Corporate

  • April 24, 2015

    Calif. Bill Would Ramp Up Enforcement Against Wage Theft

    Looking to crack down on wage theft, California’s Senate leader said Thursday he has introduced a bill that would allow state regulators to require businesses that have failed to pay court orders for worker wages to post a bond of $150,000.

  • April 24, 2015

    North Carolina House Passes Bill To Expand E-Verify Use

    A bill that would require tens of thousands of North Carolina businesses to begin checking employees’ work authorization with E-Verify cleared the state’s House of Representatives on Thursday, as federal lawmakers consider similar legislation.

  • April 24, 2015

    Replaced Employees Challenge H-4 Spousal Work Rule

    A group representing former Southern California Edison Co. computer workers launched a suit in Washington, D.C., federal court Thursday challenging a U.S. Department of Homeland Security regulation that authorizes certain H-1B dependent spouses who possess H-4 visas to work, saying the rule robs them of their domestic labor protections.

  • April 24, 2015

    Cyberinsurance Thaw Hinges On Data-Sharing Bills

    Cybersecurity information-sharing legislation headed for consideration in the Senate would be a boon for the insurance industry if passed into law, as increased data sharing should trim liabilities for policyholders and allow insurers to offer more comprehensive — and cheaper — cyber-specific coverage to companies that have been reluctant to pay the high cost.

  • April 24, 2015

    Fla. Lawmakers Pass Anti-Pregnancy Discrimination Bill

    The Florida Legislature on Friday passed a bill that would outlaw discrimination of pregnant women in public places and the workplace, including hotels and restaurants, as part of an amendment to the state’s civil rights law.

  • April 24, 2015

    Social Media Class Notices Gain Traction But Carry Risks

    A New York federal judge’s recent decision allowing ex-Gawker Media LLC interns to use LinkedIn and Twitter to contact potential collective action members about opting in to their wage dispute shows that courts are warming up to using social media notification programs, but attorneys crafting such plans should be careful not to trample on individual privacy rights and company reputations, experts say.

  • April 24, 2015

    DHS, DOL Say They Are Close To Issuing New H-2B Visa Rule

    A new rule governing the H-2B labor certification process is being reviewed by the Office of the Federal Register and could be published as soon as next week, lawyers for the U.S. Department of Labor and Department of Homeland Security told a Florida federal judge Friday.

  • April 23, 2015

    Obama Says TPP Will Correct NAFTA Shortcomings

    President Barack Obama on Thursday defended his controversial Trans-Pacific Partnership trade deal, saying it is designed to correct the mistakes of previous pacts like the North American Free Trade Agreement, amid criticism by Democratic opponents who claim it will lead to job losses.

  • April 23, 2015

    Canadian Hacker Gets 18 Months In $100M Microsoft IP Theft

    A Canadian man involved in an international hacking ring was sentenced to 18 months in federal prison on Thursday for stealing more than $100 million in intellectual property and other proprietary business data from Microsoft Corp. and others, according to Delaware federal court records.

  • April 23, 2015

    Adobe To Settle Data Breach Claims Over 3M Payment Cards

    Adobe Systems Inc. has agreed to settle a consolidated proposed class action in California federal court over its alleged failure to safeguard users’ data from a breach that compromised at least 3 million payment card records, although the court on Wednesday agreed to give the parties an extra month to finalize their deal.

  • April 23, 2015

    Cyber Sharing Bills Head To Senate On Stronger Footing

    The U.S. House of Representatives gained substantial bipartisan support for a pair of recently passed cybersecurity information-sharing bills by beefing up privacy protections and more clearly defining the scope of liability, but further enhancements to the provisions — including a narrower definition of what constitutes a cyberthreat — are likely to be necessary for the legislation to pass in the Senate, where it has previously stalled.

  • April 23, 2015

    Big Awards Pushing Compliance Pros To Be Whistleblowers

    The U.S. Securities and Exchange Commission's recent announcement of a $1.5 million whistleblower award to a compliance officer is evidence that SEC tips from in-house compliance personnel are surging, lawyers say, a trend that's expected to continue in light of compliance officers' access to information and the potential for more seven-figure payouts.  

  • April 23, 2015

    SEC Revamping Hack Disclosure Rules, Official Says

    There are few hard and fast rules governing how corporations should notify their investors that they've suffered a significant security breach — but that will soon change, a U.S. Securities and Exchange Commission official said Thursday at the RSA Conference in San Francisco.

  • April 23, 2015

    5 Tips For Playing Both Sides Of The FCA Aisle

    The explosion of False Claims Act suits in recent years presents defense counsel with the enticing prospect of also bringing whistleblower cases that can generate mammoth financial settlements, but playing both sides is fraught with professional peril. Here are five tips from lawyers who fight FCA suits but also launch them.

  • April 23, 2015

    GAO Says Cybersecurity Incidents At Fed Agencies Rising

    The number of cybersecurity incidents involving federal agencies has skyrocketed in the past eight years while weaknesses in the security of federal systems and those of government contractors still need to be addressed, the U.S. Government Accountability Office said in a report released on Wednesday.

  • April 23, 2015

    Google Discriminates Against Older Workers, Suit Says

    A software engineer filed a proposed class action against Google Inc. in California federal court on Wednesday accusing the Internet giant of discriminating against older individuals in the hiring process, the latest allegation of age bias in the tech industry.

  • April 23, 2015

    House Passes 2nd Cyberthreat Info-Sharing Bill

    The U.S. House of Representatives approved a second bill Thursday that would provide liability protections to companies that voluntarily share cyberattack information and cyberthreat indicators with each other and the federal government through a portal maintained by the U.S. Department of Homeland Security.

  • April 22, 2015

    Calif. Jury Returns $4M Verdict Over Polygraph Firings

    A California jury on Tuesday returned a verdict of more than $4 million against Metropolitan Interpreters and Translators Inc. in a case brought by former workers who accused the company of firing employees for failing polygraph tests.

  • April 22, 2015

    Telling Boss To Stop Harassing Is Protected, 6th Circ. Says

    The Sixth Circuit affirmed a $1.4 million win Wednesday for the U.S. Equal Employment Opportunity Commission in a sexual harassment and retaliation suit against New Breed Logistics, holding that workers who tell sexually harassing supervisors to cut it out are protected from retaliation under Title VII.

  • April 22, 2015

    FCC Head Says Companies Must Be Cybersecurity Leaders

    Companies need to take charge of their cybersecurity practices and need to work together to address cybersecurity risks by sharing cyberthreat information with each other, among other measures, the head of the Federal Communications Commission told security experts on Tuesday.

Expert Analysis

  • Calculus Of Going Hostile: Recent Lessons From The Field

    David N. Shine

    Since Valeant/Pershing Square’s high-profile offer for Allergan last year, there have been 12 unsolicited, public offers by strategic bidders for U.S.-listed companies. While it is clear that these hostile bids have been exciting for deal junkies, it is equally clear that hostile bidders have been remarkably unsuccessful in ultimately acquiring their targets, say David Shine and Jordan Goldman of Paul Hastings LLP.

  • A New System To Manage Your Intangible Assets

    Mark Bullard

    With the recent hyper-growth in M&A activity, companies are acquiring intellectual property at record rates. "Innovation resource planning" can help by providing real-time analytics that show IP portfolio details as well as the big picture. IRP can be used to illuminate areas where companies have a stronghold on technology that excludes competitors or identify gaps in the patent portfolio that need to be filled, says Mark Bullard of Lecorpio.

  • 9th Circ. Has Ensured Fewer Post-Employment Restrictions

    Katelyn Keegan

    The Ninth Circuit's opinion in Golden v. California Emergency Physicians Medical Group limits the scope of permissible restrictive covenants employers can include in employment contracts and settlement agreements and could void current agreements containing restrictive provisions beyond traditional noncompete clauses, says Katelyn Keegan of Schiff Hardin LLP.

  • 10 Topics For Corporate Counsel To Consider On Coal Ash

    Kirsten L. Nathanson

    The U.S. Environmental Protection Agency's regulations on the disposal of coal combustion residuals are the first of their kind under the Resource Conservation and Recovery Act's Subtitle D enforcement structure, which grants enforcement authority to states and citizens rather than to the EPA, say attorneys at Crowell & Moring LLP.

  • Tips For Guiding Your Client Through The Mediation Process

    Raphael Lapin

    With all the tangible and intangible costs associated with litigation today, mediation is becoming more common as a means of resolving disputes. Yet attorneys trained and experienced in litigation do not always have the skills to guide their clients through a mediation process, says Raphael Lapin, an adjunct professor at the Whittier School of Law and principal of Lapin Negotiation Strategies.

  • 5 Steps To Data Breach Coverage For Card Issuer Liability

    Roberta D. Anderson

    Target’s $19 million settlement with MasterCard underscores very significant sources of potential exposure that often follow a data breach, including claims from financial institutions seeking to recover losses associated with credit and debit cards. These potential sources of data breach and payment brand liability may, however, be covered by commercial general liability insurance, which most companies have in place, says Roberta ... (continued)

  • Merits Of An XML-Based Invention Disclosure Standard

    Sunjeev Sikand

    Although deploying an extensible markup language invention disclosure system takes work, organizations that set up such a system will generally reap the rewards a year or two down the road, say Sunjeev Sikand of RatnerPrestia PC, Robin Hunziker of General Electric Global Research, and James Leonard of Price Heneveld LLP.

  • Virginia's ‘Rocket Docket' Continues To Roar

    Robert M. Tata

    The Eastern District of Virginia ― known as the “Rocket Docket” ― had the fastest trial docket in the country in 2014, for the seventh year in a row. The median time interval to trial was 12.5 months. That’s compared to a nationwide average of 24.9 months to try a case, says Robert Tata, managing partner of Hunton & Williams LLP's Norfolk, Virginia, office.

  • Moving On Up The Value Chain: Here Is What Legal Can Do

    Lance Ellisor

    At a time of increasing litigation costs and rising claims, legal departments are facing pressures to lower overall legal spending and evolve from a company cost center into a strategic business partner. As a result, smart legal departments are increasingly focusing on brand management, predictive decision-making and commercial acceleration, says Lance Ellisor of Mitratech Holdings Inc.

  • Appraisal Rights Waivers After Halpin V. Riverstone

    Brian E. Krob

    The ability of common stockholders in Delaware corporations to prospectively waive appraisal rights has been taken for granted. However, Halpin v. Riverstone National Inc., a case decided in the Delaware Court of Chancery, questions the effectiveness of such a waiver, say Brian Krob and Kimberly Rovtar of Nixon Peabody LLP.