ArticleLegislative 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 HRSeyfarth Shaw LLP
ArticleSupreme Court Holds That New York Convention Does Not Preclude Non-Signatories From Invoking State Law Principles To Compel ArbitrationOn 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 & ArbitrationCleary Gottlieb Steen & Hamilton LLP
ArticleThe Other Shoe Drops: Court Of Appeal Decision Narrows Use Of Employee Non-Solicitation Provisions In CaliforniaIt is well-established that restrictive covenants are prohibited by statute in California.United StatesIntellectual PropertyLittler Mendelson
ArticleRecent And Upcoming Legislation Impacting Employers In 2024Employers should make sure they're familiar with the wide range of California employment laws that go into effect next year.United StatesEmployment and HRJeffer Mangels & Mitchell LLP
ArticleNew Employment Laws And Requirements For 2024The California Legislature passed a number of important new laws in 2023 that will affect California employers generally.United StatesEmployment and HRCox, Castle & Nicholson
ArticleFCPA Declination Letters and Corporate Criminal Liability: What Can Be Learned From the U.S. ApproachThe 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 LawMcMillan LLP
Article10 New California Employment Laws Employers Should Know For The New YearGovernor Newsom recently signed a slew of new bills into law at the close of California's 2023 legislative session. United StatesEmployment and HRFenwick
ArticleThird Circuit Rules That Warn Act's "Unforeseeable Business Circumstances" Exception Requires That Layoffs Be Probable, Not PossibleIn 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 LawJones Day
ArticleThird Circuit Rules That WARN Act's "Unforeseeable Business Circumstances" Exception Requires That Layoffs Be Probable, Not PossibleIn 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 HRJones Day
ArticleA General Counsel’s Guide To Avoiding "Obstruction Of Justice" LiabilityThe 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 SectorMcDermott Will & Emery
ArticleUpdate On Trade Secret LawDespite the widespread adoption of the Uniform Trade Secrets Act, trade secret principles continue to develop primarily through the common law. United StatesIntellectual PropertyMorrison Foerster
ArticleLegislative 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 HRSeyfarth Shaw LLP
ArticleLiquidating Chapter 11 Debtor Excused From Providing WARN Act Notification Of Employee Layoffs Due To Pandemic Natural DisasterLarge 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-StructuringJones Day
ArticleThe Pit, The Pendulum, And The Legal Profession: Where Do We Stand After Five Years Of Sarbanes-OxleyIn 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 LawZuckerman Spaeder LLP
ArticleNoncompete Jurisprudence During The RecessionLaw360, 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 HRMorgan Lewis
ArticleEleventh 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 & ArbitrationMintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
ArticleRepresenting Media Clients and Their Employees in Newsgathering Cases: Traps for the UnwaryUnited StatesMedia, Telecoms, IT, EntertainmentVinson & Elkins LLP
Article2006 Update on Transnational Antibribery Laws: The United States Foreign Corrupt Practices Act, International Conventions, and Recent Enforcement ActionsPublic 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 LawJones Day
ArticleNinth Circuit Indicates Restrictive Covenants In Collaborative Business-to-Business Agreements Can Escape Per Se LiabilityFew 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 LawLittler Mendelson
ArticleInternational Arbitration Laws And Regulations 2025 – USAThe 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 & ArbitrationSteptoe LLP