The concept of corporate legal separateness has long been a fortress protecting affiliated business entities such as parents, subsidiaries, and sister companies from various kinds of liability and litigation. However, how much protection does such legal separateness offer the information
Minding Your Business
Proskauer’s perspective on developments and trends in commercial litigation.
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Are Eminem and Too $hort Too Offensive for the Workplace?
There is a time and place for everything, or so they say. Eminem and Too $hort are both somewhat polarizing artists. From songs such as Eminem’s “Cleaning Out My Closet” to Too $hort’s infamous “Blow The Whistle”, some of their…
Reform of the English Arbitration Act 1996 – The Law Commission’s Final Report
The Return of the Video Privacy Protection Act (VPPA)
This year has seen a tremendous spike in the number of cases alleging violations of the Video Privacy Protection Act (“VPPA”), 18 U.S.C. § 2710, a statute enacted in 1988 in response to the Washington City Paper’s publication of a list of films…
Game On! Microsoft and Activision Deal is One Step Closer to Actual Reality
On January 18, 2022, Microsoft’s acquisition of Activision, one of the world’s most-valuable gaming companies, was announced. In April 2023, the United Kingdom’s Competition and Markets Authority (CMA) blocked the deal on concerns that the deal could “alter the…
States and Healthcare Leaders Must Respond to New Health Equity Regulations
This year, the federal government’s new health equity regulations began taking effect. The regulations represent the government’s increased commitment to health equity advancement as a major part of its regulatory enforcement. As these changes go into effect, states and businesses…
FTC Continues to Stake Out Role as Key AI Regulator
While speaking at the annual conference of the National Advertising Division on September 19, 2023, the Federal Trade Commission (“FTC”) announced a generative AI (“AI”) policy that is consistent with Chairwoman Khan’s focus on the perceived harms to consumers…
Two Reminders of The Importance of Clear Drafting: PA(GI) & Drax
Two of the most common queries Proskauer’s UK litigation team is asked to advise upon are (i) the interpretation and scope of indemnities and (ii) liability caps. Over the summer, the English Courts handed down two judgments that focus on…
Second Circuit Affirms Bankruptcy Courts’ Inherent Authority to Impose Civil Contempt Sanctions
Addressing an issue of first impression, the Second Circuit held recently that bankruptcy courts have inherent authority to impose non-nominal civil contempt sanctions, including per diem sanctions and attorneys’ fees, arising out of an attorney’s failure to comply with the…
Federal Court Upholds Arbitral Award Despite Failures to Disclose Potential Bias
The Eleventh Circuit upheld an arbitral award last month despite the arbitrators’ failure to make certain disclosures regarding potential sources of bias. The litigation involved a dispute between the Panama Canal Authority, the government agency responsible for the operation and…