• September 30, 2014

    Execs Can't Skirt Blame For Privacy Missteps, FTC Atty Warns

    A senior Federal Trade Commission attorney on Tuesday cautioned corporate executives that they can be held personally liable for false advertising and privacy violations tied to their businesses, pointing to the recently affirmed $163 million judgment against an executive at a company the commission accused of running a "scareware" scheme.

  • September 30, 2014

    Burden Of DOL Rules May Send Contractors Packing

    The Labor Department's proposed rule requiring pay transparency for federal contract employees comes as part of a string of new labor-related requirements that could drive some smaller contractors out of the business but only require minimal changes from their larger counterparts, some attorneys say.

  • September 30, 2014

    Privacy Groups Slam FTC Over COPPA Enforcement

    Two advocacy groups lashed out at the Federal Trade Commission on Tuesday for its “lax oversight” of the Children’s Online Privacy Protection Act, demanding the regulator reject a Pennsylvania company’s proposal for a service that streamlines the parental consent process for games and other mobile apps to collect data from children.

  • September 30, 2014

    De Blasio Broadens NYC's 'Living Wage' Provision

    Mayor Bill de Blasio on Tuesday signed an order that will increase New York City’s “living wage” provision to more than $13 per hour and extend it to workers at commercial establishments that receive more than $1 million in city subsidies.

  • September 30, 2014

    SF Mulls Predictable Work Schedule For Retail Workers

    A San Francisco lawmaker introduced proposed ordinance on Tuesday that would require retail and restaurant chains operating within the city to provide their employees greater predictability in their work schedules.

  • September 30, 2014

    Seattle Defends $15 Minimum Wage Law’s Franchise Approach

    Opposing a request to block the implementation of a $15 minimum wage law, Seattle argued in a Monday filing that the legislation’s approach to certain franchisees does not violate federal laws as such businesses benefit more from the marketing and trademarks of big brands.

  • September 30, 2014

    Calif. Gov. Signs New Data Breach Law

    Amid the flurry of high-profile intrusions at Target Corp., Home Depot Inc., SuperValu Inc. and a host of other retailers, California Gov. Jerry Brown on Tuesday signed legislation that will require companies that handle customer data to provide identity theft prevention services in the event of a breach.

  • September 29, 2014

    SuperValu, Albertsons Spot Second Data Breach

    SuperValu Inc. said Monday a hacker installed malware on computer systems in some Albertsons stores and others in the chain, gaining access to customer payment information in the second breach of the grocer’s payment systems in as many months.

  • September 29, 2014

    3 Firms Are GC Faves For Class Action Litigation

    With corporate counsel expecting to boost spending on defending class actions more than on any other litigation area in 2015, three firms stand to reap outsize benefits as the most sought-after players in the field, according to a new survey.

  • September 29, 2014

    3 Firms Dominate In IP Litigation, GCs Say

    Finnegan Henderson Farabow Garrett & Dunner LLP, Fish & Richardson PC and WilmerHale are the top three firms that in-house counsel turn to in high-stakes intellectual property litigation, having earned trust through unparalleled technical expertise and winning track records, according to a new survey.

  • September 29, 2014

    5 Firms Are GC Faves For Employment Litigation

    As hot-button employment and labor issues such as wage-and-hour actions continue to dominate companies' concerns, in-house counsel named five firms as the legal representation they would most want to guide them through litigation.

  • September 29, 2014

    FTC's Brill Says Attys Too Involved In New Privacy Notices

    Federal Trade Commissioner Julie Brill on Monday urged technologists and other "creative people" to play a larger role in developing innovative privacy disclosures for emerging technologies such as Web-connected devices, saying she was concerned that lawyers are doing too much to shape the discussion.

  • September 29, 2014

    Legal Tide Favors EEOC Stance On Transgender Bias

    With suits alleging discrimination against transgender employees, the U.S. Equal Employment Opportunity Commission for the first time pushed into litigation its stance that gender identity bias violates civil rights law, a position that attorneys say marks a natural progression from prior gender identity cases that courts will likely take up.

  • September 29, 2014

    Dealmakers Q&A: Faegre Baker's Douglas Wright

    The Public Company Accounting Oversight Board has added a whole new dimension of requirements — and fear — for public accounting firms, which are being foisted upon public companies. This is another example of a few bad apples like Enron and WorldCom creating a crushing regulatory environment for thousands of other well-meaning companies, says Douglas Wright of Faegre Baker Daniels LLP.

  • September 26, 2014

    Deal Rejected In Abercrombie Shareholder's CEO Pay Suit

    An Ohio federal judge on Friday rejected retailer Abercrombie & Fitch Co.’s settlement with a shareholder who accused company directors of violating their fiduciary duties by failing to link CEO pay with performance and other lapses, saying the plaintiff hasn’t shown the deal is fair.

  • September 26, 2014

    Calif. PAGA Ruling Flouts Concepcion, Supreme Court Hears

    CLS Transportation Los Angeles LLC has urged the U.S. Supreme Court to review the California high court's landmark Iskanian ruling, which held that Private Attorneys General Act claims can’t be waived in employment arbitration deals, saying the state high court's decision failed to fully implement the precedent set by AT&T Mobility LLC  v. Concepcion.

  • September 26, 2014

    Enviro Cases To Watch As Supreme Court Term Kicks Off

    If the U.S. Supreme Court’s last term was a party packed with big environmental rulings, the 2014 term is the muted morning after. Still, the high court will hear cases that could affect environmental litigation and consider important petitions regarding mercury and other emissions. Here, Law360 looks at the top environmental cases headed for the court.

  • September 26, 2014

    2nd Circ. Could Resurrect Zombie SEC Whistleblowers

    The U.S. Securities and Exchange Commission will go before the Second Circuit on Monday seeking to convince three judges it was right to limit access to its whistleblower program. If it fails, the agency could be forced to pay bounties to a host of tipsters who came to it before the Dodd-Frank Act was passed.

  • September 26, 2014

    Jimmy Johns Breach May Have Hit Over 100 Other Eateries

    Signature Systems Inc., the point-of-sale vendor associated with a recent data breach at 216 Jimmy John’s stores, released a statement Friday warning that credit card information for customers who dined at more than 100 other independent restaurants using the same payment system might have been compromised.

  • September 26, 2014

    HP-Autonomy Judge Rips Investor Deal’s ‘Staggering’ Release

    A California federal judge on Friday once again cast doubt on Hewlett-Packard Co. shareholders' proposed settlement in their derivative suit over HP's disastrous $11.1 billion Autonomy Corp. acquisition, calling the potential release of claims against HP “staggering in its breadth.”

Expert Analysis

  • And Now A Word From The Panel: ABCs Of JPML Practice

    Alan E. Rothman

    This week, as the Judicial Panel on Multidistrict Litigation embarks on a rare October hearing, we cannot resist mentioning an intriguing MDL petition that involves local rules governing attorney admission and several lawsuits naming members of the federal judiciary — including a JPML member who is also a D.C. district court judge, says Alan Rothman of Kaye Scholer LLP.

  • DOJ Proposal Shows Focus On Individuals In Corporate Crime

    Helen Cantwell

    The U.S. Department of Justice's proposal to import Park liability to financial crimes would require legislative action and is unlikely to gain traction for other reasons. Nevertheless, it is significant that the attorney general considers such liability for financial executives to be desirable, say attorneys with Debevoise & Plimpton LLP.

  • Should FIRREA Whistleblower Bounties Be Higher?

    Andrew W. Schilling

    The Financial Institutions Reform, Recovery, and Enforcement Act’s whistleblower bounties at False Claims Act levels could lead to absurdly high and wastefully excessive awards. At the same time, U.S. Attorney General Eric Holder may be right when he suggests that awards capped below annual bonuses may not be enough to encourage confidential reporting by well-placed Wall Street insiders, says Andrew Schilling of BuckleySandler LLP.

  • Use Economic Analysis To Fight Class Certification

    Charles Fields

    Boelk v. AT&T Teleholdings Inc. provides a constructive example of the value of expert testimony at the class certification stage in a wage and hour matter, say Charles Fields and Erica Blom of Edgeworth Economics LLC.

  • Saving Face: DOJ Prosecutes Executives Over Corporations

    Peter R. Zeidenberg

    Feeling the sting from criticism over its failure to prosecute individuals responsible for the 2008 financial crisis, the U.S. Department of Justice is now shifting its prosecutorial priorities — the DOJ will no longer focus on the corporate entity, now it will target corporate executives responsible for the misconduct of their companies, says Peter Zeidenberg of Arent Fox LLP.

  • Shifting The Costs Of Complying With A Rule 45 Subpoena

    Shailendra Maheshwari

    Companies are routinely served with subpoenas for litigation in which they are not parties. In some instances, a company may be able to shift certain costs and fees associated with compliance to the party issuing the subpoena by taking advantage of recent appellate and district court decisions, say Shailendra Maheshwari and Sarah Eskandari of Dentons.

  • FCA Particularity Requirements Are Relaxed Further

    Katharine R. Ciliberti

    Thayer v. Planned Parenthood of the Heartland may ease the pleading standards for False Claims Act cases by eliminating the need to plead specific examples of false claims as long as plaintiffs can provide some detail of the scheme, along with reliable indicia that claims were actually submitted, say attorneys at Jenner & Block LLP.

  • Corporate Probation May Follow An Antitrust Conviction

    Steven Kowal

    When a company has been convicted for a criminal antitrust offense, the Antitrust Division of the U.S. Department of Justice now may seek to impose the significant burdens of corporate probation in addition to enormous monetary fines and incarceration for senior executives. This is a major policy shift, say Steven Kowal and Lauren Norris of K&L Gates LLP.

  • Opportunities And Pitfalls In The Legal Cloud

    David Houlihan

    Like "big data" and other effective software marketing buzzwords, “cloud” makes something that is very complex sound simple — and even friendly. Most attorneys are not prepared to dig into the distinctions between public, private and hybrid cloud models, or the niceties of how or where their data is transmitted and stored, says David Houlihan of Blue Hill Research Inc.

  • Workplace Civility Is Dead And The NLRB Killed It

    Aurora V. Kaiser

    Federal appellate courts will likely review several "courtesy cases" decided by the National Labor Relations Board given its defense of disruptive activity in the workplace under Section 7 of the National Labor Relations Act — a defense the NLRB may not be able to fully harmonize with other workplace obligations and interests, says Aurora Kaiser of Morrison & Foerster LLP.