Topic: Supreme Court

JD Supra Corporate Brief: HSR Compliance, WTO Disputes, NLRB Appointees, FERC Fines

This Friday? Iced coffee to go with your JD Supra Corporate Brief. And no need to heat up that scone… Awesome video: assignment in a merger / change of control, by Richard Hsu (Shearman & Sterling) Those Hart-Scott-Rodino reporting requirements? Turns out the feds are serious about compliance… (Morrison & Foerster) Less than one year… Read more »

JD Supra Corporate Brief: Internal Controls, Broker Dealers, Unfair Competition, Conflict Minerals

Is it just us, or is it getting really hot in here? But don’t worry – the heat wave should break by before the weekend. Until then: stay cool, drink lots of liquids, and read the JD Supra Corporate Brief: M&A risks: all too often executives ignore ethics and compliance issues and focus mainly on… Read more »

Inevitable? Supreme Court Myriad Ruling Leads to Challenge of Human Stem Cell Patent

When the Supreme Court ruled last month that human genes were not patent eligible, writes attorney Antoinette Konski of Foley & Lardner: “[m]any in the biotech community were relieved that the Supreme Court in Myriad limited its holding of patent-ineligibility to isolated, naturally-occurring genes. However, patent practitioners cautioned that Myriad’s holding could potentially be applied… Read more »

JD Supra Corporate Brief: Fair Working Conditions, WARN Act Notices, Deferred Employee Compensation, Human Gene Patents

It’s Friday, and here at the JD Supra Corporate Brief, that means an extra Danish on the way into the office. Care to join us? How can multinationals ensure fair working conditions for workers on the other side of the globe? (NAVEX Global) The exemption from WARN Act notices for companies in Chapter 11 just… Read more »

JD Supra Corporate Brief: Investigative Crises, Drug Names, Paper Shredders, Washing Machines

Happiness is a warm JD Supra Corporate Brief: “Knock, knock.” “Who’s there?” “The federal government, with a search warrant – do you know what to do?” (DLA Piper) Maybe it would be easier if we only used the first 23 letters of the alphabet to name our products… (Foley Hoag) Federal contractors take note: if… Read more »

JD Supra Corporate Brief: Minimum Contact, CEO Depositions, Chapter 11, Cybersecurity Update

Law news on the go: the JD Supra Corporate Brief. It’s the perfect companion for the morning’s commute, particularly when enjoyed with a blueberry scone and a large cappuccino… “Minimum contact” can mean the difference between the second-highest penalty in FCPA history and an acquittal… (Saul Ewing) Even the most senior corporate officers – CEO,… Read more »

Did the Supreme Court Just Give Employers A New Tool to Fight Wage & Hour Claims?

“… [the case] demonstrates how the court system is grappling with an increasing number of wage & hour claims that threaten to overwhelm the system…” (Pullman & Comley) Did the Supreme Court just give employers a new tool for fighting Fair Labor Standards Act class-action lawsuits? From Todd Steenson at law firm Holland & Knight:… Read more »

In Comcast v. Behrend, Supreme Court Ups the Ante for Class-Action Certification

Earlier this week, the Supreme Court issued a ruling that should change the nature of class-action lawsuits in the United States. In Comcast v. Behrend, more than two million current and former Comcast customers sought class certification to sue the cable company for overcharging its subscribers. The issue before the court? Joshua Roberts at law… Read more »

Supreme Court Strikes Blow to Class Action “Forum-Shopping”

“At issue in Standard Fire Insurance Co. v. Knowles was the transparent attempt by a named plaintiff to ouster federal court jurisdiction by ‘stipulating’ that the damages sought through a class action complaint would not exceed the $5,000,000 minimum jurisdictional limit of CAFA.” (Barger & Wolen) On March 20, 2013, the Supreme Court handed down… Read more »

[Video] Corporate Law Report – On SEC News

Welcome to the latest edition of the Corporate Law Report. You know what to do: Watch the video overview above and, for any topics that interest you, go deeper with the legal analysis and commentary below>> 1. Gabelli v. SEC: Supreme Court in Gabelli: Clock Starts Ticking When Fraud Occurs, Not When It’s Discovered –… Read more »

Supreme Court Confirms Five-Year Statute of Limitations for SEC Penalties

“… the only federal crimes that have no statute of limitations are capital offenses that warrant the death penalty and certain terrorism, child abduction, and sex offenses. If the SEC were allowed an indefinite period of time in which to bring enforcement actions, the fraud alleged in those cases would be on par with the… Read more »

SCOTUS Says Nike’s Promise to Not Sue Renders Trademark Lawsuit Unnecessary

Earlier this week, the U.S. Supreme Court ruled that a promise not to sue a competitor for infringing its trademark means that Nike won’t have to face a lawsuit challenging the validity of that mark. Michael Boudett of law firm Foley Hoag explains: “Nike, having sued competitor Already LLC for infringing its marks, later issued… Read more »

Health Insurance Exchanges after the Obamacare Ruling

Last week’s U.S. Supreme Court ruling on the constitutionality of the Patient Protection and Affordable Care Act means that states will need to act quickly to develop health insurance exchanges as mandated by the law. From law firm McKenna Long: “With the ACA emerging relatively unscathed in the Supreme Court’s ruling, exchange planners have a… Read more »

What the Health Care Ruling Means for the Insurance Industry – Obamacare Analysis

Last week’s U.S. Supreme Court ruling on the Patient Protection and Affordable Care Act provided insurance companies with a greater degree of certainty regarding health care reform than they have had since the act was first signed into law. Although legislative and legal challenges to the reforms continue (see updates by Patton Boggs and Littler),… Read more »

What the Obamacare Ruling Means for Health Care Providers

“Like insurance companies, institutional providers have devoted substantial effort and resources to preparing to comply with the Act’s requirements… Indeed, prior to the Court’s opinion, many institutional health care providers argued in favor of upholding the Act because the projected expansion of coverage to 30 million additional Americans would result in additional revenue for the… Read more »