NLRB Rules It Illegal For Employer To Say It Will Comply With The Law

Recently, the National Labor Relations Board concluded that an employer violated the law when it adopted a policy requiring employees to "Keep customer and employee information secure. Information must be used fairly, lawfully and only for the...

Is The LLC A Party To Its Own Operating Agreement?

Is an LLC a party to its own operating agreement?

Court Addresses Jurisdiction Over Alleged Tortious Internet Conduct

By dramatically lowering the cost of disseminating information, the internet has made it possible for companies to "cybersmear" their competitors before a large potential audience at very little cost. The internet also allows companies to disguise...

Oxfam America Takes A Stand, But Does It Have Standing?

Recently, I wrote about Oxfam America's new lawsuit against the Securities and Exchange Commission for failing to adopt a final rule implementing Section 1504 of the Dodd-Frank Wall Street Reform and Consumer Protection Act. I heard from one reader...

SEC Advisory Committee To Consider Fee-Shifting Bylaws, But Why?

One agenda item for the upcoming meeting of the Investor Advisory Committee is a "Discussion of Issuer Adoption of Fee-Shifting Bylaws for Intra-Corporate Litigation". This is indeed an interesting and timely topic in light of the Delaware Supreme...

Nevada Supreme Court Upholds Fraud Verdict Against The California Franchise Tax Board

The Franchise Tax Board's Shande

Oxfam America Sues The SEC (Again) For Dilatory Rule Making

Recently, I wrote of the shamelessness of the Securities and Exchange Commission targeting late filers even while it continues to miss many legal deadlines itself. In that post, I mentioned that the SEC adopted resource extraction rules only after...

In Judicial Opinions, These Words Are Truly Zeltn

Readers of this blog know that it isn't just about the law, it is about the language of the law. As I've mentioned, many of our legal terms are derived from Norman French courtesy of William the Conqueror. Recently, I began to wonder about the use...

Congressman Proposes Federal Non Disparagement Law

Last Friday, I wrote about a new California law that provides that a contract or proposed contract for the sale or lease of consumer goods or services may not include a provision waiving the consumer’s right to make any statement regarding the...