Corporate

  • September 28, 2016

    House OKs Bill To Put Brakes On DOL's Overtime Rule

    In the face of a presidential veto threat and numerous Democratic objections, the U.S. House of Representatives voted 246-to-177 Wednesday to delay by an additional six months the U.S. Department of Labor’s rule raising the threshold for exemption to overtime pay.

  • September 28, 2016

    5th Circ. Says Con-Way Engaged In Unfair Labor Practices

    The Fifth Circuit on Tuesday affirmed a National Labor Relations Board determination that Con-way Freight LLC engaged in unfair labor practices when it refused to negotiate with a union of drivers and dockworkers after a close election.

  • September 28, 2016

    Och-Ziff Nears $400M Deal, Guilty Plea For Unit In FCPA Row

    Och-Ziff Capital Management Group LLC is expected to pay more than $400 million and a subsidiary will plead guilty to end investigations by the U.S. Department of Justice and the U.S. Securities and Exchange Commission into whether it bribed African officials, according to reports on Wednesday.

  • September 28, 2016

    Ill. Appeal Topples Neiman Marcus Credit Check Victory

    An Illinois appellate court Tuesday reversed a ruling for Neiman Marcus, saying the department store chain violated state law when it ran credit checks on potential employees.

  • September 28, 2016

    Norberg Named As New SEC Whistleblower Chief

    The U.S. Securities and Exchange Commission on Wednesday announced the appointment of the second head of its whistleblower program.

  • September 28, 2016

    Amazon Says IRS Did Not Justify Now-Axed Cost-Sharing Rule

    Amazon.com Inc. has sided with a chipmaker and urged the Ninth Circuit to uphold the U.S. Tax Court’s revocation of an IRS rule on stock-based compensation in cost-sharing agreements, saying the agency did not adequately justify its rationale for adopting the rule.

  • September 28, 2016

    Inside AB InBev's $100B Takeover Of SABMiller

    Anheuser-Busch InBev’s more than $100 billion takeover of No. 2 rival SABMiller cleared its last major hurdle, paving the way for the world’s largest and second-largest brewers to seal their merger after spending more than a year rallying for global regulatory approvals and stockholder support. Here, a Law360 interactive graphic recaps the many hurdles the deal had to overcome.

  • September 28, 2016

    Rooftop Rivals SolarCity, SunPower Swap Trade Secrets Suits

    SolarCity Corp. on Tuesday accused rooftop solar rival SunPower Corp. of stealing customer information and trade secrets, a day after a SunPower unit and its former owner lobbed trade secret theft allegations of their own at SolarCity in California federal court.

  • September 28, 2016

    American Apparel Reportedly Promotes GC To CEO Role

    American Apparel Inc. is reportedly replacing Paula Schneider, brought on in January 2015 to turn the company around after a bankruptcy and the ousting of the company’s founder, with General Counsel Chelsea Grayson, an ex-Loeb & Loeb LLP partner whose expertise lies in mergers and acquisitions.

  • September 28, 2016

    Multistate Tax Commission Slams Goodlatte's Sales Tax Plan

    The Multistate Tax Commission blasted Rep. Bob Goodlatte's proposal to help states levy taxes on out-of-state sales, regardless of a vendor's physical presence there, as one that will create unproductive competition and administrative and constitutional headaches.

  • September 28, 2016

    EEOC Launches Resource Center To Help Small Businesses

    The U.S. Equal Employment Opportunity Commission has launched a new resource center for small businesses, taking what Commissioner Constance Barker described as a major first step in the agency's effort to become more business- and user-friendly.

  • September 28, 2016

    Vibra Healthcare Agrees To $33M Settlement Of FCA Claims

    Vibra Healthcare LLC, a national hospital chain headquartered in Mechanicsburg, Pennsylvania, will pay more than $32.7 million to settle U.S. Department of Justice claims that it violated the False Claims Act in billing Medicare for services that patients didn't need, the government announced on Wednesday.

  • September 28, 2016

    AB InBev Pays $6M Over FCPA, Whistleblower Violations

    Beer giant Anheuser-Busch InBev agreed to pay $6 million to settle charges it violated the Foreign Corrupt Practices Act and then muzzled a former employee who raised concerns about improper payments, the U.S. Securities and Exchange Commission announced Wednesday.

  • September 27, 2016

    Wells Fargo CEO To Forfeit $41M Amid Internal Probe

    Wells Fargo on Tuesday said CEO John G. Stumpf will forfeit $41 million in unvested stock and announced an internal investigation amid a growing scandal over the opening of millions of unauthorized customer accounts that has already spawned a $185 million fine, a congressional hearing, and shareholder and employment class actions.

  • September 27, 2016

    FTC Heads Face Senate Scrutiny Over Data Security Approach

    The heads of the Federal Trade Commission on Tuesday defended their recent decision to continue to press data security claims in a case where no consumers suffered financial harm, although they did push U.S. Senate lawmakers for additional powers to close gaps in their ability to regulate privacy issues.

  • September 27, 2016

    Calif. Gov Signs Bill To Limit Choice-Of-Law Provisions

    Employers in California can't require workers to arbitrate disputes outside the state starting Jan. 1, according to a bill signed by Gov. Jerry Brown on Sunday that deems choice-of-law provisions in employment contracts illegal.

  • September 27, 2016

    Commerce Secretary Wants To Talk About Cyber Threats

    U.S. Secretary of Commerce Penny Pritzker wants business and government to talk more candidly about cybersecurity threats by making it easier for companies and institutions to acknowledge emerging cyber attacks without being reprimanded, the commerce secretary said on Tuesday.

  • September 27, 2016

    Viacom Says It Told Parents Truth About Child Tracking

    Viacom Inc. asked for summary judgment Monday in a putative class action over Nickelodeon’s alleged internet tracking of children under 13, telling a New Jersey federal court there's no evidence to support claims that Viacom misled parents as to its privacy practices.

  • September 27, 2016

    Texas Judge Strikes Noncompete For Ex-Cameron Exec

    A Texas federal judge on Tuesday held a Cameron International Corp. noncompete is overbroad and unenforceable against one of its key executives in the Middle East who joined competitor FMC Technologies Singapore Pte Ltd.

  • September 27, 2016

    EEOC Hits National Food Distributor With Sex Bias Suit

    The U.S. Equal Employment Opportunity Commission sued a Detroit, Michigan-based national food distribution company in Ohio federal court on Tuesday, alleging it refused to hire female job applicants due to their gender.

Expert Analysis

  • The Courtroom Where It Happened: Hamilton As A Lawyer

    Randy Maniloff

    Often lost in discussions about Alexander Hamilton is that he was an extremely important New York lawyer. He had an extensive law practice until his death in 1804 and he wrote what is considered to be the first treatise in the field of private law. Ultimately, Hamilton certainly did get "a lot farther by working a lot harder, by being a lot smarter, by being a self-starter," says Randy Maniloff of White and Williams LLP.

  • Could Gold-Plating Be The Key To Post-Brexit Stability?

    Jonathan New

    Although many fear that Brexit may be disruptive and create great uncertainty for many businesses in the United Kingdom, paradoxically, the U.K.’s occasionally controversial practice of gold-plating financial and corporate governance regulations may provide a measure of stability and continuity, say Jonathan New and Elizabeth McCurrach of BakerHostetler LLP.

  • Why Have Lawyers Forgotten About The Middle Class?

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    Sorry, fellow lawyers, judges and legislators, but the jig is up. It’s time to show the public the cards up our sleeves and give them a chance to weigh in on the fairness of a system that touches so many aspects of their everyday lives, says Chas Rampenthal, general counsel of LegalZoom.

  • And Now A Word From The Panel: 3 Alternatives To MDLs

    Alan E. Rothman

    Recognizing the ever-dwindling number of multidistrict litigation proceedings, Alan Rothman of Kaye Scholer LLP explores the three alternatives to MDLs which the Judicial Panel for Multidistrict Litigation has recently considered in denying and/or mooting MDL petitions.

  • Prelitigation Steps For Trade Secret And Noncompete Cases

    Excerpt from Lexis Practice Advisor
    Matthew T. Miklave

    One of the first steps in addressing potential trade secret misappropriation and breach of restrictive covenant claims is determining the scope and extent of the employer’s protections. However, the prelitigation process involves many more stages. Attorneys with Robinson & Cole LLP address seven specific steps you should take on behalf of an employer in assessing and addressing a potential breach of a noncompete agreement.

  • McDonald's Class Cert. Bodes Bad News For Franchisors

    John Aaron Hughes

    In Ochoa v. McDonald's, a California federal court recently certified a class of current and former employees of a McDonald's franchisee to pursue wage, overtime and maintenance-of-uniform claims. Although that result in a vacuum would certainly be enough to cause a stir, it is the facts that the court deemed important to the certification analysis that have the industry paying particularly close attention, says John Aaron Hughes of DLA Piper.

  • In Congress: Ticktock

    Richard Hertling

    With five days to go before a government shutdown, the parties are not that far apart, but those differences have proven difficult to resolve, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • Prevent Merger Benefits From Becoming Disabling Conflicts

    Ethan A. Klingsberg

    Given the plaintiffs bar’s heightened focus on conflict allegations against target directors premised on merger agreements, boards of target corporations, when reviewing the protections they are granting themselves, should pay attention to not only the guidance of Riverstone National, but also the arguable legacy of CVS-Caremark, says Ethan Klingsberg of Cleary Gottlieb Steen & Hamilton LLP.

  • Wearable Device Data As Evidence In Employment Cases

    Karla Grossenbacher

    Wearable device data may be the next big thing in the world of evidence for employment cases. Given the nature of the information captured, it is easy to see how this type of data may be relevant to claims of disability discrimination, workers’ compensation and even harassment, say Karla Grossenbacher and Selyn Hong of Seyfarth Shaw LLP.

  • NLRB Grad Student Decision Extends Beyond Unionization

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    Following the National Labor Relations Board's recent ruling allowing teaching and research assistants to unionize, university administrators should take note of the board's aggressive agenda toward employers. Many employment practices that have heretofore seemed common and acceptable are now not in the eyes of the NLRB, says Amy Strauss of Fisher Phillips.