Featured Articles
Get the Front Page News
Receive LexBlog Front Page Updates by email
Latest Articles
Civil Litigation
September MJVR Preview
Here is a preview of the September 2018 issue of the Miss. Jury Verdict Reporter:
- $2,208,311 verdict- Lowndes County medical malpractice trial covered here (8/31/18);
- $235,000 verdict- Madison County negligent
Judge Rakoff Grants Sanctions for “Objector Extortion” in Proposed Class Action Settlement
Yesterday, Judge Rakoff sanctioned an attorney for an objector to the $3 billion Petrobras securities litigation settlement (see our full coverage of the Petrobras litigation here). Judge Rakoff had
Class Actions in Europe: “Collective re-dress: all talk and now trousers”
Some years back, a few people (including me, in 2010) bucked conventional wisdom and predicted the rise of class actions in Europe. See, for example, my 2010 post at https://www.globaltort.com/2010/03/be-careful-what-you-wish-for-in-litigation-might-that-rule-apply-to-the-iqbaltwombly-pleading-standard/.
Judge Castel: Attorney Review of Draft Corporate Documents Is “Prudent,” Not “Subterfuge” to Evade Discovery
In an opinion yesterday, Judge Castel denied in part a motion to compel certain drafts of sales and marketing documents withheld as privileged in an antitrust case. The plaintiff argued
Don’t Bank on it Just Yet: Financial Services Uncertainty in the Cannabis Industry
As of September 2018, nine states, including the District of Columbia, allow adult-use (recreational) marijuana and thirty-one states have adopted laws legalizing the sale and use of medical marijuana. The
Toxic Trio – # 3 – Formaldehyde – Per Allianz and Praedicat
As pointed out in Tuesday’s post (September 18, 2018), Praedicat and Allianz recently published facts and assessments on a “toxic” trio associated with some cosmetics. Again, this is an innovative
Corporate & Commercial
English High Court Confirms the Strict Duty of Full and Frank Disclosure
English High Court confirms that without notice applicants are under an onerous duty to satisfy the requirement of full and frank disclosure.
Italy to Complete Implementation of the Market Abuse Regulation
Legislative Decree 107/2018 clarifies new reporting obligations, disclosure obligations, and sanctions, effective September 29.
By Antonio Coletti and Isabella Porchia
Italy has published in the Italian Official Gazette Legislative Decree
Tenth Circuit: Later Lawsuit Interrelated with Earlier SEC Investigation
As I have noted in earlier posts, questions of whether or not two sets of circumstances are interrelated for purposes of determining insurance coverage can be vexing; at a
OFCCP Issues New Directive Addressing “Transparency In OFCCP Compliance Activities”
Quick Hit: OFCCP has issued Directive 2018-08 (the “Directive”) which sets forth new policies and procedures for OFCCP compliance evaluations. The Directive contains numerous specific rules and procedures
Argentina introduces VAT on digital services
Argentina’s new Law 27,430 introduces a new taxable event: a Value Added Tax (hereinafter VAT) applicable to the importation of “digital services” rendered by a non-resident
Russia Sanctions Updates
The past two weeks have seen a number of developments with respect to U.S. sanctions relating to Russia, as the Trump administration has (1) taken additional steps to ameliorate adverse
Employment & Labor
2018 – How Far Have We Really Come in Learning About Sexual Harassment and Assault? The U.S. Senate is Showing Us.
On Sunday night, the New Yorker published a piece by Ronan Farrow and Jane Mayer regarding sexual assault allegations against U.S. Supreme Court nominee, Brett Kavanaugh, from his freshman year
Recent Decision Questions Use of No-Poach Clauses in Franchise Agreements
States across the country have been using enforcement actions, legislation, and interpretive guidance to limit employers’ ability to enforce restrictive covenants against low wage workers. The recent decision
Antitrust Scrutiny of No-Poaching Agreements Continues to Pick Up Steam
To most people, “poaching” is a bad thing, connoting a mix of elephant hunting and mediocre eggs. But in labor and employment—where “poaching” means recruiting away another employer’s talent—antitrust regulators,
Incentive Compensation That is Never Subject to Income Tax – Too Good to Be True?
Clients frequently ask if they can provide incentive compensation to their employees and executives in a manner that gives them flexibility and drives performance, but receives coveted capital gains treatment.
Time to Update Those Background Check Notices
The Consumer Financial Protection Bureau (“CFPB”) has issued a new notice to be issued by applicants and employees who will be subject to background checks. Employers should begin using the
California Legislature Says Recordkeeping Violations Not Subject to Six-Month Statute of Limitations
Beginning in 2019, employers in California will now be on the hook for recordkeeping violations well beyond the six-month statute of limitations. Bill Number AB 2334 (Occupational injuries and illnesses: employer