• October 26, 2016

    Russian Lawyers Say Sanctions Not Impacting Arbitration

    While Russia and its biggest businesses are still under stringent sanctions from the U.S. and the European Union over its 2014 annexation of Crimea, then a Ukrainian territory, lawyers and arbitrators in Russia find that little has affected corporate dispute resolution involving the nation, according to a recent survey.

  • October 26, 2016

    GC Egos Can Get In The Way Of Lawsuit Risk Assessment

    In-house lawyers too often let pride soften their take on the risk of new lawsuits and need more truth-telling from their firm lawyers, a panel of general counsels said Wednesday at a symposium in Manhattan.

  • October 26, 2016

    Commodities Firm's Ex-GC Alleges 'Good Ol' Boys' Workplace

    The former general counsel of a commodity trading company accused it in a Connecticut federal court suit on Tuesday of age and sex discrimination, contending she was underpaid and that the company's all-male board fired her because she was an older woman in a "male-dominated industry."

  • October 26, 2016

    Consumer Rights Group Calls Chamber 'Prodigious Litigator'

    The U.S. Chamber of Commerce is a “prodigious litigator” that favors big business and other corporate interests over smaller ones and litigates to oppose policies by such federal agencies as the U.S. Environmental Protection Agency, National Labor Relations Board and Equal Employment Opportunity Commission, a report by a consumer advocacy group concluded Wednesday.

  • October 26, 2016

    Ransomware Attacks Set To Quadruple In 2016, Beazley Says

    Ransomware attacks have hit the financial services, retail and hospitality industries especially hard this year, according to data breach response insurer Beazley, which said Wednesday that the number of these hacks among its entire client base in 2016 is on pace to be four times higher than last year.

  • October 26, 2016

    NLRB Urges 5th Circ. To Enforce Class-Waiver Ban For Citi

    The National Labor Relations Board on Monday asked the Fifth Circuit to enforce its order barring Citigroup from using a class action waiver in its mandatory arbitration agreement, despite acknowledging competing court precedent on the issue. 

  • October 26, 2016

    Biz Ramping Up Cybersecurity Infrastructure, Experts Say

    A wide variety of companies have taken steps to bulk up their in-house expertise on cybersecurity and privacy, experts said Wednesday, as businesses look to develop the ability to prevent and respond to data breaches before reaching out to outside counsel.

  • October 26, 2016

    T-Mobile, MetroPCS Work Rules Illegal, NLRB Tells 5th Circ.

    The Fifth Circuit should back the National Labor Relations Board ruling that various T-Mobile and MetroPCS employee handbooks have unlawful rules like positive workplace behavior requirements and workplace recording bans, the board recently said, because evidence shows the rules are overbroad.

  • October 26, 2016

    Jury Hits Abbott Unit With $4.25M Age-Bias Verdict

    A federal jury found Tuesday that an Abbott Labs unit discriminated against a national sales manager because of age, awarding $4.25 million to the former sales executive.

  • October 26, 2016

    Rainmaker Q&A: Rutan & Tucker's Shigenobu Itoh

    It’s opportunities where perhaps you don’t actually land an engagement that can turn out to be great substantive learning experiences for young lawyers in developing their nonlegal skills. They can serve as a catalyst to conduct some personal introspection, says Shigenobu Itoh, partner at Rutan & Tucker LLP.

  • October 25, 2016

    How To Respond To A Data Breach? The FTC Has Answers

    Key response measures for a data breach include securing physical real estate and sending out immediate notification, the Federal Trade Commission said Tuesday in a newly released guide for businesses on handling data breaches.

  • October 25, 2016

    Too Early For Contractors To Celebrate Fair Pay Rule Win

    Government contractors scored a significant win this week when an eleventh-hour injunction blocked much of the controversial Fair Pay and Safe Workplaces rule from taking effect, but the strong potential for either an appeal or an amended rule means companies need to continue planning for potential compliance, experts say.

  • October 25, 2016

    State Farm Beats Grocer's Bid For Data Breach Coverage

    State Farm doesn't have to defend or indemnify an Alabama grocery store in a lawsuit alleging that its failure to maintain adequate cybersecurity led to a hacking incident compromising customers' payment card data, a federal judge ruled Tuesday, holding that the store's policy doesn't offer coverage for third-party claims over electronic data loss.

  • October 25, 2016

    White House Urges States To Roll Back Noncompete Deals

    The White House on Tuesday issued a “call to action” to states over noncompete agreements, encouraging lawmakers to enact policies that would limit the legal frameworks in industries and for wage groups where it would be most practical.

  • October 25, 2016

    LA Hotel Can't Sue To Stop Labor Probe, NLRB Says

    The operators of the posh Hotel Bel-Air in Los Angeles can't sue a National Labor Relations Board official to block the agency's ongoing pursuit of discriminatory hiring practice allegations, the agency told a California federal judge Monday, saying that only circuit courts can review NLRB proceedings after the board has issued a final order.

  • October 25, 2016

    DraftKings, FanDuel Pay $12M To Settle NY False Ad Claims

    Leading daily fantasy sports companies DraftKings Inc. and FanDuel Inc. have reached a $12 million settlement with New York Attorney General Eric Schneiderman to end remaining false advertising claims in an enforcement action filed a year ago, seemingly putting an end to legal uncertainty for the industry in the state.

  • October 25, 2016

    Banks Seek OK In $5.2M Deal Over Kmart Data Breach

    A proposed class of banks suing Kmart over its 2014 data breach asked an Illinois federal judge on Monday for the second time to approve a $5.2 million settlement, saying the deal is a favorable compromise given the chance Kmart will go bankrupt if litigation continues.

  • October 25, 2016

    BuckleySandler Nabs Ex-Fifth Third GC For Banking Practice

    BuckleySandler LLP has picked up Heather Russell to lead the firm’s growing financial institutions regulation, supervision and technology practice, about three months after the attorney was fired as general counsel at Fifth Third Bank over a romantic relationship with Fannie Mae’s CEO.

  • October 24, 2016

    9th Circ. Revives Bloomingdale's Break Row, Citing Iskanian

    An ex-Bloomingdale’s saleswoman will be able to pursue her claims against the retailer for allegedly denying her meal breaks, the Ninth Circuit said Monday, vacating an earlier decision that ended her case and citing the California Supreme Court's landmark decision in Iskanian v. CLS Transportation.

  • October 24, 2016

    Bio-Rad Says Ex-GC Whistleblower Testimony Privileged

    Bio-Rad Laboratories Inc. asked a California federal judge on Friday to bar testimony from its former general counsel who is accusing the life sciences company of firing him for raising potential bribery allegations, saying all evidence the lawyer obtained through the course of his work is privileged.

Expert Analysis

  • Corporate Voting Standards Are Not That Standard

    Daniel E. Wolf

    As we enter the homestretch of the presidential election and the quadrennial bewilderment at the vagaries of the Electoral College system, it is an opportune moment to highlight that the voting standards for corporate shareholder approvals in the United States can be similarly confounding, say Daniel Wolf and Michael Brueck of Kirkland & Ellis LLP.

  • When Your Client Is The President

    Peter J. Wallison

    I was given immediate responsibility for responding to the Iran-Contra crisis. My problem as a lawyer was what to do about all the requests for files, documents and other information that were coming in from investigators. Ultimately, it came down to this: What do I believe about my client? says Peter Wallison, who served as White House counsel for President Ronald Reagan.

  • Assessing New Calif. Limits On Choice-Of-Law Provisions

    John B. Lewis

    Determining exactly how arbitration-related laws will be enforced in California is always a challenge, but two new laws — Senate Bill 1241 and Senate Bill 1007 — clearly aim to limit arbitration agreements in the state, says John Lewis of BakerHostetler.

  • Considerations When Hiring Executive Branch Employees

    Christopher E. Babbitt

    The traditional exodus that accompanies the end of a presidential administration creates opportunities for the private and nonprofit sectors to recruit talented individuals with unique experience. However, without appropriate controls this process can create legal and reputational risks for prospective employers and employees alike, say attorneys at WilmerHale.

  • When Your Client Is The President

    Fred F. Fielding

    The experience of preparing for the 1981 air traffic controller strike brought home to me the responsibility a lawyer owes to his or her client — be it an average citizen, a corporation or a president, says Morgan Lewis & Bockius LLP partner Fred Fielding, who served as White House counsel for Presidents Ronald Reagan and George W. Bush.

  • Bridging The Gap Between Outside And Inside Counsel

    Andrew S. Chamberlin

    Results from a recent International Association of Defense Counsel survey reveal a significant disconnect between inside and outside lawyers when it comes to perceptions of their own effectiveness versus the perceptions of their counterparts on the other side of the fence, say Andrew Chamberlin, a partner at Ellis & Winters LLP, and Orlyn Lockard, associate general counsel at Siemens Corp.

  • Demystifying The Migration To Cloud Technology

    Jonathan D. Draluck

    Many of the world's largest organizations are still reluctant to transition to cloud-based storage, in part due to the intimidating complexity of the migration. Jonathon Draluck of Greenberg Traurig LLP discusses the process, addressing common concerns and explaining how to take the first steps toward transition.

  • When Your Client Is The President

    William E. Casselman II

    My experience with the Nixon pardon, the Nixon tapes, the construction of the White House swimming pool, and other matters well out of the ordinary for a president’s lawyer taught me that in the practice of law one should learn to expect and cope with the unexpected, says William Casselman, who served as White House counsel for President Gerald Ford.

  • So You Want To Be A Partner? You Need A Mentor

    Rebecca Glatzer

    Not all aspects of the partnership process are within an attorney’s power. However, there are some factors that an associate can control on the path to partnership, the most important of which are the relationships cultivated along the way, says Rebecca Glatzer of Major Lindsey & Africa.

  • Nevada High Court's Unyielding Approach To Noncompetes

    Patrick H. Hicks

    The Nevada Supreme Court's recent decision in Golden Road Motor Inn v. Islam provides additional guidance on the concept of “reasonableness” for employers to keep in mind when drafting noncompete agreements. Employers are well advised to evaluate whether such agreements extend beyond what is necessary to protect legitimate business interests, say Patrick Hicks and Kathryn Blakey of Littler Mendelson PC.