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First published by ABA Antitrust Connect, Sept. 19, 2019
This ABA Women in Antitrust spotlight features Alanna Rutherford, Vice President in charge of Global Litigation & Competition at Visa.
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V&E CFIUS Update, September 20, 2019
On Tuesday, September 17, 2019, the U.S. Department of the Treasury, which chairs the Committee on Foreign Investment in the United States (“CFIUS”), released long-anticipated proposed regulations to implement key elements of the CFIUS reform law, the Foreign Investment Risk Review Modernization Act of 2018 (“FIRRMA”).
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Managing the Modern Workplace, September 19, 2019
Last Wednesday, the
California legislature passed bill AB 5, a sweeping measure sure to impact the
“gig economy” and any business that likens itself the “Uber of _____.” If signed into law (and the governor has
already signaled his intention to sign it), AB 5 would require many companies
to re-classify as “employees” many workers who are currently classified as independent
contractors, so long as they satisfy certain criteria.
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Last Wednesday, the California legislature passed bill AB 5, a sweeping measure sure to impact the “gig economy” and any business that likens itself the “Uber of _____.”
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On September 12, Deputy Assistant Attorney General Miner announced in a speech that the DOJ Criminal Division will consider issuing prosecutorial guidance on how to evaluate companies’ claims that they are unable to pay large criminal fines.
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Is an investment a “security” under the federal securities laws if it is made in part for reasons unrelated to investment returns? And can someone who facilitates the investment be liable for securities fraud?
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V&E Foreign Corrupt Practices Act Update, September 18, 2019
A federal judge in New York has found that certain investors were “victims” in a high-profile FCPA case that the government settled almost three years ago with Och-Ziff, a publicly traded hedge fund.
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Managing the Modern Workplace, September 18, 2019
With the California legislature’s passage of Assembly Bill 5
on September 11, 2019, which sharply restrains businesses’ use of independent
contractors, California businesses welcomed some good news last week from the
California Supreme Court with respect to wage and hour claims and agreements to
arbitrate in ZB, N.A., et al. v. Superior
Court (Lawson) (September 12, 2019).
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V&E IP Insights, September 17, 2019
In Curver Luxembourg SARL v. Home Expressions Inc., the Federal Circuit held – for the first time – that a design patent’s claim language may limit the patent scope even when the article identified in the claim wording is not shown in the figures.
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Managing the Modern Workplace, September 13, 2019
One of the biggest complaints that you will hear from employers with unionized workforces is that it is so difficult to implement minor policy changes during the term of a collectively bargained contract.
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On September 4, a federal jury took only a few hours to return a verdict of “not guilty” for Washington, D.C. attorney and former White House Counsel Greg Craig in a high-profile trial brought by the Department of Justice’s Foreign Agents Registration Act (“FARA”) Unit and federal prosecutors from the U.S. Attorney’s Office for the District of Columbia.
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In June, the Task Force on Climate-Related Financial Disclosure (“TCFD”) issued a status report to provide an overview of current disclosure practices as they relate to the TCFD 2017 recommendations.
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Managing the Modern Workplace, September 10, 2019
Late last month, I wrote about how an employer balances its property rights against the rights of employees of third parties working on their worksite. The key takeaway from that blog post was that every employer needs to think about certain property-related issues if one of its contractors were to have a labor dispute with its employees.
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The V&E Report, September 9, 2019
At a time when the federal government is stepping up its enforcement of federal trade secret law in an effort to safeguard American intellectual property from national security threats from China and elsewhere, the recent criminal indictment of former Google and Uber executive Anthony Levandowski underscores the potential criminal specter that looms over civil trade secret disputes.
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Managing the Modern Workplace, September 6, 2019
For U.S. public corporations, the interests of shareholders are paramount. The legal and practical reasons for this norm are complex, but today, most U.S. public corporations and the organizations that represent them would say that a corporation exists primarily to serve its shareholders.
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V&E Antitrust Update, September 5, 2019
Government contractors take heed: the Department of Justice Antitrust Division (the “Division”) is prioritizing investigations of criminal antitrust violations in the public procurement process.
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V&E Corporate Governance Update, September 5, 2019
In mid-August, the Business Roundtable released a new Statement on the Purpose of a Corporation, signed 181 CEOs of the top U.S. companies, including the likes of Jeff Bezos, Larry Fink, Lachlan Murdoch and Jamie Dimon.
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Managing the Modern Workplace, September 4, 2019
More often than not, when employers make a decision to terminate someone, multiple factors influenced the decision.
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Environmental Blog
The Department of Justice (“DOJ”) will no longer use Supplemental Environmental Projects (“SEPs”) in settlements with states and municipalities as a result of a policy change announced August 21, 2019.1 The change follows a series of steps taken since 2017 curtailing SEPs.
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V&E Antitrust Update, September 3, 2019
The D.C. Circuit is the latest appellate court to weigh in on one of the most important issues in class certification under Rule 23(b)(3): whether a damages class meets the predominance requirement, and thus whether the class can be certified, if it contains class members uninjured by the alleged conduct.
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