Tag Archives: Litigation

Supreme Court Again Tightens Jurisdictional Requirements for Claims Against Out-of-State Defendants

On June 19, 2017, the U.S. Supreme Court announced important constitutional limitations on state courts’ ability to exercise specific jurisdiction over nonresidents’ claims against out-of-state defendants. The Court’s nearly unanimous decision in Bristol-Myers v. Superior Court has potentially far-reaching implications for companies facing claims brought by nonresident and resident plaintiffs in states in which those companies are neither incorporated nor maintain their principal place of business.… Continue Reading

ALJ Says Company’s Neutral Reference and Press Inquiry Policies Violate NLRA

A recent decision by an administrative law judge concerning the policies in the employee handbook of a nonunion real estate management company, takes an expansive view of what constitutes "concerted activity" under the NLRA and which employer policies could be interpreted to obstruct employees’ right to engage in concerted activity. … Continue Reading

Global Ransomware Attacks Raise Key Legal Considerations

On May 12, 2017, a massive ransomware attack, known as “WannaCry,” began affecting tens of thousands of computer systems in over 100 countries. These types of incidents can have significant legal implications for affected entities and industries for whom data access and continuity is critical. As affected entities work to understand and respond to the threat of ransomware, we address some of the key legal considerations.… Continue Reading

Eleventh Circuit Finds Restraint on Product Labeling Violation of First Amendment

Recently, in a case that should remind retailers and their suppliers to consider their First Amendment rights as they relate to the regulation of product labeling, the Eleventh Circuit Court of Appeals held that the actions of the Florida Commissioner of Agriculture and the Chief of the Florida Bureau of Dairy Industry violated a dairy company’s First Amendment rights relating to use of the term “skim milk.”… Continue Reading

Washington State Passes New Legislation on Collection and Use of Biometric Identifiers

On April 18, 2017, the state of Washington passed House Bill 1493, which sets forth requirements for businesses who collect and use biometric identifiers for commercial purposes. Under HB 1493, a biometric identifier includes a fingerprint, voiceprint, retina, iris or other unique biological patterns or characteristic used to identify a specific individual.… Continue Reading

2017 Conflict Minerals Update

With less than two months before the deadline for public companies to report to the SEC on the inclusion of conflict minerals in their products, the U.S. District Court entered a final judgment in the litigation surrounding the SEC conflict minerals rule. Continue reading for a summary of legal developments over the past year and compliance suggestions for next year.… Continue Reading

Heightened Audit Risk for Users of mySAP ERP and Other SAP Products

Emboldened by its recent victory in SAP v. Diageo, SAP may become even more opportunistic when it comes to auditing its customers’ use of various SAP products. Now is the time for SAP customers to review their existing contracts with SAP (and related technical solutions) to determine whether they are at risk for claims by SAP of impermissible indirect access and use of SAP products. … Continue Reading

TCCWNA Updates

TCCWNA case law has continued to develop with no end in sight. Recently, courts have grappled with definitional questions that could impact the scope of the law and affect sellers of consumer goods and services.… Continue Reading
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