• October 22, 2014

    Justices Poised To Set Line For Police On Data Searches

    The U.S. Supreme Court on Monday agreed to take up a challenge to a Los Angeles law allowing warrantless searches of hotel registries, paving the way for the justices to draw a clear line regarding when and how law enforcement needs court involvement to gain access to data held by hotels, technology companies and others.

  • October 22, 2014

    Giving Number To Airline Isn't TCPA Consent, 9th Circ. Told

    A consumer has urged the Ninth Circuit to revive her proposed class action claiming a travel technology contractor violated the Telephone Consumer Protection Act by text-spamming her, saying the lower court incorrectly determined she had given express consent by providing her number when booking a flight.

  • October 22, 2014

    Target Says Banks Can't Go After It For Data Breach Losses

    Target Corp. on Wednesday doubled down on its bid to dismiss banks and credit unions' legal claims over last year's massive data breach at the retail chain, arguing its handling of customer payment card data didn't establish a relationship with financial institutions that would allow them to recover their losses.

  • October 22, 2014

    PAGA Divide May Push High Court To Take Up Iskanian Case

    Several federal judges have recently rejected the California Supreme Court's employee-friendly Iskanian ruling that workers can't waive representative Private Attorney General Act claims through mandatory arbitration agreements, a trend lawyers say increases the chances that the U.S. Supreme Court may choose to weigh in.

  • October 22, 2014

    NLRB Judge Finds Against Ross Stores' Arbitration Pact

    A National Labor Relations Board judge ruled Tuesday that clothing retailer Ross Stores Inc. violated federal labor law when it required employees to sign an arbitration agreement that prohibited them from pursuing class or collective actions.

  • October 22, 2014

    Employers' EEOC Survival Guide: Litigation

    After the U.S. Equal Employment Opportunity Commission investigates a bias claim, concludes it has merit and can't reach a settlement, the agency may turn to its last resort: litigation. Management-side lawyers have some tricks up their sleeve for defending EEOC suits in particular, but EEOC General Counsel P. David Lopez warns against getting distracted from the core issues when litigating with the agency. This is the third in a three-article series on navigating the EEOC process.

  • October 22, 2014

    Calvin Klein, PVH Facing Newest Unpaid Intern Class Action

    Calvin Klein Inc. and parent company PVH Corp. are the latest targets of allegations that they didn't pay interns for work that didn't qualify as education or training, according to a proposed statewide class action filed Monday in Manhattan.

  • October 22, 2014

    Store Layout Lands Kohl’s In Hot Water With ADA Advocates

    Disability rights advocates The Equal Rights Center hit Kohl’s Corp. with a proposed class action in Illinois federal court Tuesday, saying that narrow aisles and tall checkout counters are unlawfully preventing wheelchair-bound customers nationwide from shopping at the department stores.

  • October 22, 2014

    Obama Order Pressures Retailers To Adopt 'Chip And PIN'

    U.S. retailers are under more pressure to update payment systems that accept "chip and PIN" cards after President Barack Obama signed an order making the technology the norm for the federal government, but attorneys say moving to the technology won't shield merchants from all future threats to customer data.

  • October 21, 2014

    ABM Pushes To Nix 'Absurd' $90M Rest Break Loss In Calif.

    ABM Industries Inc. urged a California appeals court Tuesday to reverse the “absurd” $90 million a lower court awarded a class of thousands of security guards for being “on call” during breaks, arguing the trial court severely misinterpreted California's rest break requirement.

  • October 21, 2014

    10th Circ. Scraps Enviros' Bid To Block Emissions Program

    The Tenth Circuit on Tuesday upheld a U.S. Environmental Protection Agency-approved regional cap-and-trade program for sulfur dioxide emissions in three western states, rejecting claims from environmental groups that the government should have nixed the program under the Clean Air Act.

  • October 21, 2014

    Senate Shake-Up Would Breathe New Life Into ACA Battles

    An increasingly likely Republican takeover of the U.S. Senate in next month's midterm elections would almost certainly lead to new showdowns over controversial Affordable Care Act provisions, such as the employer mandate and the medical device tax, as incoming senators try to turn campaign rhetoric into reality.

  • October 21, 2014

    10th Circ.'s $1B Dow Ruling Flouts Dukes, Chamber Says

    The U.S. Chamber of Commerce urged the Tenth Circuit on Tuesday to grant an en banc rehearing of The Dow Chemical Corp. appeal of a jury’s $1.06 billion price-fixing judgment against the company, saying its affirmation of the judgment conflicted with U.S. Supreme Court precedent on class certification.

  • October 21, 2014

    Employers' EEOC Survival Guide: Conciliation

    Once the U.S. Equal Opportunity Commission finds “reasonable cause” to believe an employer has broken the law, the agency must try to conciliate the underlying bias claims before deciding whether to bring a lawsuit. Though the agency may already believe discrimination has occurred by the time conciliation efforts start, lawyers and the EEOC say employers shouldn't merely throw up their hands and brace for litigation. This is the second in a three-article series on navigating the EEOC process.

  • October 21, 2014

    SEC Whistleblower Head Admits To Award-Payout Struggles

    In part three of a three-part peek behind the scenes of the U.S. Securities and Exchange Commission’s whistleblower office, director Sean McKessy addresses some of the “unintended negative consequences” of the program: what happens when all of his tipsters aren’t eligible to get paid.

  • October 21, 2014

    Staples Probes Potential Credit Card Data Breach

    Staples Inc. said late Monday that it is investigating “a potential issue involving credit card data,” amid reports that the retailer has become the latest company to have its customers' data hacked.

  • October 20, 2014

    NLRB Judges Knock 2 Employers' Arbitration Pacts

    A California grocery chain and a Las Vegas limousine service were faulted Friday by National Labor Relations Board judges who found the employers violated federal labor law by requiring employees to sign arbitration agreements that interfered with their right to bring collective actions.

  • October 20, 2014

    SIFMA Urges Regulators To Coordinate Cybersecurity Push

    The Securities Industry and Financial Markets Association asked regulators Monday to create a White House-led working group as agencies build new cybersecurity frameworks, in order to avoid creating a regulatory tangle in the wake of massive data breaches like one that affected more than 76 million JPMorgan Chase & Co. customers this summer.

  • October 20, 2014

    Accounting Group Warns EEOC About 'Expansion' Of ADEA

    The American Institute of Certified Professional Accountants urged the U.S. Equal Employment Opportunity Commission Monday to scuttle any potential lawsuits over retirement practices at accounting partnerships, warning that deeming accounting firm partners “employees” under the Age Discrimination in Employment Act would disrupt the profession.

  • October 20, 2014

    PAGA Claims Can Be Waived In Arbitration Pacts, Judge Says

    A federal judge rejected the California Supreme Court's conclusion that workers' right to bring representative Private Attorney General Act claims can't be waived through arbitration agreements, marking the latest federal ruling to eschew the state high court's June Iskanian decision.

Expert Analysis

  • 5 Issues For Employers To Consider When Shaping Benefits

    Michelle Capezza

    In light of recent legal developments, most notably passage of the Affordable Care Act, and ongoing national issues, such as America's looming retirement crisis, corporate employers will continue to face incredible challenges to their offered health and benefit plans, says Michelle Capezza of Epstein Becker & Green PC.

  • Examining The EEOC's Fiscal Year-End Lawsuit Blitz

    Gerald L. Maatman Jr.

    This fiscal year, the U.S. Equal Employment Opportunity Commission has focused substantial resources to tackle the legal issues that could — if the EEOC is successful — sweep away certain procedural prerequisites to filing suit that the agency believes impede its enforcement efforts, especially over systemic cases, say attorneys at Seyfarth Shaw LLP.

  • Canada's Proposed Takeover Bid Rules Are Target-Friendly

    Ralph Shay

    Newly proposed amendments to Canada's takeover bid legislation would address long-standing concerns that the current regulatory regime tilts the playing field too far in favor of hostile bidders, says Ralph Shay of Dentons Canada LLP.

  • The Impact Of Boilermakers Continues To Be Felt

    Celia Taylor

    Relying on and further strengthening the import of Boilermakers Local 154 Retirement Fund v. Chevron Corp., a recent decision in a shareholder suit involving Chemed Corp. shows the power of boards to have their say as to where intracorporate litigation will take place and who will pay for it, says Celia Taylor of Sturm College of Law at the University of Denver.

  • 10 Things You Must Know Before Engaging In Crowdfunding

    Eliza Sporn Fromberg

    "Accredited crowdfunding" platforms offer the tantalizing possibility of raising funds with the click of a button, but it is vital to consider the regulatory scheme under which the platform operates and its managerial and financial resources, among other factors, say Eliza Sporn Fromberg, counsel at Day Pitney LLP, and Norbert Mehl, CEO of Global i Ventures.

  • Accessing The D&O Liability Coverage Of A Bankrupt Corp.

    Mary E. McCutcheon

    A traditional directors and officers insurance policy risks dilution where the company also faces a covered claim. And when the company has filed for bankruptcy, payment of the proceeds for claims against the directors and officers may be delayed, and even impaired, says Mary McCutcheon of Farella Braun & Martel LLP.

  • 5 Takeaways From The New Cybersecurity Executive Order

    Lisa Ledbetter

    President Obama signed an executive order on Friday that requires federal agencies to apply enhanced security features to government payment cards. The administration views chip-and-PIN technology as a significant step forward, but such technology does not provide protection in online, mail and telephone order purchases, and does not eliminate the risk of a security breach, say attorneys with Jones Day.

  • FLSA Case Is A Guide To Using Independent Contractors

    Larry S. Perlman

    Saleem v. Corporate Transportation Group Ltd., the "black car" driver case brought under the Fair Labor Standards Act and the New York Labor Law, provides excellent examples for employers to better navigate the legal landscape of independent contractor status given the case's examination of contracts and control over contractors, say Larry Perlman and Tamar Dolcourt of Foley & Lardner LLP.

  • 5 Ways Employers Can Fight Ebola

    Sloane Ackerman

    Most employers in the U.S. will be prepared for the current Ebola outbreak after taking a few steps, including educating employees and ensuring emergency preparedness, says Sloane Ackerman of O'Melveny & Myers LLP.

  • If High Court Reverses Teva, Litigation Costs May Increase

    Irena Royzman

    The policy arguments presented to the U.S. Supreme Court in Teva Pharmaceuticals USA Inc. v. Sandoz Inc., which was argued Wednesday, are off-base. In fact, increased deference to lower court claim construction determinations is more likely to increase litigation costs than decrease them, say Irena Royzman and Aron Fischer of Patterson Belknap Webb & Tyler LLP and Maggie Wittlin, an associate-in-law at Columbia Law School.