News & Analysis as of

Corporate Counsel

EU Court annuls the Commission rejection of Lufthansa's request to waive merger commitments

by White & Case LLP on

On 16 May 2018, the General Court annulled the Commission’s decision rejecting Lufthansa's request for a waiver of commitments it had given when it acquired Swiss in 2005. The Court faulted the Commission for not carrying out...more

Class Action Roundup: Spring 2018

by Alston & Bird on

Welcome! The spring has sprung and we are here to round up the major class action opinions and settlements finalized during the first quarter of 2018. It was another active quarter with significant activity across all the...more

Important Reminder: Required Filing by U.S. Companies With 10 Percent or Greater Foreign Ownership is Due May 31, 2018

by Davis Wright Tremaine LLP on

The Department of Commerce’s Bureau of Economic Analysis (BEA) requires each U.S. business enterprise in which a foreign person owned or controlled, directly or indirectly, 10 percent or more of the voting securities in an...more

Global merger control: Crossing the finish line: The EU approach to conglomerate effects

by White & Case LLP on

An increase in cases has been seen as a warning that the EU is ramping up its response to potential conglomerate effects. What can merging companies do to prepare for a challenge? In the aftermath of the attempted merger...more

Manager's Complaints About Too Many Pregnant Women Prevent Summary Judgment on Discrimination Claim

As with life in general, sometimes it’s best for a manager to keep frustrations over a work situation to himself or herself. This advice was confirmed in a recent decision from the Tenth Circuit Court of Appeals, when a...more

Top Ten International Anti-Corruption Developments for April 2018

by Morrison & Foerster LLP on

In order to provide an overview for busy in-house counsel and compliance professionals, we summarize below some of the most important international anti-corruption developments from the past month, with links to primary...more

Revised CFIUS Bill Receives Unanimous Approval in House and Senate Committees; Increases Export Controls for “Critical...

by Morrison & Foerster LLP on

Legislation that would substantially overhaul the law governing the Committee on Foreign Investment in the United States (CFIUS) received unanimous committee approvals in the House and Senate today. The proposed legislation...more

Dismissal Denied In EEOC Race Discrimination Action Against Security Company

by Seyfarth Shaw LLP on

A federal district court in Maryland recently denied in part an employer’s motion to dismiss a race discrimination action brought on behalf of African-born security guards by the EEOC, and instead granted the EEOC’s motion to...more

New ITC Rules For Patent Infringement Cases: Adding Fuel To The Ultimate Rocket Docket

by Weintraub Tobin on

The United States International Trade Commission (“ITC”) is a Federal agency that deals with matters involving trade. Among its many responsibilities, the ITC investigates a variety of issues related to trade including...more

Ninth Circuit Says Employee Bears Burden at Trial of Proving Available ADA Accommodation

We typically avoid reporting on cases that involve procedural issues primarily of interest to trial lawyers. However, once in a while, a procedural decision can have significant impacts on how employers structure their human...more

Court Rejects Plaintiffs’ Attempt to Double-Dip in Settlement Pool

It is a rare occasion that the phrase “joint employer” has positive implications for any business. However, a panel sitting on the California Court of Appeals recently gave one party in a joint employer arrangement cause to...more

Is a “Vice President” an Officer for Indemnity Purposes? Delaware and New Jersey Weigh In

by White and Williams LLP on

What makes a corporate officer an “officer”? For corporations, the issue of who qualifies as an officer is significant because corporations may be required to advance legal expenses and indemnify their officers pursuant to...more

Ninth Circuit Certifies Questions to California Supreme Court Regarding Applicability of California Employment Laws to Mobile...

by Polsinelli on

In three separate cases involving airline employers, the U.S. Ninth Circuit Court of Appeals recently certified five questions to the California Supreme Court for guidance on whether California’s labor code provisions apply...more

CEOs Under the Criminal Spotlight – More C-Suite Misconduct

by Michael Volkov on

We live in a bizarre time — an information age where lines are blurred between truth and lies — a strange era in which our daily doses of information are dominated by scandals, corruption, and repeated claims of “fake news.” ...more

Eleventh Circuit Rules There Is No Coverage under Crime Policy’s Computer Fraud Component

Remember the “good” ol’ days when the run-of-the-mill theft involved someone physically taking something tangible? That is so 20th century. Now, thieves and fraudsters are able to use computers and the internet to carry out...more

Current Claims Filing Trends in Securities Class Action Settlements

by Epiq on

Overall, 2017 was a busy year for securities class action lawsuits. It started at a blistering pace, and finished with the most suits filed since 2001, at a staggering 66% increase over 2016. The resolutions for securities...more

Even Minority Interest in a Competitor Could Violate Antitrust Laws

by Faegre Baker Daniels on

Companies and shareholders contemplating mergers or acquisitions must consider all potential anticompetitive implications of a deal, including the competitive effects of minority shareholder interests. The Federal Trade...more

2018 Worksite Enforcement Investigations by U.S. Immigration & Customs Enforcement Already Double 2017 Total

by Garvey Schubert Barer on

With more than four (4) months left in the federal government's 2018 fiscal year, U.S. Immigration & Customs Enforcement (ICE) this week reported it had already doubled the number of audits that it conducted during the entire...more

Stay with me now: Why the Primary Jurisdiction Doctrine is a TCPA Defendant’s New Best Friend

by Womble Bond Dickinson on

The TCPA has been in more-or-less constant upheaval since July, 2015. The events of the last two weeks in TCPAland have been relentless and breathtaking in their immediate and potential significance. Chief among these...more

Supreme Court Issues Pro-Employer Ruling on Class Action Waiver Issue

On May 21, 2018, the Supreme Court of the United States settled the contentious class action waiver issue that has riled courts for the past six years. In a 5-4 opinion, the Court upheld class action waivers in arbitration...more

Reminder To Employers: Even The “New” NLRB Will Not Bail You Out If You Terminate An Employee (Union Or Non-Union) Who Discusses...

by Jackson Lewis P.C. on

On Friday, May 4, 2018, the National Labor Relations Board ruled that a janitorial services company violated the National Labor Relations Act when it terminated an employee who pursued wage theft claims and discussed the...more

Using Arbitration Agreements to Avoid Class Action Claims in Data Breach Lawsuits

by Baker Donelson on

Baker Donelson's Data Protection, Privacy and Cybersecurity attorneys are pleased to continue a series of client alerts that address significant cyber-threats to your business and discuss ways you can protect your business...more

Between a Rock and a Hard Place: EU & Russia Move Forward with “Blocking Statutes” in Response to U.S. Exit from Iran Nuclear Deal

by Kelley Drye & Warren LLP on

Sanctions blocking statutes being prepared by the European Commission (EC) and Russia could put companies in the middle of conflicting legal requirements, raising difficult and complex sanctions compliance decisions. ...more

Bach's Legacy and How an Outside General Counsel Can Help Your Business Sustainability

Sustainability simply means the ability to be maintained or to continue. Today, we usually think of sustainability in the context of energy or the environment. However, sustainability also is important to every individual and...more

Ability to Work Rotating Shifts Considered Essential Job Function

When a current employee develops a disabling medical condition, employers are frequently faced with Americans with Disabilities Act accommodation requests that would fundamentally alter the way that the job has been...more

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