Recently amended DGCL Section 102(b)(7) allows Delaware corporations to provide officers with exculpatory protections for personal monetary damages resulting from a breach of fiduciary duty in certain actions. While the protections are subject to limitations and not as broad as those provided for directors, the amendment addresses the historic disparate treatment of officers and directors in class action litigations.
The US Supreme Court’s recent decision in Dobbs v. Jackson Women’s Health Organization has presented many issues for sponsors of group health plans to contemplate as they decide whether and how to proceed with the offering and administration of abortion services. While each group health plan sponsor will need to consider its own objectives, plan populations and tolerance for risk,
this article provides a list which identifies factors that sponsors should address before taking any definitive action.
The US Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, has created profound uncertainty for individuals and entities attempting to navigate a web of inconsistent and often conflicting federal and state laws. One key question is the impact of individual state laws on the provision of health-related services or benefits across state lines, particularly where state laws provide for criminal liability.
Due to the nature of the state-by-state regulation and ongoing developments in state and federal regulations following the US Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, there is much uncertainty regarding many of these issues. This article provides a brief summary of: (1) some potential options to structure these employee benefits, including certain key issues and risks, and (2) the employment law issues that may arise.
On May 26, 2022, the US Department of Commerce, the Bureau of Industry and Security (BIS) issued a final rule, finalizing changes to License Exception Authorized Cybersecurity Exports (ACE) and making related changes to other sections of the Export Administration Regulations (EAR). These changes include narrowing of exceptions for end use restrictions applicable to certain government end users in Cyprus, Israel, and Taiwan under License Exception ACE and addition of new end use restrictions for License Exception ENC (Encryption Commodities, Software, and Technology).
On June 13, 2022, the US Supreme Court resolved a long-standing circuit split holding that broad U.S.-style discovery under 28 U.S.C. § 1782 is not available in private foreign arbitrations. In the past decade, litigants in international arbitrations had been trying to use section 1782 more frequently to obtain comprehensive discovery that would otherwise typically be unavailable in arbitration abroad. While the Supreme Court has ostensibly put an end to that practice, the possibility of further litigation over section 1782 remains, as parties are likely to test the boundaries of the Supreme Court’s decision.
On May 19, 2022, the US Department of Justice (“DOJ”) announced significant clarifications to its policy on charging Computer Fraud and Abuse Act (“CFAA”) violations that give some comfort to cyber security consultants who engage in network testing and related operations. Such activity has long been a gray area for “white hat” hackers.
This article discusses the SEC’s proposed rule on climate-related risks includes amendments to both the financial reporting requirements (Reg S-X) and the narrative disclosure requirements (Reg S-K). The proposal interlinks the new requirements, drawing aspects of the required narrative disclosures into the financial statement.
This article summarizes the requirements of the ordinance the Chicago City Council passed in May 2022, that imposes new anti-sexual harassment requirements for employers located in Chicago. The new requirements went into effect on July 1, 2022.
This article provides key considerations for telehealth providers in mapping out how to deliver care on a multi-state basis in light of the Dobbs decision and related state legislation.