Corporate

  • July 2, 2015

    Immigration Cases To Watch In The Second Half Of 2015

    High-profile immigration cases are percolating across the board, with a new fight over the EB-5 immigrant investor program, challenges to H-2B and H-4 visa regulations, and the executive action brawl at the Fifth Circuit set for 2015 action. To help keep track of it all, Law360 rounds up the cases to watch in the next few months.

  • July 2, 2015

    Whole Foods Admits To Overcharging NYC Customers

    Whole Foods Market Inc. admitted Thursday that some shoppers have been overcharged for foods that are prepared in its stores after the New York City Department of Consumer Affairs announced last month that an audit revealed improper pricing.

  • July 2, 2015

    2nd Circ.'s Fox, Hearst Rulings Won't Kill Intern Wage Suits

    The Second Circuit's rulings Thursday in intern wage cases against the Hearst Corp. and Fox Entertainment Group Inc. broke new ground, but while some see the decisions as a big win for companies, the appeals court hasn't slammed the door on suits seeking pay for former interns, lawyers say.

  • July 2, 2015

    Apple Store Employees Renew Cert. Bid In Bag-Check Suit

    Apple Inc. retail employees who claim they weren't paid for time spent undergoing required bag and technology checks renewed their bid for class certification in California federal court Thursday, arguing that the fact that they were all subject to Apple's inspection policy creates a common question.

  • July 2, 2015

    Chipotle Must Face Workers' Comp Class Action: Calif. Court

    A California appeals court has revived a putative class action accusing Chipotle Mexican Grill Inc. of improperly using indirect employee payments to lower its premiums for workers' compensation, saying the chain violated state labor laws with the practice.

  • July 2, 2015

    OSHA Upholds Co's Liability In Murder Of Fla. Health Worker

    A judge for the federal Occupational Safety and Health Administration Review Commission has affirmed investigators' finding that Integra Health Management failed to protect a Florida employee who was murdered in 2012 by a client with a history of severe mental illness and criminal violence.

  • July 2, 2015

    Domino's Successfully Pushes Wage Row Into Arbitration

    A California state appeals court on Wednesday ruled that former employees of two Domino’s Pizza franchises whose proposed class action alleges failure to pay split shift premiums and other wages had to resolve their claims in arbitration.

  • July 2, 2015

    4 Cyberinsurance Battlegrounds To Watch

    Columbia Casualty Co.'s attempt to bar coverage for a data breach due to a policyholder's alleged lax security is one of several developments that has experts predicting more coverage disputes over issues including inadequate safeguards, terrorism and third-party responsibility. Here, Law360 examines four key battlegrounds in cyberinsurance litigation.

  • July 2, 2015

    Fox, Hearst Intern Classes Shot Down At 2nd Circ.

    The Second Circuit overturned a trial court decision Thursday that granted class and conditional collective action certification to a former unpaid intern in a wage case against Fox Entertainment Group Inc. and upheld a ruling that denied certification in another intern case against the Hearst Corp.

  • July 1, 2015

    5 Tips Every Co. Should Know About Calif.’s Sick Leave Law

    With California’s paid sick leave mandate taking effect Wednesday, employers need to think carefully about how they provide and track employee sick days and when they deny a request for leave, or risk administrative fines and retaliation claims, according to lawyers. Here, attorneys offer five tips to make sure employers are following the new state law.

  • July 1, 2015

    SEC Clawback Plan To Create Enforcement Nightmares

    In newly unveiled plans to force public companies to recoup executive pay after a restatement, the U.S. Securities and Exchange Commission would force companies to overhaul their current clawback procedures while placing them in a quandary over how to enforce the stiff measures.

  • July 1, 2015

    Disney Cuts Deal With 4,500 Ex-Workers Over Vacation Pay

    A California judge on Wednesday approved a deal by two units of The Walt Disney Co. ending putative class actions alleging 4,500 resort and theme park workers lost out when the companies miscalculated how much vacation pay exiting workers were owed.

  • July 1, 2015

    Top 15 High Court Employment Rulings Of The Past 15 Years

    The U.S. Supreme Court has handed down a bevy of opinions in labor and employment cases since 2000, tackling everything from the nuances of discrimination law to class action requirements to the validity of presidential recess appointments and underscoring the significance of workplace law to the American economy. Here, Law360 ranks the top 15 high court employment decisions from the past 15 years.

  • July 1, 2015

    NLRB Expands Union Access To Employee Witness Statements

    The National Labor Relations Board has decided to adopt a new standard for a union’s access to an employer’s witness statements, nixing a blanket exemption on mandatory disclosure in favor of a more nuanced approach that assesses an employer’s confidentiality interests.

  • July 1, 2015

    Ex-Sony Employees Seek Class Cert. In 'Interview' Row

    Former Sony Pictures Entertainment Inc. employees sought class certification Tuesday in their California federal suit claiming its negligence caused a massive data breach, purportedly carried out by North Korean hackers in retaliation for a movie in which Kim Jong Un is assassinated.

  • July 1, 2015

    Delaware's 2015 Dominated By Fee-Shifting Fervor

    The first half of 2015 was eventful in Delaware, with a battle over fee-shifting in shareholder litigation boiling over from the courts to the capitol, the Delaware Supreme Court limiting suits against independent directors, and a former state high court justice joining a powerhouse firm. Here, Law360 runs down the major developments of the first half of the year and looks ahead to how they might continue to play out.

  • July 1, 2015

    EEOC Designates New Chiefs For Chicago, SF Districts

    The U.S. Equal Employment Opportunity Commission has tapped two longtime agency attorneys to take charge of the agency's district offices in Chicago and San Francisco, EEOC chair Jenny R. Yang has announced. 

  • July 1, 2015

    The Biggest Employment Cases Of 2015: Midyear Report

    With 2015 halfway done, the employment litigation landscape has already seen several big decisions in the appellate courts, from a Second Circuit ruling on the limits of class certification to the Colorado Supreme Court’s decision about firing a worker who used medical marijuana. Here, Law360 takes a look back at the key 2015 decisions employment attorneys need to know.

  • July 1, 2015

    SEC Proposes Stiff New Exec Pay Clawback Measures

    A divided U.S. Securities and Exchange Commission on Wednesday proposed stiff new requirements that would require publicly traded companies to claw back some bonuses and other incentive-based pay from executives in the event of an accounting restatement, regardless of whether they were at fault.

  • June 30, 2015

    Apple E-Books Court Sticks Landing With Tough Antitrust Test

    Despite a sharply critical dissent arguing for the use of a looser test to determine liability, antitrust experts say the Second Circuit's decision Tuesday to apply the tougher per se standard to keep Apple on the hook for e-book price-fixing was the right call.

Expert Analysis

  • This Week In Congress: Post July 4 Tumult

    Richard A. Hertling

    The House and Senate return from the Independence Day recess this week facing a crowded July agenda. Richard Hertling and Kaitlyn McClure of Covington & Burling LLP map the issues, ranging from national transportation and infrastructure funding to the Export-Import Bank's lapsed charter to the slew of fiscal year 2016 spending bills.

  • Top 3 Cybersecurity Misconceptions

    Cybersecurity is an issue that should be top-of-mind for all companies. But there are three misconceptions that can put companies at significant risk. In this video, Foley & Lardner LLP partner Michael Overly discusses these misconceptions and how companies should change their approaches to cybersecurity.

  • DOJ Sends Warning To Political Campaigns And Super PACs

    Robert Higdon

    It doesn’t get much worse than having your mother lie for you, being turned in by your own party and receiving an active federal prison sentence. But, while all the political operatives in the country get a good laugh at Tyler Harber’s expense, we should not miss the importance of the prosecution. It is the first of many investigations into the world of big money politics, says Robert Higdon, a partner at Williams Mullen and former... (continued)

  • Proxy Access In 2015 And Beyond

    Marc S. Gerber

    While the 2015 annual meeting season is still winding down, there is no doubt that proxy access has gained considerable momentum and will remain a front-and-center corporate governance issue for the foreseeable future. For the many companies that were bystanders on the issue this proxy season, the question will be whether to act now or wait and watch for further developments, say Marc Gerber and Richard Grossman of Skadden Arps Sla... (continued)

  • A Few Lessons From FCPA Trial Of Ex-PetroTiger CEO

    Marsha Gerber

    The trial of former PetroTiger Ltd. CEO Joseph Sigelman came to an abrupt end last week after prosecutors agreed to a plea agreement that appears to include terms favorable to the ousted executive. The case garnered widespread interest in part because criminal Foreign Corrupt Practices Act cases are rarely tried — this was only the fourth FCPA prosecution in as many years to progress all the way to trial, say attorneys with Norton Rose Fulbright.

  • Capital Allocation Strategies For Audit Committee Members

    James B. Carlson

    Audit committees must consider when adequate capital returns will be assessed, measured and then the subject of a corporate decision. An aphorism at Google — “fail fast” — distills the concept of boldly allocating capital, but then also boldly deciding when a capital allocation has been misspent and should be discontinued, says James Carlson of Mayer Brown LLP.

  • High Hurdles Remain For Texas Derivative Plaintiffs

    Jeffrey R. Elkin

    The Supreme Court of Texas plainly seems to believe that its decision in Sneed v. Webre endorses an “easier” path for a shareholder in a closely held corporation to enforce its rights and protect the value of its ownership interests. However, while the business judgment rule will not be a bar to standing, it remains a high hurdle to any ultimate recovery for derivative plaintiffs, says Jeffrey Elkin of Porter Hedges LLP.

  • 3 Potential Consequences Of Losing Rule 84 And The Forms

    Leeron Morad

    As Dec. 1 approaches, prospective plaintiffs involved in patent disputes would do well to consider the pending changes to Federal Rule of Civil Procedure 84 and the Appendix of Forms when deciding when to file complaints and what to allege, say Leeron Morad and Andrew Bramhall of Quinn Emanuel Urquhart & Sullivan LLP.

  • Multinational Cos. Caught In International Tax Crossfire

    Tim Wach

    Chief financial officers of multinational enterprises are finding themselves increasingly in difficult positions on the tax front, whether that is because of changes coming from the base erosion and profit-shifting initiative or “rogue” national changes like the U.K. diverted profits tax. It’s not surprising that 80 percent of CFOs in a recent survey stated that initiatives to reform the international tax architecture are desirable... (continued)

  • Best Practices For Avoiding Spoliation

    Paul D. Steinman

    Motions for sanctions based on spoliation of evidence have become increasingly common, and a company that is not prepared to defend against a claim of spoliation may find itself forced to choose between an unfavorable settlement offer or the imposition of sanctions that could prevent it from prevailing on its claims or defenses, say Paul Steinman and Thomas Sanchez of Eckert Seamans Cherin & Mellott LLC.