News & Analysis as of

Written Consent

5 TCPA Class Action Trends to Watch in 2018 – Legislation, Administrative Law & Litigation

Have the GOP’s Hopes for Enacting the Fairness in Class Action Litigation Act Been Dashed? – Passed in March 2017 by the U.S. House of Representatives, the Fairness in Class Action Litigation Act of 2017, H.R. 985, has...more

Delaware Court Of Chancery Invalidates Written Consent Of The Majority Of Common Stockholders Purporting To Remove And Replace CEO...

by Shearman & Sterling LLP on

On January 10, 2018, Vice Chancellor J. Travis Laster of the Delaware Court of Chancery granted a motion for judgment on the pleadings to plaintiffs, the CEO and another director of TradingScreen Inc., invalidating a written...more

SAMHSA Final Rule Expands Permitted Disclosures of Substance Use Disorder Information to Subcontractors

The Substance Abuse and Mental Health Services Administration (SAMHSA) has issued a final rule (Rule) updating the Confidentiality of Substance Use Disorder Records, 42 CFR part 2 (Part 2), to expand the circumstances under...more

Appellate Court Limits Who May Sue Under Biometric Information Privacy Act

by Jones Day on

As noted in a prior Commentary, plaintiffs continue to bring a flood of lawsuits under Illinois' Biometric Information Privacy Act ("BIPA") against companies that collect, use, or store biometric identifiers. Many of these...more

Litigants Alleging Procedural Violations of Illinois Biometric Privacy Statute (BIPA) Are Not “Aggrieved” Parties That May Seek...

As 2017 drew to an end, we noted the continuing flood of Illinois biometric privacy suits filed over the past year. There are literally dozens of cases pending, most in Illinois state courts, alleging violation of Illinois’s...more

Preparing for the Shareholder Proposal Season

On November 16, 2017, Skadden held our webinar “Preparing for the Shareholder Proposal Season.” The panelists were Michael Garland, Assistant Comptroller for Corporate Governance and Responsible Investment in the Office of...more

Biometric Privacy Targeted In Increased Class Action Litigation in Illinois

by Bryan Cave on

Even as technology advances and consumers become more accustomed to providing their fingerprints in routine, everyday transactions (such as unlocking their cellular phones), private entities, and employers in particular, are...more

The Law of Unintended Consequences: BIPA and the Effects of the Illinois Class Action Epidemic on Employers

Has your company recently beefed up its employee identification and access security and added biometric identifiers, such as fingerprints, facial recognition, or retina scans? Have you implemented new timekeeping technology...more

Do Your Vendor Contracts Comply with GDPR?

by Womble Bond Dickinson on

Any entity processing personal data on your behalf (i.e., your vendors) must have a written contract in place. The GDPR requires specific language in your vendor contracts. Review steps 1–4 below to bring your vendor...more

Using Biometric Timekeeping? Be Aware of Potential Compliance Risks

by Foley & Lardner LLP on

Human resources professionals could certainly be excused for feeling frustrated with the fact that every technological advance improving business operations comes with new legal landmines to manage. For example, increased...more

No TKO: California Judge Refuses to Disqualify Counsel from Patent Litigation

Last week, a federal judge in California denied the plaintiff’s motions to disqualify the defendant’s counsel, finding that the firm’s former representation of the plaintiff was not sufficiently recent, substantial, or...more

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

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