D&O Liability
May 27, 2009
Delaware courts have recently issued decisions that may impact the number and types of claims brought by shareholders of Delaware companies seeking to hold directors and officers personally liable under various claims, in particular in connection with the current economic crisis.
Hotline
April 27, 2009
Recent rulings of interest.
Changes Coming for Customer Personal Data
April 27, 2009
Nevada was the first state to enact a law requiring entities that transfer customer personal information outside of the secure system of the business through an electronic transmission (other than a facsimile) to use encryption. In late 2008, Massachusetts was the second state to pass such legislation; Michigan is considering similar legislation. This is an area to watch as other states could follow suit.
Voicemail, Web Conferences and Beyond
April 27, 2009
Corporate counsel must be able to master how audio files operate since they play a pivotal role within the recent court-created electronic data explosion that is electronically stored information ("ESI").
Employers Face High Stakes
April 27, 2009
With the number of layoffs increasing dramatically, it is no surprise that individual charges of discrimination are ballooning. What may be a surprise to employers, however, is that the EEOC needs only one complainant, or in some instances, a mere suspicion that a discriminatory pattern or practice is occurring, to initiate a company-wide investigation.
RICO
April 27, 2009
Smithfield Foods' precedent-setting civil racketeering suit against the United Food and Commercial Workers' Union (UFCW) and several related defendants spawned critically important legal precedent that blazes a new trail for employers who are in search of litigation options for responding to non-traditional union organizing methods.
Supreme Court Again Broadens Scope of Fair Employment Anti-Retaliation Provisions
April 27, 2009
The end of the Bush administration and the first six weeks of the Obama administration resulted in significant changes to key federal fair employment statutes.But there are also four U.S. Supreme Court decisions issued since June 2006, which have significantly expanded the scope of the anti-retaliation provisions ...
Q&A: Shareholder Activism and M&A Deals in the Current Market
March 30, 2009
Page Davidson is a member of the Transactional Corporate and Securities Practice of the Nashville-based firm Bass Berry & Sims PLC. In this interview, Mr. Davidson discusses the increased role that shareholder activists play in M&A deals, how corporate counsel can develop a productive working relationship with shareholder activists, and the current marketplace forces that have led to a chain of failed deals.
Cloud Computing
March 30, 2009
It would be hard to find an IT department of a large business that was not undertaking a "cloud computing" project or at least considering the idea. Here's a look at what it is and how it works.
