Claim Arising from Incorrectly Addressed COBRA Notice

In Vangas v. Montefiore Medical Center, 2016 WL 2909354 (2d Cir. May 19, 2016), the Second Circuit affirmed the district court’s holding that an employer is not liable for failing to provide a COBRA notice to a terminated...more

How an object statement can bring down your patent

An Australian Court has just ruled that for a given patent claim to be valid, every promise about the invention in the specification must be delivered by enacting that claim....more

Seventh Circuit Finds Class Action Waivers in Arbitration Agreements are Illegal and Unenforceable under the NLRA

On May 26, 2016, the U.S. Court of Appeals for the Seventh Circuit issued its decision in Lewis v. Epic-Systems Corp., finding that the company's arbitration agreement, which prohibits employees from participating in “any...more

Zapproved’s Brad Harris on Fundamentals of a Good Evidentiary Preservation Plan

The duty to preserve evidence is well established; litigants must take reasonable steps to ensure information is not deleted or altered once the duty arises. The duty to preserve applies equally to both plaintiff and...more

No Variation Clauses: Worth the Paper They're Written On?

In Globe Motors v TRW Lucas Varity Electric Steering, the English Court of Appeal has considered the effect of 'no variation' clauses that stipulate the formalities required for any subsequent amendment to the parties'...more

Laws Governing Data Security and Privacy – U.S. Jurisdictions at a Glance (updated for 2016)

The attached chart constitutes a summary of the laws of various jurisdictions that govern data breach notifications....more

Frivolous Retaliatory Lawsuit Could Set Ominous Precedent in Mass Torts

In the world of mass torts, there is no shortage of scheme or artifice plaintiffs’ counsel will use to try to avoid the removal of lawsuits to federal court. However, it would be unreasonable and unjustified for a defendant,...more

The Push for Paid Sick, Family and Medical Leave in Minnesota: Minneapolis Passes Ordinance

Paid leave — as previously reported in our March legal update, “The Push for Paid Sick, Family and Medical Leave in Minnesota” — has been a hot topic in Minnesota this spring. Although none of the bills addressing statewide...more

Tattoo Infringement Case Against NBA 2K Game Publisher Shows Misunderstanding of Applicability of Statutory Damages

This isn’t just another tattoo-copyright infringement case. This case raises an important lesson for all copyright claimants. The backstory: Solid Oak is a licensing firm that represents the go to tattoo artists for...more

Bring on the Chain Mail: NLRB Strikes Down Another Facially Neutral Email Use Policy

A National Labor Relations Board (NLRB) judge has struck down Caesar’s Entertainment Corporation’s policy that prohibited employees’ using the company email system to distribute “nonbusiness” information. Why, you ask?...more

Gender pay gap – a new frontier?

Stockholder proposals regarding gender pay equality have been proposed at several large companies during this year’s proxy season, particularly among technology companies....more

Federal Judge in Maryland Remands Data Breach Class Action Following in Spokeo Decision’s Footsteps

Just days after the Supreme Court’s ruling in Spokeo v. Robins, the highly anticipated decision is already impacting data breach class actions across the country. The defendant in the Spokeo case contended that the plaintiff...more

Target’s Successful Defense To A FCRA Class Action Is Good News For Employers

Target requires job applicants to sign a “Consent & Disclosure” form advising the applicant that Target will obtain an employment background report. The form discloses that a consumer report or investigative consumer report...more

SEC continues to focus on internal control failures

The SEC has settled charges against Texas-based oil company Magnum Hunter Resources Corporation (MHR) and several individuals. The list of individuals implicated in this proceeding includes MHR’s Chief Financial Officer,...more

Non-GAAP measures - expecting an SEC crackdown

During the past few months, members of the SEC staff have been foreshadowing a renewed focus on enforcement of reporting of financial metrics and the use of “non-GAAP” financial measures by companies in the capital raising...more

Need some "specificity" in your proxy card? New SEC interpretation

The SEC's Division of Corporation Finance has issued a new interpretation related to the form of proxy requirements. The interpretation relates to the specificity with which an issuer must describe a Rule 14a-8 shareholder...more

The Silicon Valley Initiative – unicorns in SEC’s line of sight: action items

SEC Chair Mary Jo White and a delegation of officials from the SEC traveled to Silicon Valley early this spring to deliver a shot across the bow to technology and healthcare businesses, entrepreneurs, investors and their...more

U.S. Supreme Court Expands Types of Fraud Which May Bar a Bankruptcy Discharge

The Supreme Court has rewarded creditors and their attorneys with a decision expanding the kinds of “actual fraud” which will prevent the discharge of a bankruptcy debtor. Some lower courts had held that to prevent a...more

A Proposition 65 Violation May Be Lurking in Your Cash Register Receipt

Many consumer-facing businesses have learned to identify high-risk Prop 65 targets: soft, flexible plastics; faux and colored leathers; and any kind of brass or metal that may contain lead or other heavy metals. But...more

9th Circuit Narrows Grounds For Vacating Labor Arbitration Awards

Finding that some of its previous pronouncements were leading district court judges astray, the Ninth Circuit clarified its precedent regarding the scope of review of labor arbitration awards. “We conclude that it is time for...more

Strict and far-reaching new EU data protection regime comes into force

The EU General Data Protection Regulation ("GDPR") is now in force, and the clock is officially ticking for businesses to bring their operations into line with its sweeping changes. On 4 May 2016, after more than four...more

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