The Texas Data Protection and Security Act goes into effect on Monday, July 1, 2024. The Texas attorney general announced that his office has formed a task force to enforce the TDPSA, along with Texas’ several other data privacy laws.

The Supreme Court of the United States issued an important ruling on June 6, 2024, clarifying the federal tax consequences of certain succession plans for closely held businesses.

On May 16, 2024, in Smith v. Spizzirri, the Supreme Court of the United States resolved a long-standing circuit split that affects motions to compel arbitration in federal court.

The Office of Federal Contract Compliance Programs released updated guidance for the use of artificial intelligence by federal contractors on April 29, 2024—the latest indication that federal contractors’ use and development of AI will come under regulatory scrutiny.

On April 23, 2024, the U.S. Federal Trade Commission voted 3-2 to ban the use of nearly all noncompete agreements in America’s for-profit businesses (with only a few narrow exceptions). In this Update, we cover the details of the FTC’s Final Rule, what changed from the Proposed Rule, guidance to employers wondering what they should do now, and what might come next.

The U.S. Supreme Court denied certiorari in a much-scrutinized U.S. Court of Appeals for the Fourth Circuit case involving race-neutral school admissions procedures, Coalition for TJ v. Fairfax County Board, on February 20, 2024.

Enacted in 1998, Illinois’ Genetic Information Privacy Act governs the confidentiality and use of genetic testing and genetic information by employers and insurers. The statute was designed to prevent employers and insurers from using genetic testing and information as a means of discrimination.

With the first quarter of 2024 in full swing, it is a good time for brands to revisit marketing compliance strategies to minimize the risk of potential class actions, regulatory enforcement actions, and competitor challenges. This Update highlights hot topics in advertising law for 2024.

David and Jasmine talk with Markus Funk about the investigation and trial of the powerful Chicago-based Calabrese family mob, who engineered years of extortion, gambling, bookmaking, and hundreds of murders.

An impartial and fair jury is at the core of our U.S. jury trial system. Implicit bias calls into question whether a jury can be truly impartial, given the preconceived and hardwired biases that jurors bring with them to jury service.

The U.S. Supreme Court has held—by a 5-4 margin—that it did not violate due process for a Pennsylvania court to exercise jurisdiction over an asbestos case with no connection to Pennsylvania because of a unique Pennsylvania foreign corporation registration statute that requires consent to general jurisdiction to do business in the state.

On June 20, 2023, the New York State Assembly passed a bill which, if signed by New York Governor Kathy Hochul, will impose a blanket ban on—and render unlawful—all future noncompete agreements. New York’s proposed law is the most recent crackdown on the enforceability of noncompetes amid a wave of federal and state efforts to limit such agreements or prohibit them outright.

Use of generative AI in the legal profession offers the potential for significant advancement but also poses risks. Court orders issued last week by the U.S. District Court for the Northern District of Texas and the U.S. District Court for the Northern District of Illinois, along with a recent show cause order issued by the U.S. District Court for the Southern District of New York, each highlights some of the risks that in-house counsel and litigators should consider when using these new technologies in litigation matters.

The U.S. Supreme Court has accepted review of a case taking direct aim at “overregulation” by federal administrative agencies. Any client that routinely deals with federal administrative agencies—especially those who have experienced administrative overreach—should pay attention and consider weighing in.

The U.S. Department of Justice obtained more than $2.2 billion in civil False Claims Act judgments and settlements in fiscal year 2022, the lowest such annual total since 2008 and a significant drop from a jump in FCA recoveries in the prior year. But the DOJ’s announcement of its FY 2022 FYA recoveries also discloses that the DOJ is increasingly bringing FCA cases on its own, and the total number of settlements and judgments in FCA matters increased to near-record highs in FY 2022, signaling a robust enforcement climate ahead.

The Federal Trade Commission announced its proposal of a new rule that would ban employers from imposing noncompete clauses on their workers and invalidate nearly all existing noncompetes currently in effect. According to the FTC, this will affect 30 million, or one in five, American workers currently covered by a noncompete agreement.

Seasoned trial attorneys Alan Howard and Ed Baum explore how the courts and attorneys are adapting to the still-evolving “new normal” of jury trials conducted under pandemic-driven constraints, and the future for remotely conducted proceedings post-pandemic.

In a 5-4 decision, the U.S. Supreme Court vacated the U.S. Court of Appeals for the Fifth Circuit’s stay of a temporary injunction in NetChoice, LLC v. Paxton, a closely watched case involving a novel Texas law purporting to bar “social media platforms” from engaging in “viewpoint” discrimination.

The U.S. Supreme Court, in a May 23 decision, ruled that the federal policy favoring arbitration does not authorize federal courts to impose a prejudice requirement when evaluating whether a party has waived its right to arbitration by litigating in court.

Mayor Muriel Bowser signed the District of Columbia’s Ban on Non-Compete Agreements Amendment Act of 2020 (D.C. Act 23-563) (the Act) on January 11, 2021.

For many years, the most significant law governing biometric-based products and services has been the Illinois Biometric Information Protection Act. This past month, however, another biometric data privacy law woke from a long, undisturbed slumber.

Offshore wind development in the United States continues to draw opposition from coastal landowners, businesses, organizations, and other users of ocean waters, as it has since the industry first emerged here.

When are communications with counsel that are for both legal advice and business purposes protected by the attorney-client privilege?

New York City’s new biometrics ordinance went into effect July 9, 2021. The ordinance regulates the use of “biometric identifier information” in “commercial establishments” such as places of entertainment, retail stores, and food and drink establishments. 

Co-hosts Alan Howard and Ed Baum speak with Karen Lisko regarding developments with remote and hybrid trial settings as court systems emerge from the pandemic.

Co-hosts Ed Baum and Alan Howard are joined by Karen Lisko in a conversation about adaption and evolution in trial techniques for a virtual or hybrid trial.

Co-hosts Alan Howard and Ed Baum speak with Karen Lisko about how jurors’ remote or virtual trial settings may change how jurors receive and perceive evidence.

Co-hosts Ed Baum and Alan Howard speak with Maricopa County Chief Civil Judge Pamela Gates to discuss studies of and adaptations for remote jury trials.

Co-hosts Alan Howard and Ed Baum are joined by litigation consultant Karen Lisko, Ph.D. to survey the range of ongoing adaptations to “normal” jury trial practice and discusses the practical implications and choices for clients engaged in ongoing litigation.

In this report, Perkins Coie offers an analysis of the past year’s most noteworthy regulatory developments and litigation outcomes in the mortgage lending and servicing industry.

The Copyright Alternative in Small Claims Enforcement Act (CASE Act) was signed into law on December 27, 2020, as part of the Omnibus COVID-19 Relief Bill. The CASE Act establishes a completely new forum for resolution of small copyright disputes, the Copyright Claims Board (CCB), in which parties may voluntarily resolve copyright disputes in front of a three-judge panel of officers appointed by the librarian of Congress.

Amid anti-racism protests nationwide and police-reform efforts, there is no time like the present to take a close look at “qualified immunity”—a legal doctrine that can restrict citizens’ ability to recover damages for civil rights violations by shielding government officials from lawsuits and civil liability.

As scraping and crawling of websites becomes more ubiquitous, courts continue to struggle with where to draw the lines regarding what is permissible. This can be a highly fact-intensive inquiry, but a recent case before the U.S. District Court for the District of Columbia provides some important takeaways.

Hundreds of COVID-19-related class action claims have been filed in state and federal courts throughout the country.

CBD companies facing class action lawsuits regarding product labeling during this time of regulatory uncertainty have a reasonable chance of succeeding in a motion to stay on primary jurisdiction grounds, say Perkins Coie attorneys. But, they must be sure to tie anticipated agency rulemaking to the claims at issue before the court.

In the wake of the COVID-19 crisis, food production and meatpacking plants have been the subject of much discussion regarding the risk of community transmission of the virus. Coronavirus infections and deaths among those who work in the industry have spurred a slew of lawsuits against employers.

In this podcast Perkins Coie litigators Alan Howard and Ed Baum talk with Mediator David Geronemus, of JAMS in New York, about his experience and advice for conducting virtual mediation sessions.

In this podcast Perkins Coie litigators Ed Baum and Alan Howard talk with former Federal Judge Wayne Andersen, a neutral with JAMS in Chicago, about his experience and advice for conducting virtual mediation sessions.

Perkins Coie litigators Alan Howard and Ed Baum talk with former Federal Judge Suzanne Segal, a neutral with Signature Resolution in Los Angeles, about her experience and advice for conducting virtual mediation sessions.

Perkins Coie Litigation attorneys Alan Howard and Ed Baum discuss the viability of conducting virtual mediation sessions during the COVID-19 pandemic and beyond.

Recognizing the high volume of COVID-19 content being published, Perkins Coie developed a one-stop, integrated resource page that addresses key legal and business considerations for companies across essential business areas, from insurance coverage and labor and employment, to privacy and security, corporate governance, tax, construction, supply chain, and more.

Owners and developers with construction projects underway are understandably very concerned about the impact of COVID-19 on the viability of their projects.

COVID-19 is expected to have an impact on construction companies across the country.

In these “business as unusual” times, it is critical to maintain effective messaging with clients and employees.

All the technology and calendar systems available today still can’t prevent a litigator from making motion-ending errors. Adam Schuman and Gene Lee offer pointers for how to make sure your motion avoids unforced errors and abides by judges’ differing rules.

Lawmakers are back at work in the nation’s capital for a new session of Congress following the holiday break, and it’s clear that the political winds in Washington, D.C., are shifting in favor of the cannabis industry.

Perkins Coie is proud to announce that the third edition of A Manufacturer's Guide to Product Liability Law in the United States is now available as an e-book and in a Chinese printed version, as well as the original English printed version.

The U.S. Supreme Court rejected a decades-old legal standard for companies that wish to shield their business information from disclosure to the public under the Freedom of Information Act (FOIA).

EPA is currently reviewing comments on its November 14, 2018 proposed rule to exempt livestock farms from reporting routine farm air emissions under the Emergency Planning and Community Right-to-Know Act (EPCRA) and intends to issue a final rule this spring.

Google won summary judgment in Rivera v. Google, a privacy class action alleging violations of the Illinois Biometric Information Privacy Act (BIPA). The case involved “face grouping,” a feature that enables Google Photos to automatically sort and group the photographs in a user’s private account, based on visual similarities between the images of faces in the photos. The court held that any alleged collection of “biometric information” or “biometric identifiers” stemming from this feature did not cause an injury-in-fact sufficient to confer Article III standing. This update summarizes the decision, which may be relevant to clients involved with biometric technology, as well as other clients facing litigation where a no-injury defense may be applicable.

In three recent decisions, the U.S. Courts of Appeal for the Fourth Circuit and Sixth Circuit have signaled the courts’ refusal to allow environmental plaintiffs to use the federal Clean Water Act to address coal ash pollution from unlined storage ponds at coal fired power plants.

The U.S. Court of Appeals for the District of Columbia Circuit, on August 21, 2018, vacated much of U.S. EPA’s final rule regulating the disposal of “coal combustion residuals” (CCR) at coal-fired power plants. 

On June 28, 2018, California adopted the strictest general privacy and data security law in the country, called the “California Consumer Privacy Act” (codified in Assembly Bill 375), which will come into effect on January 1, 2020.

Perkins Coie surveyed 140 startup founders, technology company executives, investors and consultants on key challenges and opportunities in the AR/VR space.

Although business-related settlement payments (and attorneys’ fees) are generally tax-deductible, the 2017 Tax Cuts and Jobs Act (the Tax Act) restricts an employer’s ability to obtain tax deductions for settlements of sexual harassment and abuse claims that are subject to nondisclosure agreements.

Perkins Coie and Upload surveyed more than 650 startup founders, executives with established technology companies and investors on the future of augmented and virtual reality.

The Department of Justice (DOJ) has once again postponed its proceeding to amend regulations that would spell out the obligations of retailers, hotels, restaurants, places of entertainment and other businesses to make their websites accessible to individuals with disabilities under the Americans with Disabilities Act (ADA).

The Department of Justice takes the position that websites are covered by the Americans with Disabilities Act (ADA).  More claims are being filed by plaintiffs targeting retailers whose websites are inaccessible to consumers who are blind or have low vision.

Over the last several years, the Internal Revenue Service (IRS) has focused its efforts on enforcement of U.S. laws with respect to offshore assets held by U.S. citizens and residents, including their tax payment and reporting obligations.

The future of California labor and employment class actions took several blows this week.  First, the Supreme Court of California issued a decision in Iskanian v. CLS Transp. L.A., LLC, No S204032 (Cal. June 23, 2014) upholding a class action waiver in a dispute resolution policy.

The California Supreme Court has ruled that arbitration agreements with class action waivers are generally enforceable, but it refused to compel the waiver of representative claims brought under California’s Private Attorneys General Act (PAGA).

In 2011, the Supreme Court decided Stern v. Marshall, 564 U.S. ___, 131 S. Ct. 2594 (2011), which gave voice to the Court’s grave concerns about the constitutional limits of bankruptcy court jurisdiction and raised several questions that have confounded courts and lawyers for three years.

On July 1, 2013 the FTC’s amended COPPA Rule went into effect. On the same day, the commission also released a six-step compliance plan to aid businesses in complying with the new rule. On July 26, the commission issued further guidance on the rule, particularly as it applies to social network plug-ins and ad networks, in the form of updated FAQs.

Beginning July 1, 2013, California commercial leases and rental agreements must include a disclosure regarding whether the property being leased has been inspected by a Certified Access Specialist (CASp) and, if a CASp inspection has occurred, whether the property being leased has met all construction-related accessibility standards under current law.

In December 2012, the Federal Trade Commission (FTC) adopted final amendments to the Children's Online Privacy Protection Act (COPPA) Rule, which regulates how companies may collect information online from children under 13.  Last month, the FTC also issued an updated set of Frequently Asked Questions regarding the revised COPPA Rule.  The revised COPPA Rule went into effect today, July 1, 2013, and will impact "operators" of certain websites and online services for a long time to come.

Determining when and how to account for loss contingencies is an important decision for companies that have been sued. Reserving funds for possible litigation losses may significantly affect reported earnings. Worse, failing to book appropriate reserves may lead to restatements of earnings, which could invite an SEC investigation or shareholder litigation. Apart from reserves, the mere decision whether to disclose pending litigation in financial statements can also have major financial and legal ramifications.

Many businesses in Oklahoma have been impacted by the devastating tornado that hit that state on May 20, 2013.  Early estimates indicate the tornado caused upwards of $2 billion in damage.  Numerous national and local businesses and other entities, ranging from retailers to schools and hospitals, reported significant damage and an interruption in their business operations due to the tornado.

In a self-described “unexpected” ruling for the defendants in the consolidated LIBOR proceedings, Judge Naomi Reice Buchwald has dismissed the private plaintiffs’ antitrust and Racketeer Influenced and Corrupt Organizations Act (RICO) claims and significantly narrowed the scope of the Commodity and Exchange Act (CEA) claim.

On Tuesday, on remand from the U.S. Supreme Court, the Ninth Circuit held that the certification requirements set forth by the U.S. Supreme Court for a multimillion plaintiff gender discrimination class action in Dukes v. Wal-Mart Stores, 131 S. Ct. 2541 (2011), applied equally to a 200-person class of newspaper employees with wage and hour claims.     

Earlier today, in a case titled Sell v. Sewell, (No. CV-12-0211-PR), the Arizona Supreme Court ruled that there is no implied private right of action for aiding and abetting securities fraud under the Arizona Securities Act (ASA).  Today’s ruling in Sell overturns the court’s ruling 34 years ago in State v. Superior Court, 599 P.2d 777 (Ariz. 1979), and continues the court’s strong policy of following the U.S. Supreme Court’s interpretations of analogous federal securities statutes.

A recent Washington Supreme Court case, Gandee v. LDL Freedom Enterprises, Inc., No. 87674-6 (Feb. 7, 2013), provides important insights into how Washington courts approach the enforceability of arbitration agreements in the wake of the U.S. Supreme Court’s seminal decision in AT&T Mobility v. Concepcion, 131 S. Ct. 1740 (2011).

The California Supreme Court recently issued a landmark ruling in Apple Inc. v. Superior Court (formerly Krescent v. Apple Inc. in trial court proceedings), a case with wide-reaching implications for consumer privacy in e-commerce. The issue before the Court was whether California’s Song-Beverly Credit Card Act (the Act), which generally prohibits retailers from collecting or requesting personal identification information (PII) as a condition of accepting credit card payments, should apply to online retailers.

Federal law and most states only require one party to a phone call to consent to recording it, which means the person recording the call doesn’t need anyone else’s permission; however, a minority of states, including California, require all parties to a call to provide consent.  While you might think you are safe if you do the recording in a one-party consent state, like Georgia, California’s highest court has made clear that California law will apply no matter where you are located if you do business in California and record a call with a California client.  Kearney v. Salomon Smith Barney, Inc., 39 Cal. 4th 95 (2006).

Companies that accept online credit card payments should be keeping an ear very close to the ground for the California Supreme Court’s decision in Apple v. Superior Court (Krescent), expected within the next few weeks.  Depending on how the court rules, the case has the potential to spawn a flood of class actions against online retailers and change the way web payments are processed.

On December 19, 2012, the Federal Trade Commission (FTC) finalized amendments to the Children's Online Privacy Protection Rule (the Rule), which applies to operators of commercial websites or online services that (1) are directed to children under the age of 13 or (2) have actual knowledge that they are collecting personal information from a child under the age of 13.

On December 6, 2012, the California attorney general filed suit against Delta Airlines for failing to provide mobile application users with adequate notice of its privacy practices.

In a ruling that will impact certain aspects of how companies handle their SMS/text message promotional programs, on November 29, 2012, the Federal Communications Commission released a Declaratory Ruling regarding the Telephone Consumer Protection Act (TCPA) pursuant to a request by SoundBite Communications, Inc.

For the first time, online retail sales exceeded $1 billion on Black Friday and reached nearly $1.5 billion on Cyber Monday this year.  Analysts expect this increase in e-commerce to continue, and Forrester Research estimates that online sales this holiday season will exceed $68.4 billion—a 15 percent increase over 2011.

On November 9, 2012, the U.S. Supreme Court agreed to consider the enforceability of a class action waiver clause in agreements between American Express and merchants that accepted its cards. The merchants filed a proposed class action suit against Amex, alleging that its “Honor All Cards” policy—which required stores to accept Amex’s charge cards as well as its credit cards—violated federal antitrust law.

Many businesses throughout the United States—and possibly worldwide—may experience the effects of the devastating superstorm that hit the Eastern United States on October 29 and 30, 2012.  Early estimation indicates that the storm caused upwards of $20 billion in property damage and another $10 billion to $30 billion in lost business.

In the wake of the recent admissions by Barclays Bank PLC that its traders sought to manipulate the London Interbank Offered Rate ("LIBOR"), corporations and other investors are only now beginning to appreciate the magnitude of the scandal and to consider how it might impact their own investments.

Patent applicants who are dissatisfied with a rejection by the Board of Patent Appeals and Interferences have two options for review. They can appeal directly to the Federal Circuit, which will review the Board’s decision on the record before the U.S. Patent and Trademark Office. Alternatively, 35 U.S.C. § 145 provides that an applicant may “have remedy by civil action against the Director” of the Patent Office in the United States District Court for the District of Columbia. The primary issue in Kappos v. Hyatt was what limitations, if any, exist on an applicant’s right to submit new evidence that was not before the Patent Office in such a district court action.

In the final hours of its regular session, the Washington Legislature enacted the Washington Medicaid Fraud False Claims Act.

The Los Angeles Superior Court has announced that due to deep funding cuts by the state, significant layoffs will be implemented on June 30, 2012, impacting more than 350 court staff and more than 50 courtrooms.

On February 16, 2012, the Centers for Medicare & Medicaid Services (“CMS”) published its long-awaited Proposed Rule implementing Section 6402(a) of the Patient Protection and Affordable Care Act (“ACA”).  77 Fed. Reg. 9179 (Feb. 16, 2012), available at http://www.gpo.gov/fdsys/pkg/FR-2012-02-16/pdf/2012-3642.pdf.

International software piracy is a serious economic problem that distorts competition and costs the United States billions of dollars in lost jobs and wages.

On September 28, the Federal Judicial Center and the National Academies jointly released the third edition of the Reference Manual on Scientific Evidence (the "Manual"), containing tools for use by judges to manage cases involving complex scientific and technical evidence as part of their responsibilities under Daubert.

The San Francisco Superior Court has announced that due to severe budget constraints, the court will implement a 40% reduction in staff, including eliminating 11 of the court’s 12 commissioners.

A U.S. Supreme Court decision handed down on May 16, 2011, restricts the information upon which a private plaintiff can base a False Claims Act case. Private plaintiffs have often used the Freedom of Information Act ("FOIA") to obtain information from government agencies to bolster claims under the False Claims Act.

In AT&T Mobility v. Concepcion, No. 09-893, the U.S. Supreme Court validated consumer contracts with arbitration clauses containing class action waivers. This decision may cause companies that do not have arbitration provisions in their consumer contracts to add them in order to limit or avoid class actions.

On February 10, 2011, the California Supreme Court held that a customer's ZIP code is "personal identification information" ("PII") under the California Song-Beverly Credit Card Act of 1971 and that businesses cannot request and record a customer's ZIP code during a credit card transaction.

Many companies might be surprised to learn that the difficult to control acts of their foreign agents, intermediaries, consultants, joint venture partners, suppliers, distributors and even outside counsel, private equity portfolio companies and franchisees can result in—and, in fact, have resulted in—potentially devastating civil and criminal Foreign Corrupt Practices Act (FCPA) liability to the principal or parent company . . . even absent any evidence of the company’s actual knowledge of this misconduct. And all indications are that the government will ramp up its reliance on such third-party liability as we move into 2011 and beyond. This update examines the growing threat of third-party liability and how clients can, through precautionary steps tailored to the particular circumstances of the company, effectively fend off the potentially catastrophic effects of third-party liability.

On October 26, 2010, the Justice Department announced a $750 million settlement of criminal and civil actions stemming from a whistleblower suit against the pharmaceutical manufacturer GlaxoSmithKline (GSK).  The settlement, which included a record $96 million award to the whistleblower, reflects the growing number and scale of False Claims Act (FCA) suits against the health care industry.

The OECD has criticized other signatory nations for not living up to their anti-bribery obligations, and in its just released report also identifies certain discrete areas for U.S. improvement. But the bottom line message is that the U.S. government is a leader in anti-corruption enforcement.

The framework for international arbitration is provided primarily by arbitration agreements, institutional rules and national laws.  Those sources, however, typically say little or nothing about rules of evidence or the process for presenting documents, fact and expert witnesses, discovery, and the conduct of the evidentiary hearing.

Long-awaited Washington Supreme Court decision clarifies scope of Washington Consumer Protection Act and Washington's rules for certification of class actions, rejecting plaintiffs' proposed nationwide class against company "headquartered" in Washington.

Failing to comply with the rules of civil discovery can result in serious sanctions.  Washington’s Supreme Court recently emphasized just how serious when it upheld, in Magana v. Hyundai Motor America, an $8 million default judgment against Hyundai for violating the discovery rules.

In Mechling v. City of Monroe, the Washington Court of Appeals ruled that public agencies must provide nonexempt public records in electronic format, upon request, when "reasonable and feasible" to do so.

In this article, Pravin Rao and Howard Rosenburg examine FINRA’s background and its traditional role, including its current mandate, how it was formed, and how it is governed. The authors focus the majority of the article on how the current economic crisis and changes in the regulatory and law enforcement framework affect FINRA’s future role. They also discuss previous criticism of FINRA and how the organization has responded and adapted to it. Lastly, Rao and Rosenburg explain FINRA’s future and what can be expected, and detail some specific recommendations for financial services firms to adjust to a new FINRA and renewed regulatory environment.

On July 17, 2009, a federal district court in Texas dismissed an insider trading suit brought by the Securities and Exchange Commission (SEC) against Mark Cuban, the high-profile owner of the NBA's Dallas Mavericks.

Faced with mounting public pressure in the wake of recent scandals, Illinois Governor Pat Quinn is expected to sign several pieces of “ethics” legislation that the General Assembly adopted in May. Two bills, SB 51 and SB 54, which amend the Procurement Code and Lobbyist Registration Act, change the registration and reporting requirements for companies doing or seeking more than $50,000 worth of business with the state and for lobbyists.

While the downturn in the economy has adversely affected the sellers of directors’ and officers’ liability insurance – much as it has companies in all sectors of the economy – investing in D&O insurance is still a wise course of action.  This Update offers nine suggestions for ensuring that a company’s directors and officers are adequately protected in this environment against potential liabilities that D&O insurance normally would pay.

In a closely watched case, the Second Circuit Court of Appeals has refused to cut back on traditional standards for corporate criminal liability.  The Association of Corporate Counsel, the U.S. Chamber of Commerce and other groups had asked the court to depart from a century of judicial precedent holding corporations broadly liable for criminal acts committed by employees.  The groups argued that such broad vicarious criminal liability was counterproductive and asked the court to bar corporate criminal liability unless prosecutors could show that the corporation lacked an effective compliance program.

On October 6th, the Securities Exchange Commission (SEC) released its Enforcement Division manual to the general public for the first time.

Last week, a federal court released a public version of its 93-page opinion providing its reasons for denying the Federal Trade Commission's challenge to Whole Foods Markets' acquisition of organic grocer Wild Oats.

On December 7, 2006, the U.S. Supreme Court granted certiorari in Leegin Creative Leather Products v. PSKS, Inc., a potential landmark case challenging the long-standing "Dr. Miles" doctrine condemning resale price maintenance and minimum vertical price fixing as per se violations of Section One of the Sherman Act.

Public companies, and other companies that need audited financial statements, must begin accounting for uncertain income tax positions under a new rule: Financial Accounting Standards Board Interpretation No. 48, which was released in July, and is effective for fiscal years beginning after December 15, 2006. Most reporting companies will implement the new rule for their first quarter 2007 financial statements.

A carefully conceived and well-implemented document retention policy has long been an important component of an effective corporate compliance program. Recent events have made reviewing and updating corporate document retention policies a priority for most companies.

In the first case to directly address the question, a federal district court has held that private parties have no right to enforce Section 304 of the Sarbanes-Oxley Act of 2002. Neer v. Pelino, No. 04-CV-04791-SD (E.D. Pa. Sept. 27, 2005). Instead, the court held that only the SEC can enforce Section 304.

In a decision that broadens the right to a jury trial for parties in California, the California Supreme Court recently held that California courts cannot enforce predispute waivers of the right to a jury trial . The case, Grafton Partners L.P. v. Superior Court, No. S123344 (Cal. Aug. 4, 2005), applies retrospectively to all existing contracts governed by California law and will significantly affect dispute resolution efforts by parties to such contracts.

The pattern is familiar. A public company makes some positive announcements about a product. After some time passes, the company announces bad news about the product, leading to a decline in the stock price.

The stock market bubble and crash from 1998 to 2001 and the ongoing stream of corporate scandals like Enron, WorldCom and Tyco have put corporate governance under the microscope. The actions of business leaders are now at the lowest levels of trust and highest levels of scrutiny in recent memory.

Judges use the Federal Sentencing Guidelines to determine sentences for individuals and corporations convicted of federal crimes. Corporate managers and their advisors can use the Sentencing Guidelines to identify areas of risk, focus compliance programs and underscore to employees the consequences of improper behavior.

We have long had the ability to conduct remote depositions, but their popularity has surged during the COVID-19 pandemic.

This webinar discussed the many matters that businesses in Oregon are addressing as a result of the COVID-19 pandemic. Our attorneys provided answers to questions we have been receiving from our clients.

Leading during a health pandemic requires strength, vision, and an ability to look around corners. Join us for a two-part webinar series that will highlight a variety of risks and opportunities that company leaders should be aware of as we navigate through major business changes.

Perkins Coie’s ESS team is partnering with industry thought leaders and discovery professionals to launch a three-part presentation series on the keys to efficient e-discovery.

Although corporate litigation has always been a cost of doing business, in a tough economy, it can be crippling. A firm's ability to avoid litigation, and, if it comes, to resolve it quickly and cost-effectively often turns on a combination of strategic and administrative decisions the firm makes long before litigation breaks out.

Perkins Coie lawyers Harry Schneider, Joe McMillan and Charles Sipos provided a behind-the-scenes account of their experience as part of the defense team of lawyers appointed to defend Salim Ahmed Hamdan, widely known as Osama bin Laden's personal driver.