• September 22, 2014

    SEC Welcomes Foreign Whistleblowers Though Courts Don’t

    As it doled out a record-smashing whistleblower award on Monday, the U.S. Securities and Exchange Commission sent a clear signal that it remains open to overseas tipsters even after a top federal court curtailed their right to sue.

  • September 22, 2014

    US Treasury Cracking Down On Corporate Tax Inversion Deals

    The U.S. Department of the Treasury said Monday it will slash the benefits of corporate tax inversions and hamper efforts of U.S.-based multinational corporations to shift their tax residences to nations with lower taxes, calling it an "unfair practice [that] erodes the U.S. tax base."

  • September 22, 2014

    SEC Cements Status As Go-To Whistleblower Agency

    The U.S. Securities and Exchange Commission on Monday announced plans to pay an unnamed foreign national more than $30 million for information that led to an enforcement action, shaking off criticism that a previous $14 million award was a fluke and cementing its role as the go-to international regulatory agency for would-be tipsters.

  • September 22, 2014

    Lawyers Weigh In On SEC's Record Whistleblower Award

    The U.S. Securities and Exchange Commission on Monday said that it planned to award more the $30 million to a corporate whistleblower, more than doubling its previous record payout and setting the securities bar abuzz. Here, attorneys tell Law360 why they believe the award is significant.

  • September 22, 2014

    High Court Asked To Clarify 'Foreign Official' Under FCPA

    Two libertarian think tanks have asked the U.S. Supreme Court to clarify when a private company's employees count as foreign officials under the Foreign Corrupt Practices Act, in an amicus brief filed in support of two former U.S. telecom executives who were convicted of bribing government-controlled Haiti Teleco.

  • September 22, 2014

    Lawmakers Ask High Court To Ax UPS Win In Pregnancy Suit

    More than 100 Congress members have urged the U.S. Supreme Court to overturn a Fourth Circuit decision nixing a former United Parcel Service Inc. worker’s pregnancy and disability bias suit, arguing that Pregnancy Discrimination Act demands pregnant workers receive the same accommodations available to nonpregnant workers.

  • September 22, 2014

    SEC To Hand Out Record $30M Whistleblower Award

    The U.S. Securities and Exchange Commission announced on Monday that it expects to award more than $30 million to a whistleblower who provided key original information that led to a successful enforcement action, setting a new record for payouts received under the agency’s new Dodd-Frank powers.

  • September 19, 2014

    Business Roundtable Skeptical Of OECD Tax Avoidance Plan

    An association of U.S. CEOs on Thursday warned Treasury Secretary Jack Lew that the proposed Organization for Economic Cooperation and Development tax plan to tackle corporate base erosion and profit shifting can lead to detriments for American companies.

  • September 19, 2014

    Groups Urge Supreme Court To Clarify Scope Of TIA

    The Council on State Taxation and U.S. Chamber of Commerce were among several groups this week that urged the U.S. Supreme Court to limit the scope of the Tax Injunction Act in light of a Tenth Circuit decision that nixed a challenge to Colorado's so-called “Amazon tax” law.

  • September 19, 2014

    Cos. Liable Under TCPA For 3rd-Party Texts, 9th Circ. Rules

    Companies that hire third parties to send unsolicited text messages can be liable for Telephone Consumer Protection Act violations, the Ninth Circuit held Friday in a published opinion reviving a proposed class action that blamed U.S. Navy contractor Campbell-Ewald Co. for recruitment messages cellphone users received.

  • September 19, 2014

    Ex-Vanderbilt Worker Class Certified In WARN Act Suit

    A Tennessee federal judge has certified a class of former Vanderbilt University Medical Center workers who claimed they received insufficient notice of layoffs, rejecting the university’s argument that two groups of employees laid off at different times couldn't be combined to allow a claim under the Worker Adjustment and Retraining Notification Act.

  • September 19, 2014

    CVS Escapes EEOC Suit Over Severance Pact

    An Illinois federal judge on Thursday dismissed a U.S. Equal Employment Opportunity Commission lawsuit that alleged that CVS Pharmacy Inc.’s employee separation agreement restrains employees’ rights to file discrimination charges.

  • September 19, 2014

    Securitas Guard Vacation Pay Class To Be Certified

    A California federal judge on Thursday said he would give early certification to a class of Securitas Security Services Inc. guards alleging the company’s vacation pay policy is essentially a bonus program in disguise, tasking the parties to agree on a class definition.

  • September 19, 2014

    GM Not Liable For Pre-Ch. 11 Settlement, 2nd Circ. Says

    The Second Circuit on Friday said General Motors LLC isn't on the hook for a settlement reached in a class action against its pre-bankruptcy predecessor over allegedly faulty transmissions, upholding a district court's ruling that the settlement wasn't an assumed liability under the bankruptcy sale order.

  • September 19, 2014

    FTC Shifts Heat To Mobile Apps With Kids' Privacy Actions

    The Federal Trade Commission recently targeted mobile apps run by Yelp Inc. and TinyCo Inc. in enforcement actions under the Children's Online Privacy Protection Act, showing that the agency won't hesitate to apply the privacy rules it has traditionally enforced for websites to the mobile space, even with apps that aren't directed to children.

  • September 18, 2014

    NY AIG Ruling Shifts Workers' Comp Fights Back To Calif.

    American International Group Inc. can't force businesses into New York arbitration over side agreements governing California workers' compensation insurance, an Empire State appellate court has found, a ruling experts say gives employers a stronger hand in policy payment fights by shifting the playing field back to a state where the law is considered more friendly to policyholders.

  • September 18, 2014

    Retirees Urge High Court To Uphold Lifetime Health Benefits

    Retirees bringing a class action against M&G Polymers USA LLC have asked the U.S. Supreme Court to find that their right to lifetime health care was guaranteed at retirement, claiming the issue of whether a company’s health obligation extends beyond the termination of a collective bargaining agreement should be guided by intent.

  • September 18, 2014

    BMW Tries To Turn Tables On EEOC Over Background Checks

    The federal court overseeing a U.S. Equal Employment Opportunity Commission race bias suit over BMW Manufacturing Co. LLC's use of criminal background checks in hiring should force the EEOC to hand over information on its own applicant screening practices, BMW said Wednesday. 

  • September 18, 2014

    Home Depot Says Data Breach Used 'Unique' Malware

    Home Depot USA Inc. said Thursday that hackers involved in the store’s recent data breach used “unique, custom-built” malware never seen in previous attacks to access information for 56 million payment cards.

  • September 18, 2014

    Split NLRB Says Dover Energy Gave Worker Illegal Warning

    The National Labor Relations Board said Dover Energy Inc. ran afoul of federal labor law when it threatened to discipline an employee who served as a grievance investigator for submitting allegedly frivolous information requests, reversing on Wednesday an administrative law judge's ruling.

Expert Analysis

  • Taking Stock Of The Legal Cloud: Opportunities And Pitfalls

    David Houlihan

    Like "big data" and other effective software marketing buzzwords, “cloud” makes something that is very complex sound simple — and even friendly. Most attorneys are not prepared to dig into the distinctions between public, private and hybrid cloud models, or the niceties of how or where their data is transmitted and stored, says David Houlihan of Blue Hill Research Inc.

  • When Taking Health Information Is 'Protected Activity'

    Barbara E. Hoey

    State and federal courts haven't always helped when determining over the course of a retaliation suit whether an employee that took "evidence" in the midst of a discrimination lawsuit engaged in "protected activity," say Barbara Hoey and Evelyn Perez of Kelley Drye & Warren LLP.

  • A General Counsel's Top 10 Billing Tips

    Francis M. Drelling

    Nothing makes an in-house counsel feel like they are being nickeled-and-dimed more than receiving a $3.50, stand-alone invoice. Forcing anyone to spend time on a $3.50 invoice is, quite frankly, just not cool, says Francis Drelling, in-house counsel at Specialty Restaurants Corp.

  • No Need For Expert Testimony In Successor Liability Cases

    Robin Silver

    In the typical successor liability case, expert testimony adds no value to analysis. It simply serves to usurp the court’s function. Parties should think twice before designating an expert and should strongly consider moving to strike any experts designated by opposing parties as legally improper, say Robin Silver and Alexander Creticos of Miles & Stockbridge PC.

  • NLRB's 'Joint Employer' Test Will Rewrite Labor Law

    Matthew D. Austin

    The National Labor Relations Board's changing of the legal definition of joint employer with respect to franchisees and franchisors is just one small part of the board's larger goal — intentionally erasing the line between legal entities in most industries, says Matthew Austin of Roetzel & Andress.

  • What The EU MasterCard Ruling Means For Banks, Retailers

    Irene Fraile

    The EU Court of Justice recently dismissed MasterCard Inc.’s final appeal against a 2007 antitrust infringement decision. This judgment finally puts an end to a seven-year legal battle over interbank card fees and will have a profound impact on banks, merchants and, ultimately, consumers, says Irene Fraile of Constantine Cannon LLP.

  • White House Continues Push For Contractor Labor Rules

    Susan Cassidy

    Two recent executive orders impose significant compliance burdens on contractors. The duty to self-report labor violations is likely to present attractive grounds for bid protests. It also could spur additional litigation from workers who become aware of violations for the first time as a result of these disclosures, say attorneys with Covington & Burling LLP.

  • Forum Selection Bylaws Are Best Considered On A Clear Day

    Michael G. O’Bryan

    An Oregon court’s decision in Roberts v. TriQuint SemiConductors Inc. shows that enacting an exclusive forum provision on a clear day, before a company sees the storm clouds of litigation on the horizon, may support the enforceability of the provision, say attorneys with Morrison & Foerster LLP.

  • Criminal Antitrust Policy: Bigger Sticks, Smaller Carrots

    Mark Rosman

    Recent policy statements on the U.S. Department of Justice’s criminal antitrust enforcement program provide additional clarity, and significant reaffirmation, on the DOJ’s policies and practices in prosecuting breaches of the antitrust laws. But some comments may leave companies seeking more clarification, say Mark Rosman and Jeff VanHooreweghe of Wilson Sonsini Goodrich & Rosati.

  • Readying For A New First Monday

    Fred T. Isquith

    Fall is in the air. September is flying by. In a few weeks the U.S. Supreme Court will be convening again. But while there are securities cases on the docket, there is nothing as momentous as Halliburton, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.