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EEOC Issues Proposed Guidance on Retaliation Claims Image

EEOC Issues Proposed Guidance on Retaliation Claims

Robert G. Brody & Katherine M. Bogard

The EEOC is almost ready to issue its guidance on retaliation claims. Given the magnitude of these claims, such guidance is overdue. Here's what to expect.

Features

The First Five Years of the SEC Whistleblower Program Image

The First Five Years of the SEC Whistleblower Program

Stephanie Korenman & Aegis J. Frumento

We mark the fifth anniversary of the Whistleblower program with this two-part retrospective. This month, we take a broad look at how the program intakes tips from Whistleblowers and what the SEC does with them. Next month, we will look more closely at the program's track record in issuing awards.

Features

EU-U.S. Privacy Shield Finalized Image

EU-U.S. Privacy Shield Finalized

Jonathan Armstrong & Andre Bywater

The European Commission concluded more than six months of negotiations both within the EU institutions and with the U.S. on July 12 with the announcement that an agreement had been reached on the Privacy Shield scheme to transfer data from the EU to the U.S.

Columns & Departments

Real Property Law Image

Real Property Law

Analysis and discussion of recently decided cases.

The User-Friendly Proxy Statement Image

The User-Friendly Proxy Statement

Robert B. Lamm

Attention, public companies: While your proxy statement is likely your most read disclosure document, its readership is spotty. Your retail owners and employees likely focus on some of the compensation information, but little else. Here's how to fix the problem.

Features

Electronic Discovery: A Level Playing Field? Image

Electronic Discovery: A Level Playing Field?

James H. Rotondo & Sunita Paknikar

Courts have sanctioned corporate defendants for years for failure to produce or preserve electronically stored information (ESI). There have been, however, a few decisions in which courts have imposed sanctions or other penalties on plaintiffs who destroyed ESI. The misconduct giving rise to sanctions has varied from fraud and bad faith to inadvertence.

Relativity, Netflix Battle Involves Interplay Between Bankruptcy and Streaming License Image

Relativity, Netflix Battle Involves Interplay Between Bankruptcy and Streaming License

Francis J. Lawall & Lesley S. Welwarth

Entertainment companies be forewarned: Unlike standard civil litigation, a single bankruptcy proceeding can often include multiple seemingly unrelated adjudications that, in hindsight, have a much greater subsequent impact than an unsuspecting litigant might expect.

The Internet Is Not a Consequence-Free Zone Image

The Internet Is Not a Consequence-Free Zone

Hajir Ardebili & Jamie Zagoria

The ability to create, share, and misappropriate content ' all in an instant ' on social media has radically increased the number of unwitting copyright owners and infringers. Those who publish their musings, photographs, videos via Twitter, Facebook, Instagram or YouTube, for example, do not necessarily know that their content may be protected by copyright law. By the same token, those who make use of others' content typically give little thought to whether their actions constitute copyright infringement.

Leasing Office Space and the Impact of Millennials Image

Leasing Office Space and the Impact of Millennials

Elizabeth Cooper, Chris Murray & Frank Mobilio

With 80% of the buildings that will be here in 2030 already in existence, what should you be looking for when you sign a long-term lease?

Features

Standing the Test of 'Time Is of the Essence' Image

Standing the Test of 'Time Is of the Essence'

Eric Rubenstein & John Chillemi

Real estate purchase and sale contracts have included the magic language, "Time is of the Essence" (TOE), seemingly since time immemorial. Practitioners should be mindful, however, of the meaning of TOE and the significance of its absence from a contract.

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