• October 5, 2015

    Feds To Rethink Insider Trading Strategy After Newman Snub

    Now that the U.S. Supreme Court has shown no interest in taking on a landmark insider trading appeal this term, federal prosecutors have to contend with a remade legal landscape that will force them to cut back on some cases, let go of others and figure out ways around the high standards for proving the crime.

  • October 5, 2015

    US Urges High Court To Keep Tyson Workers’ $5.8M Verdict

    The federal government has urged the U.S. Supreme Court not to overturn an Eighth Circuit decision that preserved a $5.8 million jury verdict for Tyson Foods Inc. workers seeking compensation for time spent putting on and taking off protective gear.

  • October 5, 2015

    Lawyers Weigh In On Supreme Court's Newman Rejection

    The U.S. Supreme Court declined on Monday to consider the U.S. Department of Justice's appeal of the Second Circuit’s landmark Newman decision on insider trading. Here, attorneys tell Law360 why the cert denial is significant.

  • October 5, 2015

    TPP Compromises Set Stage For Political Standoff

    The completion of the Trans-Pacific Partnership talks on Monday stands as a landmark achievement for the 12 nations party to the accord, but various concessions on issues like agriculture and intellectual property that made the TPP possible may also be the biggest obstacle to its final passage by lawmakers.

  • October 5, 2015

    Browning-Ferris Short On Specifics, Ex-NLRB Member Says

    Whether the National Labor Relations Board's blockbuster Browning-Ferris decision will be as problematic for businesses as critics have warned remains to be seen, but that decision is one of the major rulings from the last two years in which the NLRB should have provided more details, former board member Harry I. Johnson III told Law360 in an exclusive interview.

  • October 5, 2015

    Breach Of T-Mobile Data Stokes Cybersecurity Bill Debate

    Supporters and opponents of the Cybersecurity Information Sharing Act are using last week’s announcement of an Experian data breach affecting T-Mobile customers to boost their arguments on the pending bill, with each side saying the breach shows the urgency of their position.

  • October 5, 2015

    GOP Bill Targets Federal Agency Whistleblower Retaliation

    Two Republican senators have introduced a bill aimed at curbing retaliation against government whistleblowers, adding penalties for executive branch employees who demote or fire whistleblowers and giving agencies increased powers to determine if a whistleblower was punished and to counteract the retaliation.

  • October 5, 2015

    Supreme Court Rejects Newman Insider Trading Appeal

    The U.S. Supreme Court on Monday declined to hear the federal government’s appeal of the Second Circuit’s landmark Newman decision on insider trading, rejecting the opportunity to rule on the thorny and divisive definition of what constitutes the crime.

  • October 5, 2015

    TPP Officials Strike Deal After Marathon Session

    Trade ministers for the U.S. and 11 other nations on Monday reached an agreement on the Trans-Pacific Partnership, which will link up 40 percent of the world’s economy, following a feverish round of last-minute negotiations that stretched over the weekend.

  • October 2, 2015

    T-Mobile Shifts Blame But Not Liability In Data Breach

    T-Mobile USA is unlikely to skirt liability for a recent cybersecurity breach at Experian that exposed the data of 15 million T-Mobile customers, with the telecom's choice and vetting of its vendor likely to come under heavy scrutiny from not only class action plaintiffs but also increasingly active regulators, attorneys say.

  • October 2, 2015

    Trump Hotels Hit With Suit Over Yearlong Data Breach

    The hotel chain owned by U.S. presidential hopeful Donald Trump was hit on Friday with a proposed class action in Illinois federal court over a data breach that allegedly affected payment cards used at seven locations during a period of more than a year.

  • October 2, 2015

    Columbia Hit With Latest Outlet Store Pricing Class Action

    Columbia Sportswear Co. on Friday became the latest retailer to be sued over “phantom” discounts in its outlet stores when it was hit with a proposed class action in California federal court alleging it advertised mark downs from original prices that never existed.

  • October 2, 2015

    NJ Employers Gain New Leverage Against Disloyal Workers

    A recent New Jersey Supreme Court decision pushed open the door to salary disgorgement for swindled employers and may encourage more companies to aggressively seek restitution from disloyal employees, especially high-level decision makers.

  • October 1, 2015

    EU High Court Extends Privacy Agencies' Enforcement Reach

    Europe’s highest court ruled on Thursday that national data protection regulators have the authority to take action against companies that have even limited contact with a member state in which they are not based, finding that the Hungarian watchdog has jurisdiction over a website hosted in Slovakia.

  • October 1, 2015

    8th Circ. Won't Rehear Nixed Tyson $24M Don-Doff Verdicts

    The Eighth Circuit has refused to reconsider its decision tossing out about $24 million in verdicts against Tyson Foods Inc. in two donning-and-doffing class actions brought by Nebraska factory workers, according to an order filed Thursday.

  • October 1, 2015

    T-Mobile Says Experian Breach Exposed 15M Customers’ Info

    T-Mobile USA Inc. said Thursday that personal information for 15 million U.S. customers was stolen by unidentified hackers due to a recently discovered data breach at Experian, the company that processes the wireless carrier’s credit checks.

  • October 1, 2015

    Retailers Say Microchip Cards Alone Won't Protect Shoppers

    As retailers across the country are forced to install payment card terminals that read new microchip-enabled cards or face potential liability for credit fraud, industry associations are warning that using the cards without requiring a PIN leaves consumer information vulnerable.

  • October 1, 2015

    Bill To Keep ACA 'Small Employer' Limit Goes To President

    The Senate on Thursday passed a bill to block the scheduled expansion of the definition of “small employer” under the Affordable Care Act that now heads to President Barack Obama’s desk.

  • October 1, 2015

    A Cyberattack Survival Guide For Policyholders

    Litigation faced by Target and Home Depot after massive data breaches highlights the cybersecurity concerns that all companies face. Here, attorneys discuss how insurance policies can protect against potential liability and where companies my have trouble getting coverage.

  • October 1, 2015

    UPS Settles Pregnancy Bias Case That Went To High Court

    United Parcel Service Inc. has settled a high-profile pregnancy discrimination case that was revived by the U.S. Supreme Court in March, according to a Thursday filing in Maryland federal court from the package delivery giant and the former UPS driver who brought the suit.

Expert Analysis

  • 5 Things Clients Never Tell Their Lawyers


    Given the times we live in, it is almost inevitable that everyone will, sooner or later, need to consult with legal counsel. With that in mind, I thought it might be interesting to discuss a few things that clients just won't tell their lawyers, says Francis Drelling, general counsel of Specialty Restaurants Corp.

  • In Congress: Energy, Budget, Boehner's Replacement

    Richard A. Hertling

    Budget negotiations and a House leadership election will consume much of the attention on Capitol Hill this week, following successful enactment of a continuing resolution to fund the government into December. Meanwhile, Speaker Boehner's recent announcement has set off a scramble in the Republican caucus of members eager to assume leadership posts for the remainder of the 114th Congress and beyond, say members of Covington & Burling LLP.

  • It May Not Always Be Safe To Follow Advice Of Counsel

    Steven A. Shaw

    The recent Southern District of New York decision in United States v. Wells Fargo Bank is one of the very few addressing whether an individual civil defendant can present an advice of counsel defense using information his employer asserts to be protected by attorney-client privilege, say Steven Shaw and Luke Meier of Covington & Burling LLP.

  • An Era Of Arctic Oil Exploration, Upended

    Joseph S. Kakesh

    After seven years of preparation, litigation and billions of dollars invested, Royal Dutch Shell PLC's recent decision to abandon its exploration program in the U.S. Arctic “for the foreseeable future” marks a pause — not the end — of a new era of Arctic oil and gas exploration. While oil prices weaken and dates change, litigation over the future of the Chukchi Sea rages on, say Joseph Kakesh and Steven Richardson of Wiley Rein LLP.

  • State AGs Vocal In New Supreme Court Term

    Joe Jacquot.jpg

    Justice Antonin Scalia often admits, “I’m a fed,” acknowledging that the U.S. Supreme Court is appointed, confirmed and vested with federal power. A critical counterbalance to that are state attorneys general, who uniquely, often singularly, come before the court to defend the interests of states. Here comes another big term for state AGs, says Joseph Jacquot, a partner with Foley & Lardner LLP and former deputy attorney general of Florida.

  • Caldwell Remarks Clarify Yates Memo's Purpose

    Richard Smith

    Although the U.S. Department of Justice's recent memo on the prosecution of individuals is termed “guidance,” statements made by Assistant Attorney General Leslie Caldwell at a conference last week make it clear that the new memo will carry with it a new approach to the DOJ’s corporate resolutions, say attorneys with Norton Rose Fulbright.

  • OPINION: Paul Harvey, RIP


    After recently hearing a young trial lawyer start his opening statement with the Paul Harvey approach, I feel motivated to set out the reasons why defense lawyers should not use this technique anymore, says Dr. Ross Laguzza of R&D Strategic Solutions.

  • A Cybersecurity Checklist For In-House Counsel

    Barry J. Coyne

    This summer saw a number of reports of alleged cybersecurity breaches in Internet-connected devices. Given the interconnectedness of products and the fact that manufacturers do not have end-to-end control of device networks, in-house counsel should craft a checklist to defend against security breach claims, regulatory violation allegations, or injury or damage lawsuits, say attorneys at Reed Smith LLP.

  • A Review Of SEC's Audit Fraud Enforcement Trends: Part 2

    Brian Neil Hoffman

    The U.S. Securities and Exchange Commission's enforcement energies are not directed toward accounting concerns alone, so entities and individuals should take equal care with other public disclosures. Some recent cases involved alleged misstatements about companies’ business operations, says Brian Neil Hoffman, former SEC senior attorney now with Holland & Hart LLP.

  • In Congress: Boehner, Shutdown, President Xi

    Richard A. Hertling

    Once again Congress is racing against the clock to keep the federal government open — before a midnight deadline Wednesday. The tumultuous process fits the highly partisan pattern of recent years and even led to the surprise announcement Friday from Speaker of the House John Boehner that he will resign from his leadership post and from Congress, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.