• September 4, 2015

    7th Circ. Upholds NLRB Ruling Against AutoNation

    The Seventh Circuit on Friday upheld a National Labor Relations Board ruling that found car dealership giant AutoNation Inc. violated the National Labor Relations Act because in 2011 its then-associate general counsel attempted to block union activity at an Illinois Toyota dealership.

  • September 4, 2015

    Nearly 200K Comments Show Great Divide Over DOL's OT Rule

    As the 60-day comment period closed Friday for the U.S. Department of Labor’s controversial overtime changes, the nearly 200,000 comments underscore the sharp divide in opinion on the proposed rule that some say will bury businesses in costs while others argue it will help workers who have long been underpaid.

  • September 4, 2015

    Brand Battles: Lego, Microsoft, LG, Adidas

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Lego goes after a toy company over its bid to register a "brick"-related mark, Microsoft takes exception to LG's "WinOZ" application, and Adidas continues its three-stripe trademark offensive.

  • September 4, 2015

    3rd Circ. Says Blogging Teacher Can't Sue Over Firing

    The Third Circuit on Friday ruled that a former Pennsylvania high school English teacher cannot sue her school district for firing her after she made derogatory comments about students on her personal blog, upholding a federal district court ruling that ended her First Amendment suit.

  • September 4, 2015

    Tax Legislation To Watch In The End Of 2015

    While Congress has much on its plate when it returns from summer break this week, lawmakers will have to find time to address some some major tax bills before the end of the year. Here, Law360 examines tax legislation to watch for in the remainder of 2015.

  • September 4, 2015

    USTR Lays Out Progress Made At Maui TPP Session

    The U.S. Trade Representative on Thursday outlined progress made at a recent session in Maui, Hawaii, to wrap up the landmark 12-nation Trans-Pacific Partnership, painting an optimistic picture of the pact’s prospects and achievements in areas such as intellectual property, labor and environmental protections. 

  • September 4, 2015

    'Onionhead' Not A Religion, Co. Insists In EEOC Bias Suit

    A belief system called “Onionhead” that allegedly led to workers being required to tell one another “I love you” and is at the heart of a U.S. Equal Employment Opportunity Commission religious bias suit isn't actually a religion, defendant United Health Programs of America Inc. insisted on Thursday in a New York court.

  • September 4, 2015

    EU Disclosures Could Complicate TTIP Negotiations

    The European Union, in an attempt to stem the persistent accusations of secrecy in the Transatlantic Trade and Investment Partnership negotiations with the U.S., has taken the highly unusual step of publishing its full negotiating proposals, a move that experts say could complicate the already precarious talks.

  • September 3, 2015

    NLRB Will Allow Electronic Signatures In Petition Elections

    The National Labor Relations Board’s general counsel announced Tuesday that effective immediately, the standards the agency has applied to handwritten signatures apply equally to electronic signatures, opening the door for unions to use electronic signatures to show interest for union representation elections.

  • September 3, 2015

    Ex-Tesla Worker Charged With Intruding On Manager's Email

    A former Tesla Motors Inc. mechanical engineer has been charged in California federal court with felony computer intrusion after allegedly accessing his manager’s email and subsequently posting a confidential customer complaint and false and disparaging remarks about the electric car company, the FBI announced Thursday.

  • September 3, 2015

    EEOC Says Applebee's Case Supports CVS Pact Suit

    The Equal Employment Opportunity Commission, in its bid to revive its suit over CVS Pharmacy Inc.’s separation agreements, on Thursday highlighted for the Seventh Circuit a ruling in a similar suit against an Applebee's franchisee that supports its ability to bypass pre-suit conciliation in its challenge of the pacts.

  • September 3, 2015

    Sen. Flags Possible Changes To Criticized Anti-Hacking Law

    Sen. John Thune, R-S.D., signaled Thursday that the Senate may explore changes to the much-criticized Computer Fraud and Abuse Act, after cybersecurity experts argued restrictions in the bill were hampering researchers’ efforts to find and report digital security holes.

  • September 3, 2015

    Judge Rejects $3M CVS Wage Settlement With Pharmacists

    A California federal judge has denied approval of a nearly $3 million settlement between CVS Pharmacy Inc. and a proposed class of pharmacists claiming they were denied overtime wages, over concerns the settlement amount is too low.

  • September 3, 2015

    Chamber Fights FCC's Autodialer Rule In DC Circ.

    The U.S. Chamber of Commerce launched a D.C. Circuit challenge Wednesday to the Federal Communications Commission’s order expanding the Telephone Consumer Protection Act to prohibit using an autodialing system, saying it was arbitrarily overbroad.

  • September 3, 2015

    Calif. Jury Clears UCLA In $1.25M Medical Data Breach Suit

    The University of California, Los Angeles Health System was not responsible for the unauthorized release of a woman’s medical records by a romantic rival, a California jury decided Thursday, rejecting her lawyer’s arguments that the victim was due $1.25 million for emotional harm caused by the breach.

  • September 3, 2015

    Judge Koh OKs $415M Google, Apple Anti-Poaching Deal

    U.S. District Judge Lucy H. Koh approved a $415 million class action settlement with Apple Inc., Google Inc. and others Wednesday resolving claims they illegally agreed not to poach each other’s engineers, but gave the plaintiffs just half of the $81 million in attorneys' fees they had requested.

  • September 2, 2015

    Sony Settling Employees' 'Interview' Breach Class Action

    Sony Pictures Entertainment Inc. is settling a proposed class action by former employees claiming its negligence caused a massive data breach allegedly carried out by North Korean hackers in retaliation for “The Interview,” according to a Wednesday filing in California federal court.

  • September 2, 2015

    DOL Asks DC Circ. For Quick Approval Of Home Care Rule

    The U.S. Department of Labor on Tuesday asked the D.C. Circuit to expedite its mandate approving of the agency’s rule extending overtime and minimum-wage protections to most home-care workers, saying there’s no reason to pause implementation even in the face of a potential high-court review.

  • September 2, 2015

    US Senator Backs Repeal Of Country-Of-Origin Labeling

    The senior senator from Arkansas is urging his colleagues to repeal the decade-old country-of-origin labeling rule that could see Mexico and Canada hit the U.S. with $3 billion in sanctions, saying on Wednesday that he fears the impact the rule could have on his home state’s agricultural industry.

  • September 2, 2015

    White House Seeks Input On 3-Year IP Enforcement Plan

    The Obama administration is seeking input on the best ways to protect intellectual property rights as it pens a new three-year strategic plan to coordinate the regulatory and enforcement agendas across the federal government, the White House said Tuesday.

Expert Analysis

  • Will SEC's Broad Definition Of 'Whistleblower' Prevail?

    Lloyd B. Chinn

    The question that remains to be answered is whether courts, particularly circuit courts, will adopt the U.S. Securities and Exchange Commission’s recent interpretative guidance regarding the scope of the Dodd-Frank Act's employment retaliation protections. In the absence of Chevron deference, the interpretative rule may be afforded a lower level of deference, or no deference at all, say Lloyd Chinn and Noa Baddish of Proskauer Rose LLP.

  • 3 Things To Know About Russia’s New Data Localization Law

    Alla Y. Naglis

    Russia’s new Data Localization Law creates uncertainty for companies that do business with Russian citizens in the Russian Federation and could increase the cost of selling goods and services to Russian citizens, say attorneys at King & Spalding LLP.

  • Top 10 Steps When Responding To A Disaster


    In contrast to routine litigation, crises — such as environmental disasters, violent criminal or terrorist acts, explosions, corporate scandals or computer crimes — involve issues and follow timelines that are difficult to foresee. Even though every crisis is unique, there are 10 steps you can take to help mitigate damage and stabilize the situation, say Otway Denny and Jessica Farley of Norton Rose Fulbright US LLP.

  • The Tension Between Corporate Opportunity And Innovation

    Michael W. Peregrine

    In AngioScore v. TriReme Medical the district court for the Northern District of California articulates the principles of the corporate opportunity doctrine in a manner that should serve as a valuable resource for general counsel to life sciences companies, academic medical centers and other entities that often seek to commercialize health-related technology, says Michael Peregrine at McDermott Will & Emery LLP.

  • Dole Ruling Warns Not To Undermine MFW Protections

    Gregory Markel

    The $148 million in damages levied last week against Dole Food Co. Inc. CEO David Murdock and former general counsel C. Michael Carter emphasizes that controlling stockholder transactions that employ the dual procedural protections set out in MFW must actually adhere to the substance and purpose of those protections, say attorneys with Cadwalader Wickersham & Taft LLP.

  • The High Court's Key Jurisdiction Question In Manning

    Matthew Tobin

    The circuits are divided on whether federal jurisdiction can be grounded in the first instance on Section 27 of the Securities Exchange Act, which states that federal courts “shall have exclusive jurisdiction” of violations arising under the act’s regulations. The resolution of this issue by the U.S. Supreme Court in Manning v. Merrill Lynch Pierce Fenner & Smith Inc. stands to affect not just Exchange Act claims, say Matthew Tobin... (continued)

  • Rules Of The Road For Directors Serving Two Masters

    Diane Holt Frankle

    Constituency directors may have day jobs as employees of the private equity firm, parent corporation, activist hedge fund, lender or union that designated them for the board seat they now hold. If so, such directors owe separate duties to their employer. Kaye Scholer LLP partner Diane Holt Frankle takes an in-depth look at the issues constituency directors should keep in mind and the standards that apply to them.

  • Is There 'Credible Information' Of A CTIPs Violation?


    Compliance officers and attorneys need to develop a working understanding of “credible information” as used in the Federal Acquisition Regulation Combating Trafficking in Persons clause. Unlike other terms, “credible information” is not a precise legal term. There is also an inconsistency within the FAR, says Robert Stamps, special counsel for Afghanistan at Fluor Intercontinental Inc.

  • Tips For Responding To An FTC Subpoena

    Julie A. Flaming

    A subpoena from the Federal Trade Commission can be unnerving and may appear daunting in the scope of its requests. Negotiations with the FTC regarding scope of discovery, time frames and even format of production can assist in reducing the burden for companies, say Julie Flaming and Katie Smith of Nelson Mullins Riley & Scarborough LLP.

  • Inside DOD's Interim Rule On Cloud Cybersecurity

    Lawrence Prosen

    As the sophistication of cyber incidents increases and the security of government-protected data gains ever heightened stance, it is key that we continue to develop stronger regulations and protections. The U.S. Department of Defense interim rule relating to DOD-contracted cloud computing services is a good next step — but it is only a step on an undoubtedly long road, says Lawrence Prosen of Thompson Hine LLP.