Proskauer Rose LLP (LexBlog Ireland)

CA District Court: Insurance Policy Covering Securities Claims May Extend to SOX Whistleblower Claims
A recent California district court addressed the question of whether, for insurance coverage purposes, a SOX whistleblower claim is a “securities claim,” and answered that question in the affirmative. Skye Bioscience v. PartnerRe Ireland Insurance DAC, No. 23-cv-01218. Section 1514A of SOX provides a cause of action for employees who face alleged retaliation because of...
From Ireland to Iceland to Groban? Supreme Court Leaves in Place Circuit Split Regarding Approach for Assessing Substantial Similarity in Copyrighted Works
The United States Supreme Court recently denied certiorari in Johannsongs-Publishing, Ltd. v. Peermusic Ltd., et al, bringing an end to a copyright infringement suit relating to Josh Groban’s 2003 song You Raise Me Up. Notably, in declining to hear a challenge to the Ninth Circuit’s ruling that Groban’s song did not constitute infringement, the Court...
Ireland Supreme Court Analyzes Disability Accommodation Requirements
On July 31, 2019, in the case of Nano Nagle School v Daly, the Supreme Court of Ireland delivered its decision in a long-running disability discrimination lawsuit between a paraplegic special needs assistant (“SNA”) and the school that ended her employment based on her disability. The Court’s decision provides a thoughtful analysis of an employer’s...
Ireland Moves Forward with New Parental Leave Policies
The President of Ireland is on track to sign into law a new amendment to parental leave laws after the country’s upper house (“Seanad Éireann”) approved it on May 8, 2019. The law had previously passed the lower house (“Dáil Éireann”) on June 13, 2018. The amendment now returns to Dáil Éireann for final approval before...
European Union Issues Landmark Employment Discrimination Ruling
On December 4, 2018, the European Court of Justice (“ECJ”) issued an important decision on age discrimination in relation to the age requirements for new recruits to the Irish police force. Facts This case relates to the applications made by three Irish citizens to join the Irish national police. Their applications were refused because of...
In the E.U., Where to Bring Suit When the Subject is Data and the Defendant is a U.S. Company? Hint: It’s About More Than Just Location
When are U.S. social media companies subject to European data privacy laws? As we reported in 2013, the answer is often contingent on geographic location – where the relevant data is processed. In 2013, for example, a German court ruled that Facebook was not subject to German data protection laws because the relevant data was...
Is the Flap Over Microsoft Emails in Ireland Overblown?
Corporate Counsel published an article authored by Nolan Goldberg, Senior Counsel, Intellectual Property and Technology, concerning the recent decision compelling Microsoft to produce e-mails located on foreign servers. The article, entitled “Is the Flap Over Microsoft Emails in Ireland Overblown?”, provides a counter-point to critics who believe that Judge Preska’s Order will have broad...

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