News & Analysis as of

Written Consent

Wow! Illinois Biometric Privacy Suits Proliferate

This month, in one of the many recently-filed Illinois biometric privacy suits, a class action complaint alleging violations of Illinois’s Biometric Information Privacy Act (BIPA) was lodged against Wow Bao, a restaurant...more

FRANCHISEE 101: Squeezed at the Pump

by Lewitt Hackman on

Most dealership and franchise agreements require the franchisor's prior written consent to the transfer of a business from one franchisee to another. The new franchisee is often required to sign the franchisor's then-current...more

A Shareholder Consent In Its Dotage May Or May Not Be Valid

by Allen Matkins on

California Corporations Code Section 603(a) broadly authorizes shareholder action by written consent...more

Mobile Marketing - The Legal Guardrails

by King & Spalding on

Dangerous Regulatory Landscape - ..Federal Law .TCPA .CAN-SPAM .FTC Regulations .FCC Regulations ..State Laws .Consumer Protection Statutes .Commercial Electronic Mail Acts .Privacy Torts... Please...more

How The Proposed Fix To Delaware’s Stockholder Consent Statute Can Be Fixed

by Allen Matkins on

Earlier this week, I wrote about a proposed amendment to Section 228 of the Delaware General Corporation Law. The amendment, which is proposed by The Corporate Council of the Corporation Law Section of the Delaware State...more

After 25 Years, Delaware Begins To See The Light

by Allen Matkins on

A quarter century ago, I wrote a brief piece criticizing how Delaware handled stockholder action by written consent...more

Court Gives Broad Reading to Illinois Biometric Privacy Act

by McGuireWoods LLP on

The Illinois Biometric Information Privacy Act (IBIPA) covers face geometry scans that are created from digital images, according to a preliminary ruling last month in a lawsuit against Google. Rivera v. Google Inc., No. 16 C...more

First Department Affirms the Validity of an LLC Operating Agreement Adopted by Majority Members without Minority Consent: ...

In Shapiro v. Ettenson, No. 2849, 2017 BL 19404 (App. Div. 1st Dep’t Jan. 24, 2017), the Appellate Division, First Department recently affirmed a decision by Supreme Court Justice Kelly O’Neill Levy upholding an LLC operating...more

"Key Takeaways: Corporate Governance Series — Preparing for the Shareholder Proposal Season"

On November 16, 2016, Skadden hosted a webinar titled “Preparing for the Shareholder Proposal Season.” The panelists were Amy Borrus, deputy director of the Council of Institutional Investors (CII); Skadden M&A and corporate...more

New Rules for New York Employers Who Use Payroll Debit Cards and Direct Deposit

As the workplace becomes increasingly digitized, both employers and employees can benefit from the conveniences technology provides. Chief among those is the convenience of electronic access to funds, which allows people to...more

NY Makes Significant Changes to Employers’ Use of Direct Deposit and Payroll Cards

by Reed Smith on

The New York State Department of Labor (NYSDOL) recently finalized a new rule that significantly changes how employers pay their employees through direct deposit and payroll debit cards. Even though the new regulation does...more

New Regulation Restricts New York Employers Seeking to Pay Wages by Direct Deposit, Payroll Debit Cards

by Jackson Lewis P.C. on

The New York Department of Labor has adopted a regulation that reiterates an employer generally must obtain written consent to pay wages by direct deposit of wages and clarifies the legality of paying wages with payroll debit...more

New York Publishes Final Rules on Wage Payment Methods

On September 7, 2016, the New York State Department of Labor published final regulations on the methods by which employees must be paid, including with respect to direct deposit of wages and payroll debit cards.  The...more

New York Implements Regulation Strongly Favoring Payment of Wages by Check and Discouraging Payment by Direct Deposit and Debit...

by Littler on

On September 7, 2016, the New York State Department of Labor (“NYDOL”) adopted a final regulation setting the conditions by which employers in New York State can pay wages by direct deposit or by debit card. This regulation...more

Report Warns Providers of HIPAA Violations When Responding to Negative Online Reviews

by Foley & Lardner LLP on

ProPublica, a public interest investigative newsroom, recently identified more than 3,500 one-star medical reviews on Yelp in which patients complained about privacy issues. ProPublica determined that “in dozens of instances,...more

Protected Health Information: Providers Must Proceed with Caution

Medical records are a powerful weapon in the courtroom. They may reveal the extent of an individual’s injury in a personal injury case or substantiate the severity of an individual’s mental illness when that mental illness is...more

Don't wait for the new year to close old files

by Dentons on

Most attorneys and law practices generally understand which clients are no longer clients and which matters should be closed. Although closing files is not complicated, it typically only happens if there is a concentrated...more

Streamlining Board Approvals: Unanimous Written Consent and Electronic Approval

Many corporate actions require board of directors approval for various reasons. For example: - State corporate law requires board approval for many things, such as when a company issues shares; - A company’s...more

When Someone Is Missing, Is Consent Unanimous?

by Allen Matkins on

The word “unanimous” is derived from two Latin words, unus (meaning one) and animus (mind). Thus in Plautus’ play, the servant, Stichus, tells his friend, Sagarinus: “ego tu sum, tu es ego, unianimi sumus (I am you and you...more

Google Is the Latest Online Provider to Face Class Action over Collection of Faceprints

As we have previously written about, there are several ongoing biometric privacy-related lawsuits alleging that facial recognition-based systems of photo tagging violate the Illinois Biometric Information Privacy Act (BIPA). ...more

What’s The Proper Interval Between Annual Meetings?

by Allen Matkins on

I enjoyed participating in the “Hot Issues For Your Annual Meeting” webcast yesterday. My comments were largely focused on California and Nevada corporate law. Roxanne Houtman of Potter Anderson Corroon LLP covered Delaware...more

Carter v. The Pain Center of Arizona

Carter v. The Pain Center of Arizona Arizona Court of Appeals, Division One, February 2, 2016 - Court of Appeals Overturns Defense Verdict In Medical Malpractice Conditional Consent Case - After a fall, Carter met...more

SAMHSA Proposes Major Changes to Federal Substance Abuse Privacy Rule

by Foley & Lardner LLP on

On February 9, 2016, almost thirty years after the last substantive change to the federal regulations governing the confidentiality of alcohol and drug abuse patient records, the Substance Abuse and Mental Health Services...more

Court of Appeals Overturns Defense Verdict In Medical Malpractice Conditional Consent Case: Carter v. The Pain Center of Arizona

After a fall, Carter met with Dr. Towns, who recommended a sacrococcygeal ligament injection for her pain. When Carter expressed anxiety about the injection, Towns offered to sedate her for the procedure. When Carter returned...more

Five Considerations Before Selling a Vineyard or Winery

Whether to sell a vineyard or winery is one of the most significant decisions an owner will make. There are financial, career, lifestyle, and other factors that go into the choice, and the calculation is different for each...more

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