Member Blogs

How final is a final arbitration award? In Escapes! To the Shores Condominium Association, Inc., et al. v. Hoar Construction, LLC, and Architectural Surfaces, Inc., the plaintiff condo association argued that an arbitration award that didn’t resolve all claims against all parties in the trial court was not final enough to be appealed. The Alabama...Continue Reading

Now perhaps more than ever, employers of all stripes are grappling with an increased focus on pay equity, and it is transforming employer approaches to compensation. This presentation provides an overview of the pay equity landscape as well as discusses other pay transparency and reporting requirements across the nation.

The US Department of Justice made several recent announcements expanding on its expectations for corporate compliance programs and unveiling new guidance on executive compensation structures, consequence management and business communications and ephemeral messaging. Continue Reading

The use of communication systems such as ‘WhatsApp’ could be, from an organizational perspective, ideal for notifying indefinite-term workers with seasonal contracts, as opposed to other more formal or traditional communications such as by letter or bureaufax, or too informal means such as a simple phone call, but are calls via ‘WhatsApp’ legally viable? The […] La entrada Notification to indefinite-term seasonal workers by ‘WhatsApp’: is it possible? apareció primero en Labor and Employment Law - Garrigues.

On March 7, 2023, a federal court in Pennsylvania issued a ruling denying a cannabis company’s motion to dismiss claims based on the federal Fair Labor Standards Act (the “FLSA”). The opinion in DeMarco et al. v. FarmaceuticalRC, LLC et al., W.D. Pa. Case No. 2022cv-1164, covers familiar ground in the realm of FLSA misclassification... Continue Reading

In a recently unsealed opinion, a court in the District of New Jersey has declined to certify a direct-purchaser class in In re Lamictal ("Lamictal") on numerosity grounds.  It joins the growing number of courts in recent years to have held that a putative class included too few members to warrant certification.  (We discussed those prior [...]

Architecture encompasses a range of disciplines. Design, functionality, technique and, at times, good taste, come into play to achieve a result that comprises all of these in one: the building. But who does the “work” belong to? Can you protect a building? Imagine (for a joyful moment) that you are the architect of your favorite […] La entrada Architecture and Intellectual Property: Is it possible to protect a building? apareció primero en Intellectual and Industrial Property Blog - Garrigues.

Major shifts in the market with Covid-19 and the return to the office bring new focuses and economic factors that tech companies and entrepreneurs alike should be cognizant of. This panel, moderated by Alex Scharyj, discusses current trends in tech company valuations, ways entrepreneurs can prepare for meetings with prospective investors, and what venture and […]

Every year, reporting issuers are faced with the task of tailoring the disclosure for their annual general meeting to an ever-evolving list of changes in corporate and securities laws, updates to stock exchange rules, new guidance from proxy advisors and regulators and developing corporate governance trends. This checklist and overview of certain matters relevant to ...

In a recent significant judgment1 from the Irish Circuit Court, the judge concluded that “justice is best served” by granting a stay of a data subject’s damages claim pending determination of certain preliminary references currently before the CJEU. The court expressed a view that damages in the case, if awarded, were likely to be small...Continue Reading…

2022 was a banner year for appointments and elevations to California’s Courts of Appeal. The State’s new Chief Justice and newest Associate Justice of the California Supreme Court led the news, but Governor Newsom also filled a large number of vacancies on the intermediate appellate courts. With all this change, it seemed a good time […] The post New Faces of Justice: 2022 California Appellate Appointments first appeared on Appellate Insight.

On December 21, 2022, Order in Council No. 692 (OIC 692) came into effect, ultimately subjecting the BC Utilities Commission (BCUC) to the Direction entitled “British Columbia Utilities Commission Respecting Cryptocurrency Mining Projects” (the Direction).[1] Ultimately, OIC 692 aims to preserve B.C.’s clean electricity supply to support the Province’s ...

Bankruptcy provides an opportunity for a fresh financial start. In that spirit, creditors’ contractual rights are often impaired. But what happens in those rare circumstances when a debtor is deemed solvent? According to a recent decision from the United States Fifth Circuit Court of Appeals in In re: Ultra Petroleum Corp., solvent debtors are fully... Continue Reading

Two years ago, in Johnson v. NPAS Solutions, LLC, the Eleventh Circuit upended decades’ worth of precedent by categorically forbidding incentive payments to class representatives in class action settlements. In the past month, however, the Second and Ninth Circuits have rejected the Eleventh Circuit’s NPAS decision, concluding that there is no automatic bar of incentive... Continue Reading

According to the Federal Circuit, $173 million was the right damages award for almost three years of patent infringement resulting from Baxalta’s sale of its biologic product Adynovate® (Antihemophilic Factor (Recombinant), PEGylated).  In Bayer Healthcare LLC v. Baxalta Inc., et al., Nos. 2019-2418, 2020-1017 (Fed. Cir. 2021), the circuit court upheld an award to Bayer [...]