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By: Matthew Bartley
On August 21, 2019, a Delaware Chancery Court ruled that a fully executed written agreement—signed by relatively sophisticated parties—can be deemed unenforceable if uncertainty exists in the agreement’s formation. In Kotler v. Shipman Associates, LLC, C.A. No. 2017-0457-JRC (Del. Ch. Aug. 21, 2019, corrected (typo on page four) Aug. 27, 2019), the court ruled that an equity warrant agreement between an employee and her former employer was unenforceable because it did not codify the required objective intent of both parties to be bound by its provisions.
By: Noah Schultz-Rathbun
Alex Morgan, Megan Rapinoe, and the rest of the U.S. Senior Women’s National Soccer Team (“WNT”) notched another major victory in early November. Morgan and Rapinoe, along with teammates Carli Lloyd and Becky Sauerbrunn, were named class representatives for the rest of the team by U.S. District Court Judge R. Gary Klausner in his November 8 order granting their motion for class certification.
ALTITUDE EXPRESS, INC. V. ZARDA: HOW THE SUPREME COURT’S DECISION MAY AFFECT CORPORATE CULTURE AND COMPANY POLICIES
By: Jada Allender
Altitude Express, Inc. v. Zarda is currently before the Supreme Court to determine whether discrimination based on sexual orientation is prohibited by Title VII of the Civil Rights Act of 1 1964. Oral argument was heard on October 8, 2019 and a decision is expected in 2020.
By: Nicholas Beatty
On November 6, 2019, Plaintiff Gerald Lovoi, derivatively on behalf of Netflix, Inc. (“Netflix”), brought a stockholder derivative complaint against the company’s board of directors (the “Board”) and executive officers.
By: Nick Kandas
This week (February 25, 2020) in Personalized Media Communications LLC v. Google LLC, Judge Rodney Gilstrap of the United States District Court of the Eastern District of Texas asked the parties to provide briefing on the impact of a federal circuit decision on this case. Personalized Media Communications responded by writing that machines, in this case servers, are agents of Google. Unpacking how Personalized Media arrived at this incredulous claim requires a quick and exciting dip into the world of patent venue.
By: Jacklyn Brandby
In 2017, a former Uber employee published an essay describing the details of her work experience as a site reliability engineer. In this essay, the employee wrote about inappropriate behavior by her manager and stated that when it was reported to human resources, the company provided no relief.
By: Vanessa Stockwill
We often muse that “nothing is certain but death and taxes.” However, remote sellers were able to evade the latter until 2018 because a series of Supreme Court decisions held that sales taxes levied against out-of-state businesses are unconstitutional unless the seller has a physical presence inside the state. Because of this requirement, Arizona—like many states—requires customers to pay a use tax on any purchase for which the seller doesn’t collect a sales tax. Since it is impractical to enforce this schema, the physical presence requirement effectively gave remote sellers a tax advantage over businesses with in-state employees, stores, or other physical presence.
By: Masden Griffiths
The COVID-19 pandemic has affected nearly every aspect of our lives. Arguably, one of the biggest changes has been the transition to a ‘Work from Home’ economy. Both employers and employees have had to combat the challenges of garnering productivity from within the walls of their homes. In an attempt to keep going and growing, businesses have also had to abandon traditional in-person interviews and job assessments in favor of virtual meetings and online tools to measure potential employees’ cognitive capabilities, emotional intelligence, personality traits, and skill sets. Employers have also opened their doors to new hiring practices by using Artificial Intelligence (A.I.) for recruiting and assessment in hiring decisions to help eliminate bias. However, “[l]ike any new technology, artificial intelligence is capable of immensely good or bad outcomes.” Businesses have found themselves in a dilemma when it comes to replacing a typical human review process with a ‘bot.’
By: Zachary Rapp
On September 9, 2019, the Antitrust Division of the Department of Justice filed notice outlining the arbitration process associated with their challenge of the proposed acquisition of Aleris Corporation (“Aleris”) by Novelis Inc. (“Novelis”).