• NAFTA Renegotiation: Fourth Round

    November 02, 2017 |

    Difficulty Making Headway on Thorny Issues

    As the fourth round of the renegotiation of the North American Free Trade Agreement (NAFTA) with Canada and Mexico drew to a close on Oct.17, the parties opted to push back the starting date of the fifth round until mid-November to allow the negotiators more time to work on the most controversial issues that remain to be addressed. This article explains the issues.

  • Effective Internal Investigations

    November 02, 2017 |

    A Checklist for In-House Counsel

    Every general counsel over the course of his or her career will face the need to conduct an internal investigation into events at the company. Many of these may be routine in nature, such as matters dealing with individual employees or human resources issues. But at times, the company may be required to examine issues affecting the core of its business, with potential serious impact on its financial performance or with regulatory exposure.

  • Emergency Shutdowns and Employee Compensation

    November 02, 2017 |

    In the face of weather and other emergencies, how do you handle pay for shutdowns in the middle of a day, extended company closings, and planned or unplanned late openings?

  • The Privacy Shield Scheme: Should Your Company Join?

    November 02, 2017 |

    The purpose of this article is to shed some light on the EU-US Privacy Shield for business. This is vital in order to enable businesses to make an informed decision on whether or not to join this scheme.

  • Preventing Insider Trading at Biopharma Companies

    November 02, 2017 |

    Biopharma companies and their insiders often possess material, nonpublic information. And since company equity usually makes up a large part of insiders' compensation, legal issues arise when they have access to such information and want to trade their equity.

  • The Dark Web

    November 02, 2017 |

    The goals of this article are: 1) to provide a basic outline of the structure of the Web and to provide some insight into the purpose for and content housed on each level; and 2) to give some practical tips on preventing your company's data from ending up on the Dark Web.

  • DE Supreme Court Clarifies Role of Deal Price In Appraisal Fair Value Determination

    October 02, 2017 |

    Corporate practitioners have been closely following developments in Delaware's shareholder appraisal litigation. Much of the interest concerns the court's "fair value" determination and the risk that an acquiring company will have to pay appraisal petitioners more than the merger deal price. In a much-anticipated decision, the Delaware Supreme Court provides valuable guidance about the relative importance of the deal price in the court's adjudication of the "fair value" of a petitioner's shares.

  • Update: Stage Now Set for DOL to Adopt More Modest Salary Level for Overtime Exemptions

    October 02, 2017 |

    In his final ruling, Judge Mazzant clarified that he was not questioning the DOL's authority to adopt a salary level test as part of the overtime exemptions. Rather, Judge Mazzant explained that the Obama-era DOL had gone too far in adopting a salary level so high as to become the "de-facto" test for meeting the overtime exemptions.

  • Delaware Dethroned

    October 02, 2017 |

    South Dakota Now Top Corporate Lawsuit Venue

    South Dakota has replaced Delaware as the No. 1 choice of in-house counsel and business executives for handling corporate lawsuits, according to a new report from the U.S. Chamber of Commerce's Institute for Legal Reform.

  • Arizona's New Paid Sick Leave Law

    October 02, 2017 |

    As of July 1, 2017 all employers in Arizona are now required to provide employees with paid sick leave as directed by a new law, the Fair Wages and Healthy Families Act. The law dictates how employers must implement the new rules — from when the benefits begin to accrue to when they pay out, and what fines will be imposed for non-compliance.

  • Internal Whistleblowers

    October 02, 2017 |

    SCOTUS Review of Dodd-Frank to Change the Landscape

    On June 26, 2017, the Supreme Court granted certiorari in Digital Realty Trust Inc. v. Somers to review a Ninth Circuit decision regarding SEC whistleblowing protections. The Court's ruling is highly anticipated, as it will clarify the landscape for whistleblower protections.