New York Law Journal | Analysis
By Angela Turturro | April 7, 2020
In this Special Report: "The Litigation Environment in the Vape Industry," "To Be, or Not To Be … Laches," "Delaware Supreme Court Upholds Forum Selection Clause Provisions for Securities Act Claims," "Class Action Waivers in FINRA Employee Arbitrations: Is a Circuit Split on the Horizon?" and "Defend Trade Secrets Act Goes International."
By David Carey | April 3, 2020
We may soon see a circuit split on the issue of class action waivers in FINRA employee arbitrations. In 2015, the Second Circuit held that FINRA firms may use class action waivers to bypass FINRA rule 13204 that allows employees to file judicial class actions. Parties recently argued the same issue to the Ninth Circuit. If the Ninth Circuit decides the issue differently or if another circuit voids class waivers, the Supreme Court may be asked to resolve the conflict.
By Renier P. Pierantoni | April 3, 2020
In view of the myriad ways lawyers misstate, misplace or, in some cases, mistakenly weaponize the doctrine of laches, a revisit and clarification of the doctrine is worthwhile.
By Keelin Kavanagh and Chris Gismondi | April 3, 2020
The industry should anticipate more lawsuits and investigations from attorneys general and local municipalities.
By Rollo Baker and Jesse Bernstein | April 3, 2020
The decision will likely stem the tide of securities class actions being filed in state court following the U.S. Supreme Court's decision in 'Cyan', and may serve as a roadmap for proponents of arbitration clauses for securities litigation in corporate charters.
By Milton Springut | April 3, 2020
Trade secret owners cannot completely depend on government action to protect their valuable rights. Private civil actions remain an important part of the trade secret owner's arsenal.
New York Law Journal | Analysis
By Angela Turturro | March 30, 2020
In this Special Report, "A Silver Lining for New York's Former Assembly Speaker," "Best Practices for Responding to Subpoenas That Conflict With Foreign Data Privacy Laws," "Compliance and Ethics Programs: The First Line of Defense for Public Companies" and "When Breaching a Contract Is More Than Just Breaking a Promise: Contours of Fraud Cases Affected by the Second Circuit's 'Countrywide' Decision."
By Patricia A. Pileggi and Brittany H. Sokoloff | March 27, 2020
Because evidence pertaining to certain counts failed to establish that Silver undertook official action on a specific question or matter, Silver's conviction on those counts was reversed.
By John J. Carney, William B. Waldie and Kayley Sullivan | March 27, 2020
In the wake of increased guidance from regulators, companies should expect much less sympathy when they fail to implement programs and policies according to that guidance.
By H. Gregory Baker, Rachel Maimin, Kathleen McGee, Alexandra Droz | March 27, 2020
Companies who do business in the United States and have documents located abroad must understand the potential conflicts between the broad extraterritorial discovery authorized by U.S. courts, and the major restrictions on the transferring of personal data in many foreign countries.
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