Corporate

  • April 29, 2016

    Dov Charney Can't Ditch Hedge Fund's Leadership Pact Suit

    The Delaware Chancery Court rejected former American Apparel CEO Dov Charney's call to dismiss or stay Standard General’s suit claiming he violated an agreement to remove himself from company leadership, saying Friday it wouldn’t be appropriate to wait on Charney's pending California litigation against the hedge fund and others.

  • April 29, 2016

    1st Circ. Revives USA Today App User's Privacy Class Action

    The First Circuit on Friday revived a USA Today smartphone app user’s putative class action alleging the paper’s parent Gannett illegally collected his browsing data to sell to advertisers, ruling the app user, unlike a website user, is a “subscriber” protected by federal privacy law.

  • April 29, 2016

    The Top In-House Hires Of April

    The embattled GM continues to transform its legal team by appointing a leader for its ethics and compliance program, and Aetna hires a new general counsel as its merger with Humana hangs in the balance. Here are the top in-house moves you should know about.

  • April 29, 2016

    Drug Firms Battle In Del., Calif. Over Shared LLC, $60M IP

    Pharmaceutical developer Syntrix Biosystems Inc. on Friday asked the Delaware Chancery Court to dissolve a company it formed with PharmaInvest LLC to develop a drug for autoimmune diseases, saying PharmaInvest failed to make required investments and paralyzed the business and a $60 million intellectual property right with an injunction.

  • April 29, 2016

    Pfizer Still Can't Compare Children's Advil To Tylenol In Ads

    Pfizer Inc. on Friday lost a bid to limit a 26-year-old ban on comparing its Advil products to McNeil-PPC Inc.’s Tylenol when a New York federal judge found that even pediatric versions of Advil that didn’t exist at the initial order are still covered by it.

  • April 29, 2016

    No Need to Rethink Tipping-Pool Rule, DOL Tells 9th Circ.

    The U.S. Department of Labor on Thursday said the Ninth Circuit was right to uphold an agency rule barring employers from using tip pools to boost kitchen worker wages, arguing that the decision does not conflict with previous court rulings or labor laws.

  • April 29, 2016

    3 Employer Takeaways From The Defend Trade Secrets Act

    With President Barack Obama on the cusp of signing a bipartisan bill that offers companies greater access to federal court in trade secret cases, attorneys say employers need to prepare for the law’s other provisions, including a new requirement that employees be notified of their right to disclose trade secrets as part of government investigations.

  • April 29, 2016

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    The IRS unleashes a $10,000-a-day penalty on advisers who don't flag tax shelter transactions, Congress makes trade secret theft a matter of federal law and the Federal Circuit ensures that the Eastern District of Texas' status as a patent litigation hot spot lives to see another day. Those stories top the news you may have missed last week.

  • April 29, 2016

    Groups Slam SEC’s In-House Court As Unconstitutional

    Four amici curiae filed briefs Friday with the D.C. Circuit arguing that the U.S. Securities and Exchange Commission’s in-house court is unconstitutional and saying that the agency improperly sanctioned Atlanta-based investment adviser Timbervest LLC.

  • April 28, 2016

    NLRB's Hirozawa Tapped For Another Term

    President Barack Obama has renominated National Labor Relations Board member Kent Y. Hirozawa to a five-year term expiring in 2021, the White House said in a Thursday statement that unveiled several nominations to other administration posts.

  • April 28, 2016

    Amazon's Liability For In-App Buys Weighs In FTC's Favor

    A federal judge on Tuesday sided with the Federal Trade Commission in finding Amazon liable for charging many customers for unauthorized in-app purchases made by their children, providing a significant boost to the commission's ability to police data collection and privacy practices that it deems to be unfair.

  • April 28, 2016

    Payment Card Security Standards Body Updates Rules

    The body that sets payment card security standards released updates to its rules Thursday that would require card administrators to use more than just a password to identify themselves when accessing sensitive cardholder data, whether or not they are working remotely.

  • April 28, 2016

    Objecting Uber Drivers Call $100M Settlement A 'Joke'

    Uber’s $100 million settlement of a pair of high-profile driver class actions in California has drawn opposition from a handful of drivers, including one who described the settlement as a “joke” and another who said Thursday that the ride-hailing service “control[s] us like puppets.”

  • April 28, 2016

    Ex-Toyota In-House Atty Can't Revive Malpractice Suit

    A California state appeals court on Wednesday refused to revive a suit in which a former in-house attorney for Toyota Motor Sales USA Inc. accused his own ex-lawyer of malpractice in his employment dispute with Toyota.

  • April 28, 2016

    Ex-HP Workers Want Atty DQ’d For Puffed Up Work History

    Two former Hewlett Packard employees suing for alleged job retaliation on Thursday urged a Nevada federal court to disqualify and sanction one of the company’s in-house attorneys, arguing the attorney made several misrepresentations to the court regarding her state of practice.

  • April 28, 2016

    3 Cost-Effective Cybersecurity Tips For Firms Big And Small

    Hackers and cybercriminals see all lawyers, not just the deepest-pocketed global law firms, as targets — a lesson one Texas solo learned when an attack on his firm sent malware to thousands — but experts say there are simple, cost-effective steps any firm can take to protect its reputation and data. Here, experts share ways all attorneys can shore up their online security.

  • April 28, 2016

    GAO Says SEC Still Lagging On Cybersecurity

    The Government Accountability Office on Thursday released a report finding that, while the U.S. Securities and Exchange Commission has fixed some flaws in information security, the agency still faces weaknesses that could threaten financial and personal information of companies and investors.

  • April 28, 2016

    House Votes To Block DOL ‘Fiduciary Rule’

    The U.S. House of Representatives on Thursday passed a resolution intended to block the U.S. Department of Labor’s contentious “fiduciary rule” from going into effect, as Labor Secretary Tom Perez claimed that the department is ready to defend the rule in court if needed.

  • April 28, 2016

    GM Names Deputy GC As New Chief Compliance Officer

    General Motors on Wednesday announced it has promoted its deputy general counsel for federal oversight to chief compliance officer, just months after he joined the automaker from Raytheon Integrated Defense Systems.

  • April 27, 2016

    22 Firms Win Top Marks From GCs On AFAs

    Twenty-two law firms are the cream of the crop when it comes to delivering alternative fee arrangements, according to a new report. Here’s what clients say sets them apart and how the firms say they make it work.

Expert Analysis

  • OPINION: Engaging The Media May Help Your Client

    Liz Mair

    While I am confident that the decisions in Windsor and Obergefell were made on the basis of the dictates of the Constitution, I am also confident that the communications efforts undertaken gave the justices additional comfort to make the right call, and ensured that these decisions were not treated as a Roe v. Wade redux, says Liz Mair, former online communications director for the Republican National Committee and president of Mair Strategies.

  • Leveraging In-House Attys' Reporting Obligations

    Michael W. Peregrine

    The Michigan Attorney Grievance Commission’s recent decision not to pursue six former General Motors in-house counsel for failure to disclose the safety risks of an alleged defective product provides a compelling platform from which boards and senior management can discuss the “reporting up” and “out” obligations of in-house counsel, and how those obligations can best support effective risk oversight practices, say Michael Peregrin... (continued)

  • Using The New Federal Rules To Rein In Discovery

    Martin J. Healy

    The 2015 amendments to the Federal Rules of Civil Procedure present a fertile opportunity for defendants to leverage the rules' renewed focus on reasonableness and proportionality to rein in rampant discovery abuse. Courts' application of the amended rules has already shown promise in this regard, say Martin Healy and Joseph Fanning of Sedgwick LLP.

  • Monitoring Employee Communications: A Brave New World

    Karla Grossenbacher

    Most employers are comfortable with the notion that, with a properly worded policy, they can access employee emails on a company-provided email server. However, what about situations where employees use web-based email, like Gmail or Hotmail, to communicate in the workplace? Using several recent cases as examples, Karla Grossenbacher at Seyfarth Shaw LLP examines an employer’s rights to access and review such communications.

  • Brokaw Act Could Broaden Change-Of-Control Triggers

    Laurent Alpert

    The recently introduced “Brokaw Act” proposes changes to the rules governing the reporting of ownership in U.S. public companies and would expand the definition of “beneficial owner.” But as the definition of ownership expands, the definition of change of control in many indentures may expand as well — sometimes in ways the drafters may not have anticipated, say Laurent Alpert and Robert Gruszecki of Cleary Gottlieb Steen & Hamilton LLP.

  • Dentons: A New Kind Of Network?

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    Dentons is two different law firm networks in one. So even if the Swiss verein structure should eventually fail and Dentons is forced to operate as a network of independent law firms, it could still be a significant market force, says Mark A. Cohen, a recovering civil trial lawyer and the founder of Legal Mosaic LLC.

  • From The Book Of Jargon: Tree

    In the latest excerpt from the "Book of Jargon," Michèle Penzer, managing partner of Latham & Watkins LLP's New York office, defines the finance term "tree."

  • A New Perspective On Seated Work For Calif. Employers

    Jason Brown

    In Kilby v. CVS Pharmacy, the California Supreme Court made three core holdings, but none tracked the arguments made by either the defendant or plaintiff in the case. The court instead adopted the conclusions of a case decided by the California Department of Labor Standards Enforcement, which shows how persuasive the DLSE is to the court on issues of statutory interpretation and application, says Jason Brown at Fisher & Phillips LLP.

  • A Victory For SOX Whistleblowers In Recent DOL Decision

    Debra Katz

    A recent decision from the U.S. Department of Labor's administrative review board in Dietz v. Cypress ultimately strengthens protections for whistleblowers at publicly traded companies. The language about protected activity and constructive discharge in this decision could form useful tools for whistleblowers and their counsel in years to come, say Debra Katz and Matthew LaGarde at Katz Marshall & Banks LLP.

  • A Summer Storm Brews In Anticipation Of DOL Overtime Rule

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    If the U.S. Department of Labor's controversial overtime regulations are eventually enacted, it's estimated they could cost employers more than $1 billion annually. But even though the approaching changes are disconcerting for employers across all industries, they do offer an ideal opportunity to address any existing misclassification issues, says Janet Hendrick at Fisher & Phillips LLP.