• July 24, 2015

    ADA At 25: Accommodations Issues Dominating Suits

    The Americans with Disabilities Act turns 25 on Sunday and while attorneys say the law is still a hot source of litigation, things have shifted over the years due to a major amendment that pushed to the forefront the issue of whether an employer is reasonably accommodating its disabled employees.

  • July 24, 2015

    IRS Scaling Back In Face Of Budget Cuts, Report Says

    The Internal Revenue Service has cut back on hiring, software updates and other services on account of its shrinking budget, according to a Government Accountability Office report released Friday, the latest in a litany of reports on the agency’s scramble to adjust.

  • July 24, 2015

    Commerce Guides Health Industry On Mobile Cybersecurity

    The U.S. Department of Commerce's National Cybersecurity Center of Excellence released on Thursday a draft for public comment of a guide to better protect medical information stored in and shared between mobile devices, the agency said in a statement.

  • July 24, 2015

    Identity Theft Victim Fights For Pharmacy Drug Fraud Claims

    A man whose identity was used to illegally obtain prescription drugs from Giant Eagle Inc. and CVS Caremark Corp. blasted a judge’s recommendation that his claims be dismissed, telling a Pennsylvania federal court Thursday that the companies should be held accountable for the identity thief’s actions.

  • July 23, 2015

    FTC Atty Tells Cos. Not To Hold Back On Economics

    Companies can learn from Sysco Corp.'s failed $3.5 billion bid to merge with US Foods Inc. that detailed economic analyses about the efficiencies a deal may yield will have far more impact during an antitrust agency's review than in the courtroom, a Federal Trade Commission official said Thursday.

  • July 23, 2015

    DOL Only Processed 64% Of H-2B Apps On Time Last Quarter

    The number of labor certification applications processed on time for H-2B workers plummeted to 64.6 percent in the last quarter, according to data released Wednesday from the U.S. Department of Labor, following a rocky few months for the program in the face of adverse court rulings.

  • July 23, 2015

    Pension To Get Paid Before Cox In Newspaper Sale: 11th Circ.

    Cox Enterprises Inc. must wait in line behind a pension creditor to collect millions from the sale of a Florida newspaper in which it owns a major stake after the Eleventh Circuit ruled this week that the payout to Cox would turn the newspaper insolvent.

  • July 23, 2015

    House, Senate Dems Introduce LGBT Anti-Discrimination Bill

    House and Senate Democrats introduced comprehensive legislation Thursday designed to extend anti-discrimination protections for both sexual orientation and gender identity, a move met with a swell of public support.

  • July 23, 2015

    Online Travel Companies Owe Sales Taxes, DC Court Says

    A District of Columbia appellate court on Thursday found that online travel companies such as Expedia Inc. must pay the city’s sales tax, saying that overall the tax is levied on the sale not the provision of hotel rooms.

  • July 23, 2015

    Calif. High Court Asks State To Weigh In On Seating Row

    The California Supreme Court on Wednesday reached out to the state’s Labor Commissioner’s Office to help resolve a case brought by workers accusing JPMorgan Chase Bank NA and CVS Pharmacy Inc. of violating California's suitable seating requirement.

  • July 23, 2015

    Long-Shot Bill Aims To Raise Fla. Minimum Wage To $15

    The call for a $15-an-hour minimum wage has come to the Florida Legislature in the first bill filed for the 2016 session, but past efforts suggest the measure faces steep odds of success.

  • July 23, 2015

    Obama Calls Ex-Im Bank Renewal A 'No-Brainer'

    President Barack Obama said Wednesday that renewing the Export-Import Bank of the U.S. is a “no-brainer,” taking aim at arguments the controversial bank primarily serves as corporate welfare for multinationals such as General Electric Co. and Boeing Corp.

  • July 23, 2015

    3 Tips For Responding To IRS Document Requests

    Summons enforcement actions are on the rise thanks to new IRS rules that require examiners to bring litigation against taxpayers who fail at responding to information document requests. Here, experts share three tips for responding to information document requests and summons enforcement actions from the IRS.

  • July 23, 2015

    Senate Greenlights Antitrust Whistleblower Protections

    By unanimous consent Wednesday, the Senate passed a bill sponsored by Sen. Chuck Grassley, R-Iowa, to extend whistleblower protections to employees who provide information to federal prosecutors in criminal antitrust probes.

  • July 22, 2015

    Guidance On H-1B Work Moves Leaves Penalties In Play

    Guidance on H-1B work site changes issued by U.S. Citizenship and Immigration Services on Tuesday eased a harsh filing deadline but did not shut the door on future punishments for employers who don’t amend petitions based on old moves, forcing attorneys to weigh possible client costs against the risk of agency action.

  • July 22, 2015

    Gibson Dunn Will Fight $15-Per-Hour Fast Food Wage In NY

    A state panel recommended raising New York fast food workers' minimum wage to $15 an hour Wednesday, but opponents of the wage increase have already turned to a Gibson Dunn partner who called the proposal “irrational and discriminatory” to challenge it.

  • July 22, 2015

    Microsoft Hit With Suit Over Spam Text Message Ads

    Microsoft Corp. used deceptive social media posts to collect phone numbers from consumers, then spammed those consumers with text message advertisements, a proposed class alleged in a suit filed in California federal court on Tuesday.

  • July 22, 2015

    Lifetime Says 11th Circ. Ruling Should Stop Cert. In TCPA Row

    Lifetime Entertainment Services LLC urged a New York federal judge Wednesday to consider a recent appellate decision as he decides whether to grant class certification on claims it violated the Telephone Consumer Protection Act by unlawfully robocalling people about its "Project Runway" TV show, saying the ruling further shows the proposed class isn’t feasible.

  • July 22, 2015

    7th Circ. Ruling Doesn't Save Data Breach Case, B&N Says

    A recent Seventh Circuit decision that Neiman Marcus customers affected by a data breach can sue doesn’t support the standing of plaintiffs suing Barnes & Noble Inc. over a security breach that compromised PIN pad devices at stores, the book retailer told an Illinois federal judge Tuesday.

  • July 22, 2015

    Wal-Mart Wants Full 6th Circ. To Rehear Gender Bias Appeal

    A Sixth Circuit panel ruling reviving regional class claims from gender bias plaintiffs covered by the nationwide Dukes class that the U.S. Supreme Court disbanded created a split with six other circuits, Wal-Mart Stores Inc. said Tuesday in a petition for en banc rehearing.

Expert Analysis

  • Understanding The SEC's Compensation Clawback Proposal

    Alessandra K. Murata

    To the extent classified as an executive officer, a listed company's general counsel will be subject to potential clawback under the recently proposed compensation recovery rules. The rules would apply to all incentive awards granted to these executive officers, including awards granted at a time when the individual was not serving as an executive officer, say Alessandra Murata and Neil Leff of Skadden Arps Slate Meagher & Flom LLP.

  • This Week In Congress: Continuing Resolution Looms

    Richard A. Hertling

    Highway funding remains at an impasse this week, as House and Senate debates continue. Iran also remains a major focus, with only 60 days for Congress to review the nuclear agreement reached earlier this month. Meanwhile congressional leaders have finally acknowledged what has been clear all along — efforts to fund the government past Sept. 30 have failed, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • Sigelman FCPA Trial Won't Affect DOJ Strategy

    Michael Volkov

    In the aftermath of the Foreign Corrupt Practices Act trial of former PetroTiger Ltd. CEO Joseph Sigelman, FCPA commentators are hyperventilating about “trends” and “lessons.” But there is not much to be learned from the federal prosecutors' loss — what happened at trial is nothing more than a regular occurrence in our criminal justice system, says Michael Volkov, CEO of The Volkov Law Group LLC and a former federal prosecutor.

  • REBUTTAL: The Problem With 3rd-Party Litigation Financing

    Lisa Rickard

    Manipulating gender disparity in the service of hawking a flawed investment product does nothing but trivialize a serious and important issue. The tortured logic in Burford Capital LLC’s recent plug for third-party litigation financing is nothing more than a marketing ploy to boost revenues, says Lisa Rickard, president of the U.S. Chamber Institute for Legal Reform.

  • Recent Lessons In D&O Fee Advancement And Indemnification

    David L. Goldberg

    A Third Circuit decision in IP theft case Aleynikov v. Goldman Sachs Group Inc. and the Delaware Chancery Court’s ruling in insider trading suit Holley v. Nipro Diagnostics Inc. have raised important issues regarding fee advancement bylaws. For one, a litigant will not be considered an “officer” simply based on his or her title, say attorneys with Katten Muchin Rosenman LLP.

  • Understanding The DOL's Expansive View Of An Employee

    Joshua F. Alloy

    The import of the U.S. Department of Labor's recent guidance on worker misclassifcation is clear — the DOL is focusing on the increased use of independent contractors, including in the sharing economy, and the manner in which the department will use the economic realities test will result in an expansive view of what constitutes an employee, say Joshua Alloy and Paul Howard of Arnold & Porter LLP.

  • And Up To 20 Years: The Criminalization Of Trade Violations

    Fernando Aenlle-Rocha

    Whereas a customs violation in the past might only have affected a company’s pocketbook, now companies and their executives increasingly are facing criminal investigations and felony charges carrying potential terms of imprisonment of up to 20 years, probation, supervised release and potential career-ending reputational damage, say attorneys with White & Case LLP.

  • This Week In Congress: Highway Ramp-Up, Iran Deal Review

    Richard A. Hertling

    Congress will be focusing on two major deadlines this week, as members stare down the July 31 expiration of the current highway program and start the clock — set by bipartisan legislation approved earlier this year — on review of the multilateral nuclear deal reached last week with Iran, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • You Can't Hide From Calif.'s Paid Sick Leave Law

    Michele H. Gehrke

    Joining the ranks of Massachusetts and Oregon, California's new paid sick leave law may apply to all companies — even those that are out-of-state employers. Mandatory paid sick leave is available to any employee working in California for 30 days or more in a year, even if employed by a non-California employer, unless an employee fits into one of the law's few exceptions, say attorneys at Polsinelli PC.

  • Where Are All The Women In The Plaintiffs' Bar?

    Jessica J. Sleater

    Although there are likely several reasons why there is an unequal representation of women attorneys in the plaintiffs' bar, the history of the plaintiffs' bar as male-dominated cannot be ignored, says Andersen Sleater LLC's Jessica Sleater, co-founder of the Women's Entrepreneurial Plaintiffs Lawyers Network.