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Fourth Circuit Places Burden on Defendants to Disprove Loss Causation in Fiduciary Breach Cases

A case concerning a change in 401(k)benefits after Nabisco’s parent company split may make it to the Supreme Court, to determine whether the defendant bears the burden of proof for the element of causation under ERISA, and ask what standard to apply to evaluate whether a fiduciary is liable for damages under the act.

Technology-Assisted Review Is Not an “Unproven Technology”

Technology-assisted review is a widely accepted and appropriate tool to limit the burden of e-discovery, a U.S. Tax Court recently ruled in a case where the IRS requested what two taxpayers asserted what was an unnecessary amount of data.

API Promotes Stacy Linden To GC

API announced recently that Stacy Linden has been promoted to general counsel for the association effective immediately. Linden joined API […]

Jason Crew To CEO At Summit Power

Seattle-based Summit Power has named Jason Crew as CEO. Former CEO Eric Redman will assume the role of co-chairman of […]

Brad Owens Promoted To GC At Zillow

Zillow has promoted Brad Owens to the position of general counsel, overseeing the company’s legal affairs and corporate governance. Owens […]

JPMorgan Hackers Breached Nine Other Financial Firms

The overseas hackers who compromised more than seven million people’s information at JPMorgan Chase & Co. also infiltrated nine other […]

“How” Center Of Trademark Dispute Between Business Consultant, Chobani Yogurt

A prominent business consultant and Chobani Greek yogurtare engaged in an extended legal battle over use of the word “how.” […]

Your Arbitration Agreement Should Define Its Own Limits

A cautionary tale in the form of a recently decided case in the First Circuit. The would-be plaintiff, a business that was an exclusive sales agent for Verizon…

Use of Big Data in Recruiting and Screening Could Mean Big Problems for Employers

Using big data in recruitment and employee screening – including referencing social media – runs the risk of violating the Civil Rights Act, the EEOC and FTC have warned.

A Review of Recent Whistleblower Developments

The first whistleblower award to a compliance professional, and a major award to a foreign worker are among the updates worth noting regarding whistleblower regulations.

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