Corporate & Commercial

Disclosure of Electronically Stored Information (“ESI”) has become a staple in commercial cases.  Of course, with the vast number of documents and ESI being reviewed and the increased complexity in the review process, the risk of inadvertent production of privileged information is at its highest.  View Full Post
Impact of Tax Reform on Public Company Executive Compensation As you probably know, both the House and Senate have passed tax reform bills. Whether the two bills will be able to be harmonized and passed into law remains to be seen. Both bills include changes that will have a significant impact on a public company’s ability to deduct compensation paid to top executives in years 2018 and beyond, as described below. View Full Post
Yet Another Data Breach-Related Securities Suit Filed While commentators (like me) were predicting a blitz of data breach-related D&O litigation, the anticipated onslaught failed to materialize. The few cases that were filed –in the form of shareholder derivative suits — were unsuccessful. More recently, however, plaintiffs’ lawyers have been taking a different approach to data breach-related D&O lawsuits, filing their cases in the form of securities class action lawsuits. View Full Post
If You Operate a Website, Don’t Miss the 12/31 Deadline to Update Your DMCA Notice On Fox’s Franchise Law Update blog, partner John Gotaskie recently discussed an important upcoming deadline for businesses, including emerging companies, and entrepreneurs that operate websites that accept user-generated content: If your franchise–or your franchisees–operate a website that accepts user-generated content, NOW is the time to contact the Copyright Office. View Full Post
Product liability defendants often seek to remove cases to federal court. That’s because federal jurisdiction provides the federal pleading standards, robust expert discovery, efficiency through uniform procedural and evidentiary rules, and often more diverse jury pools. Sometimes defendants can use removal to leverage early case resolution. View Full Post
Foreign Whistleblowers Continue to Collect Lucrative Bounties under Dodd-Frank On December 5, 2017, the U.S. Securities and Exchange Commission (SEC) issued an order awarding more than $4.1 million to a whistleblower who voluntarily provided original information to the agency concerning a widespread, multi-year securities-law violation.  The  award was paid pursuant to the SEC’s Whistleblower Program under the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank).  View Full Post
Two weeks after reports emerged that a new director of the Office of Federal Contractor Compliance Programs (“OFCCP”) had been appointed, according to the OFCCP’s website, Ondray T. Harris has been appointed as the next director of the OFCCP.  The OFCCP’s website lists former Acting Director Thomas Dowd as the Deputy Director of the agency, while Craig Leen, who was previously reported to have been appointed the OFCCP’s director, is listed as the agency’s Senior Advisor. View Full Post