• November 25, 2015

    Business Groups Urge DC Circ. To Nix FCC's TCPA Expansion

    Collection company trade group ACA International, the U.S. Chamber of Commerce and other businesses and organizations on Wednesday urged the D.C. Circuit to overturn the Federal Communications Commission's order expanding the Telephone Consumer Protection Act to forbid use of autodialing systems, saying it goes too far and chills legitimate communication.

  • November 25, 2015

    Bio-Rad Will Ask 9th Circ. To Nix Whistleblower GC’s Claims

    Bio-Rad Laboratories Inc. is planning to ask the Ninth Circuit to immediately review a California federal court’s recent refusal to toss claims in its former general counsel’s whistleblower suit alleging he was fired after reporting that company leadership potentially engaged in overseas bribery.

  • November 25, 2015

    FCC Seeks Input On TCPA Reach Over Digital Faxes

    The Federal Communications Commission sought comment Tuesday on a question of whether faxes sent and received digitally should be subject to the Telephone Consumer Protection Act after a petitioner argued the Controlling the Assault of Non-Solicited Pornography And Marketing Act for email should apply instead.

  • November 25, 2015

    Wage Suits Hit Record High Amid Focus On Worker Rights

    The number of new wage-and-hour suits in federal courts hit an all-time high last year, up about 8 percent over the previous year, a rise attorneys say stems from overtime and minimum wage policy debates around the country increasing worker awareness and the difficulty of applying New Deal-era employment law to the modern workplace.

  • November 25, 2015

    Calif. High Court Will Weigh 'Vague' Background Check Law

    The California Supreme Court on Wednesday agreed to consider whether the state's Investigative Consumer Reporting Agencies Act is unconstitutionally vague when applied to employee background checks because of its overlap with another California credit reporting law at issue in a labor suit against a school-bus company.

  • November 25, 2015

    5 Influential Privacy Regulators That You Should Know

    With a range of federal and state regulators aggressively cracking down on companies for inadequate data security protections, attorneys who practice in the area would be wise to put on their radar key officials from the agencies that their clients are most likely to encounter in the case of a privacy misstep.

  • November 25, 2015

    NLRB Orders Calif. Grocer To Nix Class Action Waivers

    The National Labor Relations Board on Tuesday ruled that a popular upscale grocer in California has kept in place arbitration agreements that illegally forbid employees from pursuing actions on a class or collective basis, and rejected the company's bid to revise the arbitration pacts to clarify them as voluntary. 

  • November 25, 2015

    The Dangerous Secrets Your Client Is Keeping From You

    Any secret a client keeps from outside counsel can be a liability, but certain types are especially harmful, lurking in the shadows like a grenade with the pin pulled. Here, experts discuss the most menacing secrets clients hide.

  • November 25, 2015

    An In-House Cheat Sheet On Tax Inversion Deals

    Following years of increasing popularity among companies seeking to escape the long arm of U.S. taxes, inversion deals are in the hot seat after Pfizer Inc. announced a blockbuster merger with Irish drugmaker Allergan PLC on the tail of the IRS' new attempts to halt the practice. So how did we get here? Here’s what you need to know.

  • November 24, 2015

    Job Portability Memo's Focus On DOL Codes Stirs Worries

    U.S. Citizenship and Immigration Services earned praise for addressing career progression issues in its new policy memo on job portability for certain immigrants seeking green cards, but left attorneys worried that the draft memo places too much emphasis on the U.S. Department of Labor's job classification codes.

  • November 24, 2015

    3rd Circ. Adopts Test To Evaluate Meal Breaks Under FLSA

    The Third Circuit in a split ruling Tuesday upheld a lower court’s decision to dismiss a lawsuit filed by Pennsylvania prison guards, adopting for the first time a test to determine whether a meal period is compensable under the Fair Labor Standards Act.

  • November 24, 2015

    Chamber, Others Ask 9th Circ. To Rethink PAGA Ruling

    The U.S. Chamber of Commerce and two other organizations pushed the Ninth Circuit on Monday to rethink its recent ruling to uphold a bar on California Private Attorneys General Act waivers in employment arbitration agreements, backing eyewear retailer Luxottica's call for a second look at the decision.

  • November 24, 2015

    The 3 Biggest Myths About Tax Inversion Deals

    With U.S. pharmaceutical giant Pfizer rolling out the largest-ever inversion play, the buzz surrounding the tax-motivated deal structure is reaching new heights, but that doesn't mean all the information buzzing around is accurate, experts say. Here, Law360 busts the three biggest myths about inversion transactions.

  • November 24, 2015

    LabMD Sues 3 FTC Lawyers Over Data Security Case

    Fresh off a decisive victory over the Federal Trade Commission’s suit accusing it of failing to protect customers’ data, LabMD Inc. said in Washington federal court on Friday that three agency attorneys behind the case destroyed its business by illegally and unethically prosecuting the company based on bogus evidence.

  • November 24, 2015

    5 Ways Retailers Can Avoid A Breach This Holiday Season

    With the holiday shopping season kicking into high gear this week, both online and brick-and-mortar retailers will be inundated with a wave of payment card data and personal information that are likely to make them more attractive targets for both hackers as well as class action plaintiffs. Here, attorneys offer five tips for securing data and collecting personal information that retailers can't afford to overlook this Black Friday weekend.

  • November 24, 2015

    US, China Tackle Banking Regs, Trade Secrets Squabbles

    A high-level summit between U.S. and Chinese government officials wrapped up Monday with the two sides touting modest progress on a wide array of bilateral trade issues, including the prevention of trade secret theft and Beijing's extensive security rules governing technology in its banking sector.

  • November 23, 2015

    Justices Asked To Flip FCA Intent Ruling In State Farm Case

    A criminal defense lawyers organization urged the U.S. Supreme Court on Friday to reverse the Fifth Circuit's ruling that State Farm submitted a fraudulent Hurricane Katrina claim, saying the False Claims Act's intent requirement wasn't met because there was no proof that any of the insurer's employees knew the claim was false.

  • November 23, 2015

    Health, Life Sciences Cos. Have Most IP Theft Issues: Report

    Health care, pharmaceutical and biotechnology companies have the most widespread intellectual property theft issues of all industries surveyed for a global fraud report, despite the fact that these are the least likely businesses to be affected by any type of fraud, the report said.

  • November 23, 2015

    Report Shows Diversity Decline In Ranks Of Corporate GCs

    The Fortune 500 lost a quarter of its black general counsel in the last year, and diversity among all minorities saw a backslide despite the fact that more than 60 of the largest U.S. companies appointed new top lawyers, according to survey from the Minority Corporate Counsel Association released Monday.

  • November 23, 2015

    Antitrust Concerns Won't Derail $160B Pfizer-Allergan Deal

    Pfizer's $160 billion bid to acquire Irish drugmaker Allergan will surely attract considerable government attention, but despite its eye-popping size, antitrust issues are unlikely to fell the deal given the way officials look at pharmaceutical mergers on a drug-by-drug basis.

Expert Analysis

  • OPINION: In Search Of Our Best Law Firm Selves

    James Maiwurm.jpg

    Several developments over the past few months caught the eye of Jim Maiwurm, chairman emeritus of Squire Patton Boggs. Try as he might, he could not resist the temptation to comment on a few — such as the expansion of the Dentons “polycentric” empire, a confused verein controversy, and provocative suggestions that the law firm partnership model is a dinosaur.

  • From The Book Of Jargon: Happy Meal

    In this short video — the latest installment from the "Book of Jargon" — Latham & Watkins LLP partner Courtenay Myers Lima defines "happy meal."

  • Key Takeaways From The SEC’s 2015 Whistleblower Report

    Christian R. Bartholomew

    The U.S. Securities and Exchange Commission's recently released whistleblower report makes clear that the commission will continue to focus on issues raised in the case of KBR, and that it is actively interested in any company documents, policies or statements suggesting that an employee talks to the SEC at his or her own peril, say attorneys with Jenner & Block LLP, including a former SEC trial lawyer.

  • New Federal Rules Acknowledge It’s Time To Drop The 'E'

    Gregory Leighton

    The amendments to the Federal Rules of Civil Procedure scheduled to take effect Dec. 1 are designed to usher in a new era in the U.S. litigation system, this time acknowledging that what was once known as “e-discovery” is now just discovery. The amendments are sweeping in scope, but none is more important than the revised Rule 37(e), say Gregory Leighton and Eric Choi of Neal Gerber & Eisenberg LLP.

  • Deciphering Activists' Increasingly Complicated Positions

    Ed Batts

    Peeling away the various arguments of stockholder activists and their often larger-than-life personas lays bare the gritty details of the ways stockholder activists actually take positions in their companies and what, if any, notice a company may have of such a position. Discerning where they may pop up next requires nuance and sophistication, says Ed Batts of DLA Piper.

  • Is The Risk Of Director Liability Really A 'Myth'?

    Michael W. Peregrine

    The conclusions of a recent scholarly article, “Seven Myths of Boards of Directors,” questioning the realistic financial liability exposure of corporate directors are persuasive and may offer comfort to many board members. But the data on which the authors rely is based on out-of-pocket payments in civil litigation. And the universe of risks confronting directors is increasingly from more diverse sources, says Michael Peregrine of ... (continued)

  • Preparing For Proxy Access 2016

    Janet T. Geldzahler

    As companies prepare for the 2016 proxy season, the number of adopted proxy access bylaws has almost doubled in recent months, and at least two new forms of proxy access shareholder proposals have appeared. Attorneys with Sullivan & Cromwell LLP outline key elements of these terms and proposals and suggest possible company responses.

  • 3 Ways Technology Is Changing Law Office Designs


    A growing number of attorneys and firms are eschewing tradition by embracing technology to change not only the way we work, but also the way we organize our offices, says Anthony Johnson, founder and CEO of American Injury Attorney Group.

  • The Future Of Appraisal Cases After BMC Software

    Yosef J. Riemer

    The Delaware Chancery Court's BMC Software decision will make it harder for appraisal petitioners to challenge a merger price resulting from a thorough and effective sale process, say attorneys with Kirkland & Ellis LLP.

  • 13 Key Business Objectives For Corporate Legal Departments

    Joe Kanka

    Over the past 35 years, Joe Kanka has experienced the corporate legal department from many angles, including management positions at a major law firm litigation support center, two legal staffing companies, and inside AT&T and Bell Atlantic. Here, he shares his 13 key business objectives that corporate legal departments must strive for in today’s business environment.