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.
The litigation funding landscape remains highly active as more legal and corporate companies turn to litigation finance in resolving disputes. Significantly, several risk issues were opened because of the absence of clear regulatory guidance for the effective use of litigation finance. The ongoing pandemic has also added to the complexity of this area.
Lawsuits against employers allegedly violating the Fair Credit Reporting Act (FCRA) when conducting employee background checks have been continuously increasing. One of the factors behind this significant shift includes the highly technical FCRA requirements that are oftentimes prone to violations.
The shift of administration has prompted sweeping changes in the U.S. environmental regulations. Several regulatory revamps with a significant focus on climate change, environmental justice, chemical regulation, and water regulation have already been noted at both state and federal levels. Similarly, heightened environmental inspections and enforcement are expected in the coming months. Thus, the need for regulated industries to keep themselves abreast of current and emerging developments. They must also implement thorough protocols and compliance programs to avoid legal liabilities.
Trade secrets are considered as one of the most valuable assets in any company and the need to effectively manage and protect these must be prioritized at all times. However, as companies continue to grapple with remote work arrangements, taking reasonable management and precautions for trade secrets has become more complex and challenging.
No-poach agreements have been in the crosshairs of antitrust regulators since the issuance of the Antitrust Guidance for Human Resource Professionals in 2016. In the said guidance, the Department of Justice (DOJ) and the Federal Trade Commission (FTC) indicated their intent to criminally prosecute companies and employers that enforce no-poach agreements and other labor contracts which are considered illegal under antitrust laws. The agencies recently brought criminal indictments in keeping with their promise.
Depositions play a crucial role in insurance coverage disputes, especially in cases involving bad faith claims. However, taking or defending against bad faith claims in an insurance dispute can be tricky. Thus, the need for policyholders and insurers to develop an efficient deposition strategy.
