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HTMLCooperate or Terminate: Second Circuit Protects Companies that Terminate Employees for Failure to Cooperate with Investigations
Bruce M. Bettigole, Patricia A. Gorham, James A. Orr, Peter G. Pappas, Amelia Toy Rudolph; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
June 28, 2016, previously published on June 28, 2016
On June 16, the U.S. Court of Appeals for the Second Circuit upheld the right of a company to terminate for cause executives who refuse to cooperate with an internal investigation and remain “silent” even with the specter of criminal prosecution looming.

 

HTMLApple’s Cybersecurity Lockdown The Importance of Company Confidential Information and Usage Policies in the World of Apple Products
BoyarMiller A Professional Corporation;
Legal Alert/Article
June 23, 2016, previously published on February 20, 2016
For a company investigating a potential leak of its confidential information, it is alarming what can be found through the forensic discovery process—that is, when the forensics are being performed on anything other than an Apple product. Customer data on Apple products is notoriously...

 

HTMLChoose the Wording of your Arbitration Clause Carefully — The Texas Supreme Court Sheds Light on Proper Grounds for Vacatur of Arbitration Awards
Christopher P. Hanslik; BoyarMiller A Professional Corporation;
Legal Alert/Article
June 23, 2016, previously published on May 25, 2016
Texas law favors arbitration and a party’s right to contract. Accordingly, meaningful judicial review of an arbitration award is generally difficult to obtain absent express language in an arbitration agreement so providing. Though historically, Texas common-law established grounds for...

 

HTMLThe Implications of the Defend Trade Secrets Act of 2016 Yet Another Route to Pursue a Claim for Trade Secret Misappropriation
Christopher P. Hanslik; BoyarMiller A Professional Corporation;
Legal Alert/Article
June 23, 2016, previously published on May 13, 2016
This week, President Obama signed the Defend Trade Secrets Act of 2016 (“DTSA”) into law. In creating a Federal civil remedy for the misappropriation of trade secrets by way of the Economic Espionage Act of 1996, the DTSA institutes significant changes to trade secret litigation.

 

HTMLBalancing Due Process and Confidential Trade Secrets: The Texas Supreme Court Clarifies the Standard for Corporate Representative Attendance in Judicial Proceedings in Trade Secret Cases
Kasi Nicole Chadwick, Christopher P. Hanslik; BoyarMiller A Professional Corporation;
Legal Alert/Article
June 23, 2016, previously published on May 23, 2016
When a lawsuit is filed against your company, your company is allowed to designate a corporate representative to attend hearings, depositions, and if necessary, trial. Historically in Texas, a designated corporate representative was allowed to attend almost all proceedings in which evidence was...

 

HTMLIs Love All You Need? Supreme Court to Decide Standard for Tipper Liability
Carol Thetford Montgomery; Butler Snow LLP;
Legal Alert/Article
June 20, 2016, previously published on June 8, 2016
In recent weeks amicus curiae briefs have been flooding into the U.S. Supreme Court in the case of Salman v. U.S., an appeal from the Ninth Circuit’s decision in U.S. v. Salman, 792 F.3d 1087 (9th Cir. 2015). The Supreme Court’s decision should clarify a split between the Ninth and...

 

HTMLSupreme Court Rejects Standing Argument in Spokeo, Inc. v. Robins
Melody McAnally; Butler Snow LLP;
Legal Alert/Article
June 20, 2016, previously published on May 18, 2016
On May 16, 2016, the Supreme Court of the United States rejected the standing argument of a “bare procedural violation” advanced by the plaintiff in Spokeo, Inc. v. Robins. The Court reaffirmed that the injury-in-fact requirement means a plaintiff must allege an injury that is both...

 

HTMLNon-Mutual Collateral Estoppel: A Shield, but Now Clearly Also a Sword
J. Bradford McCullough; Lerch, Early & Brewer, Chartered;
Legal Alert/Article
June 19, 2016, previously published on May 27, 2016
Last summer, I reviewed the decision of the Court of Appeals in Shader v. Hampton Improvement Ass’n, Inc., 443 Md. 148 (2015), and the decision of the Court of Special Appeals in Garrity v. Maryland State Bd. of Plumbing, 221 Md. App. 78 (2015), and posed the following question: In addition...

 

HTMLSupreme Court Decision in Spokeo Breathes Life Into Standing Defenses
Kevin M. McGinty; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
June 19, 2016, previously published on May 16, 2016
Court holds that plaintiff must allege a concrete injury to have standing to sue for a statutory violation; remands for further proceedings

 

HTMLFirst Impressions: Third Circuit Rules That a Terminated Collective Bargaining Agreement May Be Rejected Under Section 1113
Mark G. Douglas, T. Daniel (Dan) Reynolds; Jones Day;
Legal Alert/Article
June 15, 2016, previously published on May/June 2016
In In re Trump Entm’t Resorts UNITE HERE Local 54, 810 F.3d 161 (3d Cir. 2016), the U.S. Court of Appeals for the Third Circuit answered a question of apparent first impression among the circuit courts of appeal by ruling that section 1113 of the Bankruptcy Code permits a bankruptcy trustee...

 


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