CLE

Today's legal landscape presents a higher degree of complexity and challenges for antitrust class action certifications. Several legal and economic issues that require crucial understanding and analysis of the law pose risks for businesses and practitioners alike. Furthermore, with the recent decisions and ongoing court cases constantly shifting the process, it is becoming more imperative for companies and their counsel to be conversant with the latest trends and developments in class certification rules and provisions.

Effective management of patent portfolios can substantially boost a company’s bottom line. Businesses can realize their patent portfolio’s value more if they have a sound management plan.

The U.S. Securities Exchange Commission (SEC) continues its scrutiny on cryptocurrencies. In its January 7 announcement, SEC’s Office of Enforcement Inspections and Examinations (OCIE) added fintech, including digital assets, to its annual priority list in the coming fiscal year. In line with this, the division will continue to prioritize the analysis of certain activities and products which are believed to pose risks to investors as well as the reputation of the U.S. capital markets. Examinations of these focus areas are designed to support the SEC's mission to protect investors, promote capital formation, and keep markets fair and effective.

Three significant Employee Retirement Income Security Act (ERISA) cases will be brought before the U.S. Supreme Court in its 2019-2020 term and ERISA attorneys are encouraged to gear up for an exciting year.

Data breaches in the U.S. have shown no signs of slowing down in the last several years, neither have the wave of class action cases associated with these. Recent breaches include some of the largest companies such as LifeLabs, Yahoo, Equifax, and Google LLC. Such breaches, as well as the infringements incorporated with it, can impose tremendous burdens on banks and credit card companies that have to respond to a flood of fraud claims and canceled cards.

Inter Partes (IPR) and Post Grant Reviews (PGR) have become an essential part of the patent litigation battlefield.  With Patent Office priorities and Federal Circuit decisions such as Arthrex, Inc. v. Smith & Nephew, Inc. constantly changing the landscape for these proceedings, it is imperative for all patent litigants to be well-versed with recent Federal Circuit decisions as well as recent decisions that the Patent Office has designated Precedential or Informative.

Consumer surveys are one of the most powerful tools available in trademark or trade dress infringement cases, deceptive advertising, class action cases, and many other types of litigation. Yet despite the success of surveys in bringing about favorable settlements, many attorneys are still not familiar with the basics of consumer surveys and how they can be used.

As trends and developments in the mergers and acquisitions (M&A) market continue to totter, deals and transactions are up for another bustle of activities. Although M&A activities in 2019 are lesser compared to the previous years, dealmakers must properly navigate lessons learned to ensure excellent deal results in 2020. Additionally, a seamless M&A transaction management is another essential factor to be carried out.

Diversity and Inclusion (D&I) is becoming an essential factor in workplace management. An inclusive corporate culture makes everyone feel valued, thus, boosting employee engagement and experience. D&I is also credited for improving corporate innovation and bottom line thru higher performing and more creative workforce.

Staying compliant with the evolving regulatory landscape of Anti-Money Laundering (AML) and the Bank Secrecy Act (BSA) has always been challenging. With the passage of the National Defense Authorization Act (NDAA) for the fiscal year 2021, increased scrutiny and heightened penalties are expected. Amidst these changes, financial institutions also grapple with imminent credit and liquidity risks which, if not mitigated, could significantly affect operations and revenue.

There are two kinds of trials in the U.S. — bench trials and jury trials. Unless a party asks for a jury, civil cases that proceed to trial will most likely be tried without a jury. This is even more so now that courts are postponing jury trials to help stem the spread of the coronavirus in the country.

Due diligence in merger and acquisition (M&A) transactions does not only involve the financial aspects of the deal. Although often overlooked, information technology (IT) is also a critical part of the process. With industries’ growing implementation of various disruptive technologies such as analytics, artificial intelligence, and big data, IT due diligence has never been more relevant.

Well-developed policies and procedures often provide an advantage in handling complex government investigations. However, with the new legal developments shaping the landscape along with the implementation of remote procedures due to the pandemic, unique challenges and complexities have started to emerge.

Per- and polyfluoroalkyl substances (PFAS) continue to be the hot-button issue in environmental law, with increasing regulation at the state and federal level and tens of billions of dollars in litigation at stake.  While much of the focus has deservedly been on evolving liability considerations, PFAS are also becoming subject to a wide array of mandatory reporting and notification requirements with major compliance and business implications. 

As the volume of merger activities increases, regulators are also intensifying their crackdown on potential antitrust violations. Recognizing the insufficiency of traditional market share measures in revealing the potential competitive impact of a planned merger, governments and parties are now shifting to the assessment of purchasing decision processes instead. Customer surveys, carefully done, can provide a better way to understand consumer behavior and predict market outcomes post-merger.