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In an increasingly globalized world, it is extremely important to understand what is involved in enforcing judgments against foreign assets. Given that there is no global system for enforcing a judgment, one often has to seek recourse in multiple jurisdictions and be aware of the different requirements in these jurisdictions. Our network is pleased to publish the inaugural “Guide to Enforcing Foreign Judgments”. The publication includes contributions by thirteen of LEI’s member firms and provides a summary of the law respecting enforcing foreign judgments in various jurisdictions across the globe. The guide shows how LEI’s member firms can offer client access to industry-leading lawyers to serve their needs worldwide. A big thank you to the editor-in-chief, Christophe Shammas from Loopstra Nixon LLP, who was instrumental in organizing and bringing this publication together. The publication can be found at this link.

This is a phrase most litigators have heard, or perhaps said themselves, more than once. This phrase is intended to provoke a reactionary response in your opponent and demonstrate to them, and your client, that you: 1) “mean business”, 2) that you will not allow the action to languish and 3) that you have the power to bend the opponents to your will. For some lawyers, threatening, and proceeding with default steps against a party who has been responsive to the action, but perhaps not responsive enough, is the mark of a so-called “fierce” and “zealous” litigator. Read the full article here.

On December 22, 2021, the Austrian Data Protection Authority (DSB) found that medical news company, NetDoktor, violated Europe’s General Data Protection Regulation (GDPR) by using Google LLC’s popular data analytics platform, Google Analytics (GA), on its website, which resulted in the transfer of personal information from Europe to Google’s servers located in the United States (U.S.).1 Such transfers are generally prohibited unless an adequate level of data protection exists pursuant to Article 44 of the GDPR, including through European Commission-approved standard contractual clauses (SCCs). Read the full article here.

We recently reported in “New York State Expands Workplace Whistleblower Protections”1 that Section 740 of the New York Labor Law was amended effective January 26, 2022, to significantly expand protections for workplace whistleblowers outside of health care. Before the amendment, such whistleblowers were protected only if they disclosed activity that actually violated a law, rule or regulation and which presented a substantial and specific danger to the public health or safety. Read the full article here.

The U.S. Securities and Exchange Commission (SEC) has proposed new rules that target advisers to private funds. Among other changes, the rules would require these advisers to obtain annual audited financial statements for each of the private funds they manage, as well as to provide investors with quarterly statements detailing fund performance, fees and expenses. Additionally, any adviser-led secondary transaction would require a fairness opinion from an independent third party. The proposed rules have been described as a “sea change” in the law. Read the full article here.

As of January 8, 2022, New York State joined the ranks of more than a dozen states that have legalized online and mobile sports betting since the U.S. Supreme Court’s 2018 decision in Murphy v. National Collegiate Athletic Association, which struck down the Professional and Amateur Sports Protection Act, also known as the Bradley Act. This paved the way for individual states to regulate sports betting, which had effectively been banned nationwide with limited exceptions. Read the full article here.

Passage of the Marijuana Regulation and Taxation Act (MRTA) legalized adultuse recreational cannabis in New York State and opened the doors to a market projected to be worth billions of dollars. The legislation created a new Office of Cannabis Management governed by the Cannabis Control Board (collectively, OCM). The OCM will implement regulations governing the manufacturing, packaging, labeling, advertising and testing of cannabis products to protect consumers. The regulations are expected to be finalized later this year. Read the full article here.

Environmental, Social and Governance (ESG) issues are becoming crucial drivers of operational and investment decisions in both the public and private spheres, and the construction industry is no exception. One area in particular where ESG and construction intersect is the use of sustainable design concepts and sustainable materials in construction projects. Read the full article here.

The U.S. Senate passed legislation on February 10, 2022, that prohibits employers from requiring arbitration with employees for certain disputes. The Ending Forced Arbitration Act, which President Biden is expected to sign, invalidates pre-dispute arbitration agreements that preclude a party from filing a lawsuit in court that relates to sexual assault or sexual harassment. Pre-dispute class action waivers for sexual assault or sexual harassment claims are also unenforceable. Read the full article here.

In the midst of what is becoming a national patchwork of data privacy laws,1 on March 2, 2021 Virginia became the second state to enact a comprehensive data privacy law.2 Although the Virginia Consumer Data Protection Act (the “VCDPA” or the “Act”) does not become effective until January 1, 2023, we thought it would be worthwhile to explore its major provisions in order to allow companies to begin preparing for compliance. Read the full article here.

After decades of writing business ideas down, Philip Freeman decided to start Murphy's Naturals so he could solve a simple problem - his wife kept getting stung by mosquitos. And then when that business grew too big for his garage, he founded The Loading Dock to solve his new problem - and help other entrepreneurs along the way. Read the full article here.

Josh Hayes' blog post, What’s the Difference Between a Public Benefit Corporation and a B Corp Certification?, was cited in the Veeva Systems case study: The Journey to Converting to a Public Benefit Corporation presented at the Berkeley Law Executive Education series. Read the full article here.