• October 24, 2014

    Lawmakers Want Data Flow Protections In TPP Talks

    Six congressmen, including the heads of the Senate Finance and Commerce committees, urged U.S. trade negotiators on Friday to protect the unfettered transfer of commercial data and digital trade in Trans-Pacific Partnership talks this weekend.

  • October 24, 2014

    Texas High Court Will Review Bickel & Brewer DQ Order

    The Texas Supreme Court on Friday agreed to hear Bickel & Brewer LLP’s argument that it was wrongly disqualified from representing RSR Corp. in a $60 million contract dispute with Chilean mining company Inppamet SA, in a case that could clarify boundaries for how lawyers talk to employees of opposing parties.

  • October 24, 2014

    1st Circ. Says CVS Properly Removed Wage Row

    The First Circuit on Friday reversed the remand of a putative wage class action against CVS Pharmacy Inc., saying CVS’ removal shouldn’t have been nixed for being filed past the 30-day deadline outlined in the Class Action Fairness Act, since the act includes exceptions when a suit’s damages can be readily calculated.

  • October 24, 2014

    NJ Lawmakers Advance Bill Expanding Data Breach Mandates

    A New Jersey Assembly panel on Thursday cleared a bill expanding the types of data breaches that companies are required to disclose to consumers, one of the latest efforts by legislators to regulate the oversight of consumer information in the wake of recent massive data breaches.

  • October 24, 2014

    FCC Wades Into Data Security With $10M Privacy Breach Fine

    The Federal Communications Commission jumped into the field of data security regulation for the first time Friday, hitting a pair of telecommunications companies with a $10 million fine for allegedly failing to adequately safeguard customers' sensitive personal information. 

  • October 24, 2014

    Medical Pot Law Trumps Unemployment Law, Mich. Court Says

    A Michigan appeals court ruled Friday that workers fired solely for failing a drug test because of their legal use of medical marijuana qualify for unemployment benefits, affirming lower court decisions that the state’s medical marijuana law preempted its unemployment law.

  • October 24, 2014

    Deferred Annuities Won't Violate 401(k) Discrimination Rule

    The Internal Revenue Service and U.S. Department of the Treasury on Friday said employer-sponsored 401(k) plans can now include annuities that are limited to older individuals without running afoul of federal nondiscrimination requirements, in a bid to promote annuity usage among taxpayers.

  • October 23, 2014

    Canada Slams 'Protectionist' Buy America Procurement Bills

    Canada's top trade official on Thursday issued a stern rebuke to U.S. lawmakers for their continuing efforts to ramp up "buy America" requirements for U.S. federal, state and municipal-level governments, blasting the proposals as a damaging restriction on public procurement markets.

  • October 23, 2014

    Gay Worker Fired Over God's Will Keeps Bias Suit In Play

    A New Jersey federal judge refused Thursday to nix a lawsuit brought against the owner of several Ashley Furniture HomeStore locations by an ex-human resources director who was allegedly fired because of her sexual orientation and told the termination was ordained by God.  

  • October 23, 2014

    JC Penney Ruling Urges Swiftness For FLSA 'Pick-Off' Bids

    J.C. Penney Co. Inc.'s recent failed attempt to end a potential Fair Labor Standards Act collective action by offering to pay the named plaintiffs' wage claims prompted a New York federal court ruling that attorneys say demonstrates the need to act quickly — for employers looking to complete an FLSA “pick-off” as well as plaintiffs looking to avoid one.

  • October 23, 2014

    Fed Wants Banks To Test For Severe 2015 Recession

    The Federal Reserve on Thursday said that banks will have to show how a severe global recession featuring a steep rise in the unemployment rate, soaring gas prices and, for the largest institutions, a large corporate default would affect their balance sheets in their 2015 stress tests.

  • October 23, 2014

    NJ Lawmakers Back Challenge To Cap-And-Trade Repeal

    Lawmakers in both houses of the New Jersey Legislature on Thursday advanced a measure challenging a move by Gov. Chris Christie's administration to repeal cap-and-trade regulations tied to the state's former participation in a regional greenhouse-gas reduction pact.

  • October 23, 2014

    Facebook Skirts UK Corporate Taxes For A 2nd Year

    Facebook Inc.'s U.K. arm earned over £49.8 million ($79.9 million) in revenue last year, yet paid zero U.K. corporate taxes for the second year in a row, according to financial filings released Tuesday that could draw increased scrutiny as European governments crack down on corporate tax avoidance.

  • October 23, 2014

    Wal-Mart Settles With EEOC Over Discriminatory Urine Test

    Wal-Mart Stores East LP has agreed to pay $72,500 to a job applicant who was denied a sales associate position because her end-state renal disease did not allow her to take a drug urinalysis test, the U.S. Equal Employment Opportunity Commission said Wednesday.

  • October 23, 2014

    Reps. Seek Probe Of Jimmy John's Over Noncompetes

    Sandwich chain Jimmy John's came under scrutiny Wednesday when members of Congress asked the U.S. Department of Labor and the Federal Trade Commission to investigate reports that the company forces low-wage workers sign noncompete agreements, calling the practice anti-competitive.

  • October 22, 2014

    Justices Poised To Set Line For Police On Data Searches

    The U.S. Supreme Court on Monday agreed to take up a challenge to a Los Angeles law allowing warrantless searches of hotel registries, paving the way for the justices to draw a clear line regarding when and how law enforcement needs court involvement to gain access to data held by hotels, technology companies and others.

  • October 22, 2014

    Giving Number To Airline Isn't TCPA Consent, 9th Circ. Told

    A consumer has urged the Ninth Circuit to revive her proposed class action claiming a travel technology contractor violated the Telephone Consumer Protection Act by text-spamming her, saying the lower court incorrectly determined she had given express consent by providing her number when booking a flight.

  • October 22, 2014

    Target Says Banks Can't Go After It For Data Breach Losses

    Target Corp. on Wednesday doubled down on its bid to dismiss banks and credit unions' legal claims over last year's massive data breach at the retail chain, arguing its handling of customer payment card data didn't establish a relationship with financial institutions that would allow them to recover their losses.

  • October 22, 2014

    PAGA Divide May Push High Court To Take Up Iskanian Case

    Several federal judges have recently rejected the California Supreme Court's employee-friendly Iskanian ruling that workers can't waive representative Private Attorneys General Act claims through mandatory arbitration agreements, a trend lawyers say increases the chances that the U.S. Supreme Court may choose to weigh in.

  • October 22, 2014

    NLRB Judge Finds Against Ross Stores' Arbitration Pact

    A National Labor Relations Board judge ruled Tuesday that clothing retailer Ross Stores Inc. violated federal labor law when it required employees to sign an arbitration agreement that prohibited them from pursuing class or collective actions.

Expert Analysis

  • A Possible Game-Changer For 'Silent' Arbitration Clauses

    Brian Berkley

    Notwithstanding its arguably questionable precedential support, the Third Circuit’s decision in Opalinski v. Robert Half Inc. is not surprising. It continues arbitration law’s march toward a likely end, by any path, for class action liability for companies and other business entities, say Brian Berkley and Matthew Adler of Pepper Hamilton LLP.

  • 5 Issues For Employers To Consider When Shaping Benefits

    Michelle Capezza

    In light of recent legal developments, most notably passage of the Affordable Care Act, and ongoing national issues, such as America's looming retirement crisis, corporate employers will continue to face incredible challenges to their offered health and benefit plans, says Michelle Capezza of Epstein Becker & Green PC.

  • 4 Reasons GCs Are Cautious About Filing Patent Suits

    Matt Jorgenson

    While patent litigation unquestionably is and will remain an important competitive tool for many companies, a few uncertainties may make a favorable outcome for a patentee more difficult both to assess and to ultimately achieve. These uncertainties also tend to increase the cost for a patentee to litigate successfully to a final judgment, say Matt Jorgenson and Bryan Blumenkopf of Sidley Austin LLP.

  • Examining The EEOC's Fiscal Year-End Lawsuit Blitz

    Gerald L. Maatman Jr.

    This fiscal year, the U.S. Equal Employment Opportunity Commission has focused substantial resources to tackle the legal issues that could — if the EEOC is successful — sweep away certain procedural prerequisites to filing suit that the agency believes impede its enforcement efforts, especially over systemic cases, say attorneys at Seyfarth Shaw LLP.

  • Canada's Proposed Takeover Bid Rules Are Target-Friendly

    Ralph Shay

    Newly proposed amendments to Canada's takeover bid legislation would address long-standing concerns that the current regulatory regime tilts the playing field too far in favor of hostile bidders, says Ralph Shay of Dentons Canada LLP.

  • The Impact Of Boilermakers Continues To Be Felt

    Celia Taylor

    Relying on and further strengthening the import of Boilermakers Local 154 Retirement Fund v. Chevron Corp., a recent decision in a shareholder suit involving Chemed Corp. shows the power of boards to have their say as to where intracorporate litigation will take place and who will pay for it, says Celia Taylor of Sturm College of Law at the University of Denver.

  • 10 Things You Must Know Before Engaging In Crowdfunding

    Eliza Sporn Fromberg

    "Accredited crowdfunding" platforms offer the tantalizing possibility of raising funds with the click of a button, but it is vital to consider the regulatory scheme under which the platform operates and its managerial and financial resources, among other factors, say Eliza Sporn Fromberg, counsel at Day Pitney LLP, and Norbert Mehl, CEO of Global i Ventures.

  • Accessing The D&O Liability Coverage Of A Bankrupt Corp.

    Mary E. McCutcheon

    A traditional directors and officers insurance policy risks dilution where the company also faces a covered claim. And when the company has filed for bankruptcy, payment of the proceeds for claims against the directors and officers may be delayed, and even impaired, says Mary McCutcheon of Farella Braun & Martel LLP.

  • 5 Takeaways From The New Cybersecurity Executive Order

    Lisa Ledbetter

    President Obama signed an executive order on Friday that requires federal agencies to apply enhanced security features to government payment cards. The administration views chip-and-PIN technology as a significant step forward, but such technology does not provide protection in online, mail and telephone order purchases, and does not eliminate the risk of a security breach, say attorneys with Jones Day.

  • FLSA Case Is A Guide To Using Independent Contractors

    Larry S. Perlman

    Saleem v. Corporate Transportation Group Ltd., the "black car" driver case brought under the Fair Labor Standards Act and the New York Labor Law, provides excellent examples for employers to better navigate the legal landscape of independent contractor status given the case's examination of contracts and control over contractors, say Larry Perlman and Tamar Dolcourt of Foley & Lardner LLP.