Corporate

  • December 9, 2016

    LifeLock IP Suit Should Be Tossed, Says Goodwin Atty.

    Lemon LLC’s ex-CEO and its former CFO and general counsel — now a Goodwin Procter LLP partner — asked a Delaware state court on Friday to dismiss breach-of-contract claims brought by LifeLock LLC over an old merger deal between the startups, saying a similar action was already pending in California.

  • December 9, 2016

    FINRA Seeks Information From Fired Wells Fargo Reps

    The Financial Industry Regulatory Authority on Friday asked former employees of Wells Fargo to come forward if they believe the bank fired them for blowing the whistle on its sham customer accounts and used termination notices to further retaliate or hide its tracks.

  • December 9, 2016

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    One city council votes to levy a surtax on companies that pay their CEOs disproportionately, nearly half of compliance officers say their own programs don’t measure up and the Supreme Court takes on design patents for the first time in 120 years. Those stories top the corporate legal news you may have missed last week.

  • December 9, 2016

    Och-Ziff Contractor Cops To Bribing African Officials

    The son of the former prime minister of Gabon faces up to five years in U.S. prison after pleading guilty in Brooklyn federal court Friday to conspiring to violate the Foreign Corrupt Practices Act while acting as a contractor for New York-based hedge fund Och-Ziff Capital Management Group LLC.

  • December 9, 2016

    Amazon Workers Get Partial Class Cert. In Screening Suit

    A Washington state judge on Friday granted class certification to Amazon workers who say they deserve overtime for security screenings on their lunch breaks, while tossing out the workers’ similar claims for when they’re ending their shifts.

  • December 9, 2016

    Jury Says Ex-IT Co. Sales Exec Didn't Break Deal

    A former executive of IT services company Computer Sciences Corp. did not breach an employment agreement barring him from poaching CSC employees or trick the company into letting him join a competitor after he resigned, a Virginia federal jury has found.

  • December 9, 2016

    9th Circ. Rules CFAA Doesn't Make Password Sharers Felons

    A split Ninth Circuit panel clarified Thursday that the Computer Fraud and Abuse Act does not make unwitting criminals of anyone who shares a password in a published opinion denying en banc rehearing to ex-Korn/Ferry International recruiter David Nosal, who was convicted of stealing trade secrets in October 2015.

  • December 9, 2016

    2nd Circ. Got Libor Wrong, Industry Groups Tell Justices

    Several financial industry groups filed a brief Friday urging the U.S. Supreme Court to review a Second Circuit decision reviving an antitrust suit accusing banks of rigging the London Interbank Offered Rate, saying the appellate court was wrong in finding that the benchmark constitutes a price.

  • December 9, 2016

    Top Tax Policy Developments Of 2016: Year In Review

    This year has seen multiple efforts by tax authorities around the world cracking down on corporate tax avoidance measures. Here, Law360 takes a look back at the five biggest policy measures taken to ensure that businesses pay their fair share of taxes.

  • December 9, 2016

    DOL Pick Draws Conservative Outcry For Immigration Stance

    President-elect Donald Trump’s decision to nominate fast food CEO Andrew Puzder to head the U.S. Department of Labor has drawn backlash from those with ties to immigration restrictionist groups and the often anti-immigrant website Breitbart, which homed in on his support for foreign workers.

  • December 9, 2016

    DOJ To Send Atty To UK Watchdogs To Boost Fraud Fight

    The U.S. Department of Justice revealed plans Friday send a lawyer to London for two years to work at the Financial Conduct Authority and the Serious Fraud Office to boost cooperation spurred by the watchdogs' joint efforts tackling the Libor rigging scandal.

  • December 9, 2016

    LA Sues Macy's, Other Retailers Over False Price Ads

    The Los Angeles city attorney slapped J.C. Penney, Sears, Kohl’s and Macy’s with California state court suits Thursday alleging that the national retailers misrepresent the original or regular price of products in order to make the sale price look like a substantial discount.

  • December 9, 2016

    What Cos. Need To Know About Nat’l Origin Discrimination

    While the EEOC’s recent updated guidance on national origin discrimination doesn’t break much new ground, it should be on the reading list for all employers. Here, attorneys tell Law360 what employers should take away from the commission’s recent memo.

  • December 8, 2016

    5th Circ. Reverses NLRB's Order On Citigroup Arbitration

    The Fifth Circuit on Thursday reversed a National Labor Relations Board decision ordering Citigroup Inc. to remove class-action waivers from employment arbitration agreements, finding the order was precluded by two Fifth Circuit decisions the board has appealed to the U.S. Supreme Court.

  • December 8, 2016

    Jury Clears Wal-Mart In Post-Dukes Gender Bias Suit

    A female Wal-Mart employee failed to prove the retail giant paid her male counterparts more, a Louisiana federal jury ruled Wednesday in a dispute stemming from the U.S. Supreme Court’s landmark Dukes decision decertifying a nationwide class of 1.5 million female Wal-Mart workers.

  • December 8, 2016

    Uber Drivers Must Arbitrate Claims In Safe Rides Fee Row

    Uber drivers who signed arbitration agreements must arbitrate their breach of contract claims against the ride-hailing app over the charging of a “safe rides fee,” a California federal judge ruled Thursday, pointing to Uber’s pledge to shoulder the full share of the arbitration costs.

  • December 8, 2016

    Most Compliance Officers Face Compliance 'Crisis': Study

    More than half of chief compliance officers globally say their company is undergoing a “crisis of compliance” while a majority say they don't report directly to their company's chief executive, according to a study released on Wednesday.

  • December 8, 2016

    Transgender Employee Wins La. Bias Suit Against Loan Co.

    A Mississippi loan company discriminated against a transgender man whose bosses ordered him to dress and act like a woman, an arbitrator has found in a Louisiana federal case backed by the U.S. Equal Opportunity Employment Commission.

  • December 8, 2016

    5 Seasonal Worker Hiring Blunders Employers Should Avoid

    With the holiday shopping season in full swing, employers are embarking on their annual quest to keep pace with increased customer traffic by beefing up their staffs with temporary seasonal workers. But if employers take shortcuts when rushing to add those temporary employees, attorneys say, they could end up on the wrong side of a lawsuit in the new year.

  • December 8, 2016

    Trump Taps Fast-Food CEO As Labor Secretary

    President-elect Donald Trump will nominate as his labor secretary Andrew Puzder, the chief executive of the company that operates fast food chains Hardee’s and Carl’s Jr. and a former attorney at Lewis Brisbois Bisgaard & Smith LLP and Stradling Yocca Carlson & Rauth PC. 

Expert Analysis

  • The Horrible Conflict Between Biology And Women Attorneys

    Anusia Gillespie

    Women leave law firms for many of the same reasons men do, but also face challenges including headwinds with respect to assignment delegation and social outings, as well as potential disruptions if they choose to have children. Firms can increase investment in talent management and improve retention and engagement of women attorneys, says Anusia Gillespie of Banava Consulting.

  • Think Twice Before Settling With An Activist

    Kai Haakon Liekefett

    Kai Haakon Liekefett and Lawrence Elbaum of Vinson & Elkins LLP explain why many companies have “buyer’s remorse” after settling with an activist, and why a proxy fight is not the only alternative.

  • Lawyer EQ: Finding Success In Every Interaction

    Judith Gordon

    American legal education relies almost exclusively on analytical thinking. But success in legal practice depends in large part upon an accurate emotional understanding of oneself and the human seated opposite us. Honing emotional intelligence skills can lead to greater success, and Judith Gordon of LeaderEsQ offers a few tools that can be implemented immediately to raise one’s emotional intelligence quotient.

  • Managing Intergenerational Differences Within Your Law Firm

    Najmeh Mahmoudjafari

    We are privileged to be part of an employment market that hosts employees from various generations. While “differences” may imply inherent conflict, intergenerational differences can actually be used to an advantage for organizations — especially law firms, say Najmeh Mahmoudjafari, founder of ImmigraTrust Law, and William Martucci of Shook Hardy & Bacon LLP.

  • 12 Things To Know About The SEC Whistleblower Program

    Jon Eisenberg

    Earlier this year, the U.S. Securities and Exchange Commission’s first chief of the whistleblower program jumped ship to a law firm that specializes in bringing whistleblower claims. The message was clear — SEC whistleblowing is a growing and lucrative area, say Jon Eisenberg and Vince Martinez of K&L Gates LLP.

  • The Personal Benefit Test Post-Salman

    Daniel J. Kramer

    In its first opinion addressing the scope of insider trading liability in nearly 20 years, the U.S. Supreme Court limited its holding in Salman to gifts to friends or relatives, providing little clarity about the scope of the personal benefit requirement outside of that context, say attorneys with Paul Weiss Rifkind Wharton & Garrison LLP.

  • Philip Hirschkop: Quietly Making Noise For 50 Years

    Randy Maniloff

    The first paragraph of Philip Hirschkop’s obituary is going to contain the word "Loving." That’s undeniable. But many of Hirschkop’s other cases are just as groundbreaking in their own right. They aren’t household names like Loving, but they have affected millions in the nation’s households, says Randy Maniloff of White and Williams LLP.

  • Auto Cos. Should Take Note Of Recent DTSA Case Law

    Jason S. McCarter

    Most automotive businesses create valuable competitive information in today’s economy and so stand to benefit from the Defend Trade Secrets Act and recent case law developments in this area. Although case law is developing, a few recent decisions under the DTSA emphasize the broad reach of the law and a willingness of courts to provide quick relief, say attorneys at Sutherland Asbill & Brennan LLP

  • Segment Reporting Lessons From A Recent SEC Action

    Yafit Cohn

    PowerSecure’s failure to disclose inefficiencies in one part of its business, and its failure to take impairment charges due to its aggregation of businesses under its single reportable segment, may have been key factors in the U.S. Securities and Exchange Commission’s determination to pursue an enforcement action against the company, say attorneys with Simpson Thacher & Bartlett LLP.

  • Using Payroll Cards To Pay Employees’ Wages

    Excerpt from Lexis Practice Advisor
    Kevin E. Vance

    When advising employers on the use of payroll card programs as an alternative method of paying employees there are several considerations lawyers should adopt. Kevin Vance of Duane Morris LLP discusses key issues concerning payroll cards and best practices for establishing and maintaining a payroll card program.