The evolving standards for antitrust class certifications continue to pose challenges for litigators. Further shaking up the legal landscape are the noteworthy developments involving several cases such as Comcast, Rail Freight, and Hyundai II. Issues ranging from uninjured class members to representative evidence are also the subjects of many antitrust cases’ class certification analyses today.
The rise of e-commerce in recent years had significantly helped businesses to gain better customer engagement and, thus, improve bottom lines. However, along with the surge of business opportunities on the internet, is the influx of criminals selling fake products and standing up brand infringing sites used for stealing credentials and propagating scams.
Lenders have always been faced with significant dilemmas when it comes to borrowers that fail to make payments. The severe impact of the COVID-19 pandemic on the economy further intensified this existing difficulty as waves of loan defaults hit creditors. Although it would be reasonable for lenders to proactively mitigate potential risks of loss, any efforts to engage with their borrowers should be done with prudence so as not to expose themselves to lender liability claims.
Group health plans are governed by a number of state and federal laws including, but not limited to, Health Insurance Portability and Accountability Act (HIPAA), Employee Retirement Income Security Act (ERISA), and Consolidated Omnibus Budget Reconciliation Act (COBRA).
Calculating lost profits in a construction dispute is an important factor to prove and recover claims of lost profits damages. However, this process presents a wide array of complexity and challenge for both parties as it requires thorough and accurate analyses of evidence presented. The implementation of an appropriate calculation methodology must also be carefully considered.
Cyber insurance has been valuable in covering non-physical losses in commercial contracts. Significantly, as cases of cyber threats continue to proliferate, many contracts now contain a sub-clause on cyber coverage which protects businesses from damages brought by data breaches and computer attacks. Cyber insurance also provides coverage for regulatory investigations as well as for third-party claims.
This webinar will cover the topic of force majeure provisions in commercial contracts, with a focus on real estate, the “test” for whether force majeure can be invoked, and steps that parties may take to safeguard their positions in view of the continually evolving situation. This interactive session will include time for your questions and, hopefully, answer the question of whether a tenant can, indeed, stop paying rent.
In response to the economic challenges brought by the COVID-19 crisis to the executive compensation landscape, significant enforcement actions from the Securities and Exchange Commission (SEC) and International Shareholders Services (ISS) concerning design, implementation, and disclosure are expected to bring complexities to businesses.
With today’s major economic recession faced by businesses due to the ongoing COVID-19 crisis, the Employee Stock Ownership Plans (ESOPs) continues to be an attractive option for companies seeking to address the need for succession planning to sustain competitive advantage in the market and looking to provide their employees with an ownership interest through a retirement plan.
Intensified antitrust merger enforcement is expected to continue under the Biden Administration in 2021 and beyond. As the Trump administration winds down, companies contemplating mergers and acquisitions must prepare for antitrust scrutiny going forward, including the potential for more aggressive merger enforcement under the Biden administration, close scrutiny of acquisitions of nascent competitors, multi-jurisdictional analysis, increased scrutiny for financial investors.
Accounts payable (AP) automation has continuously created positive buzz across industries in recent years. Along with its upward trend is the growing prominence of electronic invoicing or e-invoicing, an effective and efficient way of extracting and validating vast volumes of invoices received daily from different sources and in varied formats. As simpler platforms, e-invoicing and AP automation help companies – big or small – to eliminate the burden of costly and laborious manual processing.
With today's rapidly evolving legal and political landscape, complicated by the COVID-19 crisis, the Department of Justice’s (DOJ) Antitrust Division and the Federal Trade Commission (FTC) continue to aggressively enforce the antitrust laws across industries to respond to concerns about rising prices, loss of choice and privacy, and industry consolidation.
Issues on Section 101 patent eligibility have been significantly important, both for patent owners and defendants in patent litigations. With notable court decisions, such as American Axle, continuously raising the bar in this area of law, it is expected that developments under 35 U.S.C. § 101 will likely continue to bring complexity and challenges to inventors, owners, litigating parties, and applicants alike.
When conducting internal investigations, companies face a myriad of complex and sensitive issues, including confidentiality, attorney-client privilege, and conflicts of interest. Adding to these issues are the new and evolving challenges arising from the COVID-19 pandemic. With internal investigations being conducted remotely, evidence collections and witness interviews have become more difficult to arrange.
At the onset of the COVID-19 pandemic, many organizations were forced to make the shift to virtual operations. With very short notice, companies had to adopt digital processes to meet new consumer needs and accommodate a digital workforce. This sudden change has left many businesses in a digital transformation limbo with some critical business processes converted into digital workflows while other processes remain paper-based.
