• July 23, 2014

    FTC Commissioner Calls For Balanced Approach To 'Big Data'

    Federal Trade Commissioner Maureen Ohlhausen urged her colleagues to take a “humble regulatory approach” to tackling the privacy concerns raised by the aggregation and analysis of large data sets that takes into account both the benefits and the risks of big data initiatives.

  • July 23, 2014

    FTC Steps Up Privacy Enforcement, With No Slowdown In Sight

    Despite facing a pair of court challenges to its authority, the Federal Trade Commission spent the first half of 2014 aggressively pursuing companies such as Snapchat Inc. and Fandango LLC over allegedly misleading privacy promises and lax data security, and attorneys expect the regulator to continue to put pressure on companies to secure and protect the consumer data they hold.

  • July 23, 2014

    Farmworkers' Challenge To DOL Prevailing Wage Policy Axed

    Several migrant farmworker organizations lost their challenge to the U.S. Department of Labor's implementation of a wage policy that allows employers to use private surveys, rather than publicly available data, to set wage levels, with a Pennsylvania federal judge ruling Wednesday that their claims were not ripe for a decision.

  • July 23, 2014

    Small Biz Research Funds Boost DOD Innovation, Panel Told

    The House Small Business Committee heard Wednesday from government witnesses supporting efforts to strengthen the recently reauthorized Small Business Innovation Research and Small Business Technology Transfer programs, which have improved the U.S. Defense Department and other agencies' access to cutting-edge research.

  • July 23, 2014

    Calif. Board Says Out-Of-State Corps. In LLCs Owe $800 Tax

    California's tax regulator issued a legal ruling Tuesday affirming that out-of-state corporations that are members of limited liability companies doing business in-state must pay an $800 annual tax, even if the corporations have no other contact with California or if the LLCs don't turn a profit.

  • July 23, 2014

    Cuomo Signs Bill Giving NY Interns Workplace Protections

    Gov. Andrew Cuomo on Tuesday signed legislation that gives New York state interns workplace protections, like those enjoyed by regular workers, from sexual harassment and discrimination, expanding across the state a similar move made in spring by New York City leaders.

  • July 23, 2014

    FLSA Ambiguities Driving More Lawsuits, Congress Told

    An increased willingness among attorneys to take on wage-and-hour cases and ambiguity in applying the Fair Labor Standards Act have driven a substantial rise in wage lawsuits over the past decade, a U.S. Government Accountability Office official told Congress on Wednesday.

  • July 22, 2014

    Insurance Cases To Watch In The 2nd Half Of 2014

    Insurance attorneys are on the lookout for long-awaited guidance from California's high court on when policyholders can transfer their rights under insurance policies during mergers, acquisitions and corporate restructurings, among other groundbreaking rulings that may come down in the latter half of 2014.

  • July 22, 2014

    Apple Retail Workers Nab Class Cert. In Wage-And-Hour Suit

    A class of 20,000 retail and corporate employees of Apple Inc. won class certification Monday, in their long-running suit alleging the technology giant cheated them out of pay for skipped breaks and final paychecks, according to a brief order handed down by a California judge.

  • July 22, 2014

    President Signs Law Revamping Worker Training Programs

    While praising Congress for compromising on legislation, President Barack Obama on Tuesday signed an amended version of a job training act first enacted in the late 1990s, which seeks to streamline current workforce development programs.

  • July 22, 2014

    Employer Must Prove Worker Is Illegal To Deny Benefits

    The Pennsylvania Supreme Court ruled Monday that an employer seeking to terminate workers' compensation benefits bears the burden of proving that the injured employee in question cannot obtain another job because he is in the U.S. illegally.

  • July 22, 2014

    KPMG Beats Auditors' OT Claims In 2nd Circ.

    The Second Circuit ruled Tuesday that despite their entry-level positions, KPMG LLP audit associates have a level of specialized knowledge and professional discretion that makes them exempt from federal overtime requirements.

  • July 22, 2014

    China Urges US To Heed WTO Dumping Ruling

    China’s commerce minister has asked the U.S. to heed a recent World Trade Organization rulings finding that it applied illegitimate duties on Chinese imports, calling on the Obama administration to “set a good example” for the international community and avoid being a “rules-breaker.”

  • July 22, 2014

    Biz Groups Say EPA Climate Rule Will Raise Electricity Rates

    Business and industry groups, including the U.S. Chamber of Commerce and the National Mining Association, urged the U.S. Environmental Protection Agency on Monday to go back to the drawing board on a new proposed climate rule they maintain will severely disrupt the nation's electricity grid.

  • July 22, 2014

    Guards Accuse SEIU Of Forcing Nonmembers To Pay Full Dues

    A San Francisco chapter of the Service Employees International Union is facing unfair labor practice allegations by a group of nonunion security guards who say they were improperly forced to pay for union activity, an organization representing the workers said.

  • July 22, 2014

    Noel Canning Has No Bearing On 3rd Circ. Ruling, NLRB Says

    National Labor Relations Board attorneys told the Third Circuit on Monday that the U.S. Supreme Court's recent decision invalidating three appointments to the board should not impede on a case over a rehabilitation center's refusal to bargain with a nurses union.

  • July 21, 2014

    Religious Pushback Expected On LGBT Executive Order

    Although President Barack Obama is no stranger to using federal contracts as a testing ground for employment reform measures, religious employers may be more resistant to Monday's executive order banning discrimination against gay and transgender contractor employees than to other recent efforts, attorneys say.

  • July 21, 2014

    SEC Needs Stronger Whistleblower Rules, Ex-Official Says

    A former U.S. Securities and Exchange Commission official on Friday urged the agency to ramp up protections for whistleblowers against retaliation by their employers, saying that those who alert the SEC to wrongdoing are increasingly being targeted for wrongful retaliation.

  • July 21, 2014

    The Biggest Health Care Cases Of 2014: Midyear Report

    Courts during the first half of 2014 handed down a number of important rulings that will shape the hottest topics in health care, including provider consolidation, employee benefits under the Affordable Care Act and the availability of attorney-client privilege in False Claims Act litigation.

  • July 21, 2014

    Calif. Appeals Court Sends Redfin RE Agents To Arbitration

    A real estate agent who brought an employment class action in California court alleging Redfin Corp. cheated agents out of pay will have to take his fight to arbitration, an appellate court ruled Monday.

Expert Analysis

  • 3 Takeaways From BofA's $16.5M Settlement With OFAC

    Michael V. Dobson

    Bank of America’s roughly $16.5 million settlement with the Office of Foreign Assets Control for alleged violation of OFAC sanctions is a treasure trove of sanctions compliance guidance, and carries important lessons for those preparing to submit voluntary self-disclosures, says Michael Dobson Jr. of Kelley Drye & Warren LLP.

  • 6 Years In, Why Haven't FRE 502(d) Orders Caught On?

    John A. Rosans

    In this e-discovery era, why aren't more litigants using Federal Rule of Evidence 502(d) orders and affording themselves basic protection of their most sensitive information? Or, if they are moving for such orders, why are they doing it wrong? asks John Rosans of Katten Muchin Rosenman LLP.

  • Employers May Have Opportunity In ACA Legislative Flaw

    Robert C. Christenson

    Employers still on the fence in terms of providing qualifying health care coverage for their employees see new hope in the D.C. Circuit's ruling in Jacqueline Halbig v. Burwell because the case points to a possible legislative flaw that would exempt employers in 36 of the 50 states from the "pay-or-play" tax that underlies the Affordable Care Act, says Robert Christenson of Fisher & Phillips LLP.

  • A 12-Point Patent Monetization Plan

    Stephen Glazier

    A recent Delaware decision acknowledges that there may be an affirmative duty of officers and directors of a corporation to monetize the corporation’s intellectual property. Fortunately, there are steps available to manage this risk that are also profitable business strategies, says Stephen Glazier of Akerman LLP.

  • Beyond Citigroup: A Look At Corporate Settlements

    Kirsten Mayer

    A decision in Better Markets Inc. v. United States Department of Justice may provide more clarity on the scope of Executive Branch discretion in resolving corporate cases and whether there is any role for “public interest” litigation in such matters, say attorneys with Ropes & Gray LLP.

  • Corporate Inversions Show No Signs Of Slowing Down

    Jeffrey L. Rubinger

    Inversions are especially popular these days for pharmaceutical and biotechnology companies, where most of the value of the company is found in intangible assets, but it has been indicated that the heightened pace may prompt Congress to act on a measure quickly, says Jeffrey Rubinger of Bilzin Sumberg Baena Price & Axelrod LLP.

  • PRISM Scatters Attorney-Client Privilege

    Any attorney sending or storing confidential client information or privileged communications via the cloud may be knowingly exposing those communications to scrutiny by the U.S. government via programs such as the National Security Agency’s PRISM — and arguably, even waiving any claim of privilege as a result, say attorney Thomas Mullaney and Vaultive CEO Elad Yoran.

  • The Troubled Track Record Of The Proxy Strike Suit

    Jonathan A. Shapiro

    The recent wave of proxy strike litigation has now gone two years without a significant court victory, but plaintiffs’ losing record is no guarantee that the wave will slacken anytime soon — particularly if public companies continue paying “go-away” settlements, say Jonathan Shapiro and Joshua Foust of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • OPINION: Advance Conflict Waivers Send Wrong Message

    Eric L. Lane

    If there is anything that would convince big law firms to ditch the advance conflict waiver, it is the financial bottom line. And I can assure you firms are losing new client opportunities because of these waivers, says Eric Lane of Green Patent Law.

  • 3 Recent Labor Developments Likely To Affect Franchises

    Matthew D. Austin

    Labor unions are targeting franchisees and the restaurant industry as a whole, and they are not alone. Large corporate entities could see a domino effect in which the actions of a small group of employees open the doors to unionization among millions of workers under the corporate umbrella, says Matthew Austin of Roetzel & Andress LPA.