The SEC was within its right to roll back proxy adviser rules adopted during the prior Administration. The SEC's 2022 rescission of proxy rules adopted in 2020 was within “the bounds of reasoned decis...
By cutting off negotiations with an employer over a successor contract, a union failed and refused to bargain in good faith in violation of Section 8(b)(3). Because a union gave timely written notice forestalling the automatic renewal of a collective bargaining agreement, a three-member panel of the NLRB ruled that it violated Section 8(b)(3) of the NLRA when it refused to meet and bargain with an employer over a successor CBA. The Board observed that the stipulated record contained multiple…
Among other deficiencies, the Division found some firms failed to learn from their own past experiences with identity theft, leaving customers vulnerable. In a new Risk Alert, the Division of Examinations highlighted observations from examinations of investment advisers and broker-dealers relating to identity theft and compliance with Regulation S-ID. The Division found basic deficiencies including failure to adequately design programs, identify covered accounts, and assess risk, among other…
Several significant cybersecurity provisions that had been teed up for inclusion in the fiscal year 2023 National Defense Authorization Act (NDAA) have apparently been cut as the House and Senate race to adopt the NDAA by year-end. The development of the NDAA this year has followed a different path from years past. The House adopted its version of the NDAA, HR 7900, over the summer, but the Senate version, S 4543, has not reached the Senate floor after clearing the Senate Armed Services…
The question presented in U.S. ex rel. Polansky v. Executive Health Resources, Inc. is whether the government has authority to dismiss a False Claims Act suit after initially declining to proceed with the action and, if so, what standard applies. During oral arguments in U.S. ex rel. Polansky v. Executive Health Resources, Inc. , Supreme Court justices seemed inclined to allow the federal government to dismiss a False Claims Act (FCA) case after initially declining to proceed. However, the…
A hearing discussed progress towards full economic inclusion for all in the financial services industry. A subcommittee of the House Committee on Financial Services, focused on Diversity and Inclusion, held a hearing entitled, “Unfinished Business: A Review of Progress Made and a Plan to Achieve Full Economic Inclusion for Every American” on Tuesday, Dec. 6, 2022, the focus of which was to review progress towards full economic inclusion for all in the financial services industry and capital…
District court’s dismissal of facial constitutional claims was not ripe for review and its rejection of pre-enforcement injunctions based on as-applied challenges was proper. The U.S. Court of Appeals for the District of Columbia has declined to upset a district court’s decision dismissing a computer science professor and an inventor’s request for a declaration that the anticircumvention and antitrafficking provisions of the Digital Millennium Copyright Act violate the First Amendment. The…
Harm to a single customer does not, by itself, constitute harm to the competitive process unless the plaintiff shows that the defendant’s conduct adversely affected competition in the relevant market. The U.S. Court of Appeals in San Francisco entered two separate opinions on the same day disposing of the antitrust suit filed by online stock image supplier, Dreamstime, LLC (Dreamstime), against Google LLC (Google). The first opinion affirmed dismissal of an antitrust claim and the second…
A lower court properly applied nonmutual offensive collateral estoppel against the product manufacturer to grant judgment to an individual injured by the company’s chemical discharges. In an action brought against a product manufacturer by a man who developed testicular cancer allegedly due to exposure to carcinogenic chemicals discharged by the company, the U.S. Court of Appeals for the Sixth Circuit affirmed a district court’s decision to apply collateral estoppel to specific issues that…
The conservative Justices seemed to favor the wedding announcement website designer, who believes the Colorado Anti-Discrimination Act unlawfully requires her to “create and speak messages that violate her conscience.” On December 5, the Justices heard argument that, depending on how you frame it, is either about a Colorado website designer being forced to speak a message contradicting her religious convictions, or about ensuring that businesses sell products and services to everyone…
Reductions in force bring considerable risks with significant consequences, placing them among the most critical actions employers take. An unfortunate result of the current state of economic uncertainty is that many employers hav...
Workplace holiday parties present numerous sources of potential legal liability that employers can seek to minimize. Holiday parties can be a fun way to show appreciation to employees for dedication and hard work. But they can als...
The latest C&DIs on proxies address a range of issues, including noncompliance with advance notice bylaws, dissident shareholder litigation, and reliance on the registrant’s proxy card. For the second time in four months, the SEC’...
The report alleges BlackRock, State Street and Vanguard are using shareholder voting power to advance ESG and DEI principles. The U.S. Senate Committee on Banking, Housing, and Urban Affairs’ Republican staff members Tuesday relea...
The California Privacy Protection Agency (CPPA) has released the agenda for its Dec. 16 board meeting. Items on the agenda include an update from CPPA Executive Director Ashkan Soltani, a review of agency budget and legislative po...
The Court of Justice of the European Union (CJEU) today denied WhatsApp Ireland Ltd.'s request to annul the European Data Protection Board's (EDPB) 225 million euro ($237 million) fine against the company for failing to meet trans...
Consumer failed to state a cause of action under either the “unlawful” or “unfair” provisions of the California Unfair Competition Law (UCL) where her alleged injury was not cognizable because her assumptions did not result from a...
Products liability action arising from latent exposure to medical device was time-barred as the limitations period began to accrue from the date of discovery of the injury and not from the date of discovery of the cause of the inj...
The threshold for reporting data on closed-end mortgage loans is now the threshold established by the 2015 HMDA Final Rule, rather than the one set by the 2020 Rule, which was partially vacated in September by a federal district c...
The Bureau’s recommendations to increase servicemembers’ utilization rate include getting financial institutions to apply rate reductions they request for a single account across all their accounts and exploring ways to apply the ...
Delaware court joins Ninth Circuit in rejecting Second Circuit rule. A medical device manufacturer would have been entitled to copyright infringement damages going back to the beginning if it had filed its lawsuit within three yea...
Claims based on use of NFTs by a licensee were dismissed because they properly sounded in contract, not copyright law. A designer of copyright protected non-fungible tokens (NFTs) failed to state a copyright claim against business...
Order requires cigarette manufacturers to post signs in retail stores featuring corrective statements about the health effects and addictiveness of smoking. The Justice Department, together with the U.S. Department of Health and H...
The plain language of the governing Ohio statute did not entitle the franchisees to the information. The U.S. District Court in Cleveland, Ohio has denied six plaintiff Ford motor vehicle dealerships a declaration that their franc...
Dealers will replace the fuel tank assembly, free of charge. Polaris Industries Inc., of Medina, Minnesota, is recalling about 600 Model Year 2021-2022 RZR Pro XP 4 recreational off-road vehicles because a fuel leak can occur at t...
Consumers should stop using the recalled unicycles immediately and contact the firm for a free replacement battery pack. eWheels LLC, of Tucson, Arizona, is recalling around 500 Gotway and Begode unicycles because the lithium-ion ...