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Waivers Corporate Counsel

Goodwin

Bigger Fish to Fry: BIS Refines Voluntary Self-Disclosure Process for Minor EAR Violations

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The US Department of Commerce’s Bureau of Industry and Security (BIS), which administers the Export Administration Regulations (EAR) and regulates most exports from the United States, announced further updates to the process...more

Buchalter

Recent Court Decision Highlights the Risk of Corporate Privilege Waiver when Cooperating with Government Investigation

Buchalter on

On May 4, 2022, New Jersey federal district judge Kevin McNulty unsealed a decision ordering Cognizant Technology Solutions Corp. to produce two of its former executives unredacted versions of memoranda and notes from its...more

King & Spalding

Cooperation Credit and Attorney-Client Privilege: The Implications of Coburn

King & Spalding on

Cognizant Technology’s Privilege Waiver - On February 1, 2022, the District of New Jersey ordered a company to produce internal investigation materials to two former executives indicted in connection with an alleged foreign...more

Sheppard Mullin Richter & Hampton LLP

Delaware Court of Chancery Holds that a Contractual Delaware Choice of Law Provision Did Not Waive Plaintiff’s Claim Under the...

In Swipe Acquisition Corp. v. Krauss, CA No. 2019-0509-PAF, 2021 WL 282642 (Del. Ch. Jan. 28, 2021), the Delaware Court of Chancery held that California public policy prohibited a purported waiver of a contractual party’s...more

Bradley Arant Boult Cummings LLP

Mississippi Legislates Herd Immunity from COVID-19 Exposure Claims

The Mississippi Back-to-Business Liability Assurance and Health Care Emergency Response Liability Protection Act was signed into law on July 8, 2020. The Act provides sweeping immunity for businesses, health care providers,...more

Stinson LLP

CARES Act Provides Much Needed Retirement Plan-Related Relief for Individuals and Employers Impacted by COVID-19

Stinson LLP on

On March 27, 2020, President Trump signed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), which addresses the public economic and health crisis related to the 2019 novel coronavirus (COVID-19)....more

McDermott Will & Emery

Crisis & Compliance: EU Competition Law During COVID-19

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Amid the economic shocks caused by the Coronavirus (COVID-19) crisis, many industries are facing reduced demand for their products and services. Other industries—notably healthcare and food—are adjusting rapidly to expanding...more

McNees Wallace & Nurick LLC

The National Labor Relations Board 2019 Year End Review: An Overview of Major Developments in Labor Law

If 2018 was a year of elevator music at the National Labor Relations Board, 2019 was symphony of sound.  The Board’s initiatives were varied, high-profile and in the vast majority of cases, the developments were positives for...more

Kramer Levin Naftalis & Frankel LLP

Protecting Drag-Along Rights in Private Equity Deals

Even as they make their investment, private equity investors are focused on their exit. A standard feature of an exit strategy is the set of drag-along rights embedded in a stockholder or similar agreement executed among...more

Littler

New York State Bans Discrimination Based on Reproductive Health Decision Making

Littler on

As of November 8, 2019, New York State prohibits employment discrimination based on an employee’s or a dependent’s “reproductive health decision making.” The New York State Legislature passed the bill in January 2019, and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Court Invalidates Arbitration Agreement With PAGA Waiver

In an unpublished decision, the California Court of Appeal, Third Appellate District denied an employer’s motion to compel arbitration of a former employee’s Private Attorneys General Act (PAGA) claims. Instead, the court...more

Dorsey & Whitney LLP

When a Disclosure Form Must “Stand Alone”: Recent Cases Hold Companies Liable for Including Too Much on FCRA Disclosures

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Let’s face it. The hiring process involves mounds of regulations, disclosures, authorizations, and then more disclosures. The last thing an employer – or applicant – wants to see is a higher stack of documents filled with...more

Dechert LLP

Federal Court Finds “Oral Downloads” to SEC Waived Attorney Work Product Protection

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U.S. Magistrate Judge Jonathan Goodman, in the Southern District of Florida, ruled last month that outside counsel’s “oral downloads” of internal investigation findings to the Staff of the Securities and Exchange Commission...more

Mintz - Intellectual Property Viewpoints

Federal Circuit Concludes that TC Heartland Was a Change in the Law, Reviving Venue Transfer Motions for Defendants Previously...

On November 15, 2017, the United States Court of Appeals for the Federal Circuit resolved a split among district courts on the question whether the United States Supreme Court’s TC Heartland decision constituted a change in...more

Fisher Phillips

Gig Employers, Arbitration Agreements, and the Power of the “Click”

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How important is your businesses’ terms of service (TOS) agreement, usually presented to users of your business model through a process requiring them to click “I agree” before they can access your platform? A recent case...more

Nossaman LLP

Mealtime Waiver Decision is Good News for California Healthcare Employers Hungry for Clarity

Nossaman LLP on

In a rare move, the California Court of Appeal reversed itself and validated a California hospital’s policy of allowing healthcare workers to waive an otherwise mandatory second meal period on shifts longer than 12 hours. In...more

Seyfarth Shaw LLP

Arbitrating PAGA Representative Actions: Federal and State Courts Begin to Part Ways

Seyfarth Shaw LLP on

Seyfarth Synopsis: Three decisions issued earlier this month reveal an increasing tension between the Ninth Circuit and California appellate courts on whether representative PAGA actions can be arbitrated. As a result,...more

Clark Hill PLC

Employers Violate the Disclosure Requirements of the FCRA if They Include Anything More Than the Disclosure Itself

Clark Hill PLC on

On January 20, 2017, in a case of first impression, the Ninth Circuit Court of Appeals ruled that a prospective employer violates Section 1681b(b)(2)(A) of the Fair Credit Reporting Act (FCRA) when it procures a job...more

Ballard Spahr LLP

Ninth Circuit Confirms That Liability Waiver in FCRA Disclosure Triggers Liability

Ballard Spahr LLP on

In a case presenting a question of first impression in the federal courts of appeals, the Ninth Circuit has held that a prospective employer violates the Fair Credit Reporting Act (FCRA) when it procures a job applicant's...more

Littler

SEC Issues Cease-and-Desist Order Against Severance Agreement Clause Limiting Whistleblowers' Rights to Recover Bounty Awards

Littler on

On August 10, 2016, the U.S. Securities and Exchange Commission issued a cease-and-desist Order and imposed remedial sanctions against a publicly traded company for including language in its severance agreements requiring...more

Proskauer - Labor Relations Update

NLRB Majority, Management Rights Clause Must Be Specific To Enable Employer To Make Unilateral Changes

Collective bargaining agreements, do not, and cannot cover every issue that will arise during their term. Matters concerning terms and conditions of employment that are not addressed in the labor contract have to be...more

FordHarrison

New Jersey Employers Cannot Reduce Employees' Time To File Discrimination Claims From Two Year Statute Of Limitations, Rules...

FordHarrison on

The New Jersey Supreme Court has held that employment agreements shortening the time in which an employee may file a discrimination claim against his or her employer under the New Jersey Law Against Discrimination (LAD) are...more

Carlton Fields

SEC Waivers with Strings Attached: the Wave of the Future?

Carlton Fields on

The SEC recently attached potentially precedent-setting conditions to a waiver from certain automatic disqualifications under the federal securities laws. Without such waivers, defendants that settle securities law...more

BakerHostetler

Collado v. J & G Transport, Inc. – When a Waived Right to Arbitrate is Revived

BakerHostetler on

Some may have thought that once waived, the right to arbitrate is gone forever. No so! The Eleventh Circuit decision in Collado v. J & G Transport, Inc., No. 15-14635 (11th Cir. April 21, 2016) is but the latest example. In...more

Haight Brown & Bonesteel LLP

Once a Waiver, Always a Waiver: Employee’s Agreement to Waive Meal Break Cannot Be Revoked

In Palacio v. Jan & Gail’s Care Homes, Inc. (Ct. of Appeal F070861), published December 7, 2015, the Court of Appeal for the Fifth Appellate Court ruled against a health care worker who sued to recover penalties for meal...more

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