News & Analysis as of

Corporate Counsel

Suing Your Employee? Don't Try This at Home

by Faegre Baker Daniels on

In Petter v EMC Corporation [2015] EWCA Civ 828, a U.K. subsidiary and its U.S. parent company were prevented by the English courts from continuing non-compete proceedings against an employee in the court of Massachusetts....more

Press Delete, Go Directly to Jail? The Scope of the Computer Fraud and Abuse Act’s Damage Provision

by Foley & Lardner LLP on

Can deleting information, even personal information, from your work computer land you in prison? That was the central question posed in USA v. Zeng, Case No. 4:16-cr-00172 in the Northern District of California. Mr. Zeng...more

Hot Topic for 2018 Proxy Season: Director Compensation in Wake of New Delaware Supreme Court Ruling

by Pepper Hamilton LLP on

In an important recent opinion, the Delaware Supreme Court ruled in In re Investors Bancorp, Inc. Stockholder Litigation that certain director compensation decisions would be reviewed under the “entire fairness” standard...more

Protecting Artificial Intelligence IP: Patents, Trade Secrets, or Copyrights?

by Jones Day on

The Situation: Artificial intelligence ("AI") technology is exploding across virtually all industries. Technology companies are innovating at warp speed, and even companies that do not principally identify as "technology...more

Investigating Sexual Assault in the Workplace—A Cautionary Tale

by Bennett Jones LLP on

Sexual harassment in the workplace continues to be a top legal risk for employers, especially in the context of the #metoo movement. Employers have a duty to investigate and promptly deal with allegations of harassment in the...more

What Canadian Companies Need to Know About Effective Compliance with Canadian, U.S. and Global Anti-Corruption Laws

by Bennett Jones LLP on

Issue-Spotting and Compliance Best Practices - An understanding of the Foreign Corrupt Practices Act (FCPA) and Corruption of Foreign Public Officials Act (CFPOA) provides a framework to consider how, when and why these...more

Seyfarth’s 2018 Workplace Class Action Litigation Report Is Now Available!

by Seyfarth Shaw LLP on

Seyfarth Synopsis: At 878 pages, Seyfarth’s 14th Annual Workplace Class Action Litigation Report analyzes 1,408 rulings and is our biggest and most voluminous Report ever. Please see full Publication below for more...more

Looking Forward: Canadian Class Actions in 2018

by Bennett Jones LLP on

The past year saw another flurry of Canadian class action activity. Courts across the country rendered significant decisions that should give companies doing business in Canada cause for both concern and optimism. While the...more

Federal Appeals Court Slams Data Breach Privilege Claim

In the most recent object lesson in a data breach privilege case, a federal appeals court has ordered a Michigan-based mortgage lender to turn over privileged forensic investigatory documents after the investigator’s...more

New York Court Says Retailer Not Responsible For Unforeseeable Violence Against Patron

by Fisher Phillips on

A federal district court in Brooklyn recently held that an employer does not owe a duty to protect patrons from assault unless the attack was “reasonably foreseeable,” specifying that businesses would only be put on such...more

Thank You IRS - Extensions for This Year’s ACA Tax Reporting

by Foley & Lardner LLP on

The “Bottom Line” - Employers will have until March 2, 2018 to furnish Form 1095-C (“Employer-Provided Health Insurance Offer and Coverage”) to employees.,,...more

Lack of Injury Dooms Deceptive Pricing Suit

Finding that Burberry outlet shoppers suffered no injury, a New York federal court judge tossed a deceptive pricing class action. Thomas Belcastro purchased five shirts from Burberry outlet stores in Florida between 2014...more

Update on Status of Entrepreneurial Parole Program for Foreign Entrepreneurs

by Murtha Cullina on

On January 17, 2017, the Department of Homeland Security (DHS) published a final rule establishing a parole program for international entrepreneurs seeking to improve the ability of certain startup founders to remain in the...more

FTC Brings First-Ever “Connected” Toys Privacy and Data Security Case; US, Canada, and Hong Kong Privacy Regulators Coordinate...

by WilmerHale on

On January 8, 2018, the Federal Trade Commission (FTC) brought its first-ever privacy and data security case involving Internet-connected toys. VTech Electronics Limited and its US subsidiary (VTech), maker of...more

Blockchain, Virtual Currencies and the Regulators

by Dorsey & Whitney LLP on

The public interest in anything relating to virtual currencies, blockchain technology or bitcoin is not just very high bit reaching near hysteria. For example, the Long Island Iced Tea Corporation saw its share price jump as...more

The Department of Labor’s Newly Issued Association Health Plan Proposed Regulations Include Welcome Changes for Employers But...

On January 3, 2018, the Department of Labor issued proposed regulations that will make it easier for small employers to band together to form “association health plans” (“AHPs”), thereby providing access to more liberal...more

Will Big Cyber Hacks Cause The SEC To Issue New Guidelines?

by Ifrah PLLC on

Following a change of heart from a top Securities and Exchange Commission regulator, public companies will likely soon face new guidelines for how they report cybersecurity breaches to investors. SEC Corporate Finance...more

U.S. Targets Human Rights Abusers and Corrupt Actors Worldwide – Key Takeaways from the Potent New Sanctions

On December 20, 2017, President Trump issued Executive Order 13818 (the “E.O.”) implementing provisions of the Global Magnitsky Human Rights Accountability Act (“Global Magnitsky Act”) (enacted into law in December 2016),...more

New Tax Reform Bill Stifles #MeToo Settlement Deductions

In acknowledgment of the recent sexual misconduct allegations and the confidential settlements in connection with those allegations, Congress added a new section 162(q) to the Internal Revenue Code as part of the Tax Cuts and...more

Beware of the Man-in-the-Middle: Lessons from the FTC’s Lenovo Settlement

by Patrick Law Group, LLC on

The Federal Trade Commission’s recent approval of a final settlement with Lenovo (United States) Inc., one of the world’s largest computer manufacturers, offers a reminder that when it comes to consumers’ sensitive personal...more

New Hampshire, Pennsylvania, Vermont May Restrict Use Of Non-Compete Agreements In Employment

by Jackson Lewis P.C. on

Proposals to restrict the use of non-compete agreements in employment have been introduced in New Hampshire, Pennsylvania, and Vermont. This appears to be the continuation of a trend that started nearly a year ago. On...more

Federal Appeals Court Breathes New Life Into Pay Equity Claim, While Imposing Higher Standard On Employers

by Fisher Phillips on

The 4th Circuit Court of Appeals just forced a public employer back into court to defend itself against a pay equity claim after a lower court had dismissed the lawsuit and cleared the employer from wrongdoing. In...more

Dialing-In: TCPA Hot Issues for 2018

Companies across a spectrum of consumer-facing industries face a continued wave of class action filings under the Telephone Consumer Protection Act (TCPA). In 2017, TCPA lawsuits remained one of the most frequently filed...more

Changes Abound in New Tax Bill for Multinational Companies

by Williams Mullen on

Perhaps some of the most extensive changes in H.R. 1, known as the Tax Cuts and Jobs Act (the “Act”), deal with the taxation of multinational companies. The taxation of foreign earnings has long been a point of contention...more

Private Rights of Action under Illinois Biometric Privacy Statute Sharply Limited

by Ropes & Gray LLP on

On December 21, 2017, a three-judge panel of the Second District Appellate Court of Illinois significantly narrowed the ability of plaintiffs to bring a private right of action under Illinois’ Biometric Information Privacy...more

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Cybersecurity

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