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Corporate Counsel Safe Harbors

Perkins Coie

Minnesota and Tennessee Consumer Privacy Laws Now in Effect: Key Compliance Considerations

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The comprehensive consumer privacy laws of Minnesota and Tennessee have recently taken effect, with the Minnesota Consumer Data Privacy Act (MCDPA) operative as of July 31, 2025, and the Tennessee Information Protection Act...more

Morrison & Foerster LLP

DOJ Issues First-Ever Declination Under Corporate Disclosure M&A Policy

On June 16, 2025, the Department of Justice (DOJ) National Security Division (NSD) announced that it declined to charge private equity firm White Deer Management LLC (“White Deer”) and its affiliates after the company...more

Jackson Lewis P.C.

Texas Enacts Liability Shield From Punitive Damages for Certain Small Businesses That Adopt Cybersecurity Programs

Jackson Lewis P.C. on

On June 20, 2025, Texas Governor Greg Abbott signed SB 2610 into law, joining a growing number of states that aim to incentivize sound cybersecurity practices through legislative safe harbors. Modeled on laws in states like...more

Venable LLP

The Current State of Captive Audience Meetings

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Mandatory employer-sponsored meetings, otherwise known as captive audience meetings, sparked significant discussion and legislation these past few months....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

NLRB Bans Mandatory Informational Meetings, Overturns 76-Year-Old Precedent

On November 13, 2024, the National Labor Relations Board (NLRB) issued a decision prohibiting the practice of holding mandatory employee meetings to discuss the employer’s views on unionization....more

Fenwick & West LLP

Federal Circuit Reaffirms Scope of Safe Harbor Defense to Patent Infringement

Fenwick & West LLP on

In 2019, Edwards Lifesciences Corporation sued Meril Life Sciences Pvt. Ltd. for patent infringement in the Northern District of California, with Fenwick representing Meril in the district court case and the recent appellate...more

Dorsey & Whitney LLP

Recent Decision Illustrates Potential Global Implications of DMCA Takedown Requests

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The Digital Millennium Copyright Act (DMCA) is a section in the US Copyright Act that provides a safe harbor for internet service providers so long as they comply with a notice and takedown system. The way the DMCA works is a...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Trade Commission Hashes Out Aggressive Interpretation of Data Anonymization: What You Need to Know

The Federal Trade Commission (FTC) has a long-standing habit of creating legal obligations through blog posts. Recent communications from the FTC by way of its Office of Technology Blog evidence an aggressive expectation...more

Seyfarth Shaw LLP

The FTC’s “Good Faith” Exception to the Non-Compete Ban: Pending Legal Challenges Are Not a Basis for Non-Compliance

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The FTC’s recently issued Final Rule banning non-competes for most workers prohibits an employer from (1) threatening to enforce a non-compete against a worker, (2) advising the worker that, due to a non-compete, they should...more

Troutman Pepper Locke

More Safe Harbor Protections for Navigating Cyber and Privacy Litigation

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Cybersecurity and data privacy risks continue to loom large with potentially significant consequences. Litigation, often filed soon after incidents, adds to the possible repercussions. In our previous article, we discussed a...more

White & Case LLP

A View from Abroad: Unpacking DOJ’s M&A Safe Harbor Policy, Part II

White & Case LLP on

On October 4, 2023, United States Deputy Attorney General (DAG) Lisa Monaco announced a new Department of Justice (DOJ) Mergers & Acquisitions Safe Harbor policy that encourages companies to self-disclose criminal misconduct...more

Morrison & Foerster LLP

Top 10 Anti-Corruption Developments for October 2023

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Designed for busy in-house counsel, compliance professionals, and anti-corruption lawyers, this newsletter summarizes some of the most important international anti-corruption law and enforcement developments from the past...more

Axinn, Veltrop & Harkrider LLP

A New Port in a Storm: Comparing the M&A Safe-Harbor Policy With Leniency

DOJ’s announcement of a safe harbor for voluntary self-disclosure in the context of acquisitions is the latest policy change in support of its effort to incentivize compliance, empower compliance professionals, and make...more

Skadden, Arps, Slate, Meagher & Flom LLP

DOJ Announces Safe Harbor Policy for Voluntary Self-Disclosures Related to Mergers & Acquisitions

In the U.S. Department of Justice’s (DOJ’s) latest effort to promote voluntary self-disclosure of corporate misconduct by companies, Deputy Attorney General (DAG) Lisa Monaco has announced guidance regarding a new safe harbor...more

Morrison & Foerster LLP

USPTO Proposed Rulemaking Could Reshape Post-Grant Practice Under the AIA

On April 21, the U.S. Patent and Trademark Office (USPTO) published an Advanced Notice of Proposed Rulemaking (ANPRM), based on a Request for Comments (RFC) published in 2020. The ANPRM sets forth a series of proposed rule...more

Proskauer - Employee Benefits & Executive...

SECURE 2.0 Delivers New Rules for Correcting Retirement Plan Errors

As part of our ongoing series on SECURE 2.0, this post discusses three significant changes to corrections of common retirement plan errors: (1) New rules for correcting overpayments, (2) expansion of the Self-Correction...more

Fisher Phillips

10 Most Significant Employee Benefits Law Changes in 2023’s Federal Spending Bill

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Besides ensuring the federal government remains fully funded, President Biden’s signature Thursday on the Continuing Appropriations Act, 2023 (CAA 23) contains several provisions that will directly impact health and...more

Wilson Sonsini Goodrich & Rosati

DOJ Launches Enforcement Initiative Against “Interlocking Directorates”

In what appears to be a significant expansion of its antitrust enforcement efforts, the U.S. Department of Justice (DOJ) issued letters to multiple public companies, investors, and individuals this week, stating it may bring...more

Fisher Phillips

5 Most Important Steps for Employers Doing Their 2023 ACA Compliance Planning

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Applicable large employers must adhere to many Affordable Care Act (ACA) rules to remain compliant regarding group health plan offerings. We offer the following checklist of the five most helpful reminders you should take...more

Vinson & Elkins LLP

The Intersection Between ESG Efforts and Antitrust Law

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Historically, companies gave little thought to antitrust considerations when they developed environmental, social, and governance (“ESG”) goals and plans. Recently, this has changed....more

Pillsbury Winthrop Shaw Pittman LLP

China Issues First Amendment to Its Anti-Monopoly Law

China’s first amendment to its Anti-Monopoly Law will impact merger filings and anti-monopoly enforcements. The amended law grants the enforcement authority the power to suspend the review of merger control cases....more

Morrison & Foerster LLP

The USPTO Reins In Fintiv

No recent Patent Trial and Appeal Board (PTAB) decision has been more impactful than Apple Inc. v. Fintiv, Inc., IPR2020-00019 (Mar. 20, 2020). It has led to about 200 discretionary denials of post grant proceedings, sparked...more

Morrison & Foerster LLP

SEC Proposes Sweeping Regulations Regarding SPAC and De-SPAC Transactions that Could Have a Chilling Effect on SPACs and Other...

On March 30, 2022, the U.S. Securities and Exchange Commission (SEC) proposed new rules and amendments relating to special purpose acquisition companies (SPACs). The SEC indicated these proposals are meant to enhance...more

Foley & Lardner LLP

SCOTUS Rules That Faulty Copyright Registrations Based on Mistakes of Law Do Not Invalidate Registrations or Prevent Enforcement...

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On Thursday, February 24, 2022, the U.S. Supreme Court weighed in on the long-running copyright infringement dispute between Los Angeles fabric designer, Unicolors Inc., and global fast fashion giant, H&M Hennes & Mauritz...more

Troutman Pepper Locke

"Safe Harbor" Ports in a Cybersecurity Litigation Storm

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Every organization with an online presence needs to continuously think about its cybersecurity. The number of cyberattacks spiked significantly during the COVID-19 pandemic with an estimated global loss of nearly $1 trillion....more

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