Shannon Bettis Nakabayashi

Calling all process nerds!! Big things are happening in California Civil Procedure. So many cases, perhaps most, already live or die by fealty to required process or the lack of it. Wiemond and I are excited to share insights and expectations about the new requirements and their impact on litigation in California. #processmatters #civpronerds #hansonbridgett #cadiscoveryact

6

I’m joining a great panel this Weds to talk about how AI has impacted IP, and what it means for companies looking to innovate. Hope you can join us for a great conversation!

49

2 Comments

Major changes to PAGA (California's Private Attorneys General Act), including the law's penalty structure. Read more below! #PAGA #PAGAReform #ClassActions #CaliforniaEmploymentLaw

4

#BusinessLawToday | Companies seeking to take advantage of AI in hiring and employment need to understand the risk of AI bias, key legal considerations, and best practices. Read: https://lnkd.in/gKUhGdVA #BusinessLaw #BusinessRegulation #RegulatedIndustries #InternetLaw #CyberSecurity

2

#BusinessLawToday | Updating Disclosure Schedules An introduction to disclosure schedule updates provisions, including why parties include a right or obligation to update disclosure schedules, the scope of permitted updates, and the updates’ effect on other rights and obligations of the parties under the acquisition agreement. Features interviews with ABA M&A Committee members John F. Clifford from McMillan LLP and Ann Beth Stebbins from Skadden, Arps, Slate, Meagher & Flom LLP. View: https://lnkd.in/g_qcCy37 #BusinessLaw #MergersaandAcquisitions #MandA #MarketTrends

2

The federal courts are considering a number of challenges to the new Title IX regulations, which are effective August 1. One court has enjoined implementation of the new regulations in four states (not California!). Read on for more information and remember to have your Title IX coordinators receive training on the new regulations before the new school year starts!

4

The California Supreme Court recently clarified what constitutes compensable time for employees. Perkins Coie LLP provides key takeaways and discusses the implications for California businesses in this blog post. #WageAndHour #LaborAndEmployment #LaborAndEmploymentLaw #CaliforniaEmploymentLaw

5

A reminder that while we wait to see how challenges to the FTC's non-compete ban unfold, employers must still comply with state laws governing non-competes. Read our post to learn more about the changes to WA's non-compete law.

2

https://lnkd.in/gvYADR_t Today on the Fox Rothschild blog, I break down the ADA's April 2024 Final Rule, which updates and clarifies the ADA's specific technical requirements for compliance on web-based public-facing platforms and apps. While these rules do not apply to private-sector businesses, they will apply to private companies doing business for public entities. Read more at the link and contact me with any questions about your business' ADA and UCRA compliance on apps/websites. #ADA #accessibility #ADACompliance #CAUnruh

9

For some practical guidance for employers on the California Supreme Court's recent Estrada decision on claims under the Private Attorneys General Act (PAGA), check out our article in HR Daily Advisor.

9

Two nights ago, NACD Northern California Chapter and Foley & Lardner LLP welcomed a group of globally-focused board directors to a private dinner. My partners Christopher Swift, who runs our firm’s national security team, and freshly joined Brian Wheeler, led a discussion around geopolitical threats, enforcement trends, and practical consequences to the phenomena relating to “securitization” of international trade and investment. Dr. Swift set the stage with three key paradigm shifts: 🔸 Economic: globalization to regionalization 🔻 Political: integration to fragmentation 🔺 Sociological: comprehension (fact-based decision making) to apprehension (emotion-based decision making) The practical consequences, as we see them, are that: 🔷 There are increasing restraints on cross-border trade and investment 🔵 More decisions are based on perceptions and posturing rather than facts (subjective vs. objective decision making) ☑ There is a growing tendency to turn commercial issues into security issues (that do not actually implicate national security) Our discussion highlighted the necessity for directors to prompt management to evaluate the potential risks and vulnerabilities stemming from geopolitical threats and regulatory enforcement actions. This process includes actively identifying areas of exposure, assessing the likelihood and impact of different scenarios, and creating strategies to mitigate risks and strengthen resilience. Here are several questions to consider asking at your next board meeting: ❓ How does the company gather and analyze intelligence on geopolitical developments?   ❔ What crisis planning has been done to manage various worst-case scenarios and how often is management reviewing this?   ⁉ How is management staying apprised of regulatory changes or compliance requirements related to geopolitical risks and international trade?    ⭕ How are we ensuring that our operations remain compliant in volatile markets? ❌ How resilient is our supply chain when it comes to geopolitical disruptions? Do we know who our suppliers' suppliers are? Do we have alternate suppliers on standby in the case of a geopolitical crisis?   ✖ How can the board support management in addressing these geopolitical challenges?   ✴ How may geopolitical issues affect the culture of the business and the employees/offices worldwide? Thank you 🙏 to Brian Wheeler for co-hosting the event with me, and Christopher Swift for leading the night's discussions. Special thanks 🙏 to our NACD directors Lisa Spivey 史白薇 and Kate Azima for bringing us all together. They do such an incredible job for us! 🙌 #techlaw #boardofdirectors #corporategovernance #venturecapital #foleyforward #garage2global #internationaltrade, #internationalsecurity, #doingbusiness, #china, #russia, #europeanunion, #unitedstates

60

13 Comments