Public Policy

Expert Analysis

• Evaluating The 'Timing Defense' When Fighting DTSA Claims

  

  Since the enactment of the Defend Trade Secrets Act last year, savvy defendants have established a viable strategy: moving to dismiss the claim where the plaintiff has only alleged facts that show acts of misappropriation occurring prior to the law's enactment date. At least a half-dozen courts have tackled this “timing defense” and defendants raising it in motions to dismiss have seen mixed results, says Jonathan Shapiro of Epstein Becker Green.

• After FTC's Update, A Refresher On Complying With COPPA

  

  Last week, the Federal Trade Commission issued an updated six-step plan for businesses to comply with its Children’s Online Privacy Protection Act rule. Behnam Dayanim and Mary-Elizabeth Hadley of Paul Hastings LLP summarize the two key changes in the updated plan and review the six steps companies should take when considering COPPA.

• 3 Labor Law Issues All Employers Should Follow

  

  Later this year, decisions are anticipated from various courts regarding the enforceability of employee class action waivers, the validity of the National Labor Relations Board's joint employer doctrine, and the appropriateness of "micro units" under the NLRB's 2011 Specialty Healthcare decision. Companies operating in the U.S. will want to closely monitor these decisions and understand their potential impact, says Jordan Faykus of... (continued)

• Monthly Column

  Gray Matters: We Feel, We Decide

  

  Despite legal education training and the focus on logic and reason by the courts, lawyers address emotional issues on a daily basis — albeit more indirectly. But a shift to consciously and strategically addressing emotions gives us a powerful tool to help our clients reach faster, better decisions, say dispute resolution experts Robert Creo and Selina Shultz.

• Key Privacy Developments In Trump's First 150 Days

  

  Recent significant shifts in privacy policy include an executive order withdrawing Privacy Act protections for non-U.S. individuals, and the rollback of the Federal Communications Commission's broadband privacy rules, says Jaipat S. Jain of Lazare Potter & Giacovas LLP.

• 9th Circ. Raises The Bar On Misprision Of A Felony

  

  Just two days before the appointment of special counsel Robert Mueller, the Ninth Circuit added a new element to one of the potential crimes within his jurisdiction. In U.S. v. Olson, the court held that misprision of a felony requires a defendant to know the crime he or she is concealing is a felony. No other court has considered such a requirement in the 227 years since the crime was codified, says Andrew Goldsmith of Kellogg Han... (continued)

• The UK's New Suspicious Activity Reporting Regime: Part 2

  

  Under the U.K. Criminal Finances Act 2017, the procedures for reporting suspicious financial activity have changed. Law firms, accounting firms and banks must now take on a more active role in identifying sources of information relevant to determining whether a money laundering offense has taken place, and must respond to information requests from other regulated firms, say attorneys with Dechert LLP.

• June Brought A Flurry Of Employment Law Developments

  

  In the past few weeks, the U.S. Department of Labor, under new Labor Secretary Alexander Acosta, has moved to dismantle a series of Obama administration rules and guidance regarding employment regulation. Adam Primm and Peter Kirsanow of Benesch discuss what employers should know about these recent developments.

• Calif. Does Not Bar Defense Coverage For 'Willful Acts'

  

  Although California Insurance Code Section 533 prohibits insurers from indemnifying policyholders for their intentional misconduct, insureds should carefully review applicable policies to see if policy language creates at least a reasonable expectation for defense coverage, say Darren Teshima and Harry Moren of Orrick Herrington & Sutcliffe LLP.

• Employer Steps For Avoiding Business Travel Mishaps

  

  Steps taken by the Trump administration to tighten U.S. border security have signaled a new era in global mobility, both in the United States and throughout the world, in which cross-border travelers should expect more advanced investigation techniques by immigration officers as well as increased scrutiny and examination for even seemingly routine international travel, say attorneys at Mayer Brown LLP.