Arbitrating Against Non-Signatories
July 02, 2014
Arbitration is a creature of contract, made between consenting parties. As such, it is generally thought that those who have not signed an arbitration agreement cannot be compelled to arbitrate. While that is often the case, like most legal rules, it has its exceptions. The U.S. Court of Appeals for the Second Circuit has recognized five of them.
Quarterly State Compliance Review
July 02, 2014
This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect between May 1 and July 1, 2014 as well as some recent cases of note.
IP Due Diligence
July 02, 2014
Despite some significant hurdles, outside counsel can conduct a comprehensive due diligence analysis and deliver a sufficient result-driven analysis without disclosing any confidential information from the disclosing party.
Regulatory Matters Abound
July 02, 2014
American companies dealt with more regulatory and investigation matters in 2013 than in 2012, and the volume of labor and employment litigation matters outpaced contracts. Norton Rose Fulbright's 10th Annual Litigation Trends Survey revealed a notable gap between them.
Information Governance
July 02, 2014
The Judicial Conference Advisory Committee on the Civil Rules has proposed another round of Rules amendments. If enacted, the resulting package of amendments could affect most aspects of federal discovery practice and possibly decrease eDiscovery burdens and costs for courts, clients, and counsel alike.
Patent Litigation Fee-Shifting
July 02, 2014
In April, the Supreme Court reshaped the patent litigation landscape with two rulings, which serve as a warning to patent litigants to carefully consider their strategy before initiating continuing litigation under some circumstances.
Upcoming FLSA Changes: What Corporate Counsel Need to Know
June 02, 2014
The President recently directed the DOL to propose revisions to modernize and streamline existing overtime regulations under the Fair Labor Standards Act (FLSA). Employers and employment law practitioners are now analyzing what changes are likely to be proposed, and evaluating how those changes might impact the workplace and employment litigation.
First-Amendment Defenses Against Whistleblowers
June 02, 2014
The First Amendment prohibits restrictions on speech, including compelled speech. However, mandatory disclosures have long been the linchpin of several major regulatory schemes.
