On April 30, 2011, the U.S. Supreme Court ruled in a 5-4 opinion in AT& T Mobility LLC v. Concepcion that California state law deeming class action waivers in arbitration agreements unenforceable in certain circumstances is preempted by the Federal Arbitration Act because it "stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress."

On Oct. 18, 2010, the U.S. Department of Justice, in a joint action with the Michigan attorney general, filed a civil antitrust action against Blue Cross Blue Shield of Michigan alleging that the insurer's use of most favored nation clauses has stifled competition and raised prices on healthcare services and insurance.

For hospitals and physicians, this article and this type of regulatory attention means renewed attention to assessing the antitrust aspects of consolidation efforts.

In Fisher v. University of Texas at Austin, regarding affirmative action in college admissions, the United States Supreme Court vacated a Fifth Circuit decision in favor of the University of Texas because the Fifth Circuit did not hold the University to the demanding burden of strict scrutiny.

Currently, furniture makers and retailers may opt to comply with voluntary stability and tip-over standards established by the American Society for Testing Materials (ASTM).

The pace over the past year of legislation and administrative and executive activity designed to reform the corporate governance landscape has been dizzying.

Abercrombie & Fitch has negotiated a settlement to a shareholder derivative suit alleging excessive CEO pay for up to $2.78 million in attorneys’ fees.

In July 2013, the SEC proposed significant changes affecting private offerings under Rule 506 of Regulation D, the most frequently used exemption from the registration requirements.

In July 2013, the SEC proposed significant changes affecting private offerings under Rule 506 of Regulation D, the most frequently used exemption from the registration requirements.

Courts have traditionally recognized what was called the "bright-line" test in assessing whether a corporate transaction conveyed the benefits of an attorney-client relationship (including the privilege).

The Carlyle Group’s recent settlement, reportedly $115 million, combines with earlier settlements by six other defendants for a total of nearly $600 million.

Two December 2011 court decisions interpreting Michigan law have challenged widely held expectations about the extent to which guarantors may be liable under so-called "bad boy" guarantees.

A new Conference Board report on proxy voting in 2014 reports a decline in shareholder proposals on executive compensation matters.

Many corporations and their lawyers assume that both the attorney-client privilege and the work product doctrine will protect communications and documents created during an internal corporate investigation, as long as a lawyer directs and supervises the investigation.

On December 3, 2024, the United States District Court for the Eastern District of Texas issued a nationwide preliminary injunction against enforcement...

Shareholders approved a higher percentage of non-binding "golden parachute" proposals in M&A deals in 2013 than in 2012, despite ISS’s increasing resistance to such proposals, according to this report in the WSJ from Monday.

Ampersand Capital Partners has announced its acquisition of Nektar Therapeutics' PEGylation reagent manufacturing business.

Cheetah Medical has announced it has raised $9 million in financing.

Some companies think a high TSR is a panacea against negative say-on-pay votes, but the Chipotle 2014 say-on-pay vote proves otherwise.

The annual ISS Benchmark Policy Survey has a significant portion devoted to executive compensation topics.