• November 26, 2014

    NLRB Pushes 3rd Circ. For OK In Canning-Prompted Rehearing

    The National Labor Relations Board pushed the Third Circuit on Tuesday to uphold unfair labor practices findings against New Vista Nursing and Rehabilitation LLC, saying the U.S. Supreme Court’s Noel Canning decision invalidating two recess appointments does not require a remand to the board.

  • November 26, 2014

    Calif. Lawmaker Wants Retailers To Double Holiday Pay

    California retailers and restaurants open on Thanksgiving and Christmas will have to pay workers double wages under a proposal announced Wednesday by a state legislator, as Democrats across the country voice opposition to growing holiday hours.

  • November 26, 2014

    Citi Says Fortified DR Horton Shouldn't Impact Wage Case

    Citicorp Credit Services Inc. on Tuesday told an Idaho federal court that the National Labor Relations Board’s recent reaffirmation of its D.R. Horton ruling should not bear on the court’s determination of whether to compel arbitration in a putative collective wage action.

  • November 26, 2014

    Verizon Privacy Fixes Show How To Avoid The FTC's Wrath

    The Federal Trade Commission recently dropped its probe into Verizon Communications Inc.'s alleged failure to adequately secure routers it provided to its customers, giving companies a blueprint for how to avoid sweeping consent decrees that could put their privacy practices under the agency’s microscope for decades.

  • November 26, 2014

    NLRB Judge Faults Phillips 66 For Employee-Media Policy

    A National Labor Relations Board judge ruled Tuesday that Phillips 66 violated federal labor law during the course of a union organizing campaign at a California refining facility, finding the company threatened employees and unfairly restricted workers from talking to the media.

  • November 26, 2014

    SF Supervisors Pass Predictable Work Schedule Legislation

    Days before the annual Black Friday sales rush, the San Francisco Board of Supervisors passed legislation that extends benefits to part-time employees and aims to make retail work schedules more predictable.

  • November 26, 2014

    US Pols Wary Of EU's Onerous Digital Trade Proposals

    Four trade heavyweights in the U.S. Congress on Tuesday warned European Union lawmakers against pursuing new digital commerce and competition policy proposals that could hamper market access and thus deal a significant blow to ongoing EU-U.S. trade talks.

  • November 26, 2014

    5 Lessons From DOJ's Blockbuster FCA Haul

    The U.S. Department of Justice’s $5.7 billion False Claims Act haul in fiscal year 2014 will further incentivize whistleblowers who share proceeds in successful suits, and the mix of companies that coughed up cash points to an expanded anti-fraud playing field, experts say. Here are five lessons from the record-smashing recoveries.

  • November 26, 2014

    Lawmakers ‘Back To The Drawing Board’ On Tax Extenders

    Lawmakers will return to Washington on Monday after the Thanksgiving break looking for a way forward on the tax extenders after President Obama’s veto threat scuttled a tentative deal over the more than 50 tax breaks for businesses and individuals.

  • November 25, 2014

    EU Agency Warns Cos. Of Weak Web Encryption Protocols

    A European cybersecurity agency has warned businesses that many of the protocols they rely on to secure personal data that flows online are based on flawed structures that were designed years ago, and urged them to develop simpler encryption methods that fix these deficiencies. 

  • November 25, 2014

    Agency Authority At Stake In High Court Mercury Rule Review

    The U.S. Supreme Court’s surprising decision Tuesday to review the U.S. Environmental Protection Agency’s landmark rule limiting mercury and other toxic emissions from coal- and oil-fired power plants signals increased skepticism over the agency’s regulatory reach, and a reversal could limit the rule-making reach of the EPA and other federal regulators, experts say.

  • November 25, 2014

    Symantec Fires Back In Target Data-Breach Subpoena Fight

    Symantec Corp continued its attempts to convince a California federal judge to quash a subpoena seeking broad discovery in the sprawling multidistrict litigation over Target Corp.’s infamous data breach, saying Monday that the plaintiffs are burdening Symantec for their own convenience.

  • November 25, 2014

    Supreme Court To Hear Challenge To EPA Mercury Rule

    The U.S. Supreme Court on Tuesday agreed to review the U.S. Environmental Protection Agency's rule limiting mercury and other toxic emissions from power plants, granting requests from 23 states and industry groups that have argued the rule would drive up electricity prices and harm the coal industry.

  • November 25, 2014

    Tech Cos. Back Google In High Court Street View IP Row

    Dell Inc., eBay Inc. and others have thrown their support behind Google Inc.'s bid for the U.S. Supreme Court to consider whether a court can presume a patent claim merits a broad interpretation despite amendments to overcome an earlier rejection, saying a Federal Circuit ruling encourages ambiguous claim amendment language.

  • November 25, 2014

    EU Approves Proposals To Open Up Trade Talks With US

    The European Commission on Tuesday gave its approval to a series of proposals from its trade negotiating office to shed more light on the ongoing Transatlantic Trade and Investment Partnership talks with the U.S., which have been slammed with criticisms of secrecy since their launch last year.

  • November 24, 2014

    House Dem Digs Into GOP's Use Of Law Students On ACA Suit

    The ranking Democrat on the Committee on House Administration raised concerns Monday that unqualified law students at George Washington University could be "exploited" in the GOP’s lawsuit against the Obama administration over delay of the Affordable Care Act’s employer mandate.

  • November 24, 2014

    Met Opera Loses Worker Injury Coverage Suit In NY Court

    The New York Court of Appeals ruled Monday that Mt. Hawley Insurance Co. has no obligation to defend the Metropolitan Opera House's owner in a personal injury suit filed by a worker, finding that the Met isn't an additional insured under a painting contractor's comprehensive general liability policy.

  • November 24, 2014

    UnitedHealth OT Fight Tees Up Murphy Oil For 2nd Circ.

    UnitedHealth Group Inc.'s arbitration policy barring class claims is unenforceable because it violates federal labor law, a former UnitedHealth worker told the Second Circuit on Friday, arguing that the board's recent Murphy Oil decision “deepened and extended” its D.R. Horton analysis.

  • November 24, 2014

    Immigration Actions Could Raise Employer Compliance Issues

    President Barack Obama's new immigration actions contain several striking proposals, from allowing millions of undocumented immigrants to seek work authorization to providing much-needed visa guidance, but employers may face compliance headaches and a long wait for regulatory changes, attorneys say.

  • November 24, 2014

    Foam Cos. Want High Court To Weigh Class Cert. Standards

    A group of polyurethane foam manufacturers and sellers accused in multidistrict litigation of participating in a price-fixing conspiracy have urged the U.S. Supreme Court to reverse a Sixth Circuit order upholding certification of two purchaser classes, saying that a circuit split exists regarding certification standards.

Expert Analysis

  • Are You Ready For Florida's New LLC Law?

    Stefan Rubin

    Exemption from the state’s corporate income tax, coupled with greater flexibility, has led to explosive growth in Florida limited liability companies, especially among venture capitalists, private equity groups and the broader investment community. As of Jan. 1, 2015, all of Florida's nearly 800,000 LLCs will live by new rules — some of which create potential personal liability, says Stefan Rubin, a partner with Shutts & Bowen LLP ... (continued)

  • NIST Draft Info-Sharing Guide Advances Cybersecurity Debate

    Mark Krotoski

    Private sector entities reviewing the National Institute of Standards and Technology's draft guide on information sharing should focus on its recommendations surrounding sharing communities, standardized transfer mechanisms and the handling of corporate legal considerations, say Mark Krotoski and Brock Dahl of Morgan Lewis & Bockius LLP.

  • Remembering Doar: Justice As A 4-Letter Word

    Kevin J. Curnin

    John Doar ran the U.S. Justice Department's Civil Rights Division at perhaps the most chaotic and pivotal time in its history. His passing earlier this month is an occasion for lawyers everywhere to marvel at just how impactful one attorney can be. He didn’t just preside at a historic time, he calmly and coolly shaped it, says Kevin Curnin of the Association of Pro Bono Counsel.

  • Ordinary Course Of Business After An Extraordinary Event

    Neil Whoriskey

    In light of Vice Chancellor Sam Glasscock’s decision in Cooper Tire & Rubber Co. v. Apollo (Mauritius) Holdings, and in particular, the impact of an unqualified obligation to operate in the ordinary course, merger targets may seek more flexibility to respond to extraordinary events that occur following the signing of a merger agreement, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • EU Tax Rulings For Companies Threatened By State Aid Law

    Salome Cisnal de Ugarte

    With European Commission probes and the recent "Lux Leaks" revelations, international companies that have benefited from tax rulings issued anywhere in the European Union face more than tax law risks — they also risk the enforcement of EU competition law and in particular, EU state aid control, say attorneys with Crowell & Moring LLP.

  • ‘Tis The Season … For Data Breaches And Data Analytics

    Mike Kheyfets

    Last holiday season saw some of the biggest and costliest data breaches in the retail industry’s history. With optimistic forecasts for spending this year, retailers will no doubt once again be in hackers’ crosshairs in the coming month. Implementation of data analytics — an important but sometimes underutilized tool — can assist in all phases of incident management, say economists at Edgeworth Economics LLC.

  • Obama's Immigration Action Is Cause For Celebration

    Robert S. Whitehill

    Though implementation of President Obama's announced changes to U.S. immigration policy on Nov. 20 will take some time and may be slowed by legal action or accelerated by Congress enacting immigration reform, the president's executive action will give hope and relief to millions, which is cause for celebration, says Robert Whitehill of Fox Rothschild LLP.

  • Paper Chase: Winning The Removal Race

    Alan E. Rothman

    The First Circuit's ruling in October in a wage-and-hour dispute — Romulus v. CVS Pharmacy Inc. — broadens the type of documentation that will permit removal of a class action to federal court and provides defendants with yet another valuable tool in winning the removal race, says Alan Rothman of Kaye Scholer LLP.

  • Voluntary Disclosure: The Continuing FCPA Debate

    Michael Volkov

    In the absence of a defined benefit that a company can earn from voluntary disclosure, Foreign Corrupt Practices Act practitioners are left to guess the exact benefit or range of outcomes that could result. Some have dusted off an old proposal to address this issue — adoption of a corporate leniency program similar to that used by the Antitrust Division. The proposal has no merit, says Michael Volkov of The Volkov Law Group LLC.

  • Updating Our Understanding Of The FMLA: Part 3

    Linda Dwoskin

    The Seventh Circuit's Ballard v. Chicago Park District and Gienapp v. Harbor Crest decisions highlight the broad nature of family care leave under the Family Medical Leave Act and serve as an important reminder to employers that FMLA cases often turn on thin distinctions in the law and are significantly influenced by the specific facts in a given case, say Linda Dwoskin and Melissa Squire of Dechert LLP.