The Counsel's Corner

Government has been amping up disclosures in business showing many avenues for which the US has recently imposed greater disclosure requirements: The Securities and Exchange Commission rules mandating disclosure for cybersecurity incidents and cybersecurity risk management; The Office of Foreign Asset Control promoting ransomware victims to disclose paying threat actors to mitigate or lessen any […]

Employers Prompted to Evaluate Employees’ Access to Confidential Information In November 2022, the FTC issued an updated policy statement regarding the scope of unfair methods of competition under Section 5 of the FTC Act. The FTC appears to now seek preventing what it perceives to be new threats to competition. In the past, the FTC […]

In-house attorneys, who offer both business and legal advice, were looking forward to some judicial clarity on the scope of the attorney-client privilege. Instead, they’ve been left disappointed. SCOTUS decided to dismiss an appeal styled In re Grand Jury, which would have settled what standard should govern privilege in these dual purpose communications situations: Only […]

Is the Chevron Doctrine a Ghost Ship Waiting to Sink? The Supreme Court has granted review in a case where the petitioner has asked to overturn the Chevron doctrine. Justice Jackson has recused herself. From the 8 justices who will consider Chevron, it seems that Chief Justice Roberts as well as Justices Thomas, Gorsuch, and Kavanaugh have already criticized it […]

Are there any constitutional limits to general jurisdiction after the U.S. Supreme Court decided Mallory v. Norfolk Southern Railway Co. at the end of June 2023? There should be nothing controversial about a plaintiff suing a company in a state where the parties were when some claim accrued. But it is unusual for a plaintiff to sue […]