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SCOTUS (Almost) Weighs in on Attorney-Client Privilege for Dual Purpose Communications: 5 Practical Tips to Protect Privilege

9 Feb 2023, 10:18 am by Elizabeth Balfour, Jenna Fasone, Kathleen O'Neill and Siena Sylvester*

[4] In re Kellogg Brown & Root, Inc., 756 F.3d 754 (D.C. [read post]

Corporate Securities Law Blog - http://www.corporatesecuritieslawblog.com/

[Eugene Volokh] Libel Lawsuit (Related to Causing-Suicide Allegations) Between Two Trans Political Commentators,

7 Feb 2023, 4:37 pm by Eugene Volokh

Ctr., Inc., 2020 N.Y. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Resurrecting the Dead: Sanofi Aventis v. HHS

7 Feb 2023, 12:00 pm by Bernard Bell

The panel’s Chevron Step Zero analysis is arguably flawed.[7] The Court rejected Skidmore deference as well, finding the agency’s interpretation of the statute unpersuasive.[8] Id. [read post]

Notice & Comment - https://www.yalejreg.com/nc/

Corporate Officers, Not Just Directors, Can Be Liable for Duty of Oversight Violations

7 Feb 2023, 6:30 am

Certain aspects of the opinion may be subject to further litigation, including application of the “bad faith” standard, as well as questions regarding what types of risks are subject to the oversight duty and which officers are responsible for them. [read post]

Harvard Law School Forum on Corporate Governance - https://corpgov.law.harvard.edu

Corporate Officers, Not Just Directors, Can Be Liable for Duty of Oversight Violations

7 Feb 2023, 6:30 am

Certain aspects of the opinion may be subject to further litigation, including application of the “bad faith” standard, as well as questions regarding what types of risks are subject to the oversight duty and which officers are responsible for them. [read post]

The Harvard Law School Corporate Governance Blog - https://corpgov.law.harvard.edu/

Employer's motion to confirm an arbitration award granted

7 Feb 2023, 5:00 am by Public Employment Law Press

Noting the ruling in Wien & Malkin LLP v Helmsley-Spear, Inc., 6 NY3d 471, [cert. [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

Employer's motion to confirm an arbitration award granted

7 Feb 2023, 5:00 am by Public Employment Law Press

Noting the ruling in Wien & Malkin LLP v Helmsley-Spear, Inc., 6 NY3d 471, [cert. [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

Mayer Brown Discusses Five Steps for Directors to Consider About Risk Governance

6 Feb 2023, 9:01 pm by renholding

Ideally, this reporting would follow a defined cadence and be more than a “we fixed it; all is well” summary. [read post]

The CLS Blue Sky Blog - https://clsbluesky.law.columbia.edu/

Precedential No. 7: TTAB Reverses Failure-to-Function Refusal of Lizzo's "100% THAT BITCH" for Clothing Items

6 Feb 2023, 4:05 am

One Wholesaler, Inc., 120 USPQ2d at 1716. [read post]

The TTABlog - http://thettablog.blogspot.com/

Recent Chancery Decision Clarifies Basis for Judicial Dissolution of LLC

5 Feb 2023, 5:12 pm by Francis Pileggi

(“T&S”) would provide a steady lumber supply for Robinson Lumber Company, Inc. [read post]

Delaware Corporate and Commercial Litigation Blog - http://www.delawarelitigation.com/

$1.25 Million Cybersecurity Breach Settlement & Other Heightening Enforcement Warn Health Plans & Others To Fix Cybersecurity

4 Feb 2023, 3:20 am by Cynthia Marcotte Stamer

Establishing and providing well-documented monitoring of compliance that includes board level oversight and reporting at least quarterly and sooner in response to potential threat indicators. [read post]

HR & Benefits Update - http://slphrbenefitsupdate.com/

Decision of the Month selected for January 2023: Compeling disclosure of records pursuant the New York State's Freedom of Information Law

3 Feb 2023, 9:30 pm by Public Employment Law Press

[FN1] It is well settled that, "[u]nder FOIL, agency records are presumptively available for public inspection" (Matter of Empire Ch. of Associated Bldrs. and Contractors, Inc. v New York State Dept. of Transportation, ___ AD3d ___, ___, 2022 NY Slip Op 06852, *1 [3d Dept 2022] [internal quotation marks and citations omitted]). [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

Decision of the Month selected for January 2023: Compeling disclosure of records pursuant the New York State's Freedom of Information Law

3 Feb 2023, 9:30 pm by Public Employment Law Press

[FN1] It is well settled that, "[u]nder FOIL, agency records are presumptively available for public inspection" (Matter of Empire Ch. of Associated Bldrs. and Contractors, Inc. v New York State Dept. of Transportation, ___ AD3d ___, ___, 2022 NY Slip Op 06852, *1 [3d Dept 2022] [internal quotation marks and citations omitted]). [read post]

New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/

[Eugene Volokh] Fifth Circuit Holds People Can't Be Disarmed Just Based on Civil Restraining Order

2 Feb 2023, 4:35 pm by Eugene Volokh

State Rifle & Pistol Ass'n, Inc. v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Wachtell Lipton Discusses Mergers and Acquisitions–2022 and 2023

1 Feb 2023, 9:05 pm by renholding

At the same time, indications that regulators are focusing on the effects of healthcare deals, including a June 2022 workshop hosted by the FTC and the DOJ to explore new approaches to regulating pharmaceutical M&A, will put a premium on thoughtful transaction planning in this space. [read post]

The CLS Blue Sky Blog - https://clsbluesky.law.columbia.edu/

SEC Commissioner Urges Reform of Regulation D and Private Markets

1 Feb 2023, 9:01 pm by renholding

”[25] Bankruptcy filings indicate that FTX didn’t even maintain an accurate list of its bank accounts or account signatories.[26] Further, when there are wide-spread failures among large private issuers, the spillover effects can go well beyond the investor base of that one company.[27] Othe [read post]

The CLS Blue Sky Blog - https://clsbluesky.law.columbia.edu/

Venture-Capital Firms Adapt as Stock Market Continues to Drop

1 Feb 2023, 6:34 am by Race to the Bottom

The market has been strained by the current interest rates, as well as the war in Ukraine, supply chain issues, and other factors. [read post]

The Race to the Bottom - https://www.theracetothebottom.org/rttb

What To Do When Someone I know becomes Disabled Part 3

31 Jan 2023, 9:31 am by Greg Reed

Inc. [read post]

The Law Offices of Bemis, Roach & Reed Blog - https://brrlaw.com/blog/

FDA Issues Orphan Drug Exclusivity Policy That Could be a Catalyst for Future Litigation

31 Jan 2023, 7:44 am by James A. Boiani

., Inc. v. [read post]