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For the purposes of determining the incidence of costs under Buckton, the fact that the relief sought is strenuously opposed by a party and comments are traded that some might perceive as "hostile" does not mean that a...more
On the 100th anniversary of the Federal Arbitration Act, it is worth recalling that the law was enacted in 1925 in response to what the U.S. Supreme Court later called, in its 2011 opinion in AT&T Mobility v. Concepcion,...more
The SEC has declared its intent to “return[] to its narrow mission to facilitate capital formation, while protecting investors and maintaining fair, orderly, and efficient markets.” The new accommodations will allow any...more
The SEC recently announced new accommodations to expand the types of companies and registration statements eligible for confidential SEC review. In this post, we summarize key takeaways from the announcement, including what...more
In the high-stakes world of legal due diligence, the security and confidentiality of sensitive information are paramount. With the increasing volume of electronically stored information (ESI) and the complexity of modern...more
Matthew Bagley worked for a claims adjustment firm in Louisiana as its claims manager for nearly three years before resigning to, allegedly, improperly compete against his former employer, M.D. Claims Group. In M.D. Claims...more
The National Labor Relations Board (NLRB) general counsel (GC) has issued a memorandum explaining her view on how employers can balance compliance with the National Labor Relations Act (NLRA) and equal employment opportunity...more
On June 27, 2023, the Pregnant Workers Fairness Act (PWFA), a federal law enforced by the US Equal Employment Opportunity Commission (EEOC), went into effect. The PWFA mandates that employers with at least 15 employees, along...more
The ongoing attempts by the United States, Egypt, and Qatar to mediate the war between Hamas and Israel bring to the forefront the potential that mediation can have to resolve conflict. Yet the use of alternative dispute...more
As generative AI technology becomes increasingly integrated into the legal profession, in-house counsel face a range of new considerations. From ensuring confidentiality to achieving cost-effective workflows, both the risk...more
An attorney belongs to a specialty bar organization in which members routinely post questions, comments and tips on an online forum or through an automated email management system. The attorney seeks to post a request for...more
The Department of Justice’s Antitrust Division (“Antitrust Division”) recently updated its Evaluation of Corporate Compliance Programs in Criminal Antitrust Investigations guidance document (“Antitrust Compliance Guidance”)....more
Disputes, AI and modern law - Q1 How should parties seek and agree a seat for ADR, and what advantages does your jurisdiction offer?...more
Ensure a skeleton-free zone in your organization by maintaining accountability with ethics hotlines. Corporate scandals can shake the trust and reputation of any company. Take, for example, the recent case where the...more
Share on Twitter Print Share by Email Share Back to top Conducting effective cross-border internal investigations is more critical than ever for companies facing increasingly complex regulatory frameworks across the globe....more
In our September 2023 newsletter, we wrote about proposed amendments to the English Arbitration Act as it approaches its 30th anniversary. The proposed amendments were seen as very light touch, but included changes to: -...more
Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the period of September 2-8. Here’s what’s...more
The SEC recently announced the settlement of multiple enforcement actions for violations of its whistleblower protection rule, which prohibits “any action to impede an individual from communicating directly with the...more
September 2024 K-12 Education Title IX Regulations Training Series - Bricker Graydon’s K-12 Education Team is pleased to announce a September 2024 series of trainings to learn how to remain compliant with the 2020 Title...more
The September 2024 Section 7520 rate for use with estate planning techniques such as CRTs, CLTs, QPRTs and GRATs is 4.8%, a decrease from the August 2024 rate of 5.2%. The September applicable federal rate (“AFR”) for use...more
California’s Office of Health Care Affordability (OHCA) has officially approved amendments (“Amendments”) to the cost and market impact review (CMIR) regulations, effective August 22, 2024. Most significantly, these...more
To build a robust ethical culture, ethics and compliance professionals need effective culture assessments to pinpoint vulnerabilities and proactively address them. The U.S. Department of Justice’s (DOJ) update to the...more