633 items, 20 items per page
- The Bipartisan Budget Act of 2015 (11/2/2015) includes a rare bipartisan amendment to the Affordable Care Act (ACA). The ACA would have required that employers with 200 or more full-time employees auto-enroll their full-time employees in health coverage.
- Executives from top businesses around the world have weighed in, and they have indicated that the top risk for their respective companies is their reputation.
- With cybersecurity as THE hot button issue in bank and thrift risk management right now, and of course to help the industry celebrate “National Cybersecurity Awareness Month” (who knew?), bankers and their boards should take advantage of the FDIC informational teleconference on cybersecurity issues being held on October 28, 2015.
- Whitney Gibson and Jordan Cohen co-authored an article for the Bloomberg/BNA Electronic Commerce & Law Report titled “Favorable Ruling for Critics of Section 230 of the CDA in Washington Case.”
- Last month, the Federal Trade Commission (FTC) filed suit in the Middle District of Florida against two companies and their principals over a “gag” clause aimed at preventing negative reviews.
- The Delaware Court of Chancery is considering an argument that a hyperlink to an allegedly defamatory article, for purposes of overcoming a statute of limitations defense, constitutes republication.
- Many businesses today are finding their products being sold online without their permission, often on third-party websites. While the First Sale Doctrine generally permits buyers to resell others’ trademarked goods without incurring any liability, it does not apply when a reseller sells goods that are materially different from the genuine goods sold by a trademark owner.
- There are three federal wealth transfer taxes: (1) the estate tax; (2) the gift tax; and (3) the generation-skipping transfer (GST) tax.
- Last week, the Washington Supreme Court handed down a favorable ruling in a case turning on the application of the federal Communications Decency Act of 1996 (CDA) – favorable, that is, for those seeking to hold websites accountable for certain harm arising out of content published on their sites.
- Outside of handling internet defamation matters and protecting businesses from product diversion/unauthorized online sales, we are often asked about a number of other internet-related issues, including removing intellectual property (IP) infringement from social media websites.
- According to a recent survey, more consumers are reading online reviews, they are forming opinions based on those reviews quicker, they are paying close attention to star ratings, and – in general – they are highly trusting of online reviews.
- Whistleblower Defense Alert: D.C. Circuit Upholds Assertion of Privilege as to Internal Investigation Documents in FCA SuitOn Tuesday, August 11, 2015, the United States Court of Appeals for the District of Columbia Circuit released a decision upholding an assertion of privilege by Kellogg Brown and Root, Inc. (KBR) over internal investigation documents in a FCA suit alleging kickbacks and overbilling on Iraq war subcontracts.
- On August 5, 2015, the SEC voted 3-2 to adopt the final pay ratio disclosure rules imple¬menting Section 953(b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the Dodd-Frank Act).
- Vorys attorneys Daniel Buckley, Lisa Babish Forbes and Elizabeth Weinewuth authored an article for the Probate Law Journal of Ohio titled “Newcomer V. National City Bank Appeal Concludes, Affirms Important Guidance for Ohio Trustees.”
- Whistleblower Defense Alert: Three Questions Every FCA Defendant Should Ask To Evaluate Whether Claim Preclusion Can Fill The Gap Created By The Supreme Court’s Interpretation Of The First-To-File RuleA decision last week in an FCA case in Pennsylvania confirms that the FCA’s first-to-file bar has been weakened. See U.S. ex rel. Boise v. Cephalon, Inc., No. 08-CV-287 (E.D. Pa.). The court in the Cephalon case confirmed that the Supreme Court’s decision in Kellogg Brown & Root Servs., Inc. v. United States ex rel. Carter means that the first-to-file bar does not apply when a previously filed case is no longer pending.
- In mid-2000, the SEC adopted Regulation FD to protect investors by creating a level playing field for all investors for access to material, nonpublic information. The SEC’s primary concern was that selective disclosure, and the perception of selective disclosure to analysts and institutional investors, of material, nonpublic information, leads to a loss of investor confidence in the integrity and fairness of the securities markets.
- On June 9, 2015, the Federal Reserve, OCC and FDIC (as well as the SEC, CFPB and NCUA) issued a final interagency joint policy statement (JPS) establishing standards for assessing the diversity policies and practices of the entities they regulate.
- Imagine the following scenario: your bank has just announced an agreement to be acquired by a larger institution that is entering your market for the first time. Two months into the process your CEO, CFO and chief lender tell the board that they have decided to accept offers from local competitors because (a) they will make more money, (b) they have a built-in customer following and (c) despite good relations with the buyer they are uncertain as to their future and have families to consider.
- As the M&A environment heats up and industry chatter increases, banks and their boards need to be prepared to take advantage of strategic opportunities. Boards should have an M&A strategy in place and this preparation needs to take place before the situation arises.
- Google, the United States and the EU ‘Right to Be Forgotten’: Strategies for Removing Harmful Google Search ResultsIn May 2014, the Court of Justice of the European Union ruled that individuals have the right to ask Google to remove certain search results about them. This “Right to Be Forgotten,” as it is popularly known, has led to nearly 290,000 removal requests and counting, with Google having evaluated well over a million URLs to date.