Corporate

  • July 1, 2015

    5 Tips Every Co. Should Know About Calif.’s Sick Leave Law

    With California’s paid sick leave mandate taking effect Wednesday, employers need to think carefully about how they provide and track employee sick days and when they deny a request for leave, or risk administrative fines and retaliation claims, according to lawyers. Here, attorneys offer five tips to make sure employers are following the new state law.

  • July 1, 2015

    SEC Clawback Plan To Create Enforcement Nightmares

    In newly unveiled plans to force public companies to recoup executive pay after a restatement, the U.S. Securities and Exchange Commission would force companies to overhaul their current clawback procedures while placing them in a quandary over how to enforce the stiff measures.

  • July 1, 2015

    Disney Cuts Deal With 4,500 Ex-Workers Over Vacation Pay

    A California judge on Wednesday approved a deal by two units of The Walt Disney Co. ending putative class actions alleging 4,500 resort and theme park workers lost out when the companies miscalculated how much vacation pay exiting workers were owed.

  • July 1, 2015

    Top 15 High Court Employment Rulings Of The Past 15 Years

    The U.S. Supreme Court has handed down a bevy of opinions in labor and employment cases since 2000, tackling everything from the nuances of discrimination law to class action requirements to the validity of presidential recess appointments and underscoring the significance of workplace law to the American economy. Here, Law360 ranks the top 15 high court employment decisions from the past 15 years.

  • July 1, 2015

    NLRB Expands Union Access To Employee Witness Statements

    The National Labor Relations Board has decided to adopt a new standard for a union’s access to an employer’s witness statements, nixing a blanket exemption on mandatory disclosure in favor of a more nuanced approach that assesses an employer’s confidentiality interests.

  • July 1, 2015

    Ex-Sony Employees Seek Class Cert. In 'Interview' Row

    Former Sony Pictures Entertainment Inc. employees sought class certification Tuesday in their California federal suit claiming its negligence caused a massive data breach, purportedly carried out by North Korean hackers in retaliation for a movie in which Kim Jong Un is assassinated.

  • July 1, 2015

    Delaware's 2015 Dominated By Fee-Shifting Fervor

    The first half of 2015 was eventful in Delaware, with a battle over fee-shifting in shareholder litigation boiling over from the courts to the capitol, the Delaware Supreme Court limiting suits against independent directors, and a former state high court justice joining a powerhouse firm. Here, Law360 runs down the major developments of the first half of the year and looks ahead to how they might continue to play out.

  • July 1, 2015

    EEOC Designates New Chiefs For Chicago, SF Districts

    The U.S. Equal Employment Opportunity Commission has tapped two longtime agency attorneys to take charge of the agency's district offices in Chicago and San Francisco, EEOC chair Jenny R. Yang has announced. 

  • July 1, 2015

    The Biggest Employment Cases Of 2015: Midyear Report

    With 2015 halfway done, the employment litigation landscape has already seen several big decisions in the appellate courts, from a Second Circuit ruling on the limits of class certification to the Colorado Supreme Court’s decision about firing a worker who used medical marijuana. Here, Law360 takes a look back at the key 2015 decisions employment attorneys need to know.

  • July 1, 2015

    SEC Proposes Stiff New Exec Pay Clawback Measures

    A divided U.S. Securities and Exchange Commission on Wednesday proposed stiff new requirements that would require publicly traded companies to claw back some bonuses and other incentive-based pay from executives in the event of an accounting restatement, regardless of whether they were at fault.

  • June 30, 2015

    Apple E-Books Court Sticks Landing With Tough Antitrust Test

    Despite a sharply critical dissent arguing for the use of a looser test to determine liability, antitrust experts say the Second Circuit's decision Tuesday to apply the tougher per se standard to keep Apple on the hook for e-book price-fixing was the right call.

  • June 30, 2015

    Final OT Rule May Go Beyond Salary Hike, Lawyers Say

    The U.S. Department of Labor's newly proposed rule to expand overtime pay protections won plaudits from worker advocates, but some management-side lawyers warned that the final version could contain changes to the duties tests for overtime eligibility that weren't pitched when the proposal was unveiled Tuesday.

  • June 30, 2015

    Citing Tibble, 11th Circ. Revives SunTrust ERISA Suit

    The Eleventh Circuit on Tuesday revived two putative class actions accusing SunTrust Banks Inc. of unfairly compromising its employees' retirement plans by allegedly selecting poorly performing mutual funds managed by its own affiliates in light of the U.S. Supreme Court's recent Tibble ruling.

  • June 30, 2015

    Naked Shorts Suit Gives High Court Chance To Curb States

    In agreeing to hear a case about naked short selling, the U.S. Supreme Court on Tuesday put itself in a position to establish the extent to which federal securities laws preempt certain state-based claims and, in doing so, may further curtail state securities suits.

  • June 30, 2015

    Amazon Says FTC's Discovery Bid Violates Privacy

    Amazon.com on Monday shot back at the Federal Trade Commission’s bid to compel the Internet giant to disclose the names of “potentially thousands” of its customers in the agency’s suit challenging charges for children’s in-app purchases, saying the FTC’s request would needlessly violate customers’ privacy.

  • June 30, 2015

    Chamber, AILA Say New H-2B Rule Harms Small Businesses

    The U.S. Department of Labor’s new regulations governing the certification process for H-2B visa workers make an already complex process more complicated, hurting small businesses in the process, the American Immigration Lawyers Association and the U.S. Chamber of Commerce argued Monday.

  • June 30, 2015

    Apple Conspired To Fix E-Book Prices, 2nd Circ. Rules

    The Second Circuit on Tuesday rejected Apple Inc.'s challenge to a ruling that it orchestrated a plot among five of the nation's biggest publishers to hike the price of e-books, handing a victory to the U.S. Department of Justice.

  • June 30, 2015

    High Court To Hear Merrill Lynch Naked Short Selling Suit

    The U.S. Supreme Court on Tuesday granted an appeal from Merrill Lynch, UBS Securities LLC and other financial institutions over a shareholder suit alleging they engaged in illegal and manipulative “naked” short selling.

  • June 30, 2015

    Labor Department Unveils Massive Overtime Expansion Plan

    The U.S. Department of Labor unveiled a proposed rule Tuesday that would broaden federal overtime pay regulations to cover nearly 5 million more people and raise the minimum salary threshold required to qualify for the Fair Labor Standards Act's “white collar” exemption to $50,440 per year.

  • June 29, 2015

    Small Biz Group Urges Repeal Of IRS Health Care Rule

    The National Federation of Independent Business on Monday lashed out at the IRS over a “schizophrenic” rule that penalizes small businesses that choose to compensate employees for health care-related expenses rather than provide group health insurance, throwing its weight behind repeal efforts in Congress.

Expert Analysis

  • Top 3 Cybersecurity Misconceptions

    Cybersecurity is an issue that should be top-of-mind for all companies. But there are three misconceptions that can put companies at significant risk. In this video, Foley & Lardner LLP partner Michael Overly discusses these misconceptions and how companies should change their approaches to cybersecurity.

  • DOJ Sends Warning To Political Campaigns And Super PACs

    Robert Higdon

    It doesn’t get much worse than having your mother lie for you, being turned in by your own party and receiving an active federal prison sentence. But, while all the political operatives in the country get a good laugh at Tyler Harber’s expense, we should not miss the importance of the prosecution. It is the first of many investigations into the world of big money politics, says Robert Higdon, a partner at Williams Mullen and former... (continued)

  • Proxy Access In 2015 And Beyond

    Marc S. Gerber

    While the 2015 annual meeting season is still winding down, there is no doubt that proxy access has gained considerable momentum and will remain a front-and-center corporate governance issue for the foreseeable future. For the many companies that were bystanders on the issue this proxy season, the question will be whether to act now or wait and watch for further developments, say Marc Gerber and Richard Grossman of Skadden Arps Sla... (continued)

  • A Few Lessons From FCPA Trial Of Ex-PetroTiger CEO

    Marsha Gerber

    The trial of former PetroTiger Ltd. CEO Joseph Sigelman came to an abrupt end last week after prosecutors agreed to a plea agreement that appears to include terms favorable to the ousted executive. The case garnered widespread interest in part because criminal Foreign Corrupt Practices Act cases are rarely tried — this was only the fourth FCPA prosecution in as many years to progress all the way to trial, say attorneys with Norton Rose Fulbright.

  • Capital Allocation Strategies For Audit Committee Members

    James B. Carlson

    Audit committees must consider when adequate capital returns will be assessed, measured and then the subject of a corporate decision. An aphorism at Google — “fail fast” — distills the concept of boldly allocating capital, but then also boldly deciding when a capital allocation has been misspent and should be discontinued, says James Carlson of Mayer Brown LLP.

  • High Hurdles Remain For Texas Derivative Plaintiffs

    Jeffrey R. Elkin

    The Supreme Court of Texas plainly seems to believe that its decision in Sneed v. Webre endorses an “easier” path for a shareholder in a closely held corporation to enforce its rights and protect the value of its ownership interests. However, while the business judgment rule will not be a bar to standing, it remains a high hurdle to any ultimate recovery for derivative plaintiffs, says Jeffrey Elkin of Porter Hedges LLP.

  • 3 Potential Consequences Of Losing Rule 84 And The Forms

    Leeron Morad

    As Dec. 1 approaches, prospective plaintiffs involved in patent disputes would do well to consider the pending changes to Federal Rule of Civil Procedure 84 and the Appendix of Forms when deciding when to file complaints and what to allege, say Leeron Morad and Andrew Bramhall of Quinn Emanuel Urquhart & Sullivan LLP.

  • Multinational Cos. Caught In International Tax Crossfire

    Tim Wach

    Chief financial officers of multinational enterprises are finding themselves increasingly in difficult positions on the tax front, whether that is because of changes coming from the base erosion and profit-shifting initiative or “rogue” national changes like the U.K. diverted profits tax. It’s not surprising that 80 percent of CFOs in a recent survey stated that initiatives to reform the international tax architecture are desirable... (continued)

  • Best Practices For Avoiding Spoliation

    Paul D. Steinman

    Motions for sanctions based on spoliation of evidence have become increasingly common, and a company that is not prepared to defend against a claim of spoliation may find itself forced to choose between an unfavorable settlement offer or the imposition of sanctions that could prevent it from prevailing on its claims or defenses, say Paul Steinman and Thomas Sanchez of Eckert Seamans Cherin & Mellott LLC.

  • 2015 Legislative Changes To Florida's LLC Act

    Philip B. Schwartz

    During the 2015 legislative session, the Florida Legislature adopted amendments to the Florida Revised Limited Liability Company Act. Philip Schwartz and Andrew Schwartz at Akerman LLP highlight some of the major changes and their impact on Florida LLCs.