• October 31, 2014

    Home Depot Wants Banks', Customers' Breach Suits Joined

    The Home Depot Inc. told a Georgia federal court on Friday that a proposed class action alleging First Choice Federal Credit Union was damaged by the retailer’s recent data breach — the first such suit brought by a financial institution — is related to another class action over the breach and should be consolidated with it.

  • October 31, 2014

    States, Profs Tell High Court 'Amazon Law' Is A Local Matter

    Several state government associations, a group of law professors, and Texas, 23 other states and the District of Columbia have urged the U.S. Supreme Court to enforce the Tax Injunction Act's jurisdiction rules and allow Colorado’s so-called “Amazon tax” law to stand.

  • October 31, 2014

    Law Groups Push Supreme Court To Take Up Iskanian

    Four legal and employer advocacy groups have told the U.S. Supreme Court to hear CLS Transportation Los Angeles LLC's appeal of the California high court's landmark Iskanian ruling, which held that Private Attorneys General Act claims can’t be waived in employment arbitration deals, saying the decision undermines federal precedent.

  • October 31, 2014

    Retailers Brace For Votes On Minimum Wage Increases

    Despite the retail industry's efforts to paint increases to the minimum wage as job killers, initiatives to boost pay continue to gain traction across the country, with several states and cities taking the issue to voters on Tuesday.

  • October 31, 2014

    NLRB Hit With Fees After Rehiring Bid Found Illegal

    An Arizona district judge has ordered a National Labor Relations Board regional office to pay $55,739 in attorneys' fees to food packaging company Farm Fresh Company Target One LLC, following a ruling that it didn’t have to reinstate four workers without verifying their U.S. work authorization status.

  • October 31, 2014

    USTR Says Dropping Investor Provision Dilutes EU Trade Pact

    The top U.S. trade official on Thursday gave a firm endorsement for the inclusion of an increasingly controversial investment arbitration system in a trade agreement with the European Union, saying that eliminating the provision would weaken a pact that the partners see as a model for the rest of the globe.

  • October 31, 2014

    EPA To Give Public More Industry Pollution Data, Giles Says

    Industries regulated by the U.S. Environmental Protection Agency are increasingly likely to face scrutiny from private citizens, as pollutant monitoring technology becomes widely available and government data is easier to use — a trend the agency fully supports, Cynthia Giles, the head of EPA’s enforcement division, told Law360. This is part two of a two-part series.

  • October 31, 2014

    Trade Rep Says No Final TPP Deal At Beijing Summit

    Despite signals of increasing momentum in the ongoing Trans-Pacific Partnership talks, U.S. Trade Representative Michael Froman on Thursday made clear that the 12 nations negotiating the pact do not expect to reach a final agreement during an upcoming Asia-Pacific leaders summit in Beijing.

  • October 30, 2014

    FTC Keeps Retailers In Dark With Price-Bias Guidance

    The U.S. Federal Trade Commission recently updated guidance on the nation's anti-price discrimination statute to include e-commerce for the first time, but attorneys say the agency missed an opportunity to improve an outdated law or align the statute with the realities of Internet advertising.

  • October 30, 2014

    FCC Says Solicited Fax Ads Need Opt-Out Notices

    The Federal Communications Commission ruled Thursday that companies must include opt-out instructions on all fax advertisements they send, even those that consumers have agreed to receive, in order to avoid running afoul of an amendment to the Telephone Consumer Protection Act's junk fax prohibitions.

  • October 30, 2014

    CurrentC Says Hackers Poached Users' Email Addresses

    CurrentC, a mobile payment service backed by the retail industry and poised to compete with Apple Pay, confirmed Wednesday that hackers had obtained the email addresses of merchants and individuals who participated in a trial run of the smartphone app.

  • October 30, 2014

    3 Tips For Keeping Noncompetes In Check

    Reports that sandwich chain Jimmy John's requires low-level workers to sign noncompete agreements have prompted media and congressional criticism, and attorneys say the situation shows the downsides of a one-size-fits-all approach to restrictive covenants. Here, attorneys offer advice on how to keep a noncompete from going too far.

  • October 30, 2014

    Despite Fervent Push, Fast-Track Bill Likely DOA In Congress

    Scores of business groups have amplified their calls for the U.S. Congress and the Obama administration to pass a new fast-track trade bill in the upcoming lame-duck legislative session, but experts are dubious of the prospects, citing staunch opposition among trade skeptics and the Senate leadership.

  • October 30, 2014

    23 AGs Assail EPA's Mercury Rule At Supreme Court

    Attorneys general from 23 states including Michigan, Texas and Alaska asked the U.S. Supreme Court on Wednesday to review the U.S. Environmental Protection Agency’s rule limiting mercury and other toxic emissions from power plants, arguing the agency failed to adequately consider the regulation’s economic impact.

  • October 30, 2014

    UPS High Court Brief Signals Pregnancy Accommodation Shift

    United Parcel Service Inc. told the U.S. Supreme Court that it didn't violate the law by denying a pregnant worker's request for light duty in 2006 but added that it was changing course and making temporary light duty work available to pregnant employees with physical restrictions.

  • October 30, 2014

    Ford Tells 6th Circ. EEOC Shouldn't Force Telecommuting

    Ford Motor Co. did not have to accept a request from an employee with irritable bowel syndrome to work from home most of the week, the company told the Sixth Circuit on Wednesday in a U.S. Equal Employment Opportunity Commission disability bias suit.

  • October 29, 2014

    High Court Review Looms As NLRB Digs In On Horton

    The National Labor Relations Board doubled down on its heavily contested D.R. Horton decision Tuesday, calling arbitration agreements barring employee class actions unlawful and solidifying a split with federal courts that attorneys say will have to be resolved by the U.S. Supreme Court.

  • October 29, 2014

    More Cybersecurity Regs Would Hurt Business, SEC Told

    The U.S. Chamber of Commerce on Tuesday urged the U.S. Securities and Exchange Commission not to go overboard on cybersecurity regulations, saying that legislation forcing public companies to disclose cyberattack information would hurt businesses and harm their relationship with the government.

  • October 29, 2014

    Conciliation Not Open To Review, EEOC Tells High Court

    The U.S. Equal Opportunity Employment Commission has told the U.S. Supreme Court to uphold a Seventh Circuit decision forbidding courts from second-guessing the agency's required efforts to conciliate bias claims before suing employers, saying Congress never intended for such reviews.

  • October 29, 2014

    NLRB OKs Firings Over Profane Facebook Exchange

    The National Labor Relations Board on Tuesday upheld a ruling that cleared a youth program provider for discharging two employees over a profane Facebook exchange, finding that the conversation went so far in advocating insubordination that it lost the protection of federal labor law.

Expert Analysis

  • The EU Watchdog Ready To Bite Multinational Companies

    Keith O’Donnell

    Using state-aid proceedings in transfer pricing matters and targeting a sample of high-profile taxpayers — Fiat, Amazon, Starbucks and Apple — the EU Commission seems to be going far beyond the terms of its mandate, say Keith O’Donnell and Emilie Fister of Taxand Luxembourg.

  • Congress Must Pass Cyber Legislation Before Next Attack

    Kathleen B. Rice

    Congress' failure to pass information-sharing legislation means companies wanting to share threat information will be hesitant to. Yet, in an environment of growing cyberattacks, that effectively forces companies to seek counsel before sharing timely information, which is neither practical nor good public policy, say a former congresswoman and Senate congressional staffers now at Faegre Baker Daniels LLP.

  • To Hack Back, Or Not To Hack Back, That Is The Question

    Sarah Pearce

    Impatience toward the U.S. government's response to recent cyberattacks as well as the aggressiveness of security startups toward hackers have led companies to view "hacking back" after falling victim to cyberattacks as a possible response strategy, say attorneys at Edwards Wildman Palmer LLP.

  • How Law Firms Are Revolutionizing Services In California

    Michael Pontrelli

    The California legal market is experiencing a disruptive transformation as in-house counsel look for ways to trim their budgets by disaggregating services. Business growth in certain sectors of the state's economy has spurred the development of new ways to manage escalating legal costs — for example a new service delivery model that “right-sources” work, says Michael Pontrelli of Huron Legal.

  • How Russian Sanctions Impact Energy And Financial Cos.

    The U.S. Treasury and European Union have continued to expand the scope of economic sanctions in response to Russian activities and the political unrest in Ukraine. In this brief video, Sutherland Asbill & Brennan partner Mark Herlach discusses recent key developments and what the latest round of sanctions mean for energy and financial services companies.

  • How The FEC Responded To Citizens United, McCutcheon

    Joseph Cosby

    While there may be more public debate over the rules the Federal Election Commission recently adopted in response to the U.S. Supreme Court's Citizens United opinion, special attention should be given to the FEC's proposal dealing with the McCutcheon decision. Likely to be one of the more contentious provisions, the FEC requested comments on its enforcement policies concerning earmarked contributions, says Joseph Cosby of Butzel Long PC.

  • The Legal Professions’ Curious Under-Use Of 2nd Opinions

    Judge Wayne D. Brazil

    As conscientious professionals who are required to address problems with notoriously elusive dimensions, lawyers should consider securing second opinions in a much wider array of circumstances than has been the norm, says Judge Wayne Brazil, a neutrual with JAMS and former magistrate judge in the U.S. District Court for the Northern District of California.

  • Supply Chain Management And The Alien Tort Claims Act

    Michael G. Congiu

    The Ninth Circuit's recent revival of the potential for supply chain liability under the Alien Tort Claims Act in Doe v. Nestle USA Inc. less than one year after many believed the U.S. Supreme Court effectively put an end to ATCA's use as a litigation tool to address alleged corporate human rights abuses has increased the importance of effective supply chain management, say Michael Congiu and Stefan Marculewicz of Littler Mendelson PC.

  • New Patent Metrics For Management And Investors

    Stephen Glazier

    No consensus has formed regarding which metrics are best to compare, manage and communicate about mission-critical patent programs. We tested a variety of metrics and selected a new system derived entirely from publicly available raw data for all publicly traded companies, even though the raw IP data may be esoteric, awkward and unappreciated generally by management and investors, says Stephen Glazier of Akerman LLP.

  • Death Of The 'Double Irish Dutch Sandwich'? Not So Fast

    Jeffrey L. Rubinger

    All of the press declaring the “Double Irish Dutch Sandwich” structure a thing of the past as a result of recent Irish finance proposals seems to be a bit overstated. The only thing that has truly changed is the scope of permissible jurisdictions to which management and control may be moved to achieve the desired tax benefits, say Jeffrey Rubinger and Summer Ayers LePree of Bilzin Sumberg Baena Price & Axelrod LLP.