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On Jan. 5, the Third Circuit issued a decision answering the question of whether language in an arbitration clause referencing "the rules of the American Arbitration Association" was sufficient to rebut the presumption that the court, not the arbitrator, decided whether a class action arbitration was agreed to by the parties.
Features
On Sept. 9, 2015, Excellus BlueCross BlueShield announced a data breach that compromised about 10.5 million people's personal information, including Social Security numbers and medical and financial information. Excellus discovered the data breach during an investigation of its computer system. The breach had occurred on Dec. 23, 2013. A class action has already been filed, and Excellus is cooperating with the FBI.
Features
Long accepted in Delaware (and in courts throughout the country), "disclosure-only" settlements were common in lawsuits brought by stockholders of a corporation sold in an M&A transaction. These lawsuits alleged that directors of the seller breached their fiduciary duties in connection with the sale price and process, and through allegedly deficient proxy materials provided to stockholders in connection with their vote on the deal. In disclosure-only settlements, the seller would agree to provide additional disclosures in advance of the stockholder vote on the transaction.
Columns & Departments
Bankruptcy Examiner Issues Report on Interest Conflicts of Caesars' Lawyers
Features
A recent federal lawsuit could change the way employers need to structure their employment policies and procedures as they impact transgender employers under the Americans with Disabilities Act (ADA).
Tasked with formulating a legal definition of "hard-core pornography" in 1964, U.S. Supreme Court Justice Potter Stewart demurred with the famous observation "I know it when I see it." Fifty years later, intellectual property lawyers might be forgiven for falling back on some similar formulation when asked to advise their clients on copyright infringement.
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After a long gestation, the EU trademark package entered force on March 23, 2016. It's intended to streamline the trademark application process and will be the largest reform to EU trademark law in 20 years. Here's a summary of the major revisions the entertainment industry should be aware for dealing with any trademark issues in Europe.
Features
A recent federal lawsuit could change the way employers need to structure their employment policies and procedures as they impact transgender employers under the Americans with Disabilities Act (ADA).
Features
Connecticut attorneys who would like to add guardian ad litem work to their practices need to undergo training first, but the state hasn't offered it in over two years and no new training sessions are scheduled.
Features
Although a supervisor's discriminatory animus creates a multitude of issues for an employer, it does not, in and of itself, create liability where the supervisor is not the termination decision-maker. Here is a look at a recent case.
