A New York federal judge on Monday dismissed the U.S. Equal Employment Opportunity Commission’s claim of nationwide sex discrimination by Sterling Jewelers Inc., adopting a magistrate's recommendation that the EEOC’s presuit investigation against the Kay Jewelers parent was not national in scope.
The U.S. Supreme Court on Monday once again passed on a chance to decide whether class actions under consumer protection statutes can advance without evidence linking corporate defendants' misconduct to direct financial harm, leaving intact two suits against banks over allegedly improper ATM fees.
Scrutiny of embattled Port Authority of New York and New Jersey Chairman David Samson continued to ratchet up Monday, with Manhattan federal prosecutors reportedly subpoenaing the bi-state agency for records tied to possible conflicts of interest on the part of the Wolff & Samson PC co-founder.
General Motors Co. has tapped Jenner & Block LLP and King & Spalding LLP to investigate its controversial recall of 1.6 million vehicles over an ignition switch problem, the company said Monday, with Jenner & Block Chairman Anton Valukas leading the internal probe.
A U.S. Court of Federal Claims judge on Friday dismissed KBR Inc.'s suit seeking indemnification for its defense against suits brought by military personnel injured by toxic chemical agents while guarding an Iraqi facility, finding the court lacked jurisdiction because KBR didn't submit a valid certified claim.
Newly finalized Affordable Care Act regulations that streamline the data-reporting obligations of businesses are a modest win for employers, which can now avoid some of the law's especially onerous requirements, but companies won't entirely escape administrative headaches. Here, attorneys tell Law360 four ways the latest rule revisions will impact employers.
The U.S. Equal Employment Opportunity Commission and the Federal Trade Commission on Monday issued joint informal guidance concerning the legal pitfalls employers may face when consulting background checks into a worker's criminal record, financial history, medical history or use of social media.
Japanese bitcoin exchange Mt. Gox sought Chapter 15 protection in Texas on Sunday, saying it needed to halt two pending lawsuits in the U.S. while it sorts out its financial affairs through its main bankruptcy proceeding in Tokyo.
The U.S. Supreme Court on Monday agreed to weigh in on whether its decision in American Pipe & Construction Co. v. Utah — which held that filing a putative class action stops the statute of limitations from running for would-be class members — applies equally to statutes of repose, after the Second Circuit refused to allow a group of retirement systems to intervene in a securities fraud class action.
The U.S. Supreme Court on Monday asked the solicitor general to weigh in on whether private parties can sue banks under the Truth in Savings Act, after Bank of America NA asked the high court to nix a putative class action against it.
A Michigan federal judge on Friday reinstated his certification of a class of nurses who allege Detroit-area hospitals conspired to keep their wages low, rejecting an argument that the class shouldn’t be joined following the U.S. Supreme Court’s decision in Comcast Corp. v. Behrend.
Federal Trade Commissioner Julie Brill on Friday injected her views into the raging debate over a national data security standard, saying that any breach notification legislation that preempts state laws should include a low reporting trigger and enforcement powers for state regulators.
Fifth Third Bancorp's argument that ex-workers who said the company's stock was too risky for their retirement plan had to claim Fifth Third faced dire circumstances — such as impending collapse — to keep a proposed Employee Retirement Income Security Act class action in court is bunk, the U.S. solicitor general told the Supreme Court on Wednesday.
President Barack Obama's 2015 budget proposal isn't a tax reform initiative like the one recently released by House Ways and Means Committee Chairman Rep. Dave Camp, R-Mich., but both share a keen focus on international corporate tax avoidance that highlights the matter's urgency, experts said Friday in a KPMG LLP webcast.
A trade association representing direct-marketing retailers has filed an appeal with the U.S. Supreme Court, arguing the Tenth Circuit ushered in an unwarranted expansion of the Tax Injunction Act when it ruled the federal law prohibited a lower court from deciding whether Colorado may impose reporting requirements on out-of-state retailers.
A trio of European Union privacy regulators on Friday shot down suggestions that stalled efforts to reform the bloc’s data protection regime were dead, but conceded that hammering out an agreement may go past the current Jan. 1 deadline.
By ruling that BP PLC must continue dispensing payments from its $9.2 billion Deepwater Horizon deal to businesses that may not have been harmed by the spill, the Fifth Circuit sent a warning to companies negotiating large-scale settlement agreements: If you sign it, you're stuck with it.
A New York federal court on Friday approved a deal in which a whistleblower will get $63.9 million for tips leading to a False Claims Act settlement in which JPMorgan Chase & Co. agreed to pay $614 million over allegations it defrauded the U.S. government into insuring flawed home loans
A pair of economists told the Second Circuit on Tuesday that the district court overseeing the U.S. Department of Justice's e-books price-fixing case against Apple Inc. ignored key economic evidence in a decision that threatened to thwart the use of common, pro-competitive contract clauses.
The Eleventh Circuit affirmed the dismissal of a putative class action alleging Sanderson Farms Inc. violated the Racketeer Influenced and Corrupt Organizations Act by depressing workers' wages, saying Friday that the plaintiffs didn't sufficiently show their injury was caused by racketeering.
What do appellate judges like and dislike, and what kinds of things should you be looking for in a draft? Drawing from surveys taken over the last 14 years, we’ve identified five red flags that judges consistently identify as deficiencies in appellate briefs and advice on how to avoid them, say Robert Carty and Dawn Solowey of Seyfarth Shaw LLP.
Cloud users must know how to use the cloud responsibly to prevent later difficulties with document production. When negotiating a cloud service agreement, users should look for certain services that will prove useful when responding to discovery requests, such as comprehensive search options, instant suspension of the auto-delete function, and preservation of metadata and embedded data, say attorneys with Sidley Austin LLP.
In the year since the U.S. Supreme Court's decision in Comcast Corp. v. Behrend, nearly 200 cases have cited the ruling, but the only consensus reached is that its significance for class actions is unsettled. However, notwithstanding the lower courts’ inconsistent application of Comcast's “rigorous analysis” of damages model evidence, a few guiding principles have emerged, say Erik Snapp and Quinn Shean of Dechert LLP.
Whether ensuring wage-hour compliance, implementing a new internship program or conducting a background check, hospitality employers must always be aware of the pitfalls. For example, while screening new hires through background checks may seem like the best way to limit liability and protect guests, a blanket disqualification may be viewed as an indirect form of race discrimination, say Bethanie Barnes and John Mavros of Fisher & Phillips LLP.
While there was only one U.S. Department of Justice Foreign Corrupt Practices Act opinion procedure release in 2013, last year's enforcement actions, and remarks made by DOJ and U.S. Securities and Exchange Commission officials, provided a fair amount of guidance on various compliance topics — including travel and entertainment, gifts, charitable donations, third-party due diligence, self-reporting, cooperation and remediation, and commercial bribery, say attorneys with Shearman & Sterling LLP.
In stark contrast to the changing environment for the majority of lawyers today, the evolution for the general counsel is driven less by necessity than by opportunity. Today’s GC may touch every aspect of his or her organization to solve challenges and propel the company forward, keeping the GC far ahead of what is expected of the average lawyer, says James Merklinger, vice president and general counsel of the Association of Corporate Counsel.
There is widespread belief that the next big wave of shareholder litigation will be derivative cases, and one key issue that has not been analyzed enough is representation. For example, should the securities class action defense counsel represent the company, or its directors and officers? The right approach is a judgment call, says Douglas Greene of Lane Powell PC.
What happens if an unforeseeable and materially adverse event occurs after the pricing of securities but before the closing of an investment deal? In such a situation, navigating an alternative to terminating the deal is particularly challenging because U.S. Securities and Exchange Commission rules and guidance are not always helpful, and participants rarely have a set of “best practices” to guide them, say attorneys with Hunton & Williams LLP.
The recently closed comment period for the proposed Federal Rules of Civil Procedure amendments generated passionate antipodal responses over discovery rules that appear to benefit large corporate litigants at the expense of individual plaintiffs and civil rights groups. The nature and intensity of the response should lead the committee to reconsider the overall fairness of the proposed discovery amendments, says Henry Kelston of Milberg LLP.
Three courts — including the Fourth Circuit in Carter v. Halliburton Co. — have erred in ruling that the Wartime Suspension of Limitations Act applies to noncriminal matters, such as False Claims Act claims. These decisions put businesses in numerous industries at risk of having to defend stale claims seeking potentially ruinous damages under the FCA. The U.S. Supreme Court should grant cert in Carter, say Jesse Witten and Lee Roach of Drinker Biddle & Reath LLP.