• May 21, 2015

    USCIS Clarifies Simeio Rule On H-1Bs For Relocated Workers

    U.S. Citizenship and Immigration Services issued guidance Thursday on a new Administrative Appeals Office decision requiring an updated H-1B petition when a foreign worker changes locations, clarifying that an amendment isn’t necessary when an employee moves within a metropolitan statistical area.

  • May 21, 2015

    McDonnell Douglas Test Still Valid For Title VII, 4th Circ. Says

    A landmark 2013 U.S. Supreme Court decision on Title VII retaliation claims does not retire McDonnell Douglas v. Green, a previous high court decision that set precedent for how to adjudicate the issues, the Fourth Circuit concluded Thursday.

  • May 21, 2015

    RadioShack Deal Sets Standard For Consumer Data Transfers

    Bankrupt RadioShack Corp. has agreed to severely limit its sale of customer data in order to resolve privacy concerns raised by 38 state attorneys general, setting a bar that businesses will need to meet in order to avoid regulatory scrutiny of future customer data transfers.

  • May 21, 2015

    Whole Foods Hit With National Origin Bias Suit

    A former deli counter attendant for Whole Foods Market filed suit against the grocery store on Thursday in Pennsylvania federal court alleging that she was terminated because of her Serbian national origin, gender and age.

  • May 21, 2015

    Dollar General Rips Rulings In EEOC Background Check Suit

    Dollar General said Wednesday that the Chicago federal court overseeing a U.S. Equal Employment Opportunity Commission race bias case over the discount retailer's criminal background check policy erred by not forcing the EEOC to fork over information on its own use of background checks. 

  • May 21, 2015

    Calif. High Court To Hear Hospital Workers' Meal-Break Suit

    The California Supreme Court agreed Wednesday to hear a dispute over whether an Industrial Welfare Commission order allowing health care workers to waive a meal period on long shifts conflicts with laws forbidding the practice, in a wage suit against an Orange County hospital.

  • May 21, 2015

    Merkel Calls For US-EU Trade Framework By Year End

    German Chancellor Angela Merkel reiterated the country’s commitment to a proposed U.S.-European Union trade pact on Thursday, telling the Bundestag that Europe aims to nail down the framework for the deal by the end of 2015.

  • May 21, 2015

    IRS Head Atty Vows To Fight Large Cases Amid Cutbacks

    Internal Revenue Service Chief Counsel William J. Wilkins on Thursday said despite the budgetary constraints facing the agency and his office, the IRS and the U.S. Department of Justice will continue to find the resources to litigate the largest tax cases.

  • May 21, 2015

    Senate Moves One Step Closer To 'Fast-Track' Passage

    The U.S. Senate voted Thursday to set an end to debate on a bill to revive the White House's Trade Promotion Authority, following a hold-up mainly caused by disputes on proposed amendments regarding foreign currency manipulation and Export-Import Bank reauthorization, setting up a possible final vote for Friday.

  • May 20, 2015

    CareFirst Says Data Breach Exposed 1.1M Customers' Info

    CareFirst BlueCross BlueShield revealed Wednesday it was the target of a cyberattack that allowed hackers to gain access to personal information for 1.1 million plan members of the Maryland-based health insurance provider.

  • May 20, 2015

    FCC To Keep Enforcing Privacy Rules Post-Net Neutrality

    The Federal Communications Commission will continue to enforce on broadband Internet carriers the privacy protections outlined in the Communications Act after its hotly debated Open Internet Order goes into effect next month, the commission said in an enforcement advisory Wednesday.

  • May 20, 2015

    Immigration Bill Roundup: Religious Workers & Taxes

    Lawmakers introduced a slew of immigration-related bills in about the last week, including a bill that would make a special religious worker program permanent, and legislation aimed at blocking immigrants without legal permission to be in the U.S. from claiming a child tax credit.

  • May 20, 2015

    Calif. Appeals Court OKs Levi Strauss Email Program

    A California appeals court on Tuesday affirmed denial of class certification in a lawsuit alleging Levi Strauss & Co. unlawfully requested email addresses during credit card purchases, deciding the customer couldn't prove the personal information was a condition of the purchase.

  • May 20, 2015

    5 Tips For Employers Worried About FCRA Class Actions

    Fair Credit Reporting Act class actions against employers that use background checks to vet job applicants or employees have surged in recent years, a trend fueled by the statute's plaintiff-friendly features and multimillion-dollar settlements from big-name companies. Here, lawyers lay out five tips for companies that want to avoid getting swamped by the wave of FCRA lawsuits.

  • May 20, 2015

    Data Breach Cost Home Depot $7M In 1st Quarter Of 2015

    The Home Depot Inc. paid $7 million in costs related to a September data breach in the first quarter of 2015, the company said on Tuesday, adding to the $33 million it reported spending on costs related to the breach last year.

  • May 19, 2015

    LA Latest, Largest City To Move To $15 Minimum Wage

    The Los Angeles City Council on Tuesday made America’s second-largest city the latest to move towards a $15 per hour minimum wage, giving initial approval to a proposal that would require businesses to hit the new wage standard by 2020 and includes automatic upward adjustments afterward.

  • May 19, 2015

    EEOC Chief Defends Enforcement Practices At Senate Hearing

    Top U.S. Equal Employment Opportunity Commission officials on Tuesday defended the watchdog's enforcement practices against criticism over a backlog of complaints and high-profile losses, telling a Senate panel that the agency focuses on resolving matters before litigation and pursuing cases that best curb discriminatory practices.

  • May 18, 2015

    TCPA Row Gives Justices Chance To Pare Class Actions

    The U.S. Supreme Court on Monday agreed to weigh in on whether businesses that are sued under the Telephone Consumer Protection Act can head off costly litigation by making a settlement offer to individual plaintiffs, a decision that could help reduce swelling class action dockets.

  • May 18, 2015

    Building Co. Hit With Record ERISA Fine Over Hidden Pension

    A Bronx-based construction company agreed in New York federal court on Monday to pay $11 million, including record-setting Employee Retirement Income Security Act penalties, to settle a class action alleging the company hid the existence of a pension plan from hundreds of employees for more than a decade while its principals reaped benefits.

  • May 18, 2015

    High Court Ruling Leaves Confusion Over 401(k) Monitoring

    The U.S. Supreme Court’s decision in a case accusing Edison International of imprudently investing its workers’ 401(k) funds has made clear that plan fiduciaries have to monitor plans continuously, but attorneys say the court wasn’t specific enough about what that obligation actually entails.

Expert Analysis

  • Calif. Sings A Song Of Song-Beverly Developments

    Stephanie A. Sheridan

    Although Harrold v. Levi Strauss & Co. and Davis v. Devanlay are similar — both involving a request for information made after a customer’s credit card was swiped — they differ in a significant way. While Davis is largely focused on whether the Song-Beverly Credit Card Act imposes a consumer perception test, the issue in Harrold was whether any request after the transaction is completed would violate the law, say Stephanie Sheridan... (continued)

  • DOJ Is Trying To Show Benefits Of Corporate Cooperation

    Ryan Rohlfsen

    Recent Foreign Corrupt Practices Act cases and commentary from U.S. Department of Justice officials illustrate possible costs, benefits and pitfalls in the disclosure and cooperation calculation, say Ryan Rohlfsen and David Nordsieck of Ropes & Gray LLP.

  • How Cybercriminals Are Targeting Corporate Transactions

    Brent J. McIntosh

    Cybercriminals are increasingly deploying clever schemes to exploit company executives and their advisers in connection with corporate transactions, including financing transactions and mergers and acquisitions. These sophisticated schemes include emails that provide a closing or a litigation settlement that would seem wholly legitimate to the recipient, say Brent McIntosh and Judson Littleton of Sullivan & Cromwell LLP.

  • Lobbying The EU: New Requirements For A 'Voluntary' Regime

    Charles Borden

    While parties that lobby in the United States are generally subject to mandatory lobbyist registration and reporting obligations at every level of government, parties that lobby European Union institutions traditionally have only been subject to a “voluntary” registration and disclosure regime. That gap now appears to be closing, say attorneys with Allen & Overy LLP.

  • 10 Corporate Culture Lessons From Deutsche Bank

    Betsy P. Collins

    Regulators blamed Deutsche Bank's Libor-related misconduct on the culture within the bank, whose unsecured and permissive business model allowed egregious and pervasive misconduct to thrive. Fixing a broken corporate culture is hard and painful, and regaining a lost reputation for integrity is virtually impossible, say Betsy Collins and Mignon Lunsford of Burr & Forman LLP.

  • OPINION: Pro Bono Lawyers Can Close Debtors' Prisons

    Lisa W. Borden

    The damning U.S. Department of Justice report on municipal court practices in Ferguson, Missouri, recently put a spotlight on the re-emergence of debtors' prisons. These practices are by no means limited to Ferguson. As tax revenue and other sources of operating income have declined, many cities and towns throughout the country have looked to municipal court operations as a primary source of revenue, says Lisa Borden of the Associa... (continued)

  • 5 Takeaways From The First Cyberinsurance Case

    Roberta Anderson

    Travelers Property Casualty Company of America v. Federal Recovery Services Inc., which is being widely celebrated as one of the first coverage rulings involving a cyberinsurance policy, does not actually involve specific cyber coverage issues. Nonetheless, it carries some important takeaways for insureds, insurers and many other interested spectators, says Roberta Anderson of K&L Gates LLP.

  • This Week In Congress: Infrastructure, Privacy And Trade

    Richard A. Hertling

    This week, the heavy lifting on the Trade Promotion Authority bill is on the Senate's agenda. Majority Leader Mitch McConnell has promised an open amendment process, and amendments are already pending. The legislation reflects bipartisan compromise of the kind that was in short supply in recent years in the Senate. But challenges for the bill remain in the House, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • FCA Threats Are Likely Greatest Outside The Fortune 100

    Joseph D. Jean

    While very large settlements involving Fortune 100 companies grab the most headlines, they tend to draw attention away from the significant number of False Claims Act suits brought against private and middle-market companies. Even though these smaller amounts are not nearly as eye-popping, they could represent a greater financial risk on a relative basis, say Jeffrey Kiburtz and Joseph Jean of Pillsbury Winthrop Shaw Pittman LLP.

  • How 'Proxy Puts' Are Triggering D&O Litigation

    Kevin M. LaCroix

    In recent months, plaintiffs lawyers have filed as many as 10 lawsuits against corporate boards and their company’s lenders, seeking to challenge a particular type of provision found in many corporate borrowers' loan agreements — known as “proxy puts.” These developments should be of concern to directors and officers insurance underwriters, says Kevin LaCroix of RT ProExec.