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When a corporation finds itself in troubled financial waters, litigation by shareholders and creditors often follows. Increasingly, such litigation takes the form of a class action suit commenced against the company, followed closely by a derivative action against the directors and officers. This may lead to significant ethics challenges for the attorneys involved.
Columns & Departments
Fair Use of Abbott and Costello "Who's on First?" Comedy Routine<br>Voice Sample in Beyonc' Hit Didn't Violate Plaintiff's Right of Publicity
Features
On Oct. 30, 2015, the SEC issued new regulations to complete its work for implementing the sections of the JOBS Act that, for the first time, permit use of the Internet to raise equity financing. These latest regulations are scheduled to go into effect on May 16, 2016.
Features
It used to be that fantasy sports had to be a season-long commitment. But some people (either on their own or at the urging of their significant others) did not want to take on that type of time commitment or incur the cost of competing in a full-season league. Enter daily fantasy sports (DFS), which has given sports fans a more efficient outlet to achieve the fantasy adrenaline rush .
Features
Last summer, the National Labor Relations Board (NLRB) reversed over 30 years of precedent and adopted a new, more expansive and ambiguous standard for determining joint employer status. The new standard promises to entangle businesses with only tenuous links to another employer's workforce in a morass of collective-bargaining obligations and unfair labor practice liability for workforces over which they exercise no actual control.
Features
Data is an increasingly valuable corporate asset that must be managed competently, efficiently and responsibly in order for a company to be well-positioned to thrive in a connected and data driven economy. Governing of the organization's data must be a priority for 2016. Organizations that don't put proactive systems in place now may find themselves a distant memory from the dawn of the age of the Internet of Things (IoT) for a whole host of reasons.
Features
This past summer, the NLRB reversed over 30 years of precedent and adopted a new, more expansive and ambiguous standard for determining joint employer status. The new standard promises to entangle businesses with only tenuous links to another employer's workforce in a morass of collective-bargaining obligations and unfair labor practice liability for workforces over which they exercise no actual control.
Features
In <i>ClearCorrect Operating, LLC v. ITC,</i> the Federal Circuit limited the ITC's jurisdiction over digital commerce. In a 2-1 decision, the panel held that the ITC lacks authority to regulate digital imports.
This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect on Jan. 1, 2016. It also looks at some recent decisions from the courts of Delaware, Minnesota and Texas.
By now, most are familiar with the Affordable Care Act's "play or pay" mandate. However, many employers are not as familiar with the Act's related whistleblower protections ' an additional source of risk for the unwary.
