Minding Your Business

Proskauer’s perspective on developments and trends in commercial litigation.

2018 Amendments to Rule 23 – Summarized

Effective December 1 of this year, Rule 23 of the Federal Rules of Civil Procedure – governing class action lawsuits – was amended. Among other things, the amendments modernize the rule with respect to electronic communications, set forth a more unified approach to approving settlements, and discourage bad faith objectors to class action settlements. Continue Reading

Divided New York Court of Appeals Restricts Freedom of Information Law Disclosures

A divided New York Court of Appeals recently held that Civil Rights Law § 50-a bars disclosure of police officer personnel records except under very limited circumstances, eliminating access to such records by the press or advocacy groups under the Freedom of Information Law (“FOIL”) even if the police department itself is willing to release them and even if they are redacted. The decision, In the Matter of New York Civil Liberties Union v. New York City Police Department, came with two dissents arguing that it is a significant break with earlier case law in which the Court construed FOIL exemptions more narrowly and at least suggested that agencies and the lower courts had more flexibility to effectuate FOIL’s goal of transparency. Continue Reading

The Golden Rules: A Primer on California’s New Professional Responsibility Rules

California overhauled its Rules of Professional Conduct effective November 1, 2018. This post highlights some impactful revisions for commercial litigators. However, all California lawyers should familiarize themselves with the sixty-nine new and revised rules. Continue Reading

DOJ Announces First Settlement Under Trump Administration Regarding “No-Poach” Agreement

On April 3, 2018, the Antitrust Division of the U.S Department of Justice (“DOJ”) announced that it had reached a settlement in a matter involving a “no-poaching” agreement between employers—the first such enforcement action under the Trump Administration.  The DOJ’s pursuit of the matter reflects the Department’s continuing scrutiny of employment and hiring agreements between corporations.                         Read the full post on Law and Workplace blog.                                

Consolidation, Like Marriage, Preserves the Distinct Identities and Rights of Its Constituents

In its recent decision in Hall vs. Hall, the U.S. Supreme Court ruled unanimously that after a final decision in one of several consolidated cases, the losing party has the immediate right to appeal that decision, even when other consolidated cases are still pending. Courts may consolidate cases for efficiency. Writing for the Court, Justice Roberts made clear, however, that such consolidation does not change the independent nature of the underlying claims, and that consolidated cases retain their separate and distinct identities. Continue Reading

CA Court of Appeal Confirms Narrow Construction for Anti-SLAPP Commercial Speech Exemption

A recent California Court of Appeal decision highlights the narrow construction given to the commercial speech exemption of California’s anti-SLAPP statute, and the burden on plaintiffs opposing an anti-SLAPP motion on the basis of the exemption. Continue Reading

A Primer on the SHIELD Act: New York’s Move to Adopt More Stringent Data Security Requirements, Part II

What would companies need to do to comply with the law?

The Stop Hacks and Improve Electronic Data Security (SHIELD) Act imposes requirements in two areas: cybersecurity and data breach notification. The cybersecurity provisions of the proposed SHIELD Act would require companies to adopt “reasonable safe-guards to protect the security, confidentiality and integrity” of private information. The Act provides examples of appropriate administrative, technical, and physical safeguards, such as designating an employee to oversee the company’s data security program; identifying “reasonably foreseeable” risks to data security; selecting vendors that can maintain appropriate safeguards; detecting, preventing and responding to attacks and system failures; and preventing unauthorized access to private information.  Continue Reading

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