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On June 20, 2011, the U.S. Supreme Court unanimously reversed the Ninth Circuit and held that the largest employment class action ever certified cannot proceed.
Client Alert | June 21, 2011
View PDFThis is one in a series of brief introductory guides to practical issues in electronic discovery. To subscribe to future installments of E-Discovery Basics, please click here.In our last installment of E-Discovery Basics, we discussed four general categories of electronically stored information ("ESI") that should be considered for preservation pursuant to a legal hold: active data, inactive and archived data, residual data, and legacy data.
Client Alert | June 20, 2011
Washington, D.C. partners Eugene Scalia and Jason Schwartz and associate Thomas Johnson are the authors of "Whistleblower Protection Under the SEC's New Dodd-Frank Regulations: A Practical Guide for Employers" [PDF] published in the June 17, 2011 issue of BNA's Daily Labor Report.
Article | June 17, 2011
As the Supreme Court proceeds through its busiest season for issuing opinions, Gibson Dunn's Supreme Court Round-Up is summarizing key developments at the Court. The Round-Up contains objective summaries of every opinion issued this Term. Additionally, it highlights the cases that are still pending as well as those that are slated for argument next Term.Spearheaded by former Solicitor General Theodore B.
Client Alert | June 15, 2011
The Patient Protection and Affordable Care Act, as modified by the Health Care and Education Reconciliation Act (the "Act") requires plan sponsors to amend their cafeteria plans, including medical flexible spending accounts ("FSAs"), health reimbursement arrangements ("HRAs"), health savings accounts ("HSAs"), and Archer medical savings accounts ("Archer MSAs"), with respect to reimbursements for the purchase of over-the-counter drugs by no later than June 30, 2011.Effective January 1, 2011 (and January 16, 2011 with respect to debit card transactions), the Act prohibits FSAs, HRAs, HSAs, and Archer MSAs from reimbursing plan participants for the purchase of over-the-counter drugs, unless the participant has obtained a prescription for such
Client Alert | June 15, 2011
Los Angeles partner Gareth Evans and Orange County associate Catherine Brewer are the authors of "French Data Protection Authority Announces Increased Inspections for Compliance with French and European Union Data Privacy Requirements" [PDF] published in the June 15, 2011 issue of EuroWatch.
Client Alert | June 15, 2011
This is one in a series of brief introductory guides to practical issues in electronic discovery. If you would like to subscribe to future installments of E-Discovery Basics, please click here.When litigation is pending or anticipated, a company should take reasonable steps to preserve relevant electronically stored information (“ESI”) and hard copy documents.
Client Alert | June 13, 2011
Janus Capital Group Inc. v. First Derivative Traders, No. 09-525On June 13, 2011, the U.S. Supreme Court concluded that Janus Capital Management (JCM) cannot be held liable in a private suit under the Securities and Exchange Commission's Rule 10b-5 for drafting allegedly misleading prospectuses for the mutual funds it advises. Reversing a contrary decision by the Fourth Circuit, the Court held in Janus Capital Group Inc.
Client Alert | June 13, 2011
Compliance monitorships are frequently a condition of settling corporate criminal prosecutions with federal authorities. In particular, the U.S. government has used monitorships extensively as a tool in enforcing the U.S.
Client Alert | June 10, 2011
Washington, D.C. partner Jason Schwartz and associate Michael Murray are the authors of "Recent Developments in Trade Secret Law: the Computer Fraud and Abuse Act" [PDF] published in the June 10, 2011 issue of the Society for Human Resource Management's Workplace Law Bulletin.
Client Alert | June 10, 2011
On June 22, the SEC will meet to consider adopting final rules and rule amendments to implement the requirements of Title IV of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. The Commission’s press release is available at http://sec.gov/news/openmeetings/2011/ssamtg062211.htm.Among other things, the SEC announced that it will consider final rulemaking related to:The statutory threshold for SEC registration of investment advisers;SEC registrations by advisers to hedge funds and other private funds;Reporting requirements for exempt private fund advisers;Exemptions for (a) venture capital fund advisers, (b) advisers to private funds with less than $150 million in private fund assets under management in the United States, (c) foreign private advisers; andExclusi
Client Alert | June 9, 2011
On June 9, 2011, the Supreme Court in Microsoft Corp. v. i4i Limited Partnership, 564 U.S. ___ (2011), held that a party seeking to establish the invalidity of a patent must prove such invalidity by clear and convincing evidence. Slip op.
Client Alert | June 9, 2011
On June 6, 2011, the Supreme Court in Board of Trustees of the Leland Stanford Junior University v. Roche Molecular Systems, Inc., 563 U.S. ___ (2011), held that the University and Small Business Patent Procedures Act of 1980--popularly known as the Bayh-Dole Act, 35 U.S.C.
Client Alert | June 7, 2011
Washington, D.C. of counsel Charles Haake and staff attorney Karyn Marsh are the authors of "Regulating the Environment Through the Courts" [PDF] published by Law360 at www.law360.com on June 7, 2011.
Client Alert | June 7, 2011
This is the fourth in a series of brief introductory guides to practical issues in electronic discovery. To subscribe to future installments of E-Discovery Basics, please click here.Implementing a legal hold is one of the most important--and sometimes most difficult--phases in the e-discovery life cycle.
Client Alert | June 6, 2011
On May 20, 2011, the Ministry of Corporate Affairs, Government of India ("Corporate Affairs Ministry"), issued two general circulars ("Circulars") permitting attendance of meetings of the Board of Directors ("Board") and general meetings of the shareholders of an Indian company by using an electronic mode of communication.
Client Alert | June 6, 2011
Denver partner Jessica Brown and associate Brian Baak are the authors of "Colo. Supreme Court Decides Case Affecting Noncompetition Agreements" [PDF] published in Law Week Colorado on June 6, 2011.
Article | June 6, 2011
On May 31, 2011, in Global-Tech Appliances, Inc. v. SEB S.A., 563 U.S. ___ (2011), the Supreme Court toughened the standard for establishing that a party has "actively induce[d] infringement of a patent" under 35 U.S.C.
Client Alert | June 3, 2011
In an unpublished letter dated March 18, 2011, the Securities and Exchange Board of India ("SEBI") has taken the view that put and call option arrangements and rights of first refusal are not enforceable in India.
Client Alert | June 2, 2011
With its May 24, 2011 decision in Simonoff v. Expedia, Inc., No. 10-3559 (9th Cir.
Client Alert | June 2, 2011