The Corporate Lawyer

The newsletter of the ISBA’s Corporate Law Departments Section

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2011 Articles

AT&T Mobility, LLC v. Concepcion: An unprecedented change in consumer class action availability By Carolyn A. Thiess September 2011 The decision of AT&T Mobility, LLC v. Concepcion greatly hinders the availability of class action proceedings under Federal Rule of Civil Procedure 23, as well as class action arbitrations, and represents a major victory for corporations.
Canada Consumer Product Safety Act went into effect June 20, 2011—What retailers need to know By Douglas F. Harrison July 2011 Retailers operating in Canada began facing significant new obligations under the new Canada Consumer Product Safety Act, which went into effect on June 20, 2011.
Case law developments April 2011 Recent cases of interest to corporate attorneys.
Case law developments January 2011 Recent cases of interest to corporate attorneys.
Duty to defend By Laurie E. Dugoniths August 2011 The duty to defend is a contractual obligation almost always found in commercial general liability policies and, as the costs of litigation continue to rise, is often considered to be more valuable to an insured than the duty to indemnify.
Employees vote out union after company-filed petition for election By Alan M. Kaplan May 2011 In a seldom-used procedure under the National Labor Relations Act (“Act”), the company filed a special "RM Petition" requesting an election.
“Employer bashing” or “concerted action”: Consider your electronic use policy By Frank M. Grenard January 2011 An employee was recently terminated after posting complaints about her employer on her Facebook page, in violation, the employer claims, of its employment policy. What is too restrictive? What is appropriate? The case is scheduled for hearing on January 25th, 2011.
The “Facebook Firing” case—Employer limits on restricting employee use of social media By Julie Krupa & Gregory G. Thiess April 2011 The issue in this case stemmed from an employee’s negative comments about her employer posted on the employee’s Facebook page.
Federal jury acquits in-house counsel of criminal charges arising from client’s response to government investigation By Lisa Simmons July 2011 A federal judge has acquitted a former in-house lawyer for GlaxoSmithKline of six criminal charges that she obstructed a federal investigation and made false statements to investigators.
The future of corporate structures: The Washington, D.C. approach By Frank M. Grenard November 2011 For better or for worse, what has started with the nation’s capital has the potential to reach the Illinois General Assembly’s eye and ear, particularly if it results in a significant attraction to companies to set up shop in a BOC-type jurisdiction.
Hazards of failure to register as a foreign corporation By Stephen M. Proctor June 2011 Although registering as a foreign corporation will subject the corporation to the state’s jurisdiction and taxation, some consequences, as shown in Centralia Mining Co., v. Deneen Crawford, could be even more severe.
ICANN likely to open new general top-level domain names this year By John Ambrogi May 2011 The Internet Corporation for Assigned Names and Numbers (ICANN) is a not-for-profit corporation formed in 1998 that is dedicated to keeping the Internet stable, secure and interoperable. The new top level domain (TLD) offerings will enable businesses, governments, and organizations to own and operate a TLD of their choosing.
In-house compensation—Still okay? By Jim McGrath August 2011 A look at what corporate lawyers earn.
One minute removal is proper, the next it is not: The possibility of removal under the “forum defendant rule” By Sandord G. Hooper April 2011 Removal under the forum defendant rule does not present itself terribly often, but when it does, it can provide defendants with an opportunity to litigate their dispute in federal court if they prefer that forum.
Protectable interests in restrictive covenants expanded By Michael P. Tomlinson January 2011 Until there is an Illinois Supreme Court decision on the issue, the overall guiding principle in determining whether the scope of the covenant will be upheld is whether it is attempting to do something “over and above” simply suppressing “ordinary” competition.
Torts at work—Some thoughts on negligent hiring By Jim McGrath April 2011 Each year companies pay millions of dollars to victims harmed by their employees, based on the doctrine of vicarious liability, and more and more frequently, based on the emerging tort of negligent hiring, which is now recognized in most states.
Trademark protection—Practice points to consider By Elliott C. Bankendorf & Melaina D. Jobs June 2011 A general overview of the trademark registration process.
What to do when an OSHA inspector comes to your job site By Alan M. Kaplan May 2011 An overview of the steps to follow when an OSHA inspector arrives at a company’s job site.
Will disqualifying job candidates based on their current unemployment soon be prohibited? By Julie Crabbe & Gregory G. Thiess April 2011 Until the EEOC clarifies the circumstances under which employment status is an appropriate or inappropriate criterion for job selection, employers should evaluate carefully whether to consider an applicant’s status as unemployed in making such decisions.