Environmental, social and corporate governance – like climate change and environmental justice – has been a hot topic of discussion in the early days of the Biden administration. Illustrating the interconnectedness of the trending issues, climate change and environmental justice are pillars of ESG.
Continue Reading Environmental, Social and Corporate Governance: What are the Risks, Really?

For over 30 years, most district courts throughout the country have used a two-step conditional certification process to govern certification of collective actions under the Fair Labor Standards Act.  But in a recent and game-changing opinion, the Fifth Circuit rejected that two-step process and laid out a stricter framework for FLSA collective actions.
Continue Reading Fifth Circuit Rejects Two-Step FLSA Certification Process

On November 26, 2020, the French Data Protection Authority announced that it imposed a fine of €2.25 million on Carrefour France and a fine of €800,000 on Carrefour Banque for various violations of the EU General Data Protection Regulation and Article 82 of the French Data Protection Act governing the use of cookies.
Continue Reading CNIL Fines Two Companies of the Carrefour Group €3.05 Million for GDPR and Cookie Violations

Only a few states have issued guidance on the sales tax treatment of digital currency transactions. On November 2, 2020, Kansas joined this group, with Notice 20-04, Sales Tax Requirements Concerning Digital Currency Under the Retailers’ Sales and Compensating Tax Acts, issued by the Kansas Department of Revenue.
Continue Reading Kansas Issues Sales Tax Guidance on Digital Currency

Under the Toxic Substances Control Act, EPA imposes numerous regulatory obligations on the domestic manufacturer and importer of industrial chemicals. If your company engages in either of these activities, you may have imminent reporting obligations under the TSCA Chemical Data Reporting rule.
Continue Reading Chemical Manufacturers and Importers Take Note: TSCA Chemical Data Reporting Rule Submissions on Production, Distribution, and Usage Data are due to U.S. EPA by November 30, 2020

In-house lawyers know that an email is not automatically cloaked in privilege just because a lawyer receives it. But when exactly are communications and information privileged, and when are they not? Are there risks for inadvertent waivers that an in-house lawyer might not be thinking about? And could remote work affect privilege? This article outlines what an in-house lawyer should know about the attorney-client privilege and work-product doctrine and the top four things that in-house lawyers should communicate to clients about protecting privilege.
Continue Reading It’s a Privilege, Not a Right: Best Practices for the In-House Lawyer