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Analysis PRO In-house

Lexology PRO | European Union, USA | 2 Jul 2021

Broadcom settles US monopolisation complaint

The US Federal Trade Commission has sued and subsequently settled claims that Broadcom illegally monopolised markets for certain computer chips through exclusive contracts and coercive conduct.
Article

K&L Gates LLP | USA | 19 Mar 2020

Transactions Involving Controlling Stockholder as a Result of Actual or Inherent Coercion are Subject to Entire Fairness Standard of Review

In In re Tesla Motors, Inc. Stockholder Litigation, C.A. No. 12711-VC (Del. Ch. Feb. 4, 2020), the Delaware Court of Chancery rejected the…
Article

Proskauer Rose LLP | USA | 4 Jan 2019

Decertification Petition Was Improperly Dismissed, NLRB Rules

Recently, we explored how the NLRB’s rules for determining the timeliness of a representation can be confusing. Another area of complexity comes from…
Article

Proskauer Rose LLP | USA | 21 Dec 2018

Employer’s Litigation Hold Not Unlawful, NLRB Division of Advice Concludes

Last year about this time, the NLRB changed the standard for reviewing handbook rules. The new standard takes into consideration the fact there are…
Article

Stinson LLP | USA | 24 Nov 2018

Failure to Provide Audited Financial Statements Precludes Reliance on Corwin

In Re Tangoe, Inc. Stockholders Litigation was one of those situations where everything that could go wrong did. According to the Plaintiff, the…
Article

Barnes & Thornburg LLP | USA | 13 Nov 2018

Can an EPA or State Agency Information Demand Trigger a Liability Insurer’s Duty to Defend?

It is well established that insurance coverage for potentially responsible party (PRP) letters is available under the law of most jurisdictions. Many…
Article

Seyfarth Shaw LLP | USA | 2 Nov 2018

Halloween Bill Provides a Scare By Seeking to Prohibit Workplace Arbitration Altogether

Congress has once again proposed legislation that would seek to ban mandatory workplace arbitration of employment claims, despite a string of United…
Article

Seyfarth Shaw LLP | USA | 5 Oct 2018

NLRB Limits Protections for Striking Workers in Consolidated Communications

Though the NLRA provides robust protections for striking employees, the Board’s decision in Consolidated Communications demonstrates some of the…
Article

Davis Wright Tremaine LLP | USA | 3 Oct 2018

Threats, Coercion, and Duress — the Limits of Government Power and the Unenforceability of Certain Contractual Releases

Even though it sometimes seems otherwise, there are limits to the Government’s authority when it comes to enforcing a contractual release. As the…
Article

Jackson Lewis PC | USA | 7 Sep 2018

NLRB Invalidates Voluntary Severance Agreements, Orders Reinstatement and Full Back Pay

The National Labor Relations Board has upheld an Administrative Law Judge’s decision to invalidate 11 severance agreements that provided payments to…
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