Data protection regulators from the European Union and Asia-Pacific Economic Cooperation on Thursday stepped up efforts to find common ground on vastly different privacy regimes, releasing a tool to help companies reconcile principles in the regions and an agreement to boost enforcement cooperation between the U.S. and U.K.
A Fourth Circuit panel found Thursday that a company can have a racial identity and sue for racial discrimination, siding with a minority-owned Virginia contractor claiming a municipal housing authority discriminated against it while working on a public housing project.
Home loan company Network Capital Funding Corp.'s efforts to force a former worker to arbitrate would-be class claims on an individual basis rendered an arbitration agreement unlawful even though the pact had no explicit class waiver, a National Labor Relations Board judge said Wednesday.
The Minnesota House on Thursday overwhelmingly supported a plan to repeal $232 million in business-to-business taxes enacted just last year and additional reforms that would align the state's tax laws with the federal tax code, which would result in additional tax cuts for individuals.
With religious discrimination claims on the rise, the U.S. Equal Employment Opportunity Commission released new informal guidance on Thursday reminding employers of their responsibility to accommodate workers' religious grooming or garb practices under Title VII.
A group of more than 500,000 restaurants on Thursday slammed the U.S. Department of the Treasury’s recently finalized reporting requirements related to the Affordable Care Act’s employer mandate, saying they are overly burdensome.
Treasury Secretary Jack Lew on Thursday faced off against House Ways and Means Chairman Dave Camp in a congressional hearing where the two exchanged fire about competing vision for tax reform.
A coalition of more than 1,400 businesses and organizations, including Wells Fargo Bank, the American Bankers Association, the YMCA and Arnold & Porter LLP, urged the House Ways and Means Committee on Thursday to pass legislation extending the New Markets Tax Credit.
Although the new Blackphone and its futuristic security features may be an attractive option for companies looking to protect information from prying governments and hackers, attorneys warn that the virtually untraceable device could also make it harder for employers to uncover misconduct in their ranks and comply with discovery during litigation.
The U.S. Supreme Court's ruling Tuesday that the Sarbanes-Oxley Act whistleblower protections extend to private contractors for public companies means that some employers who thought they'd never have to worry about SOX were wrong.
The National Labor Relations Board's recently reproposed rules aimed at streamlining union elections would introduce time constraints that would make it difficult for employers to get the legal advice they need to respond to an organizing campaign, a Jones Day partner told a congressional committee Wednesday.
The U.S. Supreme Court justices Wednesday appeared open to a compromise during oral arguments on Halliburton Co.’s highly anticipated bid to overturn the fraud-on-the-market theory, with their questions suggesting a reluctance to toss the 25-year-old statute outright but signaling a willingness to make some changes.
By deferring to Washington-based arbitrators who handled BG Group PLC and Argentina's dispute over a $181 billion arbitration award, the U.S. Supreme Court on Wednesday eased concerns that U.S. courts would have free rein to second-guess procedural decisions made by U.S.-based arbitration panels in bilateral investment treaty disputes.
The Obama administration on Wednesday streamlined reporting requirements related to the Affordable Care Act’s employer mandate, consolidating certain forms and offering to relax expectations for businesses that keep premiums low.
The U.S. Equal Employment Opportunity Commission will be holding an open meeting to explore how the use of social media in the workplace is affecting the enforcement of equal employment opportunity laws, it said Wednesday.
Two New York lawmakers on Wednesday proposed a bill to close a “glaring loophole” in employment rights by banning businesses from discriminating against workers based on their reproductive health decisions, as the U.S. Supreme Court mulls the issue in the context of the Affordable Care Act.
The U.S. Supreme Court on Wednesday reinstated BG Group PLC's $185 million arbitration award over an investment in now-bankrupt Argentine gas distributor MetroGas SA, saying arbitrators, not courts, should primarily interpret and apply a bilateral investment treaty's local litigation requirement to an underlying dispute.
New York Bankruptcy Judge Robert Gerber talks to Law360 about midnight-oil marathon hearings, the future of the Article I specialist, and how lawyers should be more like journalists.
California employers are facing an increasingly complex legal and regulatory environment that adds to their compliance burden and raises the likelihood that they will, at some point, face litigation, the California Chamber of Commerce’s general counsel told Law360 in an interview Monday.
The White House budget proposal released Tuesday would give the U.S. Department of Commerce more than $600 million to carry out its trade-related tasks, including promoting U.S. exports, attracting more foreign investment and enforcing export control regulations.
In the year since the U.S. Supreme Court's decision in Comcast Corp. v. Behrend, nearly 200 cases have cited the ruling, but the only consensus reached is that its significance for class actions is unsettled. However, notwithstanding the lower courts’ inconsistent application of Comcast's “rigorous analysis” of damages model evidence, a few guiding principles have emerged, say Erik Snapp and Quinn Shean of Dechert LLP.
Whether ensuring wage-hour compliance, implementing a new internship program or conducting a background check, hospitality employers must always be aware of the pitfalls. For example, while screening new hires through background checks may seem like the best way to limit liability and protect guests, a blanket disqualification may be viewed as an indirect form of race discrimination, say Bethanie Barnes and John Mavros of Fisher & Phillips LLP.
While there was only one U.S. Department of Justice Foreign Corrupt Practices Act opinion procedure release in 2013, last year's enforcement actions, and remarks made by DOJ and U.S. Securities and Exchange Commission officials, provided a fair amount of guidance on various compliance topics — including travel and entertainment, gifts, charitable donations, third-party due diligence, self-reporting, cooperation and remediation, and commercial bribery, say attorneys with Shearman & Sterling LLP.
In stark contrast to the changing environment for the majority of lawyers today, the evolution for the general counsel is driven less by necessity than by opportunity. Today’s GC may touch every aspect of his or her organization to solve challenges and propel the company forward, keeping the GC far ahead of what is expected of the average lawyer, says James Merklinger, vice president and general counsel of the Association of Corporate Counsel.
There is widespread belief that the next big wave of shareholder litigation will be derivative cases, and one key issue that has not been analyzed enough is representation. For example, should the securities class action defense counsel represent the company, or its directors and officers? The right approach is a judgment call, says Douglas Greene of Lane Powell PC.
What happens if an unforeseeable and materially adverse event occurs after the pricing of securities but before the closing of an investment deal? In such a situation, navigating an alternative to terminating the deal is particularly challenging because U.S. Securities and Exchange Commission rules and guidance are not always helpful, and participants rarely have a set of “best practices” to guide them, say attorneys with Hunton & Williams LLP.
The recently closed comment period for the proposed Federal Rules of Civil Procedure amendments generated passionate antipodal responses over discovery rules that appear to benefit large corporate litigants at the expense of individual plaintiffs and civil rights groups. The nature and intensity of the response should lead the committee to reconsider the overall fairness of the proposed discovery amendments, says Henry Kelston of Milberg LLP.
Three courts — including the Fourth Circuit in Carter v. Halliburton Co. — have erred in ruling that the Wartime Suspension of Limitations Act applies to noncriminal matters, such as False Claims Act claims. These decisions put businesses in numerous industries at risk of having to defend stale claims seeking potentially ruinous damages under the FCA. The U.S. Supreme Court should grant cert in Carter, say Jesse Witten and Lee Roach of Drinker Biddle & Reath LLP.
From the outset of this year's SEC Speaks conference, it became clear that the U.S. Securities and Exchange Commission is eager to complete and move past its extensive rulemaking responsibilities under the Dodd-Frank Act and Jumpstart Our Business Startups Act, and to use the resulting enhanced statutory regime to keep pace with an ever-changing market. The SEC also expects data analytics tools to enhance nearly every aspect of its operations in 2014, say attorneys with Perkins Coie LLP.
A recent Law360 guest article suggests that the U.S. Supreme Court's holding in Erica P. John Fund v. Halliburton should be read restrictively, and that its decision in Comcast v. Behrend has reimposed the requirement that a class plaintiff prove loss causation. This suggestion is based upon an incorrect, if not dishonest, analysis of Halliburton. Comcast may appear to be significantly at odds with Halliburton, but the inconsistency disappears completely upon closer examination, says John Harnes of Chitwood Harley Harnes LLP.