• 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.

  • October 20, 2014

    EEOC Names New Head Of Northwest Offices

    The U.S. Equal Employment Opportunity Commission has announced that the director of its Denver field office will helm the office in Seattle, which has jurisdiction over offices in the Northwest.

  • October 20, 2014

    Agency Needs Input Before Changing Stance, High Court Told

    Federal agencies must accept public input before substantially changing how they interpret regulations, the U.S. Chamber of Commerce and other business groups told the Supreme Court on Thursday, in a case challenging the U.S. Department of Labor's reclassification of mortgage loan officers as overtime-eligible.

  • October 20, 2014

    SEC Whistleblower Head Calls Tipster Identity 'Sacrosanct'

    In part two of a three-part peek behind the scenes of the U.S. Securities and Exchange Commission’s whistleblower office, director Sean McKessy explains how he’s learned to share information both within and outside of the agency without ever compromising the identity of his tipsters.

  • October 20, 2014

    Employers' EEOC Survival Guide: The Investigation

    Employers that aren't careful about how they respond when the U.S. Equal Employment Opportunity Commission comes knocking to investigate discrimination charges can doom their chances for reaching an agreeable settlement and end up on the losing end of a sweeping systemic bias suit. Companies must be cooperative but still think strategically from the very outset, lawyers and the EEOC say. This is the first in a three-article series on navigating the EEOC process.

  • October 20, 2014

    Half US Retail Terminals To Take Chip Cards By 2016: Report

    A group of top financial institutions said Friday that nearly half of U.S. merchant terminals will accept microchip-enabled credit and payment cards by the end of 2015, as a string of data breaches at retailers and restaurants have pushed the industry to adopt more secure payment card technology.

  • October 19, 2014

    IRS Large Business Exams See Domestic Shift, Tax Pros Say

    Since many top officials with backgrounds in international tax have left the Internal Revenue Service's Large Business and International Division over the past year, tax practitioners said Sunday that they see the agency shifting its focus of examinations to concentrate on domestic issues.

  • October 17, 2014

    Senate Urged To Pass Cybersecurity Bill Amid Breaches

    The commission convened to probe the Sept. 11 terrorist attacks is urging the U.S. Senate to immediately enact cybersecurity legislation to boost the sharing of threat information between the private and public sectors, saying recent retail data breaches and Internet security bugs have delivered clear warnings that cannot be ignored.

  • October 17, 2014

    Privacy Regulators Unite In Push For Big Data Transparency

    A coalition of international data protection regulators on Thursday pushed companies to be more transparent about how they are collecting and using vast troves of data being scooped up by emerging technologies such as the “Internet of Things,” while vowing to step up cooperation on enforcement matters.

  • October 17, 2014

    SEC Whistleblower Head To Punish Cos. That Silence Tipsters

    In part one of a three-part peek behind the scenes of the U.S. Securities and Exchange Commission’s whistleblower office, director Sean McKessy says he’s actively pursuing cases against employers who to try to keep whistleblowers from coming forward.

  • October 17, 2014

    The Employer's Survival Guide To Dealing With The EEOC

    When a worker files a U.S. Equal Employment Opportunity Commission bias charge, this sets in motion a unique process that not only can result in costly litigation but also can leave an employer branded as a serial discriminator. Law360 talked to top defense attorneys — as well as the EEOC — and their insights on navigating the investigation, conciliation and litigation stages of the agency process will be the subject of a three-article series that begins Tuesday.

  • October 17, 2014

    Wal-Mart Workers Make Push For $15 Minimum Wage

    Workers at nearly 1,700 Wal-Mart Stores Inc. locations throughout the U.S. have signed on to a push for the retail giant to raise its wage floor to $15 per hour, the United Food and Commercial Workers union said Thursday.

  • October 17, 2014

    Post-Firing Evidence Can Be A Potent Limit On Bias Damages

    A recent Second Circuit ruling that Fujifilm Medical Systems USA Inc. could use evidence turned up after an executive was fired to confirm a nondiscriminatory reason for letting him go marked a rare appellate decision involving "after-acquired" evidence, something that attorneys say can be a potent limitation on damages in employment discrimination suits.

  • October 17, 2014

    Obama Embraces ‘Chip And Pin’ Cards In Cybersecurity Push

    President Barack Obama on Friday signed an executive order aimed at boosting U.S. cybersecurity, including a requirement that all federally issued credit and debit cards come with so-called “chip and pin” technology and that federal government agencies accept such cards.

  • October 16, 2014

    5 Risks Employers Face Dealing With Ebola

    After a second Dallas nurse contracted Ebola and the deadly disease continues to spread in West Africa, employers are facing unprecedented questions about how to keep their workplaces safe and need to carefully navigate around legal land mines, attorneys say. Here are five risks employers should look out for when Ebola questions arise.

  • October 16, 2014

    US Trade Rep Vows To Uphold Standards Amid TTIP Criticism

    U.S. Trade Representative Michael Froman defended the Transatlantic Trade and Investment Partnership talks Thursday, saying critics' worries the deal could weaken food, financial and environmental protections are unfounded as neither the U.S. nor the EU would accept a "race to the bottom."

  • October 16, 2014

    $55B AbbVie Deal Collapse Boosts Anti-Inversion Campaign

    The Obama administration's efforts to curb tax-motivated mergers and acquisitions claimed a huge victory Thursday when U.S. drugmaker AbbVie Inc. backpedaled on a planned $55 billion merger, a move that exposes both the rising risk tied to tax-inversion deals and the threat that others could crumble.

Expert Analysis

  • 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.

  • Inside Delaware's New Laws On Destroying Consumer Info

    Sharon Klein

    When companies that conduct business in Delaware make their 2015 New Year’s resolutions, they should be sure to add compliance with two new laws that create potential liability for companies that fail to properly destroy records or documents that contain personal identifying information, say Sharon Klein and Stephen Jenkins of Pepper Hamilton LLP.

  • Del. Clarifies Approach To Derivative Suits In Insolvency

    Brad Eric Scheler

    Before the Delaware Supreme Court’s landmark Gheewalla ruling, application of the business judgment rule to actions by directors of insolvent companies had been controversial, given the concern that directors might be inclined to engage in high-risk strategies while creditors bear the risk of failure. A recent Chancery Court decision highlights this concern, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.

  • Tug-Of-War: Attorney-Client Privilege Vs. Deposition

    There is an inherent tension between the process of preparing a corporate representative to testify and the protections usually afforded by attorney-client privilege. Judicial decisions addressing these tensions are limited and, as of yet, the Federal Circuit Courts of Appeals do not appear to have weighed in on these issues in any meaningful way, say Vanessa Miller and Nicholas Ellis of Foley & Lardner LLP.

  • CAFA Removal Procedure At Center Stage In Dart Cherokee

    Archis A. Parasharami

    If Public Citizen's amicus brief in the U.S. Supreme Court case Dart Cherokee Basin Operating Co. v. Owens is correct in arguing that an appellate court can insulate questions arising under the Class Action Fairness Act from Supreme Court review by denying leave to appeal then that will create perverse incentives for lower courts and may hamper the development of uniform rules governing CAFA removals, says Archis Parasharami of Mayer Brown LLP.

  • Workplace Tasks On Trial In Integrity Staffing Arguments

    Nicholas Woodfield

    Oral arguments at the U.S. Supreme Court in Integrity Staffing Solutions Inc. v. Busk concerned whether various tasks were closely tied to the core ingress and egress concerns of the Portal-to-Portal Act, and elided the questions of time spent and employer motivation, say Nicholas Woodfield and R. Scott Oswald of The Employment Law Group PC.