Beverages & More Inc. on Wednesday urged a California appeals court to send a potential wage-and-hour class action suit to arbitration, saying a lower court had erred in ruling that an arbitration clause in the plaintiff's employment agreement with the liquor retailer was too ambiguous to enforce.
The Second Circuit on Wednesday revived a European Union suit accusing RJR Nabisco Inc. of running a criminal money-laundering and cigarette-smuggling scheme, saying Racketeer Influenced and Corrupt Organizations Act claims can apply to foreign groups and misconduct outside the U.S.
Federal Trade Commissioner Joshua Wright said Wednesday he believed that state and federal consumer law and regulations had drifted apart over time and that harmonizing their efforts could help both sides protect consumers and preserve regulators' limited resources.
The Florida Senate on Wednesday passed amended information-protection legislation that proposes new required measures for companies and other entities to take in securing personal information and giving notice of data breaches.
The U.S. Supreme Court on Wednesday signaled support for a decision to revive contamination claims against CTS Corp., suggesting that Congress did not believe there was a distinction between statutes of limitations and statutes of repose when it amended the Comprehensive Environmental Response, Liability and Compensation Act.
A group of Democratic federal lawmakers on Tuesday urged the head of the Securities and Exchange Commission to implement a new rule requiring issuers to conduct due diligence and report on the sourcing of conflict minerals from the Democratic Republic of Congo.
Health care company Amedisys Inc. on Wednesday has agreed to pay $150 million to settle seven whistleblower False Claims Act suits accusing some of Amedisys’ offices of billing Medicare for ineligible patients and services, as nurses and therapists allegedly bent to management pressure to increase payments.
A National Labor Relations Board judge said Tuesday that an online communications policy maintained by The Kroger Co. of Michigan was unlawfully broad, and that the grocery store operator should revise or rescind prohibitions on the unauthorized use of Kroger's intellectual property and on “inappropriate” online conduct.
The U.S. Supreme Court will hear oral arguments Monday in a case that could make it easier to render patents with vague language invalid as indefinite, a move that would provide a new weapon against so-called patent trolls but may put a wide range of patents at risk, attorneys say.
The California Assembly’s Judiciary Committee on Tuesday waved through the so-called Yelp bill, which would prohibit companies from stifling consumer reviews unless a consumer has expressly waived his or her right to give an opinion.
With President Barack Obama slated to meet with Japanese Prime Minister Shinzo Abe on Thursday, the top U.S. trade official made one last bid for the Asian powerhouse to take an “elevated view” in order to settle issues impeding the conclusion of the Trans-Pacific Partnership negotiations.
The Center for Digital Democracy on Monday shot back at the Internet Keep Safe Coalition's bid to become the seventh safe-harbor provider under the Children's Online Privacy Protection Act rule, telling the Federal Trade Commission that the nonprofit lacks the expertise to run a robust program.
Pennsylvania Middle District Judge John E. Jones III talks to Law360 about the surreal aftermath of his divisive ruling against intelligent design as he prepares for yet another potentially explosive trial over Pennsylvania's same-sex marriage ban.
Although retailers, banks, law firms and other companies have worked hard to bolster their cyberdefenses, a new report set for release Wednesday found that cybercriminals and so-called hacktivists have become even better at cracking those defenses in 2013.
Ahead of a meeting Thursday between President Barack Obama and Japan's Prime Minister Shinzo Abe, considerable gaps remain in the American and Japanese positions on trade issues that, if resolved, could pave the way for a broad trade pact among Pacific Rim nations.
Stressing that technology has made telecommuting easier, the Sixth Circuit on Tuesday revived the U.S. Equal Employment Opportunity Commission's claims that Ford Motor Co. had failed to accommodate a worker with irritable bowel syndrome by letting her work from home most days.
Houston Mayor Annise Parker Monday on Monday released a draft of a human rights law that would protect residents, workers and visitors in the city from discrimination on the basis of sexual orientation, race and religion in housing, employment and public venues.
The Sixth Circuit on Tuesday upheld the Federal Trade Commission's decision blocking ProMedica Health System Inc. from merging with another Ohio hospital, calling ProMedica's bid to defend the deal by pointing to its rival's financial struggles a doomed "Hail Mary pass."
The U.S. government's years-long insider trading crackdown hit a potential snag on Tuesday, as a Second Circuit panel sharply questioned its legal theory that recipients of inside tips can be found guilty even if they didn’t know that the tipper received a personal benefit.
New York Attorney General Eric T. Schneiderman on Tuesday struck a deal with Bed Bath & Beyond Inc. that will require the home goods retail giant to adhere to state laws barring the automatic disqualification of job seekers based solely on prior criminal convictions.
When billions or trillions of dollars of transactions are affected by the tiniest of changes in benchmarks, there might be temptation to move those benchmarks ever so slightly. However, the Nasdaq, municipal bond reinvestment, Libor and Forex charges of collusion show that the risk is greatest when detection is the most difficult, says Jon Eisenberg of K&L Gates LLP.
More often, smaller rivals are taking market share from the largest law firms. In this context, these smaller rivals are not small — they are super-regional firms with between 201 and 750 attorneys. These firms are large enough to serve the needs of a global corporation at a better value. And as they grow, they need to be sure they don’t make the same mistakes as the firms from which they’ve taken market share, says Michael Lipps of LexisNexis.
Over the last 15 years, financial institutions have paid billions of dollars to settle claims that they colluded with each other. In this two-part series, we discuss cases beginning with the Nasdaq spread collusion allegations in the late 1990s and ending with the more recent Libor and Forex investigations, identify lessons that emerge, and suggest steps that firms, and in some cases, regulators, may wish to consider to reduce risks going forward, says Jon Eisenberg of K&L Gates LLP.
The State Bar of California has decided to follow New York's lead and require prospective attorneys to record 50 hours of pro bono service in order to be eligible for admission. While we applaud the intentions behind these initiatives, there are a number of reasons why state bars should limit any mandatory pro bono requirement to this context, rather than extend it to licensed attorneys as some have suggested, say attorneys with the Association of Pro Bono Counsel.
In what has become an annual rite of springtime, shareholder plaintiff lawyers are once again targeting Schedule 14A annual meeting proxy statements that include proposals on executive compensation, requirements for tax deductibility of performance-based compensation, and other issues requiring shareholder action. Fortunately for issuers, these types of claims usually fare poorly when plaintiffs are forced to defend them in court, say Gerard Pecht and Peter Stokes of Norton Rose Fulbright LLP.
Since 1970, environmental lawyers have been immersed in a myriad of federal, state and local environmental laws and regulations, beginning with the National Environmental Policy Act. As the movement has grown, Earth Day has become a placeholder for the idea that we can better manage our environment, and in the legal community, it reminds us that we must continue advancing the law with the goal of a cleaner environment in mind, says Timothy Bergere of Montgomery McCracken Walker Rhoads LLP.
Should the Paycheck Fairness Act ever pass the Senate, employers would face a drastically changed landscape regarding both compensation decisions and litigation. The included measures would provide the plaintiffs bar with more bargaining power in pay discrimination claims, regardless of the merits or the employees' interest in participation, says Paul Kehoe of Seyfarth Shaw LLP.
As the buyout market in the United Kingdom heats up, having a good understanding of the nuances of the tax regime and keeping on top of developments in market practice are key to ensuring U.S. private equity investors appear attractive in competitive processes. Remember, any sophisticated adviser will warn management against accepting U.S.-style stock options, and the U.K. market has developed a number of more tax-efficient incentives, which must be considered, say James Ross and Eleanor West of McDermott Will & Emery UK LLP.
The U.S. Securities and Exchange Commission is turning more aggressive attention toward shareholder activists, and the issue of revising the Schedule 13D timetable is alive once again, largely due both to a recent media report and its confluence with another event — the news that such a measure has the support of perhaps the preeminent juridical voice in American corporate law, Delaware Supreme Court Chief Justice Leo E. Strine Jr., say Perrie Michael Weiner and Patrick Hunnius of DLA Piper.
In its effort to protect public companies and legitimate businesses in general, the U.S. Supreme Court appears to be overlooking the effect its rulings are having on those for whom the fraud provisions of the securities laws were designed to protect. Should the court ring the death knell on class action securities cases, the South Florida climate for Ponzi schemers and other fraudsters will become better than ever, says Lawrence Kellogg, a founding partner of Levine Kellogg Lehman Schneider & Grossman LLP.