Companies face evolving and significant cyber risks. The FBI estimates that ransomware will generate at least $1 billion for criminals.  Businesses stand to lose at least $400 billion each year from hacks.  The cyber defense, forensics… more

The Supreme Court has vacated the U.S. Court of Appeals for the Ninth Circuit’s decision upholding a Berkeley, California ordinance requiring cell phone retailers to warn customers about potential radiofrequency (RF) safety risks when… more

Kindred Healthcare. On July 2, 2018, Humana Inc. and private equity firms TPG Capital (TPG), and Welsh, Carson, Anderson & Stowe (Welsh) (collectively referred to as the Consortium) issued a press release announcing the closure of… more

Company Disadvantaged Class of People With Disabilities in Various Ways, Federal Agency Found - SALT LAKE CITY - A Salt Lake City-based grocery store chain will pay $832,500 to resolve a group of disability discrimination charges… more

I handled my first combustible dust case in the late 80s and long before I worked at the Imperial Sugar plant event, I had learned about the fickle and never-to-be-taken lightly risks associated with combustible dust. Explosions and… more

A prenuptial agreement may be a bit of a loaded concept when it comes to marriage, but it shouldn’t be when it comes to your business relationships. Strong, well-written shareholder and operating agreements are the “prenups” of the… more

In Kaneka Corporation v. Zhejiang Medicine, the U.S. District Court for the Central District of California held that expert testimony alone was sufficient to avoid summary judgment of indefiniteness under 35 U.S.C. § 112 ¶ 2, even… more

Sexual harassment in the workplace has been in the news a lot lately, thanks to high-profile cases involving people such as former Fox News CEO Roger Ailes, actor Kevin Spacey, and Hollywood executive Harvey Weinstein… more

On July 12, 2018, the U.S. Commodity Futures Trading Commission (CFTC) issued its largest whistleblower award ever, approximately $30 million, as part of its Dodd-Frank whistleblower program. This is the first award under the Trump… more

Every Employee Required to Tell Boss of Every Medicine That 'Could' Affect Job, Federal Agency Charges - DALLAS - Dallas-based Oncor Electric Delivery Company, LLC violated federal law by terminating a data entry clerk who would… more

On June 26, 2018 and June 29, 2018, the U.S. Court of Appeals for the Third Circuit and the U.S. Court of Appeals for the Second Circuit, respectively, held that a device is not considered an automatic telephone dialing system (ATDS)… more

The Securities and Exchange Commission is proposing to simplify and modernize the regulatory framework governing exchange-traded funds and enhance information to investors about the costs of purchasing ETF shares. If adopted, the… more

Have you noticed an uptick in suspicious-looking emails in your inbox? Perhaps received a secure message notification from someone who didn't actually send you a secure message? You're not alone. Phishing scams are becoming more… more

Faulty Implants Cause Pain, Problems and Peril - Did you know that arthritis is the leading cause of disability for adults in the U.S.? By 2030, American citizens over the age of 65 will outnumber children for the first time in U.S… more

There has been a lot of discussion surrounding class action litigation over the course of the last several years. The U.S. Supreme Court has tackled a variety of issues ranging from the use of class action waivers in arbitration… more

EMERGING TECHNOLOGY ISSUES - A bank customer who was defrauded when hackers accessed his email account to instruct a bank to make unauthorized wire transfers was unable to recover his money from the bank, which followed… more

A number of states have recently proposed or passed new laws related to state-level taxation, some of which are taxpayer-friendly and some of which are expected to impose additional tax burdens on taxpayers. They vary in subject from… more

Stryker recently announced an agreement to acquire SafeAir AG, a Swiss surgical smoke evacuation company. The acquisition will likely close by the end of 2018… more

White House instructs border officers to reject all asylum claims based upon gang or domestic violence. The Trump Administration will start instructing all officers reviewing asylum and refugee applications – including those made at… more

The CFPB recently issued a consent order requiring a large national bank to pay $335 million in restitution to credit card borrowers to settle claims that it violated TILA by failing to reevaluate and reduce the APRs for certain… more

Our June 28 post discussed the petition for certiorari in the U.S. Supreme Court seeking review of the First Circuit’s January 12 decision in Mission Product Holdings, Inc. v. Tempnology, LLC. We noted that the respondent’s response to… more

The American Law Institute voted on May 22, 2018 to approve the final draft of its “Restatement of the Law of Liability Insurance.” This was the culmination of an eight-year project that evolved through 29 drafts resulting in a nearly… more

The California Legislature has been active during 2018 in introducing legislation designed, in part (i) to exempt affordable housing projects in “Opportunity Zones” from the California Environmental Quality Act (“CEQA”), (ii) to limit… more

This past week, an Illinois district court dismissed, with leave to amend, claims relating to a competitor’s alleged scraping of sales listings from a company’s website for use on its own site. (Alan Ross Machinery Corp. v. Machinio… more

One sign of a mature compliance and ethics program is the extent to which a company's HR Department is involved… more