Schumaker Loop & Kendrick – The lawsuit against the NCAA over whether Division I men’s basketball and football players can be compensated for the commercial use of their names, images and likenesses came to an abrupt end on Monday as the U.S. Supreme Court denied petitions by both O’Bannon and the NCAA to review the […]
Compensation for the Commercial Use of Footballer Names Read More »
Clyde & Co – A recent Federal Court of Australia judgment highlights the predicament faced by directors being pursued in civil proceedings when there is the prospect that they may be facing criminal prosecution for offences arising out of substantially the same conduct. Background This scenario is most frequently encountered in the context of civil
Australian Directors Caught Between a Rock and A Hard Place Read More »
Allen & Overy – On 3 July 2016, the Market Abuse Regulation (596/2014/EU) (MAR) came into force. Even though guidance and clarity from the European Securities and Markets Authority is still awaited in relation to certain key aspects of MAR, in-house lawyers at financial institutions still need to be ready to manage and advise on
New EU Market Abuse Regime Creates A Long Road to Navigate Read More »
Sidley.com – The Second Circuit reversed a jury verdict of US$147 million after trebling and dismissed antitrust claims against a Chinese manufacturer of vitamin C, ruling that the case should have been dismissed by the district court on a motion to dismiss, which was filed just over 10 years earlier. The district court had permitted
Buchalter Nemer* – From May 30 to June 3, 2016, I represented the Pacific Council as an official observer at pre-trial hearings for Khalid Sheikh Mohammed (KSM) and four other alleged masterminds of the World Trade Center and Pentagon attacks of September 11, 2001. They are charged with war crimes under the Military Commissions Act
Littler – On September 15, 2016, the federal Occupational Safety and Health Administration (OSHA) released new policy guidelines for its review of private settlement agreements presented to the agency for approval in whistleblowing actions.1 OSHA issued these guidelines based on its concern that certain confidentiality and other provisions in settlement agreements may unlawfully restrict or
Davis Polk – Technology companies routinely conduct patent sales, whether through high-profile auctions like the one recently proposed by Yahoo, or as part of ordinary-course asset divestitures. There are many considerations to address when conducting a patent sale to ensure that both the buyer and seller realize maximum value from the transaction; however, one issue in particular that is sometimes overlooked is the importance of assessing
Reed Smith – This case is very important in that it is one of the first judgments where damages have been awarded for breach of competition rules in UK. It relates to MasterCard’s alleged anticompetitive card fees (credit and debit cards). The award was for £68,582,245 plus interest which is a significant sum, but there
Sainsbury’s Supermarkets Ltd v MasterCard Incorporated and others Read More »
Skadden Arps – Encouraged by the success of proxy access proposals in the 2015 proxy season, shareholder proponents have submitted almost 200 proxy access shareholder proposals for 2016 annual meetings. As of mid-June, approximately 65 percent of companies receiving a proxy access shareholder proposal have adopted or proposed a 3 percent proxy access bylaw or
Pilsbury Winthrop Shaw Pittman – The wait is over for businesses across the United States eager to fly small drones (also known as small unmanned aircraft systems or sUAS). The new Federal Aviation Administration (FAA) rule regarding commercial operation of sUAS, known as Part 107, is now in effect. Part 107 opens the door to
