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The buying and selling of companies has transitioned from an exit strategy to a survival technique.

The U.S. District Court for the Eastern District of Virginia recently dismissed a case that challenged the constitutionality of the certificate of need (CON) law in Virginia.

Many courts hold that corporations might waive their privilege protection through purely internal circulation of privileged communications — beyond those employees with a "need to know."

Courts frequently assess the attorney-client privilege implications of third parties participating in otherwise privileged communications.

Last week's Privilege Point noted that the work product doctrine applies only at certain times, and therefore offers a more limited protection than the attorney-client privilege.

In the first holding, the appellate court found that the district court had erroneously applied Federal Rule of Evidence 612.

On June 15, 2015, the U.S. Supreme Court declined to review a pair of petitions addressing the reach of the Foreign Trade Antitrust Improvements Act

On Feb. 2, 2012, the EU’s General Court confirmed that two parent companies in a 50/50 joint venture (JV) can be held liable and therefore fined for cartel activity carried out by the JV in the EU. The judgment relies on the long-established principle under EU competition law that when a parent holds "decisive influence" over a subsidiary, then the parent and the subsidiary are considered to be one entity.

On April 29, 2014, President Obama’s White House Task Force to Protect Students From Sexual Assault released its first report and launched a new website.

Under the joint defense/common interest doctrine, separately represented clients can avoid what otherwise would be a waiver when they and their lawyers share privileged communications in pursuing a common legal strategy.

Access to finance is essential to enhance the competitiveness and growth potential of small- and medium-size enterprises (SMEs).

The Small Business Administration (SBA) extended an invitation for all early-stage fund managers to apply for the Early Stage Small Business Investment Company (SBIC) program.

Over the last several months, the U.S. Senate Finance Committee, as part of its tax reform efforts, has issued bipartisan option papers containing reform proposals in all areas of the tax code.

On October 18, 2012, a class action lawsuit was filed in the Northern District of New York against Aspen Dental Management, Inc.

On Monday, Nov. 5, 2012, the Department of Justice (DOJ) announced that Freeman Health System (Freeman) in Joplin, Missouri, had agreed to pay $9.3 million to resolve allegations that it violated the False Claims Act and Stark Law by contracting with physicians to provide incentive pay based on referrals.

Defendants have long argued that Private Attorneys General Act (PAGA) claims can be unwieldy and that courts should strike such claims where individual issues...

In a Jan. 2014 interview with Law360, National Labor Relations Board (NLRB) Chairman Mark G. Pearce and Board Member Philip A. Miscimarra confirmed that the Board will continue its emphasis on social media cases.

A Pennsylvania class action alleging that gas producer Energy Corporation of America had improperly calculated royalty payments experienced a major setback last week when a Pennsylvania federal judge eliminated most of the claims brought by the class.