RSHC news

The Department of Justice has sharpened its focus on corporate criminal misconduct, and holding individuals accountable, by rewarding voluntary disclosure and the production of prioritized evidence of individual misconduct; requiring simultaneous resolution of corporate and individual liability; crediting effective compliance programs that include compliance compensation incentives and policies addressing personal electronic devices and encrypted applications; and enhancing the process for the imposition, selection and management of monitors.

Independent and faith-based schools applying for and receiving Paycheck Protection Program (“PPP”) funds should be mindful that as recipients of federal funds, they need to comply with certain federal nondiscrimination laws, including Title IX and Title VI. COVID-19 has created new and complex legal issues for the education community with obtaining and utilizing government funding opportunities under the CARES Act.

On April 6, 2020, the U.S. Supreme Court ruled in Babb v. Wilkie that a federal worker aged 40 and older only needs to show age discrimination was a consideration in a unfavorable employment-related decision to seek relief against the federal government. The Court’s decision does not apply to private, state, and local government employees, but there are key takeaways for all employers.

Cybersecurity risks pose substantial challenges to any company functioning in today’s data-driven marketplace. In addition to threats from internal and outside forces, risks associated with protecting personal and financial information, and the possibility of protracted civil litigation, corporations face increasing pressure from regulators to ensure the security of their systems. This week, two federal agencies doubled down in this arena: the Department of Justice established a task force to combat cybersecurity threats, and the Securities and Exchange Commission issued guidance on the appropriate disclosures of cyber risks and incidents.

On December 11, 2017, the U.S. Supreme Court declined to decide whether Title VII bans employment discrimination based on sexual orientation, leaving in place a pronounced circuit court split on the issue.

On May 30, 2017, the Supreme Court struck another in a series of blows to patent owners this term and significantly broadened the doctrine of patent “exhaustion,” which bars a patentee from asserting patent rights over an article after an authorized sale of the article. The decision reversed longstanding Federal Circuit precedent permitting patent infringement actions if (1) a sale was subject to clearly communicated, lawful restrictions on post-sale use or resale; or (2) a sale was made overseas. The Supreme Court voided these safe harbors, finding them to be sales that exhausted patent rights, reasoning “patent exhaustion is uniform and automatic.” Slip Op. at 13. The Supreme Court’s decision not only has immediate ramifications for patent licensing and enforcement actions, but also is likely to have a cascading effect on worldwide supply chains, pricing and product availability in some countries.

On May 22, 2017, the Supreme Court overturned decades of Federal Circuit precedent, holding that the patent venue statute was not broadened by the later-amended general venue statute. This holding will have significant dampening effect on cases brought in certain jurisdictions, such as E.D. Texas and other venues considered patent-friendly. Moreover, venues like the District of Delaware may experience a swell of patent cases as patentees seek to avoid jurisdictions where a defendant has a place of business.

On April 4, 2017, the Seventh Circuit issued a monumental opinion (Hively v. Ivy Tech Community College of Indiana), holding that Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of sexual orientation. It is the first [and only] federal circuit court decision of its kind; and comes only one week after the Second Circuit ruled that sexual orientation is not a protected category under Title VII..