The Seventh Circuit on Friday upheld a National Labor Relations Board ruling that found car dealership giant AutoNation Inc. violated the National Labor Relations Act because in 2011 its then-associate general counsel attempted to block union activity at an Illinois Toyota dealership.
As the 60-day comment period closed Friday for the U.S. Department of Labor’s controversial overtime changes, the nearly 200,000 comments underscore the sharp divide in opinion on the proposed rule that some say will bury businesses in costs while others argue it will help workers who have long been underpaid.
In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Lego goes after a toy company over its bid to register a "brick"-related mark, Microsoft takes exception to LG's "WinOZ" application, and Adidas continues its three-stripe trademark offensive.
The Third Circuit on Friday ruled that a former Pennsylvania high school English teacher cannot sue her school district for firing her after she made derogatory comments about students on her personal blog, upholding a federal district court ruling that ended her First Amendment suit.
While Congress has much on its plate when it returns from summer break this week, lawmakers will have to find time to address some some major tax bills before the end of the year. Here, Law360 examines tax legislation to watch for in the remainder of 2015.
The U.S. Trade Representative on Thursday outlined progress made at a recent session in Maui, Hawaii, to wrap up the landmark 12-nation Trans-Pacific Partnership, painting an optimistic picture of the pact’s prospects and achievements in areas such as intellectual property, labor and environmental protections.
A belief system called “Onionhead” that allegedly led to workers being required to tell one another “I love you” and is at the heart of a U.S. Equal Employment Opportunity Commission religious bias suit isn't actually a religion, defendant United Health Programs of America Inc. insisted on Thursday in a New York court.
The European Union, in an attempt to stem the persistent accusations of secrecy in the Transatlantic Trade and Investment Partnership negotiations with the U.S., has taken the highly unusual step of publishing its full negotiating proposals, a move that experts say could complicate the already precarious talks.
The National Labor Relations Board’s general counsel announced Tuesday that effective immediately, the standards the agency has applied to handwritten signatures apply equally to electronic signatures, opening the door for unions to use electronic signatures to show interest for union representation elections.
A former Tesla Motors Inc. mechanical engineer has been charged in California federal court with felony computer intrusion after allegedly accessing his manager’s email and subsequently posting a confidential customer complaint and false and disparaging remarks about the electric car company, the FBI announced Thursday.
The Equal Employment Opportunity Commission, in its bid to revive its suit over CVS Pharmacy Inc.’s separation agreements, on Thursday highlighted for the Seventh Circuit a ruling in a similar suit against an Applebee's franchisee that supports its ability to bypass pre-suit conciliation in its challenge of the pacts.
Sen. John Thune, R-S.D., signaled Thursday that the Senate may explore changes to the much-criticized Computer Fraud and Abuse Act, after cybersecurity experts argued restrictions in the bill were hampering researchers’ efforts to find and report digital security holes.
A California federal judge has denied approval of a nearly $3 million settlement between CVS Pharmacy Inc. and a proposed class of pharmacists claiming they were denied overtime wages, over concerns the settlement amount is too low.
The U.S. Chamber of Commerce launched a D.C. Circuit challenge Wednesday to the Federal Communications Commission’s order expanding the Telephone Consumer Protection Act to prohibit using an autodialing system, saying it was arbitrarily overbroad.
The University of California, Los Angeles Health System was not responsible for the unauthorized release of a woman’s medical records by a romantic rival, a California jury decided Thursday, rejecting her lawyer’s arguments that the victim was due $1.25 million for emotional harm caused by the breach.
U.S. District Judge Lucy H. Koh approved a $415 million class action settlement with Apple Inc., Google Inc. and others Wednesday resolving claims they illegally agreed not to poach each other’s engineers, but gave the plaintiffs just half of the $81 million in attorneys' fees they had requested.
Sony Pictures Entertainment Inc. is settling a proposed class action by former employees claiming its negligence caused a massive data breach allegedly carried out by North Korean hackers in retaliation for “The Interview,” according to a Wednesday filing in California federal court.
The U.S. Department of Labor on Tuesday asked the D.C. Circuit to expedite its mandate approving of the agency’s rule extending overtime and minimum-wage protections to most home-care workers, saying there’s no reason to pause implementation even in the face of a potential high-court review.
The senior senator from Arkansas is urging his colleagues to repeal the decade-old country-of-origin labeling rule that could see Mexico and Canada hit the U.S. with $3 billion in sanctions, saying on Wednesday that he fears the impact the rule could have on his home state’s agricultural industry.
The Obama administration is seeking input on the best ways to protect intellectual property rights as it pens a new three-year strategic plan to coordinate the regulatory and enforcement agendas across the federal government, the White House said Tuesday.
The question that remains to be answered is whether courts, particularly circuit courts, will adopt the U.S. Securities and Exchange Commission’s recent interpretative guidance regarding the scope of the Dodd-Frank Act's employment retaliation protections. In the absence of Chevron deference, the interpretative rule may be afforded a lower level of deference, or no deference at all, say Lloyd Chinn and Noa Baddish of Proskauer Rose LLP.
Russia’s new Data Localization Law creates uncertainty for companies that do business with Russian citizens in the Russian Federation and could increase the cost of selling goods and services to Russian citizens, say attorneys at King & Spalding LLP.
In contrast to routine litigation, crises — such as environmental disasters, violent criminal or terrorist acts, explosions, corporate scandals or computer crimes — involve issues and follow timelines that are difficult to foresee. Even though every crisis is unique, there are 10 steps you can take to help mitigate damage and stabilize the situation, say Otway Denny and Jessica Farley of Norton Rose Fulbright US LLP.
In AngioScore v. TriReme Medical the district court for the Northern District of California articulates the principles of the corporate opportunity doctrine in a manner that should serve as a valuable resource for general counsel to life sciences companies, academic medical centers and other entities that often seek to commercialize health-related technology, says Michael Peregrine at McDermott Will & Emery LLP.
The $148 million in damages levied last week against Dole Food Co. Inc. CEO David Murdock and former general counsel C. Michael Carter emphasizes that controlling stockholder transactions that employ the dual procedural protections set out in MFW must actually adhere to the substance and purpose of those protections, say attorneys with Cadwalader Wickersham & Taft LLP.
The circuits are divided on whether federal jurisdiction can be grounded in the first instance on Section 27 of the Securities Exchange Act, which states that federal courts “shall have exclusive jurisdiction” of violations arising under the act’s regulations. The resolution of this issue by the U.S. Supreme Court in Manning v. Merrill Lynch Pierce Fenner & Smith Inc. stands to affect not just Exchange Act claims, say Matthew Tobin... (continued)
Constituency directors may have day jobs as employees of the private equity firm, parent corporation, activist hedge fund, lender or union that designated them for the board seat they now hold. If so, such directors owe separate duties to their employer. Kaye Scholer LLP partner Diane Holt Frankle takes an in-depth look at the issues constituency directors should keep in mind and the standards that apply to them.
Compliance officers and attorneys need to develop a working understanding of “credible information” as used in the Federal Acquisition Regulation Combating Trafficking in Persons clause. Unlike other terms, “credible information” is not a precise legal term. There is also an inconsistency within the FAR, says Robert Stamps, special counsel for Afghanistan at Fluor Intercontinental Inc.
A subpoena from the Federal Trade Commission can be unnerving and may appear daunting in the scope of its requests. Negotiations with the FTC regarding scope of discovery, time frames and even format of production can assist in reducing the burden for companies, say Julie Flaming and Katie Smith of Nelson Mullins Riley & Scarborough LLP.
As the sophistication of cyber incidents increases and the security of government-protected data gains ever heightened stance, it is key that we continue to develop stronger regulations and protections. The U.S. Department of Defense interim rule relating to DOD-contracted cloud computing services is a good next step — but it is only a step on an undoubtedly long road, says Lawrence Prosen of Thompson Hine LLP.