Features
Mission Impossible? Addressing WARN Act Liability in Liquidating Mid-Market Cases
this issue of WARN Act liability giving rise to significant administrative or priority claim risk is unique to bankruptcy.However, assuming that, for other reasons, a bankruptcy case is the best path for your client, what can you do to mitigate the risk?
Features
Insider Trading Liability for Liability Based on Tips from Family
When the Supreme Court last year agreed to hear the defendant's appeal in <i>United States v. Salman,</i> it raised expectations in some quarters that it might significantly change insider trading law by curtailing liability for trading on tips from family members. But when it issued its opinion in December, it disappointed those expectations by unanimously reaffirming liability for trading on family tips, even where the tipper receives no monetary gain.
Features
Building Your Medical Liability Risk Management Program
One major medical malpractice suit can financially ruin an unprepared physician, hospital or medical practice. Since doctors, hospitals and other health care professionals risk lawsuits, they obviously need insurance to cover this contingency. Medical professionals, known for a thorough, methodical and scientific orientation, should have exacting protocols when shopping for medical malpractice insurance.<p><b><i>Part One of a Two-Part Article</b></i>
Features
Practical Approaches to the EU-US Privacy Shield
This article discusses the corporate impact of the EU-US Privacy Shield and practical approaches to managing global corporate data in the wake of <i>Schrems</i>.
Features
In Light of Recent FTC Actions, Review Your Privacy Policy
The United States does not have comprehensive legislation addressing the privacy implications of the collection and use of geolocation data. However, the Federal Trade Commission (FTC) has used its enforcement authority under Section 5 of the FTC Act to regulate companies engaged in unfair or deceptive practices involving geolocation data.
Features
Did the New Cause Of Action for Job Applicants Under the ADEA Get Axed?
In <i>Villarreal v. R.J. Reynolds Tobacco Co.,</i> the Eleventh Circuit concluded that Section 4(a)(2) of the Age Discrimination in Employment Act (ADEA) does not allow job applicants to assert claims of disparate impact against a potential employer.
Features
Design Patent Damage Awards
<b><i>Rotten for Apple</b></i><p>On Dec. 6, 2017, the United States Supreme Court, hearing its first design patent case in over 120 years, unanimously threw away a $400 million award that Apple won against Samsung Electronics. In doing so, the justices interpreted an 1887 statute providing that it is unlawful to manufacture or sell an "article of manufacture" that a patented design or colorable imitation has been applied.
Features
HVCRE Regulations
<b><i>Greater Clarity Needed</b></i><p>The new HVCRE rules require banks to assign a 150% risk weight to any HVCRE exposure (up from the 100% risk weight assigned under general risk-based capital rules) and cover all acquisition, development or construction (ADC) loans unless an exception applies.
Features
General Counsel Pay Just Keeps Rising
Compensation for in-house counsel is up across the board, ranging from 3.7% to as much as 6% at some general counsel and expert counsel levels, according to recently released data from HBR Consulting's 2016 Law Department Survey.
Columns & Departments
Verdicts
What will happen to the Affordable Care Act now that President-Elect Trump has vowed to abolish it?
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