• October 2, 2015

    T-Mobile Shifts Blame But Not Liability In Data Breach

    T-Mobile USA is unlikely to skirt liability for a recent cybersecurity breach at Experian that exposed the data of 15 million T-Mobile customers, with the telecom's choice and vetting of its vendor likely to come under heavy scrutiny from not only class action plaintiffs but also increasingly active regulators, attorneys say.

  • October 2, 2015

    Trump Hotels Hit With Suit Over Yearlong Data Breach

    The hotel chain owned by U.S. presidential hopeful Donald Trump was hit on Friday with a proposed class action in Illinois federal court over a data breach that allegedly affected payment cards used at seven locations during a period of more than a year.

  • October 2, 2015

    Columbia Hit With Latest Outlet Store Pricing Class Action

    Columbia Sportswear Co. on Friday became the latest retailer to be sued over “phantom” discounts in its outlet stores when it was hit with a proposed class action in California federal court alleging it advertised mark downs from original prices that never existed.

  • October 2, 2015

    NJ Employers Gain New Leverage Against Disloyal Workers

    A recent New Jersey Supreme Court decision pushed open the door to salary disgorgement for swindled employers and may encourage more companies to aggressively seek restitution from disloyal employees, especially high-level decision makers.

  • October 1, 2015

    EU High Court Extends Privacy Agencies' Enforcement Reach

    Europe’s highest court ruled on Thursday that national data protection regulators have the authority to take action against companies that have even limited contact with a member state in which they are not based, finding that the Hungarian watchdog has jurisdiction over a website hosted in Slovakia.

  • October 1, 2015

    8th Circ. Won't Rehear Nixed Tyson $24M Don-Doff Verdicts

    The Eighth Circuit has refused to reconsider its decision tossing out about $24 million in verdicts against Tyson Foods Inc. in two donning-and-doffing class actions brought by Nebraska factory workers, according to an order filed Thursday.

  • October 1, 2015

    T-Mobile Says Experian Breach Exposed 15M Customers’ Info

    T-Mobile USA Inc. said Thursday that personal information for 15 million U.S. customers was stolen by unidentified hackers due to a recently discovered data breach at Experian, the company that processes the wireless carrier’s credit checks.

  • October 1, 2015

    Retailers Say Microchip Cards Alone Won't Protect Shoppers

    As retailers across the country are forced to install payment card terminals that read new microchip-enabled cards or face potential liability for credit fraud, industry associations are warning that using the cards without requiring a PIN leaves consumer information vulnerable.

  • October 1, 2015

    Bill To Keep ACA 'Small Employer' Limit Goes To President

    The Senate on Thursday passed a bill to block the scheduled expansion of the definition of “small employer” under the Affordable Care Act that now heads to President Barack Obama’s desk.

  • October 1, 2015

    A Cyberattack Survival Guide For Policyholders

    Litigation faced by Target and Home Depot after massive data breaches highlights the cybersecurity concerns that all companies face. Here, attorneys discuss how insurance policies can protect against potential liability and where companies my have trouble getting coverage.

  • October 1, 2015

    UPS Settles Pregnancy Bias Case That Went To High Court

    United Parcel Service Inc. has settled a high-profile pregnancy discrimination case that was revived by the U.S. Supreme Court in March, according to a Thursday filing in Maryland federal court from the package delivery giant and the former UPS driver who brought the suit.

  • October 1, 2015

    Justices Take On Arbitration Provision In Counselors' OT Suit

    The U.S. Supreme Court will review a ruling that defense contractor Managed Health Network Inc. and its subsidiary couldn't compel arbitration of a putative class action alleging they misclassified licensed counselors working at U.S. military bases in order to avoid paying overtime wages, the court said Thursday.

  • October 1, 2015

    High Court To Hear RJR Nabisco's Challenge To RICO Suit

    The U.S. Supreme Court on Thursday agreed to hear RJR Nabisco's appeal over whether Racketeer Influenced and Corrupt Organizations Act claims can apply to conduct outside the U.S., in the European Union's civil suit accusing the food and tobacco behemoth of a money-laundering scheme.

  • September 30, 2015

    Microsoft, Google Stand Down in Patent Battles

    Microsoft Corp. and Google Inc. announced a ceasefire agreement Wednesday in which the companies will dismiss all pending patent infringement litigation between them and agree to “collaborate on certain patent matters.”

  • September 30, 2015

    9th Circ. Paves Way For PAGA Suits As Class Action Bypass

    The number of Private Attorneys General Act cases is likely to increase in California, attorneys say, because a recent Ninth Circuit decision upholding a bar on PAGA waivers will push employees to rely on such claims for representative actions.

  • September 30, 2015

    Shift To Chip Cards A Boon For Banks More Than Retailers

    The U.S. payments market is set to join the rest of the world Thursday when an industry-backed transition to chip-secured credit cards takes hold, a move that has banks looking forward to a drop in fraud but retailers upset about the price tag and a shift in liability for security breaches.

  • September 30, 2015

    GOP Sens. Blast OSHA For Choosing Memos Over Rulemaking

    Four Republican Senators sent a letter to U.S. Secretary of Labor Thomas Perez Tuesday asking the agency to withdraw three recent memoranda issued by the Occupational Safety and Health Administration, complaining that there was no opportunity for public comment.

  • September 30, 2015

    4th Circ. Takes Up Milestone FCA Sampling Case

    The Fourth Circuit has agreed to review whether statistical sampling can be used to demonstrate False Claims Act liability without directly analyzing Medicare billing claims, a significant development that paves the way for the first appeals court ruling on the controversial approach.

  • September 30, 2015

    Chase May Be Liable For Employees' ID Theft, 2nd Circ. Says

    A victim of identity theft who was wrongfully prosecuted in connection with a $77 million money-laundering scheme can attempt to hold JPMorgan Chase Bank NA accountable for the actions of its employees, who allegedly accepted bribes to facilitate the scheme, the Second Circuit ruled Wednesday.

  • September 29, 2015

    VRBO Payment Processor Hit With Data Breach Class Action

    A New Jersey VRBO customer has filed a putative class action in California federal court accusing the vacation rental website's payment processor YapStone of negligence and breach of contract for failing to protect customer data from a possible breach.

Expert Analysis

  • It May Not Always Be Safe To Follow Advice Of Counsel

    Steven A. Shaw

    The recent Southern District of New York decision in United States v. Wells Fargo Bank is one of the very few addressing whether an individual civil defendant can present an advice of counsel defense using information his employer asserts to be protected by attorney-client privilege, say Steven Shaw and Luke Meier of Covington & Burling LLP.

  • An Era Of Arctic Oil Exploration, Upended

    Joseph S. Kakesh

    After seven years of preparation, litigation and billions of dollars invested, Royal Dutch Shell PLC's recent decision to abandon its exploration program in the U.S. Arctic “for the foreseeable future” marks a pause — not the end — of a new era of Arctic oil and gas exploration. While oil prices weaken and dates change, litigation over the future of the Chukchi Sea rages on, say Joseph Kakesh and Steven Richardson of Wiley Rein LLP.

  • State AGs Vocal In New Supreme Court Term

    Joe Jacquot.jpg

    Justice Antonin Scalia often admits, “I’m a fed,” acknowledging that the U.S. Supreme Court is appointed, confirmed and vested with federal power. A critical counterbalance to that are state attorneys general, who uniquely, often singularly, come before the court to defend the interests of states. Here comes another big term for state AGs, says Joseph Jacquot, a partner with Foley & Lardner LLP and former deputy attorney general of Florida.

  • Caldwell Remarks Clarify Yates Memo's Purpose

    Richard Smith

    Although the U.S. Department of Justice's recent memo on the prosecution of individuals is termed “guidance,” statements made by Assistant Attorney General Leslie Caldwell at a conference last week make it clear that the new memo will carry with it a new approach to the DOJ’s corporate resolutions, say attorneys with Norton Rose Fulbright.

  • OPINION: Paul Harvey, RIP


    After recently hearing a young trial lawyer start his opening statement with the Paul Harvey approach, I feel motivated to set out the reasons why defense lawyers should not use this technique anymore, says Dr. Ross Laguzza of R&D Strategic Solutions.

  • A Cybersecurity Checklist For In-House Counsel

    Barry J. Coyne

    This summer saw a number of reports of alleged cybersecurity breaches in Internet-connected devices. Given the interconnectedness of products and the fact that manufacturers do not have end-to-end control of device networks, in-house counsel should craft a checklist to defend against security breach claims, regulatory violation allegations, or injury or damage lawsuits, say attorneys at Reed Smith LLP.

  • A Review Of SEC's Audit Fraud Enforcement Trends: Part 2

    Brian Neil Hoffman

    The U.S. Securities and Exchange Commission's enforcement energies are not directed toward accounting concerns alone, so entities and individuals should take equal care with other public disclosures. Some recent cases involved alleged misstatements about companies’ business operations, says Brian Neil Hoffman, former SEC senior attorney now with Holland & Hart LLP.

  • In Congress: Boehner, Shutdown, President Xi

    Richard A. Hertling

    Once again Congress is racing against the clock to keep the federal government open — before a midnight deadline Wednesday. The tumultuous process fits the highly partisan pattern of recent years and even led to the surprise announcement Friday from Speaker of the House John Boehner that he will resign from his leadership post and from Congress, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • D&O Fee Advancement Lessons From American Apparel

    Gregory A. Markel

    American Apparel’s messy breakup with its founder, former chairman and CEO Dov Charney highlights the limits on the ability of directors and officers to receive indemnification or advancement, say attorneys with Cadwalader Wickersham & Taft LLP.

  • OPINION: Have Big Law Firms Lost Their Way?

    Dennis R. Suplee

    My hope is that this article will not be seen as a rant by a senior trial lawyer. The truth is that some things get worse with the passage of time and it should be fair to comment upon such deterioration, says Dennis Suplee, a partner and former chairman of Schnader Harrison Segal & Lewis LLP.