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Publications
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04.24.2024FTC Bans Employee Noncompete Agreements; Challenges UnderwayUpdatesOn April 23, 2024, the U.S. Federal Trade Commission voted 3-2 to ban the use of nearly all noncompete agreements in America’s for-profit businesses (with only a few narrow exceptions). In this Update, we cover the details of the FTC’s Final Rule, what changed from the Proposed Rule, guidance to employers wondering what they should do now, and what might come next.
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03.15.2024Implications From Denial of Certiorari in Race-Neutral Admissions CaseUpdatesThe U.S. Supreme Court denied certiorari in a much-scrutinized U.S. Court of Appeals for the Fourth Circuit case involving race-neutral school admissions procedures, Coalition for TJ v. Fairfax County Board, on February 20, 2024.
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03.13.2024The Next Wave of Privacy Litigation: The Illinois Genetic Information Privacy ActUpdatesEnacted in 1998, Illinois’ Genetic Information Privacy Act governs the confidentiality and use of genetic testing and genetic information by employers and insurers. The statute was designed to prevent employers and insurers from using genetic testing and information as a means of discrimination.
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02.22.2024Top Advertising Law Trends for 2024UpdatesWith the first quarter of 2024 in full swing, it is a good time for brands to revisit marketing compliance strategies to minimize the risk of potential class actions, regulatory enforcement actions, and competitor challenges. This Update highlights hot topics in advertising law for 2024.
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02.06.2024Operation Family Secrets (aka Casino), Featuring Former Assistant United States Attorney Markus FunkPodcastsDavid and Jasmine talk with Markus Funk about the investigation and trial of the powerful Chicago-based Calabrese family mob, who engineered years of extortion, gambling, bookmaking, and hundreds of murders.
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07.03.2023Implicit Bias Jury Instructions: What Every Trial Lawyer Needs To KnowArticles
An impartial and fair jury is at the core of our U.S. jury trial system. Implicit bias calls into question whether a jury can be truly impartial, given the preconceived and hardwired biases that jurors bring with them to jury service.
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06.29.2023Personal Jurisdiction and Foreign Corporation Registration Statutes: A Purple Haze, but the Sky Is Not FallingUpdatesThe U.S. Supreme Court has held—by a 5-4 margin—that it did not violate due process for a Pennsylvania court to exercise jurisdiction over an asbestos case with no connection to Pennsylvania because of a unique Pennsylvania foreign corporation registration statute that requires consent to general jurisdiction to do business in the state.
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06.22.2023New York State Legislature Passes Bill Banning Noncompete AgreementsUpdatesOn June 20, 2023, the New York State Assembly passed a bill which, if signed by New York Governor Kathy Hochul, will impose a blanket ban on—and render unlawful—all future noncompete agreements. New York’s proposed law is the most recent crackdown on the enforceability of noncompetes amid a wave of federal and state efforts to limit such agreements or prohibit them outright.
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06.05.2023Use of Generative AI in Litigation Requires Care and OversightUpdates
Use of generative AI in the legal profession offers the potential for significant advancement but also poses risks. Court orders issued last week by the U.S. District Court for the Northern District of Texas and the U.S. District Court for the Northern District of Illinois, along with a recent show cause order issued by the U.S. District Court for the Southern District of New York, each highlights some of the risks that in-house counsel and litigators should consider when using these new technologies in litigation matters.
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05.24.2023Supreme Court To Review Critical Case on Deference to Administrative AgenciesUpdatesThe U.S. Supreme Court has accepted review of a case taking direct aim at “overregulation” by federal administrative agencies. Any client that routinely deals with federal administrative agencies—especially those who have experienced administrative overreach—should pay attention and consider weighing in.
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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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01.09.2023FTC Announces Proposed Ban on Noncompete AgreementsUpdatesThe Federal Trade Commission announced its proposal of a new rule that would ban employers from imposing noncompete clauses on their workers and invalidate nearly all existing noncompetes currently in effect. According to the FTC, this will affect 30 million, or one in five, American workers currently covered by a noncompete agreement.
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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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06.01.2022Supreme Court Reinstates Injunction Against Texas Social Media LawUpdatesIn a 5-4 decision, the U.S. Supreme Court vacated the U.S. Court of Appeals for the Fifth Circuit’s stay of a temporary injunction in NetChoice, LLC v. Paxton, a closely watched case involving a novel Texas law purporting to bar “social media platforms” from engaging in “viewpoint” discrimination.
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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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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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2022
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03.01.2022Rip Van Wrinkle: The Grandfather of Biometric Laws AwakensUpdatesFor many years, the most significant law governing biometric-based products and services has been the Illinois Biometric Information Protection Act. This past month, however, another biometric data privacy law woke from a long, undisturbed slumber.
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02.02.2022Escalating Stakes in Battle for Ocean WindUpdatesOffshore wind development in the United States continues to draw opposition from coastal landowners, businesses, organizations, and other users of ocean waters, as it has since the industry first emerged here.
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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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07.09.2021The City That Never Peeps? NY City’s Biometric Identifier Information Ordinance Goes Into Effect July 9, 2021UpdatesNew York City’s new biometrics ordinance went into effect July 9, 2021. The ordinance regulates the use of “biometric identifier information” in “commercial establishments” such as places of entertainment, retail stores, and food and drink establishments.
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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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2021Consumer Finance Law – COVID-19 Year in ReviewLawyer PublicationsIn this report, Perkins Coie offers an analysis of the past year’s most noteworthy regulatory developments and litigation outcomes in the mortgage lending and servicing industry.
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01.12.2021Congress Establishes New Copyright Small Claims CourtUpdatesThe Copyright Alternative in Small Claims Enforcement Act (CASE Act) was signed into law on December 27, 2020, as part of the Omnibus COVID-19 Relief Bill. The CASE Act establishes a completely new forum for resolution of small copyright disputes, the Copyright Claims Board (CCB), in which parties may voluntarily resolve copyright disputes in front of a three-judge panel of officers appointed by the librarian of Congress.
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08.14.2020Law That Shields Bad Cops From Liability Needs to Be ChangedArticlesAmid anti-racism protests nationwide and police-reform efforts, there is no time like the present to take a close look at “qualified immunity”—a legal doctrine that can restrict citizens’ ability to recover damages for civil rights violations by shielding government officials from lawsuits and civil liability.
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08.07.2020CFAA Decision May Raise Bar on Scraping LiabilityArticlesAs scraping and crawling of websites becomes more ubiquitous, courts continue to struggle with where to draw the lines regarding what is permissible. This can be a highly fact-intensive inquiry, but a recent case before the U.S. District Court for the District of Columbia provides some important takeaways.
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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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07.13.2020INSIGHT: Multiple CBD Class Actions Stayed Pending FDA Regulatory ActionArticlesCBD companies facing class action lawsuits regarding product labeling during this time of regulatory uncertainty have a reasonable chance of succeeding in a motion to stay on primary jurisdiction grounds, say Perkins Coie attorneys. But, they must be sure to tie anticipated agency rulemaking to the claims at issue before the court.
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06.18.2020Litigation Tips for Food-Industry Employers in the Wake of COVID-19ArticlesIn the wake of the COVID-19 crisis, food production and meatpacking plants have been the subject of much discussion regarding the risk of community transmission of the virus. Coronavirus infections and deaths among those who work in the industry have spurred a slew of lawsuits against employers.
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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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03.27.2020Responding to COVID-19 Requires an Integrated ApproachUpdatesRecognizing the high volume of COVID-19 content being published, Perkins Coie developed a one-stop, integrated resource page that addresses key legal and business considerations for companies across essential business areas, from insurance coverage and labor and employment, to privacy and security, corporate governance, tax, construction, supply chain, and more.
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03.25.2020COVID-19 and Construction Contracts: Considerations for Owners and DevelopersUpdatesOwners and developers with construction projects underway are understandably very concerned about the impact of COVID-19 on the viability of their projects.
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03.23.2020COVID-19 and Construction: Initial Steps for ContractorsUpdatesCOVID-19 is expected to have an impact on construction companies across the country.
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03.17.2020COVID-19: Putting Your Clients at EASE in Unprecedented TimesUpdatesIn these “business as unusual” times, it is critical to maintain effective messaging with clients and employees.
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01.30.2020Don’t Lose a Motion With These Too-Common MistakesArticlesAll the technology and calendar systems available today still can’t prevent a litigator from making motion-ending errors. Adam Schuman and Gene Lee offer pointers for how to make sure your motion avoids unforced errors and abides by judges’ differing rules.
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01.09.2020U.S. Political Winds Are Shifting in Favor of the Cannabis IndustryArticlesLawmakers are back at work in the nation’s capital for a new session of Congress following the holiday break, and it’s clear that the political winds in Washington, D.C., are shifting in favor of the cannabis industry.
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E-BookA Manufacturer's Guide to Product Liability Law in the United StatesLawyer PublicationsPerkins Coie is proud to announce that the third edition of A Manufacturer's Guide to Product Liability Law in the United States is now available as an e-book and in a Chinese printed version, as well as the original English printed version.
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07.23.2019Is the US Supreme Court’s FOIA Decision a Game Changer for Companies Seeking to Prevent Disclosure of Proprietary Information?UpdatesThe U.S. Supreme Court rejected a decades-old legal standard for companies that wish to shield their business information from disclosure to the public under the Freedom of Information Act (FOIA).
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01.31.2019EPA Proposes to Exempt Animal Waste From Reporting RequirementsUpdatesEPA is currently reviewing comments on its November 14, 2018 proposed rule to exempt livestock farms from reporting routine farm air emissions under the Emergency Planning and Community Right-to-Know Act (EPCRA) and intends to issue a final rule this spring.
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01.02.2019Google Defeats Biometric Privacy Lawsuit on Article III Standing GroundsUpdatesGoogle won summary judgment in Rivera v. Google, a privacy class action alleging violations of the Illinois Biometric Information Privacy Act (BIPA). The case involved “face grouping,” a feature that enables Google Photos to automatically sort and group the photographs in a user’s private account, based on visual similarities between the images of faces in the photos. The court held that any alleged collection of “biometric information” or “biometric identifiers” stemming from this feature did not cause an injury-in-fact sufficient to confer Article III standing. This update summarizes the decision, which may be relevant to clients involved with biometric technology, as well as other clients facing litigation where a no-injury defense may be applicable.
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09.28.2018Courts to Environmental Plaintiffs: Use RCRA, not Clean Water Act, to Address Coal-Ash Disposal at Coal-Fired Power PlantsUpdatesIn three recent decisions, the U.S. Courts of Appeal for the Fourth Circuit and Sixth Circuit have signaled the courts’ refusal to allow environmental plaintiffs to use the federal Clean Water Act to address coal ash pollution from unlined storage ponds at coal fired power plants.
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09.04.2018D.C. Circuit Overturns EPA’s Coal Combustion Residuals Rule for Coal-Fired Power PlantsUpdatesThe U.S. Court of Appeals for the District of Columbia Circuit, on August 21, 2018, vacated much of U.S. EPA’s final rule regulating the disposal of “coal combustion residuals” (CCR) at coal-fired power plants.
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06.29.2018California Consumer Privacy Act of 2018 Brings Some GDPR Aspects StatesideUpdatesOn June 28, 2018, California adopted the strictest general privacy and data security law in the country, called the “California Consumer Privacy Act” (codified in Assembly Bill 375), which will come into effect on January 1, 2020.
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20182018 Augmented and Virtual Reality Survey ResultsLawyer PublicationsPerkins Coie surveyed 140 startup founders, technology company executives, investors and consultants on key challenges and opportunities in the AR/VR space.
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02.01.2018New Tax Bill Eliminates Deductibility of Confidential Sexual Harassment SettlementsUpdatesAlthough business-related settlement payments (and attorneys’ fees) are generally tax-deductible, the 2017 Tax Cuts and Jobs Act (the Tax Act) restricts an employer’s ability to obtain tax deductions for settlements of sexual harassment and abuse claims that are subject to nondisclosure agreements.
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20162016 Augmented and Virtual Reality Survey ResultsLawyer PublicationsPerkins Coie and Upload surveyed more than 650 startup founders, executives with established technology companies and investors on the future of augmented and virtual reality.
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11.30.2015DOJ Postpones Website Accessibility Proceeding: How Businesses Can Prepare in Anticipation of a Lawsuit and How to Maximize Your Insurance Once ServedUpdatesThe Department of Justice (DOJ) has once again postponed its proceeding to amend regulations that would spell out the obligations of retailers, hotels, restaurants, places of entertainment and other businesses to make their websites accessible to individuals with disabilities under the Americans with Disabilities Act (ADA).
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10.21.2014ADA Claims Coming for Retailers This Holiday Season for Inaccessible WebsitesUpdatesThe Department of Justice takes the position that websites are covered by the Americans with Disabilities Act (ADA). More claims are being filed by plaintiffs targeting retailers whose websites are inaccessible to consumers who are blind or have low vision.
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06.27.2014IRS Broadens Offshore Amnesty ProgramUpdatesOver the last several years, the Internal Revenue Service (IRS) has focused its efforts on enforcement of U.S. laws with respect to offshore assets held by U.S. citizens and residents, including their tax payment and reporting obligations.
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06.25.2014Ninth Circuit’s Twin Decisions May Signal Decline in Employment Class Actions and Rise in PAGA ClaimsUpdatesThe future of California labor and employment class actions took several blows this week. First, the Supreme Court of California issued a decision in Iskanian v. CLS Transp. L.A., LLC, No S204032 (Cal. June 23, 2014) upholding a class action waiver in a dispute resolution policy.
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06.23.2014California Supreme Court OKs Arbitration Agreements with Class Action Waivers, but Exempts PAGA ClaimsUpdatesThe California Supreme Court has ruled that arbitration agreements with class action waivers are generally enforceable, but it refused to compel the waiver of representative claims brought under California’s Private Attorneys General Act (PAGA).
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06.19.2014Supreme Court Clarifies Bankruptcy Court Jurisdiction (Somewhat)UpdatesIn 2011, the Supreme Court decided Stern v. Marshall, 564 U.S. ___, 131 S. Ct. 2594 (2011), which gave voice to the Court’s grave concerns about the constitutional limits of bankruptcy court jurisdiction and raised several questions that have confounded courts and lawyers for three years.
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08.05.2013Federal Trade Commission Issues Revised Guidance on COPPA RuleUpdatesOn July 1, 2013 the FTC’s amended COPPA Rule went into effect. On the same day, the commission also released a six-step compliance plan to aid businesses in complying with the new rule. On July 26, the commission issued further guidance on the rule, particularly as it applies to social network plug-ins and ad networks, in the form of updated FAQs.
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07.01.2013California Lease Disclosure Requirements Regarding ADA Accessibility Now in EffectUpdatesBeginning July 1, 2013, California commercial leases and rental agreements must include a disclosure regarding whether the property being leased has been inspected by a Certified Access Specialist (CASp) and, if a CASp inspection has occurred, whether the property being leased has met all construction-related accessibility standards under current law.
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07.01.2013The New COPPA Rule Takes Effect Today — Are You Ready?UpdatesIn December 2012, the Federal Trade Commission (FTC) adopted final amendments to the Children's Online Privacy Protection Act (COPPA) Rule, which regulates how companies may collect information online from children under 13. Last month, the FTC also issued an updated set of Frequently Asked Questions regarding the revised COPPA Rule. The revised COPPA Rule went into effect today, July 1, 2013, and will impact "operators" of certain websites and online services for a long time to come.
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06.28.2013 (updated from 04.11.2007)Top 10 Issues to Consider When You Are Sued: Issue #8: Disclosing Litigation and Reserving for Litigation LossesUpdatesDetermining when and how to account for loss contingencies is an important decision for companies that have been sued. Reserving funds for possible litigation losses may significantly affect reported earnings. Worse, failing to book appropriate reserves may lead to restatements of earnings, which could invite an SEC investigation or shareholder litigation. Apart from reserves, the mere decision whether to disclose pending litigation in financial statements can also have major financial and legal ramifications.
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05.22.2013Insurance Coverage for Businesses Affected by the Oklahoma TornadoUpdatesMany businesses in Oklahoma have been impacted by the devastating tornado that hit that state on May 20, 2013. Early estimates indicate the tornado caused upwards of $2 billion in damage. Numerous national and local businesses and other entities, ranging from retailers to schools and hospitals, reported significant damage and an interruption in their business operations due to the tornado.
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05.17.2013In re LIBOR-Based Financial Instruments Antitrust Litigation: A Long Road AheadUpdatesIn a self-described “unexpected” ruling for the defendants in the consolidated LIBOR proceedings, Judge Naomi Reice Buchwald has dismissed the private plaintiffs’ antitrust and Racketeer Influenced and Corrupt Organizations Act (RICO) claims and significantly narrowed the scope of the Commodity and Exchange Act (CEA) claim.
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03.07.2013Ninth Circuit Holds Dukes v. Wal-Mart Certification Requirements Apply to Small Class Actions and in the Wage and Hour ContextUpdatesOn Tuesday, on remand from the U.S. Supreme Court, the Ninth Circuit held that the certification requirements set forth by the U.S. Supreme Court for a multimillion plaintiff gender discrimination class action in Dukes v. Wal-Mart Stores, 131 S. Ct. 2541 (2011), applied equally to a 200-person class of newspaper employees with wage and hour claims.
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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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02.19.2013Check Your Arbitration Agreements After New Washington Supreme Court CaseUpdatesA recent Washington Supreme Court case, Gandee v. LDL Freedom Enterprises, Inc., No. 87674-6 (Feb. 7, 2013), provides important insights into how Washington courts approach the enforceability of arbitration agreements in the wake of the U.S. Supreme Court’s seminal decision in AT&T Mobility v. Concepcion, 131 S. Ct. 1740 (2011).
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02.05.2013California Supreme Court Decision Signals Victory for Online RetailersUpdatesThe California Supreme Court recently issued a landmark ruling in Apple Inc. v. Superior Court (formerly Krescent v. Apple Inc. in trial court proceedings), a case with wide-reaching implications for consumer privacy in e-commerce. The issue before the Court was whether California’s Song-Beverly Credit Card Act (the Act), which generally prohibits retailers from collecting or requesting personal identification information (PII) as a condition of accepting credit card payments, should apply to online retailers.
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02.04.2013Are You Recording Your Customers’ Calls? Better ListenUpdatesFederal law and most states only require one party to a phone call to consent to recording it, which means the person recording the call doesn’t need anyone else’s permission; however, a minority of states, including California, require all parties to a call to provide consent. While you might think you are safe if you do the recording in a one-party consent state, like Georgia, California’s highest court has made clear that California law will apply no matter where you are located if you do business in California and record a call with a California client. Kearney v. Salomon Smith Barney, Inc., 39 Cal. 4th 95 (2006).
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01.22.2013California Supreme Court to Rule on Legality of Collecting Customer Information During Online Credit Card PurchasesUpdatesCompanies that accept online credit card payments should be keeping an ear very close to the ground for the California Supreme Court’s decision in Apple v. Superior Court (Krescent), expected within the next few weeks. Depending on how the court rules, the case has the potential to spawn a flood of class actions against online retailers and change the way web payments are processed.
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01.03.2013FTC Expands Scope of Children's Privacy Law to Keep Pace With New TechnologiesUpdatesOn December 19, 2012, the Federal Trade Commission (FTC) finalized amendments to the Children's Online Privacy Protection Rule (the Rule), which applies to operators of commercial websites or online services that (1) are directed to children under the age of 13 or (2) have actual knowledge that they are collecting personal information from a child under the age of 13.
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12.12.2012Is Your Company's Mobile App Violating CalOPPA?UpdatesOn December 6, 2012, the California attorney general filed suit against Delta Airlines for failing to provide mobile application users with adequate notice of its privacy practices.
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12.04.2012FCC Rules That Confirmatory Opt-Out Text Messages Don't Violate the TCPA Under Certain CircumstancesUpdatesIn a ruling that will impact certain aspects of how companies handle their SMS/text message promotional programs, on November 29, 2012, the Federal Communications Commission released a Declaratory Ruling regarding the Telephone Consumer Protection Act (TCPA) pursuant to a request by SoundBite Communications, Inc.
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11.28.2012Don't Let a Data Breach Diminish Your Retail Profits This Holiday SeasonUpdatesFor the first time, online retail sales exceeded $1 billion on Black Friday and reached nearly $1.5 billion on Cyber Monday this year. Analysts expect this increase in e-commerce to continue, and Forrester Research estimates that online sales this holiday season will exceed $68.4 billion—a 15 percent increase over 2011.
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11.20.2012Supreme Court to Hear Another Case on Class Arbitration WaiversUpdatesOn November 9, 2012, the U.S. Supreme Court agreed to consider the enforceability of a class action waiver clause in agreements between American Express and merchants that accepted its cards. The merchants filed a proposed class action suit against Amex, alleging that its “Honor All Cards” policy—which required stores to accept Amex’s charge cards as well as its credit cards—violated federal antitrust law.
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10.31.2012Insurance Coverage for Businesses Affected by Superstorm SandyUpdatesMany businesses throughout the United States—and possibly worldwide—may experience the effects of the devastating superstorm that hit the Eastern United States on October 29 and 30, 2012. Early estimation indicates that the storm caused upwards of $20 billion in property damage and another $10 billion to $30 billion in lost business.
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07.17.2012LIBOR Rate-Fixing Scandal Deepens as Potential Plaintiffs Consider Legal OptionsUpdatesIn the wake of the recent admissions by Barclays Bank PLC that its traders sought to manipulate the London Interbank Offered Rate ("LIBOR"), corporations and other investors are only now beginning to appreciate the magnitude of the scandal and to consider how it might impact their own investments.
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04.18.2012Supreme Court Affirms Patent Applicants’ Freedom to Introduce New Evidence in District Court Actions Under 35 U.S.C. § 145UpdatesPatent applicants who are dissatisfied with a rejection by the Board of Patent Appeals and Interferences have two options for review. They can appeal directly to the Federal Circuit, which will review the Board’s decision on the record before the U.S. Patent and Trademark Office. Alternatively, 35 U.S.C. § 145 provides that an applicant may “have remedy by civil action against the Director” of the Patent Office in the United States District Court for the District of Columbia. The primary issue in Kappos v. Hyatt was what limitations, if any, exist on an applicant’s right to submit new evidence that was not before the Patent Office in such a district court action.
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03.13.2012Washington Medicaid Fraud False Claims Act Awaits Governor’s SignatureUpdatesIn the final hours of its regular session, the Washington Legislature enacted the Washington Medicaid Fraud False Claims Act.
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03.09.2012Budget Cuts in Los Angeles Superior Court Expected to Reduce Courtroom Staff and Court Reporters Available for Civil CasesUpdatesThe Los Angeles Superior Court has announced that due to deep funding cuts by the state, significant layoffs will be implemented on June 30, 2012, impacting more than 350 court staff and more than 50 courtrooms.
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02.17.2012CMS Issues Proposed Rule Implementing Requirements for Healthcare Providers and Suppliers to Report and Return Medicare OverpaymentsUpdatesOn February 16, 2012, the Centers for Medicare & Medicaid Services (“CMS”) published its long-awaited Proposed Rule implementing Section 6402(a) of the Patient Protection and Affordable Care Act (“ACA”). 77 Fed. Reg. 9179 (Feb. 16, 2012), available at http://www.gpo.gov/fdsys/pkg/FR-2012-02-16/pdf/2012-3642.pdf.
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11.16.201139 State Attorneys General Pledge to Combat Piracy, an Unfair Method of CompetitionUpdatesInternational software piracy is a serious economic problem that distorts competition and costs the United States billions of dollars in lost jobs and wages.
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10.14.2011New Peer Reviewed Edition of Reference Manual on Scientific Evidence for Judges ReleasedUpdatesOn September 28, the Federal Judicial Center and the National Academies jointly released the third edition of the Reference Manual on Scientific Evidence (the "Manual"), containing tools for use by judges to manage cases involving complex scientific and technical evidence as part of their responsibilities under Daubert.
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07.25.2011Significant Delays Expected in the Processing of Civil Cases in San Francisco Superior Court and Other Bay Area County CourtsUpdatesThe San Francisco Superior Court has announced that due to severe budget constraints, the court will implement a 40% reduction in staff, including eliminating 11 of the court’s 12 commissioners.
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05.20.2011Supreme Court Limits Use of FOIA In False Claims Act CasesUpdatesA U.S. Supreme Court decision handed down on May 16, 2011, restricts the information upon which a private plaintiff can base a False Claims Act case. Private plaintiffs have often used the Freedom of Information Act ("FOIA") to obtain information from government agencies to bolster claims under the False Claims Act.
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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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02.15.2011California Supreme Court Rules That ZIP Codes Are "Personal Identification Information" Under Song-Beverly ActUpdatesOn February 10, 2011, the California Supreme Court held that a customer's ZIP code is "personal identification information" ("PII") under the California Song-Beverly Credit Card Act of 1971 and that businesses cannot request and record a customer's ZIP code during a credit card transaction.
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01.11.2011Don't Pay for the Misdeeds of Others: Intro to Avoiding Foreign Third-Party FCPA LiabilityUpdatesMany companies might be surprised to learn that the difficult to control acts of their foreign agents, intermediaries, consultants, joint venture partners, suppliers, distributors and even outside counsel, private equity portfolio companies and franchisees can result in—and, in fact, have resulted in—potentially devastating civil and criminal Foreign Corrupt Practices Act (FCPA) liability to the principal or parent company . . . even absent any evidence of the company’s actual knowledge of this misconduct. And all indications are that the government will ramp up its reliance on such third-party liability as we move into 2011 and beyond. This update examines the growing threat of third-party liability and how clients can, through precautionary steps tailored to the particular circumstances of the company, effectively fend off the potentially catastrophic effects of third-party liability.
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11.02.2010GlaxoSmithKline False Claims Act Settlement Illustrates Developments in Health Care Fraud EnforcementUpdatesOn October 26, 2010, the Justice Department announced a $750 million settlement of criminal and civil actions stemming from a whistleblower suit against the pharmaceutical manufacturer GlaxoSmithKline (GSK). The settlement, which included a record $96 million award to the whistleblower, reflects the growing number and scale of False Claims Act (FCA) suits against the health care industry.
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Winter 2010The Need for Enforcement of U.S. Punitive Damages Awards by the European UnionArticles
Minnesota Journal of International Law
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10.25.2010OECD Gives Mounting U.S. Foreign Anti-Bribery Efforts High MarksUpdates
The OECD has criticized other signatory nations for not living up to their anti-bribery obligations, and in its just released report also identifies certain discrete areas for U.S. improvement. But the bottom line message is that the U.S. government is a leader in anti-corruption enforcement.
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06.15.2010The IBA Adopts Revised Rules of Evidence for International ArbitrationUpdatesThe framework for international arbitration is provided primarily by arbitration agreements, institutional rules and national laws. Those sources, however, typically say little or nothing about rules of evidence or the process for presenting documents, fact and expert witnesses, discovery, and the conduct of the evidentiary hearing.
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01.22.2010Schnall v. AT&T Wireless: Washington Supreme Court Narrows Scope of Consumer Protection Act and Tightens Rules for Certification of Class ActionsUpdatesLong-awaited Washington Supreme Court decision clarifies scope of Washington Consumer Protection Act and Washington's rules for certification of class actions, rejecting plaintiffs' proposed nationwide class against company "headquartered" in Washington.
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12.02.2009Washington Supreme Court Upholds $8 Million Default Judgment for Failing to Follow Discovery RulesUpdatesFailing to comply with the rules of civil discovery can result in serious sanctions. Washington’s Supreme Court recently emphasized just how serious when it upheld, in Magana v. Hyundai Motor America, an $8 million default judgment against Hyundai for violating the discovery rules.
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11.25.2009Public Records Act Update: Court Rules That Electronic Public Records May Need to Be Produced in Electronic FormatUpdatesIn Mechling v. City of Monroe, the Washington Court of Appeals ruled that public agencies must provide nonexempt public records in electronic format, upon request, when "reasonable and feasible" to do so.
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11.2009Forecasting Finra's FutureArticles
InvestmentNews
In this article, Pravin Rao and Howard Rosenburg examine FINRA’s background and its traditional role, including its current mandate, how it was formed, and how it is governed. The authors focus the majority of the article on how the current economic crisis and changes in the regulatory and law enforcement framework affect FINRA’s future role. They also discuss previous criticism of FINRA and how the organization has responded and adapted to it. Lastly, Rao and Rosenburg explain FINRA’s future and what can be expected, and detail some specific recommendations for financial services firms to adjust to a new FINRA and renewed regulatory environment. -
10.2009Winning Global Patent Litigation Strategies for the 21st CenturyArticles
Association of Corporation Counsel Docket
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07.28.2009Federal District Court in Dallas Dismisses SEC Complaint Attempting to Broaden Insider Trading Liability Under Misappropriation TheoryUpdatesOn July 17, 2009, a federal district court in Texas dismissed an insider trading suit brought by the Securities and Exchange Commission (SEC) against Mark Cuban, the high-profile owner of the NBA's Dallas Mavericks.
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07.13.2009New Requirements Under SB51 and SB54 LegislationUpdatesFaced with mounting public pressure in the wake of recent scandals, Illinois Governor Pat Quinn is expected to sign several pieces of “ethics” legislation that the General Assembly adopted in May. Two bills, SB 51 and SB 54, which amend the Procurement Code and Lobbyist Registration Act, change the registration and reporting requirements for companies doing or seeking more than $50,000 worth of business with the state and for lobbyists.
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02.10.2009D&O Insurance in a Year of UncertaintyUpdatesWhile the downturn in the economy has adversely affected the sellers of directors’ and officers’ liability insurance – much as it has companies in all sectors of the economy – investing in D&O insurance is still a wise course of action. This Update offers nine suggestions for ensuring that a company’s directors and officers are adequately protected in this environment against potential liabilities that D&O insurance normally would pay.
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02.2009Second Circuit Says No Cutback on Corporate Criminal Liability – Decision Underscores the Importance of Corporate Compliance ProgramsUpdatesIn a closely watched case, the Second Circuit Court of Appeals has refused to cut back on traditional standards for corporate criminal liability. The Association of Corporate Counsel, the U.S. Chamber of Commerce and other groups had asked the court to depart from a century of judicial precedent holding corporations broadly liable for criminal acts committed by employees. The groups argued that such broad vicarious criminal liability was counterproductive and asked the court to bar corporate criminal liability unless prosecutors could show that the corporation lacked an effective compliance program.
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10.2008SEC Enforcement Division Releases Internal Enforcement ManualUpdatesOn October 6th, the Securities Exchange Commission (SEC) released its Enforcement Division manual to the general public for the first time.
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08.30.2007FTC v. Whole Foods: Watch Your Language!UpdatesLast week, a federal court released a public version of its 93-page opinion providing its reasons for denying the Federal Trade Commission's challenge to Whole Foods Markets' acquisition of organic grocer Wild Oats.
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12.18.2006Supreme Court Agrees to Revisit Application of Per Se Rule Against Resale Price MaintenanceUpdatesOn December 7, 2006, the U.S. Supreme Court granted certiorari in Leegin Creative Leather Products v. PSKS, Inc., a potential landmark case challenging the long-standing "Dr. Miles" doctrine condemning resale price maintenance and minimum vertical price fixing as per se violations of Section One of the Sherman Act.
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12.04.2006Financial Reporting Reminder for 2007: Accounting for Uncertain Income Tax Positions Under FIN 48UpdatesPublic companies, and other companies that need audited financial statements, must begin accounting for uncertain income tax positions under a new rule: Financial Accounting Standards Board Interpretation No. 48, which was released in July, and is effective for fiscal years beginning after December 15, 2006. Most reporting companies will implement the new rule for their first quarter 2007 financial statements.
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06.26.2006Document Retention - What You Need to Know NowUpdatesA carefully conceived and well-implemented document retention policy has long been an important component of an effective corporate compliance program. Recent events have made reviewing and updating corporate document retention policies a priority for most companies.
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10.14.2005A Neer Miss for CFOs and CEOs — Federal Court Finds No Private Right of Action Under Sarbanes-Oxley Section 304UpdatesIn the first case to directly address the question, a federal district court has held that private parties have no right to enforce Section 304 of the Sarbanes-Oxley Act of 2002. Neer v. Pelino, No. 04-CV-04791-SD (E.D. Pa. Sept. 27, 2005). Instead, the court held that only the SEC can enforce Section 304.
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08.11.2005California Supreme Court Invalidates Contractual Waivers of Jury TrialsUpdatesIn a decision that broadens the right to a jury trial for parties in California, the California Supreme Court recently held that California courts cannot enforce predispute waivers of the right to a jury trial . The case, Grafton Partners L.P. v. Superior Court, No. S123344 (Cal. Aug. 4, 2005), applies retrospectively to all existing contracts governed by California law and will significantly affect dispute resolution efforts by parties to such contracts.
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04.22.2005Supreme Court Decision Should Help Discourage Abusive Securities Litigation Cases: Dura Pharmaceuticals Inc. v. Broudo Rejects Ninth Circuit's Position on Loss Causation for Securities Fraud ClaimsUpdatesThe pattern is familiar. A public company makes some positive announcements about a product. After some time passes, the company announces bad news about the product, leading to a decline in the stock price.
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02.17.2004Securities and Corporate Governance Litigation Alert: Court Rules That Insurance Carrier May Rescind D&O Insurance Policy After Securities LawsuitUpdatesThe stock market bubble and crash from 1998 to 2001 and the ongoing stream of corporate scandals like Enron, WorldCom and Tyco have put corporate governance under the microscope. The actions of business leaders are now at the lowest levels of trust and highest levels of scrutiny in recent memory.
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12.10.2003Amendments to Federal Sentencing Guidelines Increase Risks and Highlight Areas of Concern for Corporate Compliance ProgramsUpdatesJudges use the Federal Sentencing Guidelines to determine sentences for individuals and corporations convicted of federal crimes. Corporate managers and their advisors can use the Sentencing Guidelines to identify areas of risk, focus compliance programs and underscore to employees the consequences of improper behavior.
Presentations
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11.14.2023
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07.19.2023Perkins Coie Hosts Master’s Conference at Seattle OfficePerkins Coie’s E-Discovery Services & Strategy Group hosted the first Master’s Conference in the Pacific Northwest at the firm’s Seattle office on July 19, 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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03.09.2023The Delicate Task: How To Conduct a Trauma-Informed, Survivor-Centered Internal InvestigationWebinarsOn Thursday, March 9, 2023, Perkins Coie hosted a highly interactive CLE webinar designed by seasoned practitioners who will share best practices and their experiences investigating cases of workplace violence, sexual and racial trauma, and other instances of power-based harm.
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02.24.2022Selling Ahead of Availability: Lessons Learned on Funding, Transparency, and Corporate Governance From the Theranos Saga and Elizabeth Holmes Criminal ConvictionSpeaking EngagementsPanelist
Texas Life Science Forum / Houston, TXBuilding and funding a life science company in a “move fast and break things” culture brings inherent challenges as the pressure to grow competes with the “do no harm” ethic and legal obligations to investors and customers.
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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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04.28.2020Navigating Remote Video DepositionsWebinarsWe have long had the ability to conduct remote depositions, but their popularity has surged during the COVID-19 pandemic.
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04.16.2020Answers to COVID-19 Questions: What We Are SeeingWebinars
This webinar discussed the many matters that businesses in Oregon are addressing as a result of the COVID-19 pandemic. Our attorneys provided answers to questions we have been receiving from our clients.
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04.09.2020 & 04.14.2020COVID-19 Corporate Leader Considerations Two-Part Webinar SeriesWebinarsLeading during a health pandemic requires strength, vision, and an ability to look around corners. Join us for a two-part webinar series that will highlight a variety of risks and opportunities that company leaders should be aware of as we navigate through major business changes.
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03.07.2020Fingerprints, Facial Recognition, Permission? Oh My! Biometric Privacy Coverage Litigation Arriving in Your State Soon…Speaking EngagementsABA Insurance Coverage Litigation CLE Seminar
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12.2019Recent Developments in Commercial Item Contracting - False Claims Act Enforcement Risks Under GSA Schedule ContractsSpeaking EngagementsPanelist
Federal Circuit Bar Association -
10.23.2019Colorado ChIPs Presents: Persuasive Speaking On Your Feet & From Your SeatSpeaking EngagementsColorado ChIPs Event / Denver, CO
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01.31.2019Avoidance Actions: Preference and Fraudulent Transfers (Case Studies)Speaking EngagementsCLE Presentation, Firmwide
A presentation for bankruptcy and non-bankruptcy litigators, as well as transactional lawyers, on evaluating and navigating the contours of fraudulent transfer and preference claims. -
03.07.2018 / 03.14.2018 / 03.21.2018The Keys to Efficient E-Discovery | Unlocking the Door Between Technology, In-House Technology Teams and Law Firm SolutionsSpeaking EngagementsPerkins Coie’s ESS team is partnering with industry thought leaders and discovery professionals to launch a three-part presentation series on the keys to efficient e-discovery.
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06.23.2011Facing a Fraud Investigation – What to do When the Feds Come Knocking at Your DoorSeminarsPerkins Coie co-hosted this event with the Washington Metropolitan Area Corporate Counsel Association (WMACCA) / Washington, D.C.
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10.27.2010Accounting for LawyersSpeaking Engagements
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2010Case Law UpdateSpeaking EngagementsWSBA Trust and Estate Litigation Seminar
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01.20.2010Managing Legal Risks and Expenses in a Tough EconomySeminarsAlthough corporate litigation has always been a cost of doing business, in a tough economy, it can be crippling. A firm's ability to avoid litigation, and, if it comes, to resolve it quickly and cost-effectively often turns on a combination of strategic and administrative decisions the firm makes long before litigation breaks out.
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12.07.2009The Trial of Salim Ahmed Hamdan: Constitutional Challenge to Executive Power and the First War Crimes Trial of a Guantanamo DetaineeSeminarsPerkins Coie lawyers Harry Schneider, Joe McMillan and Charles Sipos provided a behind-the-scenes account of their experience as part of the defense team of lawyers appointed to defend Salim Ahmed Hamdan, widely known as Osama bin Laden's personal driver.