• February 12, 2016

    In-House Attys Report Liking Jobs, But Want More Control

    In-house lawyers report high job satisfaction but crave the career control and certainty more common at law firms — and they’re definitely not in it for the money, according to a new survey.

  • February 12, 2016

    Split 9th Circ. Won't Revive Whistleblower's Retaliation Claim

    The Ninth Circuit on Friday, in a split decision, refused to revive a whistleblower's claim accusing Energy Northwest of unlawfully firing him for complaining about management's alleged inaction over a safety report at the Washington state utility's nuclear power plant.

  • February 12, 2016

    GC Cheat Sheet: The Weekly Top 5

    The U.S. Supreme Court put a carbon-slashing plan on hold, the Federal Circuit delivered two key patent decisions and the American Bar Association tackled the rise of nonlawyer legal service providers. Those stories top the list of the corporate legal news you may have missed last week.

  • February 12, 2016

    6 Ways Employers Can Dump Office Romance Worries

    In February, Cupid's arrows often hit workplace colleagues, but if the blush of new romance fades after Valentine's Day, employers can be left with heartache that goes beyond hurt feelings and dips into legal trouble. Here, Law360 looks at six steps employers can take to avoid liability in case an office liaison goes sour.

  • February 12, 2016

    EU Regulators Unveil Plan For Run-Up To New Privacy Regime

    Europe’s privacy regulators on Thursday detailed what they plan to do over the next year to prepare for the looming implementation of the game-changing general data protection regulation, with their priorities including setting up a new advisory board and issuing guidance on relevant topics to businesses.

  • February 12, 2016

    7th Circ. Mulls Class Waivers In Employee's OT Suit

    The Seventh Circuit was asked to weigh in Friday on the hot-button issue of class waivers in arbitration agreements, with the National Labor Relations Board urging the appellate court to prevent a health care software company from blocking its employees from bringing unpaid overtime claims as a class.

  • February 12, 2016

    Gawker Says 2nd Circ. Intern Change Doesn't Help Wage Row

    Gawker said Thursday its arguments against a proposed class action from former interns who claim they should have been paid for revenue-producing content still hold true, even after recent changes the Second Circuit made to its landmark ruling on unpaid internships.

  • February 12, 2016

    Arbitration Kills Worker Status Suits: Uber Drivers’ Atty

    Workers fighting against misclassification are being unfairly thwarted by pervasive mandatory arbitration agreements, Shannon Liss-Riordan, the attorney representing Uber drivers challenging classification as independent contractors, told Law360 in an exclusive interview.

  • February 12, 2016

    Data 'Privacy Shield' Spurs Need For Cybersecurity Coverage

    The new data transfer mechanism recently agreed to by European and U.S. officials will have companies closely scrutinizing their insurance policies to ensure they will be protected against legal exposure from the heightened cybersecurity requirements and could spur insurers to roll out new products to fill gaps in coverage, experts say.

  • February 12, 2016

    EU Denies Bias Against US Companies In Tax Probes

    The European Commission refuted suggestions from U.S. Treasury Secretary Jacob Lew that it is disproportionately targeting American corporations in tax investigations, saying in an email to Law360 on Friday that it has “absolutely no bias” against U.S. companies.

  • February 11, 2016

    $12M Lyft Driver Deal Faces Tough Questions From Judge

    Lyft Inc. and a proposed class of drivers suing the ride-hailing service must clarify a few points of their proposed $12 million settlement after a California federal judge on Thursday questioned whether a provision refusing to classify the workers as employees defies the suit’s purpose.

  • February 11, 2016

    4 Lessons From Fed. Circ.'s Nike Patent Amendment Ruling

    A Federal Circuit decision Thursday ordering the Patent Trial and Appeal Board to reconsider its denial of Nike's motion to amend its patent in America Invents Act review is a first for the court and provides guidance for patent owners on how to appeal such denials. Here are four things attorneys can learn from the opinion.

  • February 11, 2016

    Apple’s Aggressive Stance At PTAB Is Paying Off

    Apple launched the most America Invents Act review petitions at the Patent Trial and Appeal Board last year compared to other petitioners, a strategy that experts say is giving the tech giant greater leverage in patent infringement fights and setting it up to play a starring role in shaping the law underlying the validity disputes.

  • February 11, 2016

    Siblings Slam Bard's Bid To Escape Hernia Patch Death Suit

    Two siblings who say their mother’s death from sepsis was caused by an allegedly defective C.R. Bard hernia patch on Thursday told the Rhode Island judge presiding over the multidistrict litigation that their disabled brother can recoup damages under Indiana’s wrongful death law.

  • February 11, 2016

    Congress Aims To Convert EU Skeptics With New Privacy Law

    The U.S. House of Representatives on Wednesday sent to the president’s desk legislation that will give European Union citizens the right to sue the U.S. government for alleged privacy violations, a modest olive branch that jump-starts the process of rebuilding confidence that data moving across the Atlantic is secure.

  • February 11, 2016

    Treasury Presses EU To Stop Tax Probes Into US Companies

    U.S. Treasury Secretary Jacob Lew ramped up pressure on the European Union Thursday to halt unilateral investigations into American corporations that have cut tax deals with its member countries, saying the probes are disproportionately targeting U.S. companies and could deter direct foreign investment.

  • February 11, 2016

    Fed. Circ. Gives Nike New Shot At AIA Shoe Patent Amendment

    The Federal Circuit ordered the Patent Trial and Appeal Board on Thursday to reconsider a decision denying Nike’s motion to amend a footwear patent in an inter partes review, giving the company another chance to save part of its patent from a challenge by rival Adidas.

  • February 11, 2016

    NJ Senate Passes Equal Pay Legislation

    The New Jersey Senate on Thursday passed what supporters are hailing as new tools to battle the pay gap between men and women, including a bigger net for recovering back pay as part of a discrimination claim and explicit protections against unequal wages.

  • February 11, 2016

    SEC To Confront Post-Newman World In IBM Stock Tip Trial

    A jury trial set to begin Tuesday in a U.S. Securities and Exchange Commission insider trading case stemming from a $1.2 billion IBM acquisition could offer clues on how the agency will litigate stock-tipping cases after the Second Circuit's Newman decision, attorneys say.

  • February 11, 2016

    Workplace Discrimination Claims Up In 2015, EEOC Says

    The number of discrimination charges filed with the U.S. Equal Employment Opportunity Commission in 2015 rebounded slightly after a near decade low the year before, and retaliation claims continue to be workers’ leading concern, the EEOC said on Thursday.

Expert Analysis

  • Additional Thoughts On Class Plaintiff 'Pick-Offs'

    Fred T. Isquith

    There are those who have suggested that the U.S. Supreme Court in Campbell-Ewald v. Gomez left plenty of room for a defendant to “pick off” a plaintiff. Not so, according to Eastern District of New York Judge Sandra Feuerstein's decision in Brady v. Basic Research, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.

  • Declawing The Cat’s Paw Doctrine In Discrimination Cases

    Joanne Alnajjar Buser

    Since the U.S. Supreme Court's decision in Staub v. Proctor Hospital, which endorsed the cat’s paw doctrine in employment discrimination cases, several important questions have developed. Joanne Alnajjar Buser of Paul Plevin Sullivan & Connaughton LLP examines these issues and explains how employers can avoid getting tangled in a cat’s cradle.

  • Amended Rule 26’s Proportionality Standard: The First 60 Days

    Gregory Brown

    While the removal of the familiar “reasonably calculated to lead to the discovery of admissible evidence” standard suggests a departure from prior practice, the first opinions from the federal courts implementing amended Federal Rule of Civil Procedure 26(b)(1) suggest otherwise, says Gregory Brown of Kaufman Dolowich & Voluck LLP.

  • The Burgeoning Bulletin Boards Of Federal Contractors

    Jon A. Geier

    The final regulations implementing Obama's pay secrecy order became effective on Jan. 11, 2016, which means federal contractors now face new posting and notice requirements, adding to a growing body of similar obligations that have steadily accumulated over the years, say Jon Geier and Blake Bertagna of Paul Hastings LLP.

  • Employer Tips For Handling Office Romances

    Robert Dolinko

    While some office romances end unremarkably, others could form the basis for sexual harassment lawsuits with the potential to cost employers millions of dollars. With Valentine's Day approaching, there's no better time of year for employers to be proactive about mitigating the potential liability, disruption or embarrassment that can arise from sexual harassment claims, say attorneys at Nixon Peabody LLP.

  • How Does Skadden Stay No. 1?

    Elizabeth Duffy

    Analyzing the reasons why clients choose certain firms reveals a great deal about what is important and valued in the marketplace. Based on interviews with a random sample of over 600 heads of legal in the largest U.S. organizations, Elizabeth Duffy, vice president of Acritas US Inc., identifies the core brand drivers of Skadden Arps Slate Meagher & Flom LLP.

  • Interpreting EEOC’s Equal Pay Data Statistical Tests

    Gurkan Ay, Ph.D.

    The statistical tests identified in the U.S. Equal Employment Opportunity Commission's new EEO-1 proposal are not designed to measure a true pay gap as much as they are to flag certain jobs or companies where there may be an issue for potential action. Employers’ most conservative response should be to estimate these statistics using their own data so that they are cognizant of pay gaps that may require attention, say economists at... (continued)

  • OPINION: The Road To Partnership Must Keep Evolving

    Daniel L. Butcher

    In a recent Law360 article it was suggested that promotion to partner was a competition between associates and that taking maternity, paternity or family medical leave could impact an associate's chances at promotion. But this sort of ethos — which may have contributed to law firms’ success in the past — is not the best way to secure the industry's future, says Daniel Butcher, managing partner of Strasburger & Price LLP.

  • Why 'Upwards Bullying' Could Be A Concern For US Employers

    Ricardo Granderson

    "Upwards bullying" — when a subordinate or staff member targets, threats, intimidates or sabotages a manager or supervisor — may be an increasing trend in the U.K. and Australia. But with an "at-will" doctrine in place, could the same happen in the U.S.? Ricardo Granderson, principal and founder of The Granderson Group explains why and how it could become an issue for U.S. employers.

  • The Economics Of Independent Contractors

    Charles Diamond, Ph.D.

    Lawsuits challenging independent contractor status pose several interesting questions: What is the economic rationale for independent contractors? What is an independent contractor versus an employee? Are independent contractors losing economic benefits due to misclassification? Experts at Charles River Associates explore the answers to these questions from an economic standpoint.