Corporate

  • March 27, 2015

    High Court Asked To Rein In Calif. On Arbitration Agreements

    California is the “single biggest offender” when it comes to states circumventing U.S. Supreme Court precedent requiring worker arbitration pacts to be enforced as written, a trio of employer groups said Thursday, urging the high court to grant a petition for review from a Bridgestone Corp. unit. 

  • March 27, 2015

    NLRB, McDonald's Joint Employer Fight Could Change Game

    Hearings are set to kick off Monday in controversial joint employer cases where the National Labor Relations Board's general counsel is accusing McDonald's USA LLC and franchisees of anti-union activity, a step forward in a sweeping battle critics say could dramatically expand liability for franchisers and mark a sea change in how federal labor law is enforced.

  • March 27, 2015

    Paramount Beats FCRA Suit Over Job Seeker Credit Checks

    Paramount Pictures Corp. escaped a putative class action when a California federal judge ruled it hadn’t violated the Fair Credit Reporting Act by getting credit reports on current and prospective employees without providing a separate release form, according to an order issued Thursday.

  • March 27, 2015

    Kleiner Perkins Beats Pao's $100M Gender-Bias Case

    A California jury cleared Kleiner Perkins Caufield & Byers LLC on Friday of discriminating against interim Reddit CEO Ellen Pao in her $100 million gender bias case, and found that the venture capital firm didn’t fire her because she sued over the allegations.

  • March 26, 2015

    Premera Blue Cross Sued Over Massive Data Breach

    Premera Blue Cross, one of the largest health insurers in the Pacific Northwest, was hit with a proposed class action Thursday in Washington federal court accusing it of negligence after a data breach potentially exposed the personal data of 11 million customers.

  • March 26, 2015

    States Block FMLA Same-Sex Spouse Rule Change

    A group of state attorneys general on Thursday won their bid to block the U.S. Department of Labor from enacting a new rule under the Family and Medical Leave Act that would extend protections to same-sex couples when a Texas federal judge granted a preliminary injunction.

  • March 26, 2015

    Bill Allowing Employer Access To Workers' Social Media Nixed

    Arkansas legislation that would have allowed some employers to force workers to add them on social media accounts died in a state Senate committee on Wednesday, after it had passed the Arkansas House of Representatives by an overwhelming majority in February.

  • March 26, 2015

    Ex-Commerce Chiefs Want Fast-Track Without Currency Rules

    A bipartisan group of former U.S. secretaries of commerce on Wednesday pressed Congress to sign off on the fast-track model of approving U.S. trade agreements, echoing top Obama administration members who want to avoid tying anti-currency manipulation measures to trade deals.

  • March 26, 2015

    US Chamber Blasts NLRB's Defense Of Union Election Rule

    The National Labor Relations Board’s defense of its controversial union election rule is overbroad and flat-out wrong, the U.S. Chamber of Commerce and several trade associations told a D.C. federal court Wednesday, urging it to vacate the rule.

  • March 26, 2015

    Accounting Standards Debate Ran Its Course: SEC Official

    In a speech Thursday in Brooklyn, Democratic Commissioner Kara Stein of the U.S. Securities and Exchange Commission called for a new vision of accounting standards, saying the debate over whether the country should switch from domestic to international standards has run its course.

  • March 26, 2015

    House Bill Would Give Cos. 30 Days To Notify Of Data Breach

    A Democratic U.S. Representative on Thursday announced that he was introducing cybersecurity legislation that would give businesses, with some exceptions, 30 days to notify customers after discovery of a data breach.

  • March 26, 2015

    Citi Wage Suit With Unusual DR Horton Ruling Sent To Arbiter

    An Idaho federal judge who relied on the National Labor Relations Board's D.R. Horton decision, and rejected Citicorp Credit Services Inc.'s bid to compel individual arbitration in an ex-worker's proposed collective action, reversed course Wednesday, noting the Ninth Circuit called his prior ruling into question.

  • March 26, 2015

    EU Antitrust Regulators Set Sights On E-Commerce

    A European Union official on Thursday called for a probe into the e-commerce sector in an attempt to erase digital geographical barriers to commerce that do not exist in the integrated bloc’s brick-and-mortar retail world, saying a well-functioning “Digital Single Market” could add about €340 billion ($372 billion) to GDP.

  • March 25, 2015

    Data Privacy Bill Clears First Hurdle In House

    A House subcommittee on Wednesday pushed through a bipartisan data security and breach notification bill that aims to establish a nationwide standard for protecting consumers’ personal information from hackers and reporting breaches.

  • March 25, 2015

    High Court UPS Ruling Means Changes To EEOC Guidance

    The U.S. Supreme Court's decision Wednesday breathing new life into a pregnancy bias suit against United Parcel Service Inc. won plaudits from worker advocates including the U.S. Equal Opportunity Commission, even though the ruling was critical of recent EEOC pregnancy discrimination guidance that will now have to be changed.

  • March 25, 2015

    Attorneys React To High Court Pregnancy Bias Ruling

    On Wednesday, the U.S. Supreme Court vacated a Fourth Circuit decision that nixed a pregnancy bias case against UPS, finding that neither party's interpretation of the Pregnancy Discrimination Act was persuasive. Here, attorneys tell Law360 why the decision in Young v. United Parcel Service Inc. is significant.

  • March 25, 2015

    EU Eyes Copyright, Data Reforms For Digital Unity

    The European Commission laid out a wide-ranging plan Wednesday to create a unified digital market across the European Union that would modernize copyright law, simplify sales tax schemes, push for new data protection rules and attack online geographic price discrimination.

  • March 25, 2015

    High Court Split Over EPA's Need To Consider Costs

    U.S. Supreme Court justices appeared split Wednesday over whether the U.S. Environmental Protection Agency had to consider costs before issuing its landmark rule limiting mercury and other toxic emissions from power plants, with the court’s liberal wing backing the agency’s decision to ignore costs amid skepticism from the conservative wing.

  • March 25, 2015

    House Bill Encourages Cos. To Share Info On Cyberthreats

    The House Intelligence Committee on Tuesday announced legislation that would encourage companies to share information on cyberthreats with each other and the federal government by offering liability protection.

  • March 25, 2015

    House Dem's Insider Trading Ban Would Reverse Newman

    U.S. Rep. Jim Himes, D-Conn., introduced bipartisan legislation on Wednesday to ban insider trading and eradicate the “personal benefit” clause of the Second Circuit's landmark Newman decision, the third bill targeting insider trading this congressional session.

Expert Analysis

  • Mixed Messages On The Impact Of Young V. UPS

    Neal D. Mollen

    While the U.S. Supreme Court's extension of the Pregnancy Discrimination Act in Young v. United Parcel Service Inc. may well have little impact on employer policies, for Title VII litigation, the high court's description of the shifting burdens of proof is problematic, say attorneys at Paul Hastings LLP.

  • FTC’s Nonpublic Investigations Aren't Always Nonpublic

    Joe Ostoyich

    The Federal Trade Commission is required to preserve the confidentiality of the existence of its investigations and all of the company information and witness testimony obtained during its investigations. Yet a detailed internal report of the FTC staff’s investigation of Google Inc. for antitrust violations recently became front-page news. And unfortunately this disclosure was not an isolated occurrence, say attorneys with Baker Botts LLP.

  • 5 Key Privacy Considerations For All Companies

    Adam Solander

    Privacy and security are closely intertwined, but securing information from outside intrusion may not provide the privacy protections you need, say Adam Solander and Patricia Wagner of Epstein Becker & Green PC.

  • Lower Courts Missing The Point Of Halliburton II

    John S. Williams

    Defendants are being denied the full benefit of Halliburton II because courts are misunderstanding the import of the case, and in particular, how that decision requires a refined reading of Halliburton I and Amgen, say George Borden and John Williams of Williams & Connolly LLP.

  • High Court May Take On Corporate 5th Amendment Privilege

    Ramzi Abadou

    A festering but virtually unnoticed circuit split over a legal doctrine the U.S. Supreme Court first recognized early last century may provide the Roberts court with the opportunity to grant corporate persons privilege against self-incrimination for the first time in U.S. history, says Ramzi Abadou of Kahn Swick & Foti LLP.

  • And Now A Word From The Panel: Just Say No (To MDLs)?

    Alan E. Rothman

    What will spring bring for the Judicial Panel on Multidistrict Litigation? Will it continue to close the door on new MDL proceedings? Will it decide to throw the baby out with the bathwater and decline to create a baby wipe MDL? asks Alan Rothman of Kaye Scholer LLP.

  • Avoiding Tax Inefficiencies In M&A Integration

    Elan P. Keller

    The technical provisions of an acquisition agreement turn into harsh reality when the IRS knocks on the doors of a combined taxpayer a couple of years after the transaction closed. The seller is now nowhere to be found, or the IRS combines preclosing audit issues with post-closing issues, which makes the lines of indemnification substantially blurry, says Elan Keller of Kaye Scholer LLP.

  • Don't Click On That Link! Your Data May Depend On It

    Randi W. Singer

    Cybersecurity is the ultimate team sport and every person in a company — from a corporate director all the way down to an entry-level employee — needs to be aware of spear phishing, which is often the easiest route into a sophisticated computer network, say Paul Ferrillo and Randi Singer of Weil Gotshal & Manges LLP.

  • This Week In Congress: Bicameral Coincidence, Vote-A-Rama

    Richard A. Hertling

    This week both chambers begin the annual congressional budget debate, a process that will set the budget rules and spending limits for the congressional appropriations committees in funding federal agencies for fiscal year 2016. And on Thursday, the Senate will begin its famed “Vote-a-rama,” say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • 3 Ways To Curb Insider Threats Without Alienating Employees

    Thom Ottoson

    Insider threats may be the most grievous of threats companies face because they always come from a trusted individual. But not all trusted individuals should be subject to scrutiny all the time. Instead of creating a culture of security, it causes a culture of fear, say Thomas Ottoson and Nicholas Metzgar, founders of LemonFish Technologies LLC and former technical directors in the Office of the Director of National Intelligence.