Perkins Coie business litigators understand the value of avoiding or preventing a fight and have the tools and first-chair experience to win if negotiations fail. Our business-minded, client-centric litigation services are comprehensive in these areas:
Publications
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12.20.2023FINRA’s In-House Courts Facing Challenges, Jarkesy Ripple EffectIn a commentary for Bloomberg Law, Rachel Mechanic and Daniel Zinman explain how FINRA's in-house tribunal system is defending constitutional challenges and may also have to navigate repercussions from a Supreme Court securities case.
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12.18.2023Gatekeepers Beware: The New US Corporate Transparency Act Could Be a Game-ChangerIn a Financial Times op-ed, Jamie Schafer explains how the U.S. Corporate Transparency Act will require certain corporations, limited liability companies and similar entities to report beneficial ownership information to the Treasury Department for the first time and how the most important aspect of the new law seeks to dismantle the infrastructure that enables money laundering and other related financial crimes.
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10.13.2023Updated Language to Federal Rule of Evidence 702: What Litigators Should KnowUpdatesFederal Rule of Evidence 702, which governs expert testimony in federal court, is getting a facelift. The amended FRE 702 goes into effect later this year. In this Update, we review what has changed, as well as takeaways for litigants looking to introduce expert testimony in federal courts.
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09.25.2023Another Court Rejects a Company’s Attempt To Avoid Mass-Arbitration FeesUpdatesThe U.S. District Court for the Northern District of Illinois is the latest court to require a company to pay millions of dollars in fees to adjudicate mass arbitrations. Judge Harry D. Leinenweber compelled Samsung Electronics America, Inc., and Samsung Electronics, Co., Ltd. to arbitrate according to Samsung’s Terms & Conditions and ordered Samsung to pay over $4 million in initial fees to the American Arbitration Association before the merits of any individual claims are considered.
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08.15.2023David Perez, Aaron Ver, and Jake Dean Article for The Am Law Litigation Daily—3 Keys to Successfully Litigating Alter Ego ClaimsArticlesFew things are as American as apple pie, baseball, or creating a corporate subsidiary to limit liability and risk. Just as pies and baseball are governed by recipes and rules, respectively, establishing or piercing a corporate veil works much the same.
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07.05.2023Seven Pressing Questions Following the Supreme Court’s Admissions DecisionUpdatesOn June 29, 2023, the Supreme Court issued its landmark decision in two cases challenging universities’ consideration of race as a factor in student admissions: Students for Fair Admissions v. President and Fellows of Harvard College; and Students for Fair Admissions v. University of North Carolina.
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06.27.2023Supreme Court Requires Stay Pending Appeal of Arbitration DenialUpdatesOn June 23, the U.S. Supreme Court held that federal district courts must stay all proceedings pending appellate review of an order denying a motion to compel arbitration.
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02.28.2023NLRB Rules Employee Severance Agreement With Overbroad Confidentiality and Nondisparagement Provisions Violates NLRAUpdatesIn a recent ruling, the National Labor Relations Board found an employer violated the National Labor Relations Act when it offered furloughed employees a severance agreement that included overbroad nondisparagement and confidentiality provisions.
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02.13.2023New CMS Rule Requires Extrapolation of Medicare Advantage RADV Audit FindingsUpdates
The Centers for Medicare and Medicaid Services has codified regulatory changes to its Medicare Advantage Risk Adjustment Data Validation audit program of risk adjustments submitted by Medicare Advantage Organizations. Most significantly, CMS will begin applying contract-level extrapolation to its RADV audit findings beginning with audits of calendar year 2018, which will significantly increase MAO exposure based upon alleged overpayment findings.
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02.10.2023The Number of False Claims Act Cases Reaches Record High, But DOJ’s Recoveries Drop to $2.2 Billion in Fiscal Year 2022Updates
The U.S. Department of Justice obtained more than $2.2 billion in civil False Claims Act judgments and settlements in fiscal year 2022, the lowest such annual total since 2008 and a significant drop from a jump in FCA recoveries in the prior year. But the DOJ’s announcement of its FY 2022 FYA recoveries also discloses that the DOJ is increasingly bringing FCA cases on its own, and the total number of settlements and judgments in FCA matters increased to near-record highs in FY 2022, signaling a robust enforcement climate ahead.
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02.02.2023New Legislation Affects Antitrust Venue and Foreign Subsidy DisclosuresUpdatesThe new Consolidated Appropriations Act, 2023 includes the Merger Filing Fee Modernization Act of 2022, which amends the amounts and tiers for Hart-Scott-Rodino Antitrust Improvements Act of 1976 filing fees as discussed in a prior Update. It also includes two important amendments to antitrust laws.
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10.13.2022The District of Columbia Implements a Modified Ban on Non-Compete ProvisionsUpdatesAfter more than a year of delays and revisions, the long awaited Ban on Non-Compete Agreements Amendment Act of 2020 (the Act) took effect beginning October 1, 2022, following the passage of the Non-Compete Clarification Amendment Act of 2022.
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Mastering the “New Normal” in Jury TrialsPodcastsSeasoned trial attorneys Alan Howard and Ed Baum explore how the courts and attorneys are adapting to the still-evolving “new normal” of jury trials conducted under pandemic-driven constraints, and the future for remotely conducted proceedings post-pandemic.
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06.07.2022Forthcoming Disclosure and Security Requirements for Institutions Hosting Federally Funded ResearchUpdatesNational Security Presidential Memorandum-33 and implementation guidance from the National Science and Technology Council direct federal agencies to standardize and enhance disclosure and security requirements that apply to federally funded research and development.
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05.31.2022Supreme Court Holds That Prejudice Is Not Part of an Arbitration Waiver Analysis Under the FAAUpdatesThe U.S. Supreme Court, in a May 23 decision, ruled that the federal policy favoring arbitration does not authorize federal courts to impose a prejudice requirement when evaluating whether a party has waived its right to arbitration by litigating in court.
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04.13.2022The Ninth Circuit Addresses Website Design for Enforceable Terms of ServiceUpdatesOn April 5, 2022, the U.S. Court of Appeals for the Ninth Circuit refined the standard for enforcing terms of service presented on websites via hyperlinks.
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04.07.2022Supreme Court Limits Federal Courts’ Jurisdiction to Enforce Arbitration AwardsUpdatesThe U.S. Supreme Court ruled that federal courts cannot enforce or vacate arbitration awards under Sections 9 and 10 of the Federal Arbitration Act.
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03.31.2022Washington, D.C., Ban on Non-Competes Postponed Until October 2022UpdatesMayor Muriel Bowser signed the District of Columbia’s Ban on Non-Compete Agreements Amendment Act of 2020 (D.C. Act 23-563) (the Act) on January 11, 2021.
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03.24.2022Government Moves to Dismiss Case Challenging New York Bight Wind Energy Area DesignationsUpdatesA New Jersey based nonprofit organization, Save Long Beach Island, and its president sued in the U.S. District Court for the District of Columbia in January 2022.
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01.28.2022University of Colorado System Scores COVID-19 Property Insurance Coverage WinUpdatesA Colorado state court recently joined a growing chorus of courts across the country rejecting insurance companies’ arguments that there is no coverage for COVID-19-related losses and costs under commercial property insurance policies because COVID-19 cannot cause “physical loss or damage” to property as a matter of law.
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01.26.2022Recent DOJ Settlements Show Step Up in Web Accessibility Enforcement by Biden AdministrationUpdatesThe U.S. Department of Justice recently entered into settlement agreements with Hy-Vee and Rite Aid in response to the DOJ’s concern that the companies’ vaccine registration websites were not accessible to individuals with vision impairments and other disabilities.
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12.14.2021
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09.24.2021The Purpose, A Purpose? Because of Litigation Concerns? Ninth Circuit Adopts Stringent Test for Dual-Purpose CommunicationsUpdatesWhen are communications with counsel that are for both legal advice and business purposes protected by the attorney-client privilege?
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09.21.2021AMLA 2020 Series Part 2: New Bank Secrecy Act Whistleblower ProvisionsUpdatesOn New Year’s Day 2021, Congress passed the Anti-Money Laundering Act of 2020 (AMLA 2020). As we reported last April, the AMLA 2020 included sweeping reforms aimed at strengthening protections against money laundering, terrorism financing, and other illegal activities. In July, we examined the expansive new beneficial ownership reporting requirements added to the Corporate Transparency Act. In this second substantive installment of our multipart series on the AMLA 2020, we examine the changes made to the Bank Secrecy Act (BSA) whistleblower provisions.
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07.14.2021AMLA 2020 Series Part 1: New and Expansive Beneficial Ownership Reporting RequirementsUpdates
This first substantive installment in our multipart series addresses arguably the most significant implication of AMLA 2020: a new and expansive requirement to disclose corporate beneficial ownership, set out by the Corporate Transparency Act.
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06.10.2021Where Are We Now and Where Are We Headed?PodcastsCo-hosts Alan Howard and Ed Baum speak with Karen Lisko regarding developments with remote and hybrid trial settings as court systems emerge from the pandemic.
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06.09.2021The Virtual Trial From the Advocate's PerspectivePodcastsCo-hosts Ed Baum and Alan Howard are joined by Karen Lisko in a conversation about adaption and evolution in trial techniques for a virtual or hybrid trial.
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06.08.2021A Juror’s ExperiencePodcasts
Co-hosts Alan Howard and Ed Baum speak with Karen Lisko about how jurors’ remote or virtual trial settings may change how jurors receive and perceive evidence.
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06.04.2021A Court’s PerspectivePodcastsCo-hosts Ed Baum and Alan Howard speak with Maricopa County Chief Civil Judge Pamela Gates to discuss studies of and adaptations for remote jury trials.
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06.01.2021A Sea Change in Trial PracticePodcastsCo-hosts Alan Howard and Ed Baum are joined by litigation consultant Karen Lisko, Ph.D. to survey the range of ongoing adaptations to “normal” jury trial practice and discusses the practical implications and choices for clients engaged in ongoing litigation.
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06.01.2021Illinois Supreme Court Affirms BIPA Lawsuits Are Covered by GL PoliciesUpdatesThe deluge of lawsuits brought under the Illinois Biometric Information Privacy Act (BIPA), 740 ILCS 14 et seq. over the past several years has presented a challenge to companies operating in Illinois.
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04.12.2021The Anti-Money Laundering Act of 2020: A Survey of Key Provisions and Practice TakeawaysUpdatesOn New Year’s Day 2021, Congress overrode a presidential veto to pass the Anti-Money Laundering Act of 2020 (AMLA 2020), which amends and modernizes the Bank Secrecy Act (BSA).
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02.26.2021FTC Report Recommends Increased Cross-Border Cooperation and Policy Leadership on Antitrust and Consumer Protection IssuesUpdatesLast week, the Federal Trade Commission (FTC) approved its Commission Report on Hearings on Competition and Consumer Protection in the 21st Century.
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02.02.2021New Law Criminalizes Streaming: What Businesses Need to KnowUpdatesStreaming is a widespread form of entertainment for millions of Americans and its popularity has soared during the pandemic. However, according to a study by the U.S. Chamber of Commerce and the Global Innovation Policy Center from June of 2019, “global online piracy costs the U.S. economy at least $29.2 billion in lost revenue each year.”
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08.18.2020COVID-19 Business Interruption Litigation: Lessons Learned So FarUpdatesSince the start of the pandemic, hundreds of businesses of all sizes have been forced to file lawsuits against their property insurers for failing to honor their contractual obligations to provide business interruption, extra expense, civil authority, and other coverage for the substantial losses caused by the COVID-19 pandemic.
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08.10.2020Protecting Internal Investigation Materials From DisclosureUpdatesIn United States ex rel. Wollman v. Massachusetts Gen. Hosp., Inc., No. CV 15-11890-ADB, 2020 WL 4352915 (D. Mass. July 29, 2020), yet another district court agreed with the U.S. Court of Appeals for the D.C. Circuit’s decision in In re Kellogg Brown & Root, Inc., 756 F.3d 754, 760 (D.C. Cir. 2014), holding that, although the defendants waived it here, attorney-client privilege applies to internal investigations.
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08.04.2020Class Action Litigation in the COVID-19 EraUpdatesHundreds of COVID-19-related class action claims have been filed in state and federal courts throughout the country.
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07.27.2020Higher Education COVID-19 Losses: Property and Business Interruption Insurance Policies Should Provide ReliefUpdatesDue to the COVID-19 pandemic, institutions of higher education are facing significant revenue challenges and incurring extra expenses for which their insurance programs should provide relief.
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07.09.2020Remote Depositions and Other Remote Testimony: Representing Clients in the New NormalUpdatesThis update provides some recent lessons learned with remote depositions that apply to both those who take and defend remote depositions.
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07.07.2020On the Discoverability of Virtual MeetingsUpdatesIn 1964, futurist Arthur C. Clarke predicted that in fifty years, people “will no longer commute—they will communicate.”
This update was republished in Thomson Reuters Westlaw, July 16, 2020.
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06.24.2020Ninth Circuit Rejects Securities Fraud Thesis That Did Not “Make a Whole Lot of Sense”UpdatesIn its June 10, 2020 opinion in Nguyen v. Endologix, the U.S. Court of Appeals for the Ninth Circuit applied the plausibility standard to a plaintiff’s securities fraud claims and affirmed the district court’s dismissal, with prejudice, of the purported class action complaint.
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06.09.2020DOJ Refines Guidance on Effective Corporate ComplianceUpdatesThe U.S. Department of Justice on June 1, 2020, released another update to its “Evaluation of Corporate Compliance Programs” (the 2020 Update).
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05.20.20202020 Virtual ABA Antitrust Spring Meeting: Federal and State Antitrust Enforcement TakeawaysUpdatesOver the last two weeks, the American Bar Association offered a virtual version of what would have been its 68th Antitrust Law Spring Meeting, presenting a select number of panels online. Several of the virtual sessions addressed the efforts of federal and state antitrust enforcement agencies.
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05.14.2020A Neutral's Take - A Conversation with David Geronemus of JAMS in New York CityPodcastsIn this podcast Perkins Coie litigators Alan Howard and Ed Baum talk with Mediator David Geronemus, of JAMS in New York, about his experience and advice for conducting virtual mediation sessions.
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05.14.2020A Neutral's Take - A Conversation with Judge Andersen of JAMS in ChicagoPodcastsIn this podcast Perkins Coie litigators Ed Baum and Alan Howard talk with former Federal Judge Wayne Andersen, a neutral with JAMS in Chicago, about his experience and advice for conducting virtual mediation sessions.
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05.13.2020A Neutral's Take - A Conversation with Judge Segal of Signature Resolution in Los AngelesPodcastsPerkins Coie litigators Alan Howard and Ed Baum talk with former Federal Judge Suzanne Segal, a neutral with Signature Resolution in Los Angeles, about her experience and advice for conducting virtual mediation sessions.
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05.12.2020The Litigators' TakePodcastsPerkins Coie Litigation attorneys Alan Howard and Ed Baum discuss the viability of conducting virtual mediation sessions during the COVID-19 pandemic and beyond.
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05.05.2020Using Deposition Technology While Sheltered in PlaceUpdatesThis update and the corresponding blog post discuss how litigators and litigants can benefit from the available technology to continue taking and defending depositions while quarantined in their home offices.
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04.24.2020Supreme Court Holds Willfulness Not Required for Disgorgement of Profits in Lanham Act Cases, Defendant’s Mental State Remains Important FactorUpdatesThe U.S. Supreme Court held this week that willfulness is not a prerequisite for an award of profits for violation of Lanham Act § 43(a), 15 U.S.C. § 1125(a), resolving a longstanding circuit split.
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03.20.2020COVID-19 and Force Majeure: Time to Review Your Commercial ContractsUpdatesParties to commercial contracts that may be affected by COVID-19 are now examining their force majeure provisions, as well as all other risk allocation provisions, to determine which party bears the cost of delay or impossibility of performance.
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10.30.2019Looking to 2020: Will PFAS Be the Next Wave of Consumer Products and Coverage Litigation?UpdatesAs businesses gear up for the busy holiday shopping season and prepare product lines for the new year, manufacturers and distributors of consumer products must be ready to manage new risks that are likely to appear in the new year.
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10.08.2019U.S. Supreme Court Rejects Domino’s Petition Seeking Clarity on Web Accessibility Under the ADAUpdatesOn October 7, 2019, the U.S. Supreme Court denied a petition filed by Domino’s Pizza asking the Court to decide whether Title III of the Americans with Disabilities Act (ADA) applies to websites and mobile apps.
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04.08.20192019 ABA Antitrust Spring Meeting: Federal and State Antitrust Enforcement TakeawaysUpdates
The American Bar Association’s 67th Antitrust Law spring meeting held earlier this month featured several sessions addressing the efforts of federal and state antitrust enforcement agencies, including a number of discussions with representatives from those agencies.
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04.03.2019Understanding the UK’s Impending “Name and Shame” Approach for Ridding Supply Chains of Forced LaborUpdatesThe U.K. Modern Slavery Act of 2015, which was modeled after the California Transparency in Supply Chains Act, requires companies falling under its jurisdictional hook (and there are many) to honestly and completely disclose their efforts to eradicate trafficked, slave, indentured, coerced and child (collectively “forced”) labor from their supply chains.
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03.05.2019More Reasons to Register Copyrights Early: Owners Must Register Before They SueUpdatesThe U.S. Supreme Court’s decision in Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, 586 U.S. __ (2019), issued March 4, 2019, resolves a longstanding circuit split regarding whether the Copyright Act of 1976 allows a copyright owner to file an infringement suit as soon as a copyright application has been filed or instead requires the owner to wait to initiate suit until the U.S. Copyright Office has acted on the application.
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01.18.2019Ninth Circuit Rules That Lack of Web Accessibility Regulations Does Not Bar ADA SuitsUpdatesThe U.S. Court of Appeals for the Ninth Circuit issued a decision on January 15, 2019 in a closely followed web accessibility case, Robles v. Domino’s Pizza, LLC, reaffirming Ninth Circuit precedent holding that companies whose online activities share a nexus with physical places of public accommodation may be held liable under the Americans with Disabilities Act for failing to make their websites and apps accessible to persons with disabilities.
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01.16.2019When Redactions Don’t RedactUpdatesThe press has widely reported on Paul Manafort’s attorneys’ failed attempt to redact sensitive information in a recent legal filing, allowing the press to uncover and publish the very information the attorneys intended to redact.
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10.10.2018A Plaintiff’s Bankruptcy Created a Pathway to SettlementUpdatesThe U.S. Court of Appeals for the Ninth Circuit recently reminded litigants that a plaintiff’s bankruptcy can benefit a defendant by providing an alternative settlement path.
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08.09.2018Large Jury Verdicts in Hog Nuisance Cases Signal CAFO Litigation Is RisingUpdatesA federal jury last week returned a $473.5 million verdict against the world’s largest pork producer for nuisances caused by three industrial-scale hog farms.
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06.29.2018Supreme Court Shoots Down Forced Agency Fees for Public Sector Union WorkersUpdatesThe U.S. Supreme Court this week overruled longstanding precedent to hold that public-sector unions may no longer extract agency fees from nonconsenting employees who have opted not to join a union.
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05.24.2018Supreme Court Delivers a Win for Employers, Upholds Employment Agreements Requiring ArbitrationUpdatesIn Epic Systems Corp. v. Lewis, __ U.S. __ (2018), the United States Supreme Court upheld an employment contract provision that requires employees to individually arbitrate any disputes with the employer.
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04.24.20182018 ABA Antitrust Law Spring Meeting: Federal and State Antitrust Enforcement TakeawaysUpdatesWe offer some key takeaways from ABA's Antitrust Law Spring Meeting, including the impact of leadership changes at the federal agencies, recent enforcement activities and signals regarding future priorities.
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03.19.2018Critical Takeaways From the D.C. Circuit’s Long-Awaited Robocall RulingUpdatesLast Friday, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) issued its long-awaited decision in ACA International v. Federal Communications Commission, No. 15-1211 (D.C. Cir. Mar. 16, 2018).
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02.02.2018Oregon Court of Appeals Strikes Down Statutory Cap on Noneconomic DamagesUpdatesOregon is one of 35 states where the legislature has successfully enacted a statute capping the amount of noneconomic damages, commonly known as “emotional distress,” that juries can award. With the issuance of two recent opinions from the Oregon Court of Appeals, however, Oregon now joins six other states with courts that have ruled such caps are unconstitutional.
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10.19.2017California Updates Its Auto-Renewal LawUpdatesFrom fashion clothing in the mail to gym memberships to monthly mobile app subscriptions, the subscription-based business model is everywhere and here to stay.
This update has been republished in California Lawyer on 12.04.2014, "Auto-Renewal Update." -
10.03.2017Debtor’s Failure to Disclose No Longer Deadly in Eleventh CircuitUpdates
Employers and other defendants recently suffered a setback in the Eleventh Circuit, which reversed itself and will now require a “totality of the circumstances analysis” to determine whether a debtor/plaintiff should be precluded from pursuing litigation that was not disclosed in their bankruptcy documents in a timely manner.
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06.01.2017Supreme Court Continues Rule-based Refinement of Personal JurisdictionUpdatesOn May 30, 2017, the U.S. Supreme Court handed down yet another personal jurisdiction opinion emphasizing clear rules as to when out-of-state defendants may be haled into court.
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05.31.2017What You Need to Know About 3-D Printing and Product LiabilityUpdates3-D printing has enabled a variety of new manufacturing processes that will blur fundamental distinctions in the law of product liability, potentially exposing companies to liability they did not anticipate.
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05.30.2017Takeaways From TRANSACT: Payments Industry Legal and Regulatory TrendsUpdatesEarlier this month, the Electronic Transactions Association (ETA) hosted its annual TRANSACT conference to connect and educate the various branches of the payments industry.
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04.11.2017Mergers and Acquisitions Takeaways From the 2017 ABA Antitrust Law Spring MeetingUpdatesIn our second installment covering the ABA's 65th Antitrust Law Spring Meeting, we provide some key takeaways from the sessions, specifically focusing on issues in mergers and acquisitions.
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04.10.2017Federal and State Antitrust Enforcement Takeaways From the 2017 ABA Antitrust Law Spring MeetingUpdatesThe American Bar Association’s 65th Antitrust Law Spring Meeting held at the end of March included a number of sessions with representatives from federal and state antitrust enforcement agencies.
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04.10.2017Navigating Yates Memo Minefield and Broadening of Excess Side-A DIC D&O Insurance PoliciesUpdatesFormer Deputy Attorney General Sally Yates issued a memorandum (the Yates Memo) in September 2015 setting forth guidance on how the U.S. Department of Justice would handle future corporate investigations and, to the extent practicable, pending ones.
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02.28.2017Texas Workplace Sexual Assaults May Not be Treated as Sexual HarassmentUpdatesIn Texas, some victims of workplace sexual assault may pursue common law assault claims against their employers, following a recent Supreme Court of Texas ruling.
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02.06.2017Judge Neil Gorsuch, the Supreme Court and Product Liability LitigationUpdatesWhat does the nomination of Judge Neil Gorsuch for the U.S. Supreme Court mean for product liability litigation?
This update was republished in Law360 on 02.08.2017, "Justice Gorsuch And Product Liability Litigation." -
01.24.2017New Lawsuits Challenge Qualcomm’s Allegedly Anticompetitive Patent PracticesUpdatesThe Federal Trade Commission filed suit last week in federal court against Qualcomm, Inc., following its investigation launched in September 2014.
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01.05.2017California Supreme Court Limits Attorney-Client Privilege for Lawyer InvoicesUpdatesIn a 4-3 decision, the California Supreme Court ruled that attorney invoices submitted to public agencies are not categorically exempt from disclosure under the California Public Records Act.
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12.15.2016Top 10 Litigation Risks and Trends for RetailersUpdates
With the 2016 holiday shopping season in full swing, the risk of litigation heightens for retailers. We created our own version of a “holiday list” to identify the top-10 risk areas where retailers may be vulnerable to claims and lawsuits.
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12.08.2016California Supreme Court Establishes Duty in Take-Home Asbestos Exposure CasesUpdatesOn December 1, 2016, the Supreme Court of California held that the duty of employers and premises owners to exercise ordinary care in their use of asbestos in their businesses includes a duty to take reasonable care to prevent secondary (take-home) asbestos exposure to members of a worker’s household.
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11.28.2016What Employers Should Know About Texas Judge Halting New FLSA RegulationsUpdatesLast week, the U.S. Department of Labor’s pending regulation raising the minimum salary levels for “exempt” white collar employees was blocked by a federal district court judge in the Eastern District of Texas.
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10.28.2016DOJ and FTC Issue Guidance and Announce Policy Shift Regarding Antitrust Challenges to Hiring and Compensation DecisionsUpdatesThe U.S. Department of Justice’s Antitrust Division and the Federal Trade Commission jointly issued their Antitrust Guidance for Human Resources Professionals on October 20, 2016.
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10.27.2016New California Lease Requirements for Disability AccessUpdatesPerkins Coie previously published an alert regarding California legislation (SB 1186), which required disclosures in commercial leases as to whether the property being leased had been inspected by a Certified Access Specialist (CASp). On September 16, 2016, new legislation (AB 2093) was enacted to encourage parties to acknowledge accessibility issues and address any necessary remediations during lease negotiations.
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09.26.2016Ninth Circuit Issues “Antitrust Primer for Aftermarket Issues” in AerotecUpdatesIn a precedent-setting opinion, the U.S. Court of Appeals for the Ninth Circuit in Aerotec International, Inc. v. Honeywell International, Inc., affirmed the summary dismissal of a garden variety of antitrust claims brought by Aerotec.
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09.12.2016Antitrust Division Focuses Enforcement Efforts on Individuals Behind International CartelsUpdatesThe Antitrust Division of the U.S. Department of Justice is vigorously pursuing civil and criminal actions against individuals—and not simply the companies they run.
This update was also published in China Business Review on 03.17.2017, "Antitrust Division Focuses Enforcement Efforts on Individuals Behind International Cartels."
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08.31.2016FTC Complaint Counsels Caution When Settling Disputes With CompetitorsUpdatesThe Federal Trade Commission recently sued 1-800 Contacts, Inc., the largest contact lens retailer in the United States, charging it with restraining competition in violation of Section 5 of the Federal Trade Commission Act, 15 U.S.C. § 45.
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07.05.2016Recent Court Cases Interpreting “Reverse Payments” Post-ActavisUpdatesPatent settlement agreements were traditionally deemed outside the purview of antitrust scrutiny unless the patent holder’s conduct fell outside the legitimate scope of the patent’s exclusionary power.
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05.31.2016New Arizona Legislation May Affect the Interests of Arizona Businesses and EmployersUpdatesTwo new statutes, signed into law by Arizona Governor Doug Ducey this legislative session, attempt to set new standards on defining the employment relationship and how wages are regulated.
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05.18.2016Supreme Court Rules Exception to Bankruptcy Discharge for Fraud Claims Extends to Fraudulent Transfer LiabilityUpdatesThe U.S. Supreme Court ruled that the exception to bankruptcy discharge for debts incurred through actual fraud applies to debts imposed for fraudulent transfer liability.
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04.13.2016ABA Antitrust Section’s Spring Meeting—What You Need to KnowUpdatesThe American Bar Association held its 64th annual Antitrust Law Spring Meeting April 5–8, 2016, in Washington, D.C. Over 3,000 practitioners, enforcers, economists and academics from around the world came together to discuss and share views on the hottest antitrust topics of the day.
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02.19.2016California Supreme Court Holds That Borrowers May Bring Wrongful Foreclosure Actions Challenging Deed Of Trust AssignmentsUpdatesOn February 18, 2016, the California Supreme Court held that borrowers may bring wrongful foreclosure claims based on challenges to an assignment of the note and deed of trust to a securitized trust.
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02.01.2016Tacoma’s New Minimum Wage and Paid Leave Laws Now in EffectUpdatesAs of February 1, 2016, employers with employees who work in Tacoma must comply with two new legal requirements.
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10.01.2015Business Loss Insurance Coverage for Port Explosions in ChinaUpdatesMassive explosions occurred at a warehouse in Tianjin, China, in August 2015, that left hundreds of people dead or injured and destroyed much of the city’s port facilities. Tianjin is located in the industrial north of China and is a critical transit point for many global industries, including electronics, automotive, aerospace, petrochemicals and manufacturing equipment.
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09.01.2015Work-Related Text Messages on Personal Cell Phones Are Public Records Says WA Supreme CourtUpdatesFrom Washington, D.C. to Washington state, the manner in which government officials and employees create and store business records is making headlines.
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07.21.2015U.S. DOL Sets Sights on Businesses Using Independent ContractorsUpdatesEmployers should take immediate action to ensure that they are properly classifying their workers in light of new guidance released on July 15, 2015, by the U.S. Department of Labor (DOL).
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06.04.2015Worldwide CEO-CFO Cyber Scam: Prevention and Recovery TipsUpdatesA simple yet highly effective and increasingly common cyber scam, based on social engineering and playing on fear, the desire to be helpful and other emotions, has caused U.S. companies of all sizes to lose millions of dollars in recent months.
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03.06.2013Supreme Court Holds Securities Fraud Class Certification Does Not Require Showing of Materiality, With Strong Dissents Questioning the Fraud-on-the-Market TheoryUpdatesIn its long-awaited decision in Amgen Inc. v. Connecticut Retirement Plans & Trust Funds, No. 11-1085 (U.S. Feb. 27, 2013), the U.S. Supreme Court held that plaintiffs in a securities-fraud class action do not need to establish the materiality of alleged misrepresentations in seeking class certification.
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02.22.2013Arizona Supreme Court Follows Central Bank: No Implied Private Right of Action for Aiding and Abetting Securities Fraud Under the Arizona Securities ActUpdatesEarlier today, in a case titled Sell v. Sewell, (No. CV-12-0211-PR), the Arizona Supreme Court ruled that there is no implied private right of action for aiding and abetting securities fraud under the Arizona Securities Act (ASA). Today’s ruling in Sell overturns the court’s ruling 34 years ago in State v. Superior Court, 599 P.2d 777 (Ariz. 1979), and continues the court’s strong policy of following the U.S. Supreme Court’s interpretations of analogous federal securities statutes.
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07.02.2012Unexpected Dismissal by Supreme Court Leaves Intact Ninth Circuit Decision Holding That Violation of a Statutory Right, Without Actual Damage, Confers Article III StandingUpdatesA Supreme Court decision long-awaited by the class action bar and businesses was a surprise non-event last Thursday when, seven months after hearing oral arguments in First American Financial Corp. v. Edwards, the Supreme Court issued an order dismissing the writ of certiorari in the case as improvidently granted. The Supreme Court's per curiam order, presented without reasoning, left intact the Ninth Circuit's holding that a plaintiff who pled a statutory violation but not actual damages had standing under Article III of the U.S. Constitution, which requires that a plaintiff has suffered a concrete “injury in fact.” The Supreme Court's decision means that, at least in the Ninth Circuit “[t]he injury required by Article III can exist solely by virtue of ‘statutes creating legal rights, the invasion of which creates standing.’”
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12.19.2011CMS Issues Proposed Physician Payment Sunshine Act RegulationsUpdatesThe Centers for Medicare and Medicaid Services published proposed regulations today under the Physician Payment Sunshine Act.
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05.18.2011Health Care Fraud Enforcement Trends Highlighted at American Bar Association ConferenceUpdatesThe American Bar Association held a Health Care Fraud Conference on May 11-13, 2011 in which high level officials from both the Department of Justice (“DOJ”) and Health and Human Services (“HHS”) described the new tools and tactics the government is utilizing to combat health care fraud. The government's new campaign will increase the amount of scrutiny that hospitals, pharmaceutical manufacturers, medical device companies and individual providers face.
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05.05.2011Government to Exclude Pharma CEO from Federal Health Programs Based on Corporation's ConvictionUpdatesThe Department of Health and Human Services (HHS) recently announced that it will seek to exclude Howard Solomon, CEO of pharmaceutical company Forest Laboratories Inc., from participation in federal health programs (such as Medicare and Medicaid) based solely on the corporation’s criminal conviction.
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04.29.2011Supreme Court Holds That Consumer Arbitration Agreements Can Bar Class Action ReliefUpdatesIn AT&T Mobility v. Concepcion, No. 09-893, the U.S. Supreme Court validated consumer contracts with arbitration clauses containing class action waivers. This decision may cause companies that do not have arbitration provisions in their consumer contracts to add them in order to limit or avoid class actions.
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03.31.2011Supreme Court Addresses Materiality in Securities Fraud CasesUpdatesIn Matrixx Initiatives, Inc. v. Siracusano, No. 09-1156 (U.S. Mar. 22, 2011), the U.S. Supreme Court unanimously held that a plaintiff can establish the materiality (for purposes of claims under Section 10(b) of the Securities Exchange Act of 1934 and SEC Rule 10b-5) of adverse events experienced by users of pharmaceutical products without showing that the incidence of harm from those adverse events was statistically significant.
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02.08.2011Stockholders May Inspect Books & Records in Delaware Even After Filing a Derivative ActionUpdatesSection 220 of the Delaware corporation law provides that stockholders may inspect a corporation’s books and records for a “proper purpose.” Normally, plaintiffs file Section 220 actions as an investigatory tool before commencing litigation—the sequence long favored under Delaware law. Frustrated by abuses occasioned by the opposite approach, in May 2010, Vice Chancellor Leo Strine of the Delaware Chancery Court ruled that “once a plaintiff files a derivative suit, he has made his election,” and cannot thereafter seek books and records in Delaware. On January 28, 2011, the Delaware Supreme Court reversed.
Presentations
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11.14.2023
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06.13.2023Interactive Director Roundtable Series Steering through the Storm: The Board’s Role in Crisis ManagementSpeaking EngagementsPerkins Coie LLP / Seattle, WA
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12.16.2020What Will “Stick” When This Craziness Is Over: Pandemic Litigation Practices That May Be Here to StayWebinarsVirtual Litigation Webinar
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10.23.2019Colorado ChIPs Presents: Persuasive Speaking On Your Feet & From Your SeatSpeaking EngagementsColorado ChIPs Event / Denver, CO
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07.18.2019Is the Sky Falling?: Managing Enforcement Risk Under the California Consumer Privacy Act?WebinarsPerkins Coie’s CCPA Week
This webinar will address enforcement risks under the CCPA, and how to manage compliance obligations to minimize litigation risk. Our speakers are class action litigators actively consulting clients in CCPA compliance. The topics will include, among other things, a discussion about the various enforcement mechanisms, notice and operational strategies to minimize risk, third party contracts, and exceptions and defenses to CCPA claims.