Corporate Counsel

News & Analysis as of

The gTLD Explosion: Changes to Domain Names that All Businesses Should be Aware Of

The universe of domain names within the internet is undergoing radical change and businesses need to be aware of how to navigate in this new world. On June 20, 2011, the Internet Corporation for Assigned Names and Numbers...more

Delaware Adopts Law Requiring the Destruction of Consumers’ Personally Identifiable Information

On July 1, 2014, Delaware Governor Jack Markell signed into law Delaware House Bill 295, which amends Section 6 of the Delaware Code relating to trade and commerce. The new law, 6 Delaware Code §§50C-101 thru 50C-401, places...more

Fifth Circuit Holds Deferred Compensation Plan Is Governed by ERISA

The decision details important implications for employers that use deferred compensation arrangements....more

Five Recent NLRB Cases Provide Further Insight on Structuring Employers' Social Media Policies

Employers, struggling to regulate employees’ work-related social media postings, recently suffered a string of defeats in National Labor Relations Board (NLRB) cases challenging their social media and related communications...more

“Hello there!” (The absolute worst way to terminate an employee.)

The Internet is abuzz about an incredibly tacky, laughably inappropriate mass email that Microsoft sent to nearly thirteen thousand employees informing them, somewhere deep in the self-serving “it’s not you, it’s me” message,...more

Texas Ruling Highlights the Need for Shareholder Agreements in Closely Held Corporations

On June 20, 2014, the Texas Supreme Court issued a landmark decision that brings to light the importance of every corporation, especially closely held corporations, having a comprehensive shareholders' agreement that...more

Un-Vacated: Appellate Courts Save Arbitration Awards

In SPX Corp. v. Garda USA, Inc., __A.3d__, 2014 WL 2708631 (Del. June 16, 2014), the Delaware Court of Chancery vacated an arbitration award (under its state arbitration act) after concluding the arbitrator manifestly...more

Philippines lifts foreign equity ownership restrictions in its banking industry

Philippine President Benigno Aquino III has signed into law Republic Act 10641 (RA 10641), “An Act Allowing the Full Entry of Foreign Banks in the Philippines.” Under the new law, signed on July 15, 2014,...more

It’s All "Just Paperwork" Until Somebody Gets Hurt: Be Proactive in Preventing Workplace Violence

“Help, there is an angry man waving a gun around in the lobby!” These are the kinds of words no employer wants to hear and can make all other concerns seem trivial in comparison. Sadly, the statistics confirm what we...more

5 Key Employment Law Challenges for In-House Counsel

5 employment law challenges that in-house counsel will face in the coming year and how to get out ahead of them....more

Take 5 Newsletter: Five Labor and Employment Issues Faced by Health Care Employers

As the Affordable Care Act and the challenges of reimbursement and funding for health care services drive changes in the health care delivery system and employment in the industry, new issues in labor and employment law are...more

EU Court Says Loyalty Discounts Betray Competition: Ruling Underlines U.S. Differences

Intel's use of loyalty discounts and rebates to computer manufacturers and other actions directed at competitor Advanced Micro Devices violated EU competition law, according to the European Union's (EU) General Court. The...more

Delaware Court of Chancery Rejects Indemnification Sleight of Hand

In Branin v. Stein Roe Inv. Counsel, LLC, C.A. 8481-VCN, 2014 WL 2961084 (Del. Ch. June 30, 2014), the Delaware Court of Chancery held that a vested right to indemnification may not be rescinded by a subsequent amendment to...more

SEC Commissioner Gives Corporate Boards a Cybersecurity Wake-up Call

“Given the significant cyber-attacks that are occurring with disturbing frequency, and the mounting evidence that companies of all shapes and sizes are increasingly under a constant threat of potentially disastrous...more

You’ve Been Hacked! What Do You Do?

There is an oft-repeated saying in the information security world: “There are two types of companies: those that know they’ve been hacked and those that have yet to find out they’ve been hacked.” No matter how many times...more

How the America Invents Act Has Changed the “One-Year Grace Period” for Filing Patent Applications

The United States patent system underwent a major overhaul last March with the implementation of key provisions of the America Invents Act (“AIA”). The AIA is considered the most substantial change in patent law since 1952...more

Employers Stand by Their Drug Policies as Marijuana Laws Gain Ground

Marijuana laws are undergoing a quick and radical transformation in the U.S. Currently, 20 states plus the District of Columbia allow the use of marijuana for medical reasons. Two states — Washington and Colorado — have...more

Seventh Circuit Says One Use of “N-Word” Does Not Create Hostile Work Environment

Under Title VII, single acts of verbal abuse typically do not rise to the level of legally actionable harassment. Only when these behaviors are repeated over a discrete period of time will courts consider them to create a...more

Stampeding for the Exits: Pharmaceutical Companies and the Recent Wave of Inversions

Actavis, Pfizer, Medtronic, Abbvie and Salix have all recently announced plans to merge with foreign competitors and reincorporate in the U.K. or Ireland – a strategy commonly known as an “inversion” (Pfizer’s merger plans...more

Illinois Enacts New Law Impacting Inquiries on Criminal Background Checks

On July 19, 2014, 2014, Illinois Governor Pat Quinn signed into law the Job Opportunities for Qualified Applicants Act, which will go into effect on January 1, 2015. The new law will restrict the timing of pre-employment...more

Regulatory Issues in Layaway Ticket Sales

The economic downturn and great recession decreased consumers’ disposable income, made consumer borrowing more difficult and soured public opinion against borrowing and amassing credit card debt. Combating this downward trend...more

Sixth Circuit Blurs Line Between Primary and Excess

The Sixth Circuit recently addressed the question of whether an excess insurer must provide a defense when the primary insurer fails to do so. In IMG Worldwide v. Westchester Fire Insurance Company, No. 3836 (6th Cir. July...more

Interns and employment issues

1. Are interns employees? This is an important question with a big impact on the individual concerned and what remuneration and rights they are entitled to. And the answer is…it depends. The main determining factor is...more

Can Watching Grandchildren Entitle Employee To FMLA Leave?

As all employers covered by the federal Family and Medical Leave Act (FMLA) are well aware, that Act requires them to provide up to 12 weeks of leave to employees providing care to covered family members with a serious health...more

Denying Coverage Based on Advertising Injury, Court Finds Corporations are Not Persons

A New York appellate court recently found that a corporation is not the kind of "person" that can suffer a violation of privacy rights for purposes of advertising injury coverage. In Sportsfield Specialties, Inc. v. Twin City...more

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