Briefings

Winthrop & Weinstine – Has your banking organization conducted its annual review of its electronic banking agreements? If you haven’t, your organization may want to consider whether revisions are required to your bank’s deposit agreements, online banking agreements and other electronic banking services agreements in light of increased activity from financial aggregator websites. What are financial aggregators? […]

Arnall Golden Gregory – Tenet Healthcare Corporation, an investor-owned healthcare services company based in Texas, and two of its Atlanta-based subsidiaries have entered into an agreement with the government to resolve criminal charges and civil claims stemming from a scheme to defraud the United States and to violate the Anti-Kickback Statute (AKS). Under the agreement,

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

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

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

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