Corporate RSS

  • April 22, 2014

    FTC Urged To Reject Candidate For COPPA Safe Harbor Role

    The Center for Digital Democracy on Monday shot back at the Internet Keep Safe Coalition's bid to become the seventh safe-harbor provider under the Children's Online Privacy Protection Act rule, telling the Federal Trade Commission that the nonprofit lacks the expertise to run a robust program.

  • April 22, 2014

    The Accidental Advocate: Judge John E. Jones III

    Pennsylvania Middle District Judge John E. Jones III talks to Law360 about the surreal aftermath of his divisive ruling against intelligent design as he prepares for yet another potentially explosive trial over Pennsylvania's same-sex marriage ban.

  • April 22, 2014

    Cybercriminals Outpacing Security Measures, Report Says

    Although retailers, banks, law firms and other companies have worked hard to bolster their cyberdefenses, a new report set for release Wednesday found that cybercriminals and so-called hacktivists have become even better at cracking those defenses in 2013.

  • April 22, 2014

    Trade Issues Between US, Japan Persist As Obama Trip Nears

    Ahead of a meeting Thursday between President Barack Obama and Japan's Prime Minister Shinzo Abe, considerable gaps remain in the American and Japanese positions on trade issues that, if resolved, could pave the way for a broad trade pact among Pacific Rim nations.

  • April 22, 2014

    Telecommuting May Be Reasonable For Ford Worker: 6th Circ.

    Stressing that technology has made telecommuting easier, the Sixth Circuit on Tuesday revived the U.S. Equal Employment Opportunity Commission's claims that Ford Motor Co. had failed to accommodate a worker with irritable bowel syndrome by letting her work from home most days.

  • April 22, 2014

    Houston Mayor Introduces Human Rights Law

    Houston Mayor Annise Parker Monday on Monday released a draft of a human rights law that would protect residents, workers and visitors in the city from discrimination on the basis of sexual orientation, race and religion in housing, employment and public venues.

  • April 22, 2014

    6th Circ. Backs FTC In ProMedica 'Hail Mary' Merger Appeal

    The Sixth Circuit on Tuesday upheld the Federal Trade Commission's decision blocking ProMedica Health System Inc. from merging with another Ohio hospital, calling ProMedica's bid to defend the deal by pointing to its rival's financial struggles a doomed "Hail Mary pass."

  • April 22, 2014

    2nd Circ. Questions 'Amorphous' Insider Trading Law

    The U.S. government's years-long insider trading crackdown hit a potential snag on Tuesday, as a Second Circuit panel sharply questioned its legal theory that recipients of inside tips can be found guilty even if they didn’t know that the tipper received a personal benefit.

  • April 22, 2014

    NY AG Inks Pact To Stem Bed Bath & Beyond Hiring Bias

    New York Attorney General Eric T. Schneiderman on Tuesday struck a deal with Bed Bath & Beyond Inc. that will require the home goods retail giant to adhere to state laws barring the automatic disqualification of job seekers based solely on prior criminal convictions.

  • April 21, 2014

    5 Tips For Managing The ADA's Interactive Process

    The Americans with Disabilities Act's requirement that employers engage in an interactive process with disabled workers to figure out accommodations that will allow them to perform their jobs can be a challenge, demanding patience, flexibility and a case-by-case approach. 

  • April 21, 2014

    End To UAW Row A Tactical Retreat In Labor's Push South

    The United Auto Workers' unexpected decision Monday to drop its efforts to get the National Labor Relations Board to set aside its loss in a representation election at Volkswagen AG's Chattanooga, Tenn., plant marks a victory for the politicians the union accused of interfering in the election, but labor law experts say it doesn't mean the UAW is giving up its fight to make inroads in the South — or even at the VW facility.

  • April 21, 2014

    CVS Blasts EEOC Suit Over 'Run Of The Mill' Contract Terms

    CVS Pharmacy Inc. on Friday asked an Illinois federal judge to toss the U.S. Equal Employment Opportunity Commission's lawsuit over the company's severance agreement, saying that despite the novel theory the agency is testing, the “run-of-the-mill agreement” does not violate the law.

  • April 21, 2014

    Google, Apple Urge Higher Bar In Employee Poaching Suit

    Software engineers accusing Google Inc., Apple Inc. and other major technology companies of agreeing not to hire each other's employees should have to clear the tougher rule-of-reason bar to make their antitrust claims stick, instead of the per se standard, the companies said Friday.

  • April 21, 2014

    Pension Plan Use Still Lagging Despite Lure Of Tax Perks

    Even after lawmakers altered pension tax laws to incentivize the use of private sector pension plans, the use of employer-sponsored pension plans has steadily declined since 2000, according to a U.S. Government Accountability Office report released Monday.

  • April 21, 2014

    Wal-Mart's Trespass Suit Against Texas Unions Kept Alive

    A Texas appeals court held Thursday that Wal-Mart Stores Inc. can move forward with a trespass suit against union groups that organized allegedly confrontational labor demonstrations, denying the unions' request to have the suit thrown out on free speech grounds.

  • April 21, 2014

    US, Japan Must Close TPP Gaps, Biz Groups Say

    American and Japanese business groups on Monday urged the U.S. and Japan to resolve contentious issues in negotiations for the Trans-Pacific Partnership, days after top trade officials cited continuing gaps in the two countries' positions on automotive and agricultural trade concerns.

  • April 21, 2014

    UAW Drops Appeal Of Union Election At Tenn. VW Plant

    The United Auto Workers ended its appeal of a representation vote at Volkswagen AG's Chattanooga, Tenn., plant on Monday, saying it was choosing to focus on job creation rather than trying to obtain a new election through the National Labor Relations Board's "historically dysfunctional" process.

  • April 18, 2014

    Whistleblower Wants High Court's Stance On Leave To Amend

    A whistleblower has asked the U.S. Supreme Court to revive a False Claims Act suit against Takeda Pharmaceutical Co. Ltd. after the First Circuit upheld the suit's dismissal, arguing the case presents a circuit split on when a plaintiff can seek leave to amend a complaint.

  • April 18, 2014

    Beefed-Up Patent Troll Bill Being Eyed By Senate

    Members of the Senate Judiciary Committee are still hashing out language for legislation aimed at cracking down on so-called patent trolls, but a draft version of amendments under consideration made public Friday suggests the measure could resemble a sweeping bill passed by the House.

  • April 18, 2014

    UPMC's Estimate Of Data Breach Victims Skyrockets To 27K

    The University of Pittsburgh Medical Center said on Thursday that up to 27,000 of its employees could have been affected by a security breach that has already resulted in hundreds of false tax returns being filed under workers' names.

Expert Analysis

  • Mandatory Pro Bono Is Not The Answer For Practitioners

     Amanda D. Smith

    The State Bar of California has decided to follow New York's lead and require prospective attorneys to record 50 hours of pro bono service in order to be eligible for admission. While we applaud the intentions behind these initiatives, there are a number of reasons why state bars should limit any mandatory pro bono requirement to this context, rather than extend it to licensed attorneys as some have suggested, say attorneys with the Association of Pro Bono Counsel.

  • Plaintiff Firms Continue Targeting Annual Meeting Proxies

    Gerard G. Pecht

    In what has become an annual rite of springtime, shareholder plaintiff lawyers are once again targeting Schedule 14A annual meeting proxy statements that include proposals on executive compensation, requirements for tax deductibility of performance-based compensation, and other issues requiring shareholder action. Fortunately for issuers, these types of claims usually fare poorly when plaintiffs are forced to defend them in court, say Gerard Pecht and Peter Stokes of Norton Rose Fulbright LLP.

  • Earth Day And The Evolution Of Environmental Law

    Timothy J. Bergere

    Since 1970, environmental lawyers have been immersed in a myriad of federal, state and local environmental laws and regulations, beginning with the National Environmental Policy Act. As the movement has grown, Earth Day has become a placeholder for the idea that we can better manage our environment, and in the legal community, it reminds us that we must continue advancing the law with the goal of a cleaner environment in mind, says Timothy Bergere of Montgomery McCracken Walker Rhoads LLP.

  • Paycheck Fairness Act Would Have Drastic Consequences

    Paul H. Kehoe

    Should the Paycheck Fairness Act ever pass the Senate, employers would face a drastically changed landscape regarding both compensation decisions and litigation. The included measures would provide the plaintiffs bar with more bargaining power in pay discrimination claims, regardless of the merits or the employees' interest in participation, says Paul Kehoe of Seyfarth Shaw LLP.

  • How To Incentivize Management Across The Pond

    James Ross

    As the buyout market in the United Kingdom heats up, having a good understanding of the nuances of the tax regime and keeping on top of developments in market practice are key to ensuring U.S. private equity investors appear attractive in competitive processes. Remember, any sophisticated adviser will warn management against accepting U.S.-style stock options, and the U.K. market has developed a number of more tax-efficient incentives, which must be considered, say James Ross and Eleanor West of McDermott Will & Emery UK LLP.

  • Activist Investors — Brace Yourselves For 13D Changes

    Perrie Michael Weiner

    The U.S. Securities and Exchange Commission is turning more aggressive attention toward shareholder activists, and the issue of revising the Schedule 13D timetable is alive once again, largely due both to a recent media report and its confluence with another event — the news that such a measure has the support of perhaps the preeminent juridical voice in American corporate law, Delaware Supreme Court Chief Justice Leo E. Strine Jr., say Perrie Michael Weiner and Patrick Hunnius of DLA Piper.

  • Good News For South Fla. Ponzi Schemers?

    Lawrence A. Kellogg

    In its effort to protect public companies and legitimate businesses in general, the U.S. Supreme Court appears to be overlooking the effect its rulings are having on those for whom the fraud provisions of the securities laws were designed to protect. Should the court ring the death knell on class action securities cases, the South Florida climate for Ponzi schemers and other fraudsters will become better than ever, says Lawrence Kellogg, a founding partner of Levine Kellogg Lehman Schneider & Grossman LLP.

  • Baidu Ruling Reinforces Search Engine Immunity

    Joshua Fowkes

    The ruling by the Southern District of New York in Zhang v. Baidu strongly supports the principle that search engines and e-commerce sites are immune from legal claims based on how they retrieve, present and rank information and products. This result is particularly important because high rankings on Google, Amazon and other powerful search engines are critical for companies conducting e-commerce, says Joshua Fowkes of Arent Fox LLP.

  • Heartbleed Rains On The Legal Cloud Parade

    David Houlihan

    While the actual breaches are unknown, Heartbleed has the potential to expose all of a lawyer's files stored or transmitted online. The bug raises professional responsibility questions and offers confirmation of the greatest anxieties that the legal industry has about online practice. In fact, the timing is poor for many legal tech providers, following a general industry warming to cloud offerings, says David Houlihan of Blue Hill Research Inc.

  • A New Approach To Classified Corporate Boards

    Philip Richter

    As institutional investors and proxy advisory firms push forward with the declassification movement, corporate governance constituencies might consider developing a modified classified board structure that could result in preserving the structure’s value-enhancing benefits while addressing shareholders’ concerns about board accountability, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.