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.
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.
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In an unpublished letter dated March 18, 2011, the Securities and Exchange Board of India ("SEBI") has taken the view that put and call option arrangements and rights of first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.
June 2, 2011
With its May 24, 2011 decision in Simonoff v. Expedia, Inc., No. 10-3559 (9th Cir.
June 2, 2011
New York partner Lee Dunst and associate Brian M. Lutz are the authors of "Alien Encounters - Global Companies Must be Wary of the Controversial US Alien Tort Claims Act" [PDF] published in the June 2, 2011 issue of Legal Week.
June 2, 2011
Printable PDFThis is the third 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.The Boy Scout motto, "Be Prepared," has particular import for companies that are likely to deal with e-discovery. Being prepared can help mitigate costs and risks, ensure timely compliance with preservation obligations, and bolster defensibility.
May 31, 2011
On May 25, 2011, in a 3-2 vote, the U.S.
May 31, 2011
On April 11, 2011, the Ministry of Communications and Information Technology (Department of Information Technology), Government of India ("IT Ministry"), issued the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 ("Data Privacy Rules").
May 25, 2011
On May 25, 2011, the Federal Circuit issued its much-anticipated decision in the Therasense case, in which it granted en banc review to consider a series of questions regarding the scope and contours of the "inequitable conduct" doctrine in patent cases. Therasense, Inc.
May 25, 2011
On May 18, 2011, the Department of Defense (DoD) published an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) and defining the elements of and process for determining the acceptability of six contractor business systems. The interim rule would require Contracting Officers (COs) to withhold a percentage of payments from contracts with DoD contractors that fail to maintain "acceptable business systems." This interim rule took effect on May 18 and applies to solicitations issued on or after that date. It does not require modification of existing contracts, with the exception of Indefinite Delivery/Indefinite Quantity (IDIQ) contracts. The interim rule follows two earlier proposals on the same topic, published on January 15,
May 24, 2011
Printable PDFThis is the second 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 and other updates, please click here.Understanding the life cycle of electronically stored information ("ESI") through the electronic discovery process is imperative for companies and their counsel to successfully navigate the substantial risks and mitigate the frequently high costs associated with electronic discovery.The Electronic Discovery Reference Model ("EDRM")--an organization dedicated to developing practical guides for managing electronic discovery, improving quality and reducing costs--has created this useful framework for understanding how ESI proceeds thro
May 23, 2011
On May 17, 2011, the U.S.
May 19, 2011
Printable PDF This is the first in a series of brief introductory guides to practical issues in electronic discovery. If you would like to subscribe to future E-Discovery Basics and other updates, please click here.It is not uncommon to hear from in-house counsel and outside lawyers that they have little interest in learning about electronic discovery.
May 17, 2011
A central tenet of Judge Shira Scheindlin's controversial 2010 Pension Committee decision about legal holds was that a party's failure to issue a written legal hold notice constitutes gross negligence per se, supporting an inference that relevant evidence was destroyed and the opposing party was prejudiced, and justifying sanctions unless the party could rebut the presumption.
May 13, 2011
As the Supreme Court enters the homestretch of this Term and approaches its busiest season for issuing opinions, Gibson Dunn's Supreme Court Round-Up is summarizing key developments at the Court. Since the last edition of the Round-Up, the Court has issued opinions in the following argued cases:AT&T Mobility LLC v. Concepcion: The Court held that California's judicially imposed rule classifying most collective-arbitration waivers in consumer contracts as unconscionable was preempted by the Federal Arbitration Act.Sossamon v. Texas: The Court held that a State's acceptance of federal funds did not constitute a waiver of its sovereign immunity from private suits for money damages under the Religious Land Use and Institutionalized Persons Act of 2000.Virginia Office for Protection &
May 11, 2011
The French Data Protection Authority--La Commission Nationale de l'Informatique et des Libertés ("CNIL")--announced on April 26, 2011, that it intends to increase inspections of companies and organizations transferring data into and out of France to ensure compliance with French and European Union data privacy laws and regulations. In its press release, CNIL emphasized that the inspections will have a specific focus on verifying that U.S.
May 11, 2011
Washington, D.C. partner F. Joseph Warin and associates Michael Diamant and Veronica Root are the authors of "Somebody's Watching Me: FCPA Monitorships and How They Can Work Better" [PDF] published in the University of Pennsylvania Journal of Business Law, Volume 13, Issue 2.
May 5, 2011
An incentive compensation qui tam action filed against EDMC in 2007 was unsealed today after the Department of Justice ("DOJ") filed a notice of intervention.
May 3, 2011
The White House Office of Information and Regulatory Affairs ("OIRA") has issued further guidance to federal agencies on how to conduct the review of existing regulations ordered by the President in January.
May 3, 2011
"The United States condemns in the strongest possible terms the use of force by the Syrian government against demonstrators. This outrageous use of violence to quell protests must come to an end now.
May 2, 2011