• May 3, 2016

    Legal Ops Pros Embrace Next Generation Of Outsourcing

    When it comes to legal services outsourcing, the iron is hot, according to two pioneers in the legal operations industry who have each developed offshore operations to support their respective businesses.

  • May 3, 2016

    Toyota Dealer Fights For Arbitration At Calif. High Court

    A Los Angeles Toyota dealership urged the California Supreme Court Tuesday to restore a trial court’s ruling sending an employee’s putative discrimination class action to individual arbitration, arguing whether an arbitration agreement permits class claims is a threshold question for the courts, not the arbitrator.

  • May 3, 2016

    Home Depot Night Shift Workers Get Class Cert. In OT Row

    A California federal judge certified an estimated 20,000-strong class of Home Depot employees accusing the big-box retailer of violating California law by failing to pay overtime to state-based employees who worked more than eight hours and past midnight, saying Home Depot's arguments fell short.

  • May 3, 2016

    Uber Wins Arbitration For Drivers In Maryland Wage Suit

    Uber Technologies Inc. beat a proposed class action alleging the company withheld tips and underpaid its drivers when a Maryland federal judge Tuesday sent the dispute to arbitration, in part because the drivers involved could have opted out of arbitration but didn’t.

  • May 3, 2016

    EEOC Taking Title VII Too Far In Trans Case, Court Hears

    A Michigan funeral home urged a Michigan federal court Monday to nix the U.S. Equal Employment Opportunity Commission’s suit alleging it wrongfully fired a transgender employee, saying the agency is trying to stretch Title VII beyond its limits to invalidate all sex-specific dress codes.

  • May 3, 2016

    SEC Completes All Rulemaking Mandated By JOBS Act

    The U.S. Securities and Exchange Commission said Tuesday that it has approved changes to when and how equity securities must be registered in the final rulemaking under the Jumpstart Our Business Startups Act, allowing companies to exclude stocks from SEC registration when held by employees.

  • May 3, 2016

    No Longer Just For Firms, Timekeeping Can Pay Off For GCs

    It's a truth universally acknowledged that when lawyers go in-house, they get to leave behind the tedious law firm practice of tracking their hours — but things are changing. In a metrics-driven world, many law departments are finding value in introducing timekeeping to their in-house counsel.

  • May 3, 2016

    EEOC Warns Employers On Transgender Bathroom Access

    The U.S. Equal Opportunity Employment Commission cautioned employers Monday to make sure they provide transgender workers access to a bathroom that corresponds to their gender identity or risk running afoul of Title VII.

  • May 3, 2016

    Viacom, IMG Say Catsimatidis' GC Can't Own Kids Show Idea

    Viacom and production company IMG on Monday slammed a lawsuit in New York federal court accusing them of ripping off the idea for a new Nickelodeon show starring NFL quarterback Cam Newton from the general counsel of John Catsimatidis’ business empire, who also writes children’s books, saying the idea is “unprotectable.”

  • May 3, 2016

    What Employers Should Know As Election Spurs Online Rants

    With the race for the White House shifting into high gear, millions of Americans are sounding off about the state of the contest on social media. Here, Law360 looks at the things employers need to know to effectively deal with legal issues arising from their workers’ social media barrage.

  • May 2, 2016

    GCs Urged To Show Law Firms A Tough Hand On Diversity

    Corporate legal departments that want to create a “best in class” diversity and inclusion program need to be willing to drop the law firms that refuse to aim for the goals clients lay out for them, law department insiders said Monday.

  • May 2, 2016

    NY Judge Scheindlin Leaves Bench, But Not Public Interest

    Judge Shira Scheindlin gave up her gavel Friday after over 20 years on the New York federal bench. Law360 spoke to the jurist about what she'll miss, her new roles at Stroock & Stroock & Lavan and JAMS, and the importance of her daily walk across the Brooklyn Bridge.

  • May 2, 2016

    Christie Guts Gender Wage Gap Bill

    New Jersey Gov. Chris Christie on Monday conditionally vetoed a bill that would close the wage gap between men and women, objecting chiefly to a provision he said leaves unchecked the amount of back pay an employee can recoup through a discrimination lawsuit.

  • May 2, 2016

    Failed Halliburton-Baker Hughes Deal Was Always A Long Shot

    The decision by Halliburton Co. and Baker Hughes Inc. to scuttle their $34.6 billion merger is the final nail in the coffin for a deal seemingly destined for the graveyard amid fierce resistance from competition regulators, and experts say its failure indicates that large, highly integrated companies aren't ideal merger candidates in the current antitrust environment.

  • May 2, 2016

    UPS Urges 9th Circ. To Kill Consultant's Antitrust Case

    UPS urged the Ninth Circuit on Friday not to revive an antitrust suit brought by a shipping rate negotiator alleging UPS and FedEx had conspired to knock it out of business, saying the consultant couldn’t even define the relevant market in which competition was allegedly eliminated.

  • May 2, 2016

    Stinson Atty, Others Fouled $200M AT&T Unit Deal, Suit Says

    A Stinson Leonard Street LLP attorney covertly worked with his client's business partners to sabotage an at least $200 million deal with an AT&T Inc. unit to develop and market international cellphone SIM cards, according to a suit filed in Texas federal court Friday.

  • May 2, 2016

    High Court Won't Hear Bid To Amend Seattle's $15 Min Wage

    The U.S. Supreme Court on Monday declined to review a bid by the International Franchise Association that it push back the date that Seattle will start requiring franchisees to pay a $15 per hour minimum wage.

  • May 2, 2016

    High Court Preserves Favored Anti-Corruption Tool

    The U.S. Supreme Court on Monday held that people can be convicted of conspiring to violate the Hobbs Act based on an agreement for an official to obtain property from someone else inside the conspiracy, preserving a contested definition of extortion and a favored prosecutorial anti-corruption tool.

  • April 29, 2016

    Dov Charney Can't Ditch Hedge Fund's Leadership Pact Suit

    The Delaware Chancery Court rejected former American Apparel CEO Dov Charney's call to dismiss or stay Standard General’s suit claiming he violated an agreement to remove himself from company leadership, saying Friday it wouldn’t be appropriate to wait on Charney's pending California litigation against the hedge fund and others.

  • April 29, 2016

    1st Circ. Revives USA Today App User's Privacy Class Action

    The First Circuit on Friday revived a USA Today smartphone app user’s putative class action alleging the paper’s parent Gannett illegally collected his browsing data to sell to advertisers, ruling the app user, unlike a website user, is a “subscriber” protected by federal privacy law.

Expert Analysis

  • Employee Safety: When A 'Reasonable Response' Isn’t Enough

    Melody L. Rayl

    What happens when, following a criminal incident, an employer's attempt to beef up on-premise workplace security fails to prevent another occurrence? As one recent Missouri case demonstrates, such measures can ultimately put an organization at greater risk and employers can find themselves on the receiving end of a lawsuit they never saw coming, says Melody Rayl at Fisher & Phillips LLP.

  • Valeant — A Case Study In Rotten Culture And Business Ethics

    Michael Volkov

    The latest poster child for corporate malfeasance is Valeant Pharmaceuticals. The perfect enforcement storm is lining up with Congress, the U.S. Securities and Exchange Commission, and two U.S. attorney’s offices getting ready to aggressively investigate and punish the company and its principal leaders. Valeant is a textbook example of how not to structure corporate incentives and should be examined in every MBA program, says Micha... (continued)

  • Views From The Bench On Sentencing Representation: Part 4

    Alan Ellis

    How can attorneys do better when representing clients at sentencing? Criminal defense lawyer Alan Ellis is interviewing federal judges to find out. This installment features comments from Judge Cynthia A. Bashant of the Southern District of California and Judge Jon D. Levy of the District of Maine.

  • Interpreting Duran V. US Bank In The Aftermath Of Tyson

    Steven D. Allison

    The decisions in Duran v. U.S. Bank and Tyson Foods v. Bouaphakeo seem like mirror images. One approved the use of statistical sampling to establish an employer’s liability, the other rejected the same method in a similar case. But on closer inspection, the U.S. Supreme Court’s reasoning in Tyson is more similar to the California Supreme Court’s in Duran than the outcomes would suggest, say attorneys at Crowell & Moring LLP.

  • Gig Economy: Changes We Need And Changes We Don't Need

    Joseph V. Kennedy

    Many public officials believe that the sharing economy poses novel dangers that require new government powers. This approach is mistaken. Existing regulations give regulators all the authority they need. In some cases, however, existing law needs to be updated — especially labor law, says Joseph Kennedy, a senior fellow with the Information Technology and Innovation Foundation and former chief economist for the U.S. Department of Commerce.

  • 3 Ways Cybersecurity Law In China Is About To Change

    Timothy Stratford

    China’s draft cybersecurity law — which the government is aiming to enact later this year — could have long-lasting impacts on multinationals in the areas of data localization, cross-border data transfer, and security reviews of network products and services, say Timothy Stratford and Yan Luo of Covington & Burling LLP.

  • OPINION: Engaging The Media May Help Your Client

    Liz Mair

    While I am confident that the decisions in Windsor and Obergefell were made on the basis of the dictates of the Constitution, I am also confident that the communications efforts undertaken gave the justices additional comfort to make the right call, and ensured that these decisions were not treated as a Roe v. Wade redux, says Liz Mair, former online communications director for the Republican National Committee and president of Mair Strategies.

  • Leveraging In-House Attys' Reporting Obligations

    Michael W. Peregrine

    The Michigan Attorney Grievance Commission’s recent decision not to pursue six former General Motors in-house counsel for failure to disclose the safety risks of an alleged defective product provides a compelling platform from which boards and senior management can discuss the “reporting up” and “out” obligations of in-house counsel, and how those obligations can best support effective risk oversight practices, say Michael Peregrin... (continued)

  • Using The New Federal Rules To Rein In Discovery

    Martin J. Healy

    The 2015 amendments to the Federal Rules of Civil Procedure present a fertile opportunity for defendants to leverage the rules' renewed focus on reasonableness and proportionality to rein in rampant discovery abuse. Courts' application of the amended rules has already shown promise in this regard, say Martin Healy and Joseph Fanning of Sedgwick LLP.

  • Monitoring Employee Communications: A Brave New World

    Karla Grossenbacher

    Most employers are comfortable with the notion that, with a properly worded policy, they can access employee emails on a company-provided email server. However, what about situations where employees use web-based email, like Gmail or Hotmail, to communicate in the workplace? Using several recent cases as examples, Karla Grossenbacher at Seyfarth Shaw LLP examines an employer’s rights to access and review such communications.