Disclosure Requirements, Appeals, Corporate Counsel

Supreme Court of Canada to Decide Scope of “Material Change” With Far-Reaching Consequences for Securities Class Actions

Bennett Jones LLP on 5/23/2025

The Supreme Court of Canada (SCC) is set to issue its decision in Lundin Mining Corporation v Dov Markowich (Markowich). This highly anticipated SCC decision regarding disclosure obligations could alter the landscape for...more

A Blockbuster Week for the VPPA—New Releases from the Sixth and Seventh Circuits

Shook, Hardy & Bacon L.L.P. on 4/7/2025

Much like Blockbuster Video rental stores (of which you might be surprised to learn there is still one remaining), the Video Privacy Protection Act (VPPA) was quietly slipping into obsolescence with the advent of the Internet...more

FTC "Click-To-Cancel" Rule Coming Soon

Lowenstein Sandler LLP on 3/31/2025

The Federal Trade Commission’s final “click-to-cancel” rule, which goes into effect on May 14, 2025, attempts to address the difficulties consumers may face when trying to cancel an automatically renewing subscription. The...more

Fifth Circuit Court of Appeals Rejects Challenge to Nasdaq’s Board-Diversity Rules

Proskauer - Corporate Defense and Disputes on 10/20/2023

The U.S. Court of Appeals for the Fifth Circuit denied review of the Securities and Exchange Commission’s approval of proposed rules promulgated by the Nasdaq Stock Market concerning the diversity of directors on...more

Brain Tumor: A Little Too Little, Too Late — Sixth Circuit Addresses Late Disclosure of Disability

Bradley Arant Boult Cummings LLP on 2/21/2023

Employers sometimes face difficult decisions after learning of an employee’s disability. What if you learn of a disability after ongoing repeated employment deficiencies or even after a disciplinary or discharge decision...more

Colorado Attorney General’s Office Issues Draft Colorado Privacy Act Regulations

McDermott Will & Emery on 10/4/2022

On September 30, 2022, the Colorado Attorney General’s Office (the AG’s Office) released draft regulations to the Colorado Privacy Act (the CPA). Before these proposed regulations take effect, however, there will be a lengthy...more

CA Appellate Court Addresses “Willfulness” Standard Under FCRA

Proskauer - Law and the Workplace on 5/4/2022

On April 19, 2022, a California Appeals Court reversed and remanded a trial court’s grant of summary judgment in an employer’s favor, concluding there was a triable issue of material fact regarding whether a defendant had...more

Employer Prevails In FCRA Class Action In California

Littler on 4/17/2019

On April 15, 2019, a California Court of Appeal affirmed summary judgment for the employer in an action alleging class-wide violations of the hyper-technical provisions of the federal Fair Credit Reporting Act (FCRA)....more

Fourth Circuit Says Disclosure of Depression Triggered FMLA Obligations

Parker Poe Adams & Bernstein LLP on 2/25/2019

Most employers know that an employee does not have to ask for Family and Medical Leave by name in order to fall under the FMLA’s protections. At what point, however, does the employee’s disclosure of a medical condition...more

Skadden's 2019 Insights: Key Delaware Corporation Law Developments

Skadden, Arps, Slate, Meagher & Flom LLP on 1/24/2019

The Delaware courts issued a number of significant decisions in 2018 that are likely to have ripple effects throughout 2019. Among them were a series of cases that further developed the parameters of the Corwin and MFW...more

When a Disclosure Form Must “Stand Alone”: Recent Cases Hold Companies Liable for Including Too Much on FCRA Disclosures

Dorsey & Whitney LLP on 4/26/2018

Let’s face it. The hiring process involves mounds of regulations, disclosures, authorizations, and then more disclosures. The last thing an employer – or applicant – wants to see is a higher stack of documents filled with...more

Eleventh Circuit: Voicemail Constitutes Communication Under the FDCPA, But Disclosure of Individual’s Identity Is Not Required

Burr & Forman on 9/27/2017

In a case of first impression, the Eleventh Circuit recently held that a voicemail constitutes a “communication” under the FDCPA, and can thus trigger the mini-Miranda requirement, but an individual collecting on behalf of a...more

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