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  • Article

    Legislative Update: Nearing The End Of The Road (for 2023)

    It's unnatural – 2023 saw a historic number of bills introduced, many of which we previously detailed but failed to proceed past the June House of Origin deadline.
    United StatesEmployment and HR
    Seyfarth Shaw LLP
    Seyfarth Shaw LLP
  • Article

    Supreme Court Holds That New York Convention Does Not Preclude Non-Signatories From Invoking State Law Principles To Compel Arbitration

    On June 1, 2020, the United States Supreme Court held that the New York Convention governing international arbitrations does not bar the application of domestic state law principles when...
    United StatesLitigation, Mediation & Arbitration
    Cleary Gottlieb Steen & Hamilton LLP
    Cleary Gottlieb Steen & Hamilton LLP
  • Article

    The Other Shoe Drops: Court Of Appeal Decision Narrows Use Of Employee Non-Solicitation Provisions In California

    It is well-established that restrictive covenants are prohibited by statute in California.
    United StatesIntellectual Property
    Littler Mendelson
    Littler Mendelson
  • Article

    Recent And Upcoming Legislation Impacting Employers In 2024

    Employers should make sure they're familiar with the wide range of California employment laws that go into effect next year.
    United StatesEmployment and HR
    Jeffer Mangels & Mitchell LLP
    Jeffer Mangels & Mitchell LLP
  • Article

    New Employment Laws And Requirements For 2024

    The California Legislature passed a number of important new laws in 2023 that will affect California employers generally.
    United StatesEmployment and HR
    Cox, Castle & Nicholson
    Cox, Castle & Nicholson
  • Article

    FCPA Declination Letters and Corporate Criminal Liability: What Can Be Learned From the U.S. Approach

    The Acting Assistant Attorney General for the Criminal Division of the U.S. Department of Justice (the "DOJ"), Kenneth Blanco, recently announced[1] that the DOJ's FCPA "Pilot Program" introduced in 2016 would remain in effect after the expiry of its initial of period of one year period on April 5, 2017.
    CanadaAntitrust/Competition Law
    McMillan LLP
    McMillan LLP
  • Article

    10 New California Employment Laws Employers Should Know For The New Year

    Governor Newsom recently signed a slew of new bills into law at the close of California's 2023 legislative session.
    United StatesEmployment and HR
    Fenwick
    Fenwick
  • Article

    Third Circuit Rules That Warn Act's "Unforeseeable Business Circumstances" Exception Requires That Layoffs Be Probable, Not Possible

    In Varela v. AE Liquidation, Inc. (In re AE Liquidation, Inc.), 866 F.3d 515 (3d Cir. 2017), the U.S. Court of Appeals for the Third Circuit became the sixth circuit court of appeals to rule...
    United StatesCorporate/Commercial Law
    Jones Day
    Jones Day
  • Article

    Third Circuit Rules That WARN Act's "Unforeseeable Business Circumstances" Exception Requires That Layoffs Be Probable, Not Possible

    In Varela v. AE Liquidation, Inc. (In re AE Liquidation, Inc.), 866 F.3d 515 (3d Cir. 2017), the U.S. Court of Appeals for the Third Circuit became the sixth circuit court of appeals to rule ...
    United StatesEmployment and HR
    Jones Day
    Jones Day
  • Article

    A General Counsel’s Guide To Avoiding "Obstruction Of Justice" Liability

    The successful prosecutions of Martha Stewart and Frank Quattrone highlight the increased risk corporate executives face from "obstruction of justice" and similar offenses.
    United StatesGovernment, Public Sector
    McDermott Will & Emery
    McDermott Will & Emery
  • Article

    Update On Trade Secret Law

    Despite the widespread adoption of the Uniform Trade Secrets Act, trade secret principles continue to develop primarily through the common law.
    United StatesIntellectual Property
    Morrison Foerster
    Morrison Foerster
  • Article

    Legislative Update: The End Of The Road (For 2023)

    While Governor Newsom vetoed several impactful bills prior to his October 14, 2023, signing deadline, he approved a wide array of new laws with which businesses will need to comply with in 2024 and beyond.
    United StatesEmployment and HR
    Seyfarth Shaw LLP
    Seyfarth Shaw LLP
  • Article

    Liquidating Chapter 11 Debtor Excused From Providing WARN Act Notification Of Employee Layoffs Due To Pandemic Natural Disaster

    Large employers intending to lay off a significant number of their employees are required by the Worker Adjustment and Retraining Notification Act of 1988 (the "WARN Act") to...
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Jones Day
    Jones Day
  • Article

    The Pit, The Pendulum, And The Legal Profession: Where Do We Stand After Five Years Of Sarbanes-Oxley

    In the direct aftermath of the corporate scandals that rocked the dawn of the Millennium (e.g., Enron, WorldCom, Adelphia, Tyco, etc.), a number of folks (mostly legal academics, some politicians, as well as a few others) believed that if only lawyers had somehow acted as better “gatekeepers” of the capital markets, the foregoing crises in capitalism could have been avoided.
    United StatesCorporate/Commercial Law
    Zuckerman Spaeder LLP
    Zuckerman Spaeder LLP
  • Article

    Noncompete Jurisprudence During The Recession

    Law360, New York (February 03, 2010) -- Discouraging anecdotes about unexpected layoffs and endless job searches are now commonplace on every train ride, in every grocery store line and at every dining table.
    United StatesEmployment and HR
    Morgan Lewis
    Morgan Lewis
  • Article

    Eleventh Circuit Adjudicates The Delegation Issue With Respect To "Class Arbitrability" No Differently Than For Bilateral Arbitration; But Who Is Bound?

    The U.S. Supreme Court has pointed out consistently in recent years that the relatively new construct of "class arbitration" is very different from your uncle's classic bilateral arbitration.
    United StatesLitigation, Mediation & Arbitration
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
  • Article

    Representing Media Clients and Their Employees in Newsgathering Cases: Traps for the Unwary

    United StatesMedia, Telecoms, IT, Entertainment
    Vinson & Elkins LLP
    Vinson & Elkins LLP
  • Article

    2006 Update on Transnational Antibribery Laws: The United States Foreign Corrupt Practices Act, International Conventions, and Recent Enforcement Actions

    Public corruption is a significant legal risk for any corporation doing business around the globe, particularly in developing and transition economies. Over the last 30 years, however, governments have taken great strides to reduce official corruption worldwide.
    United StatesCriminal Law
    Jones Day
    Jones Day
  • Article

    Ninth Circuit Indicates Restrictive Covenants In Collaborative Business-to-Business Agreements Can Escape Per Se Liability

    Few experts in the field of unfair competition law would disagree that the 2018 decision in AMN Healthcare, Inc. v. Aya Healthcare Services, Inc.,1 was a game changer in California, ...
    United StatesAntitrust/Competition Law
    Littler Mendelson
    Littler Mendelson
  • Article

    International Arbitration Laws And Regulations 2025 – USA

    The article examines how despite its size and complex dual federal and state legal system, the United States is a favorable forum for international arbitration.
    United StatesLitigation, Mediation & Arbitration
    Steptoe LLP
    Steptoe LLP

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