Written Consent

Delaware and California Courts Split as to Whether a Reverse Triangular Merger Results In an Assignment By Operation of Law,...

by Amrita Nangiana, David Sands | Sheppard Mullin Richter & Hampton LLP on 4/10/2013

In Meso Scale Diagnostics, LLC v. Roche Diagnostics GmbH, C.A. No. 5589-VCP, 2013 WL 911118 (Del. Ch. Feb. 22, 2013, rev. Mar. 8, 2013), the Delaware Court of Chancery held that a reverse triangular merger does not result in...more

New Fair Credit Reporting Act Form For Employers

by Scott T. Silverman | Akerman Senterfitt on 2/19/2013

Title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank Act) established the Consumer Financial Protection Bureau (CFPB), and the responsibility for interpreting and enforcing the Fair...more

New Year, New FCRA Forms

by Kara Shea | Butler, Snow, O'Mara, Stevens and Cannada,... on 2/8/2013

Do you use a third party service to conduct background checks on job applicants or employees? If yes, then you should take note of new forms which employers are required to use for this purpose, effective January 1, 2013. ...more

New Year Brings New FCRA Forms for Employers and Possibly Additional Notification Requirements

by Lisa E. Cleary, Nivritha Ketty, Adam Pinto, Catherine A. Williams | Patterson Belknap Webb & Tyler LLP on 2/7/2013

The Consumer Financial Protection Bureau (CFPB), the primary enforcer of the Fair Credit Reporting Act (FCRA) rang in the new year by issuing new forms for users of consumer reports. Copies of the forms that went into effect...more

FTC Updates To Online Privacy Acts, COPPA And VPPA

by Gina Ilardi | Sheppard Mullin Richter & Hampton LLP on 2/4/2013

The Children's Online Privacy Protection Act (“COPPA”) was enacted to place parents in control over what information is collected, used and disclosed from young children online. COPPA applies to operators of commercial...more

Facebook and Netflix now “in a Relationship”; Obama Signs Bill Updating Video Privacy Law

by Jessica Goldenberg | Proskauer - Privacy & Data Security on 1/24/2013

On January 10, 2013, President Obama signed into law H.R. 6671, an amendment to the Video Privacy Protection Act of 1988 (VPPA) codified at 18 U.S.C. § 2710, which will permit companies, such as Netflix, to obtain advance...more

President Signs Video Privacy Protection Act Amendments Act of 2012

by Jenna Karadbil | Pillsbury Social Media, Entertainment &... on 1/23/2013

On January 10, 2013, the President signed the Video Privacy Protection Act Amendments Act of 2012 into law. The 2013 Act amends the Video Privacy Protection Act of 1988 (18 USC 2710), which prohibited the sharing or...more

Changes to SIBA's 'significant interest' provisions

by Philip Graham, Ross Munro | Harney Westwood & Riegels on 1/21/2013

An important part of the assessment of an applicant for a SIBA licence is to consider the fit and proper status of the persons who ultimately own and exercise control of the licensee. Section 11 of SIBA has always required...more

Employers Should Use Revised FCRA Disclosure for Employees and Job Applicants

by Keith Barnett, Thomas Bundy, III, Knox Dobbins, Peter Farley, Jaliya Stewart Faulkner, Allegra Lawrence-Hardy, Jason Stone, Mark Thibodeaux, Annette Tripp, Gail Westover | Sutherland Asbill & Brennan LLP on 1/16/2013

Employers who use consumer reports as part of their decision-making process in the hiring, promotion or firing of employees should note the attached “A Summary of Your Rights under the Fair Credit Reporting Act” issued by the...more

New Federal Agency Rings In The New Year With New FCRA Background Check Forms

by Katherine Rand | Pierce Atwood LLP on 1/14/2013

Employers that use third parties to perform background checks on applicants or employees must start using new Fair Credit Reporting Act (FCRA) forms immediately. The new Consumer Financial Protection Bureau, which is...more

New Automated Opt-Out, Text Message, and Prerecorded Telemarketing Rules to Take Effect in 2013

by Julie O'Neill, Andrew M. Smith | Morrison & Foerster LLP on 1/9/2013

Key provisions of the Federal Communications Commission’s (“FCC”) telemarketing rule are scheduled to take effect in January and October of this year. Businesses that engage in telemarketing—including the delivery of text...more

Can A Director Consent By Email?

by Keith Paul Bishop | Allen Matkins Leck Gamble Mallory & Natsis... on 12/26/2012

The California General Corporation Law authorizes board action by written consent. Cal. Corp. Law § 307(b). Sometimes, I’ve been asked about signing an email consent. Section 17 of the Corporations Code (which governs, but is...more

Shhhhh! There is an Employee Misconduct Investigation Going On!

by Kelly Scott | Ervin Cohen & Jessup LLP on 10/22/2012

An employer hires an outside investigator to examine allegations of employee misconduct. Is the employer required to obtain permission from the employee who is the subject of the investigation? The Federal Trade Commission...more

Delaware Court Finds That Operating Agreement Language Did Not Preempt Action by Written Consent Permitted by Statute

by Thomas R. Leffler | Holland & Knight LLP on 7/30/2012

On May 29, 2012, the Delaware Court of Chancery issued a decision in a case that concerned whether the language in the operating agreement of a limited liability company (LLC) prescribed the sole manner by which the LLC's...more

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