• August 26, 2016

    HSBC To Pay $13M To End Privacy Row Over Recorded Calls

    HSBC Card Services Inc. has agreed to pay $13 million to resolve a consolidated proposed class action accusing the company of unlawfully recording debt-collection calls without the consent of consumers, according to documents filed Friday in California federal court.

  • August 26, 2016

    Rule For Foreign Startup Founders Seen As Helpful Stopgap

    A long-awaited rule that would allow immigrant startup founders to temporarily stay in the U.S. was largely greeted by attorneys Friday as a welcome stopgap since entrepreneurs have limited visa options, but its potential investment demands mean the program likely won’t be for everyone.

  • August 26, 2016

    Trader Joe's TM Claim Against Canada's 'Pirate Joe' Revived

    The Ninth Circuit in a published opinion on Friday partly revived a trademark infringement suit from Trader Joe’s against a man who created “Pirate Joe’s” in Canada, a store populated with goods he purchased from the chain grocer in the United States. 

  • August 26, 2016

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    BigLaw is prospering on the back of rate increases, a U.S. Supreme Court review of class waivers looks inevitable as a circuit split deepens, and the DOL issues its final Fair Pay and Safe Workplaces rule. Those stories top the corporate legal news you may have missed last week.

  • August 26, 2016

    Chamber Of Commerce Creates Antitrust Expert Group

    The U.S. Chamber of Commerce said Friday that it has commissioned a group of experts including law firm partners and antitrust and trade policy experts and tasked them with concocting new approaches to global antitrust policy.

  • August 26, 2016

    Health Hires: K&L Gates, Pharma Trade Org, Tucker Ellis

    K&L Gates LLP has expanded its health care group with a new partner from Baker Donelson Bearman Caldwell & Berkowitz PC, the Philadelphia Drug Exchange has appointed new general counsel and Tucker Ellis LLP has opened a St. Louis office where attorneys will focus on product liability and medical device and pharmaceutical liability, among other areas.

  • August 26, 2016

    EEOC Sues Car Dealership Over Anti-Medication Drug Policy

    An Arizona car dealership is accused of discrimination on the basis of disability against potential employees who take medication for conditions such as attention deficit hyperactivity disorder through its drug test policy, according to a lawsuit by the U.S. Equal Employment Opportunity Commission in Arizona federal court filed on Thursday.

  • August 26, 2016

    3 Takeaways From The SEC's Recent Rash Of PE Settlements

    The U.S. Securities and Exchange Commission's ongoing crusade against private equity industry infractions related to issues including disclosure and fee allocations shows no signs of slowing, with the most recent multimillion-dollar settlements involving Apollo Global Management LLC and WL Ross & Co. LLC. Here, Law360 explores three takeaways from this most recent collection of settlements.

  • August 26, 2016

    5 Tips For Structuring Transfer Pricing Agreements

    U.S. multinationals are facing great pressure amid a changing and more litigious global tax environment to justify the prices at which they trade products between related legal entities. Here, experts share five tips for drafting transfer pricing agreements that can withstand inevitable scrutiny from the Internal Revenue Service.

  • August 26, 2016

    FTC Signs Off On Amendments To Hart-Scott-Rodino Rules

    The Federal Trade Commission announced on Friday that it has approved final amendments to the Hart-Scott-Rodino premerger notification rules, which the agency said will streamline the process of submitting HSR filings.

  • August 26, 2016

    Ashley Madison Action Shows Global Regs Can't Be Cheated

    Canadian and Australian data protection regulators recently came down hard on infidelity site Ashley Madison for having inadequate security safeguards in place at the time of a hack that exposed 37 million members' data, demonstrating the growing willingness of regulators outside the U.S. and European Union to bring down the hammer on companies that ignore data security risks.

  • August 26, 2016

    FCA Attys Clash Over Escobar Test For Implicit Compliance

    False Claims Act attorneys are deeply split over a crucial section in the U.S. Supreme Court's Escobar ruling, debating whether its test of implicit statements about regulatory compliance is mandatory and how the test should be applied.

  • August 26, 2016

    Rainmaker Q&A: Hanson Bridgett's Teresa Pahl

    Being responsive and going above and beyond what is expected builds trust and loyalty with your partners and with clients and will eventually lead to more work, says Teresa Pahl of Hanson Bridgett LLP.

  • August 25, 2016

    Forever 21 Trans Worker's Bias Suit Headed To Arbitration

    Forever 21 Inc. won its bid to compel arbitration of a federal discrimination and retaliation suit brought by a transgender former worker after a New York federal judge found that a contract with an arbitration provision was “valid and enforceable.”

  • August 25, 2016

    NLRB Back Pay Rule A Win For Workers, With Limited Effect

    The National Labor Relations Board handed workers another win Wednesday when it revamped the formula it uses to calculate back pay for individuals who have been unlawfully terminated, a decision that attorneys said breaks new ground but ultimately may be too infrequent to spell big expenditures for employers.

  • August 25, 2016

    3rd Circ. Shuts Down Class Action Over Benecard Data Breach

    Benecard Inc. beat a proposed class action accusing the company of negligence after a data breach of employees’ and customers’ personal information that hackers then used to create phony tax returns as the Third Circuit ruled Thursday that Pennsylvania’s economic loss doctrine barred the suit.

  • August 25, 2016

    AAI Wins Some Depositions In $1B Boeing Dispute

    An Alabama federal judge on Thursday allowed bankrupt Alabama Aircraft Industries Inc. to again depose Boeing Co.’s in-house attorney and another employee in the companies’ dispute over $1.2 billion in government contracts, but withheld a ruling on a request for sanctions.

  • August 25, 2016

    DOL Defends Authority For Fiduciary Rule In DC Court

    The D.C. federal judge presiding over the first major challenge to the U.S. Department of Labor’s fiduciary rule said in court Thursday that he was puzzled over whether the agency had exceeded its authority by enabling investors to sue financial institutions under state contract law, suggesting such a right is normally conferred by Congress.

  • August 25, 2016

    Ex-Rite Aid GC Appeals Chancery Toss Of Fraud Case Fee Bid

    Rite Aid Corp.’s former general counsel, who was once imprisoned in connection with an accounting scandal more than a decade ago, on Thursday appealed the Delaware Chancery Court’s decision denying his bid for the pharmacy company to cover the legal fees and expenses associated with his criminal conviction.

  • August 25, 2016

    US Chamber Backs Murray In EPA Coal Jobs Suit

    The U.S. Chamber of Commerce told a West Virginia federal court Wednesday the Environmental Protection Agency shouldn’t be able to escape a suit in which Murray Energy Corp. alleges the agency ignored the consequences of its air pollution regulations on jobs, saying the Clean Air Act imposes burdens and results in job losses across the energy sector.

Expert Analysis

  • Defining Attorney-Client Relationships In The Electronic Age

    Elizabeth Fitch

    As technology has advanced, the ways in which attorneys communicate with clients, potential clients, former clients and the public has created new and ill-defined issues relating to whether an attorney-client relationship exists. Attorneys Elizabeth Fitch and Theodore Schaer discuss the often nebulous yet hazardous concepts that could lead to malpractice issues.

  • Considerations When Invoking The Defend Trade Secrets Act

    Nicholas J. Boyle

    Prior to its enactment in May, many questioned the need for the Defend Trade Secrets Act of 2016. However, the DTSA is now law, and it is time to consider how the statute as enacted affects a trade secret owner’s litigation decisions, say Nicholas Boyle, Christopher Manning and Richard Olderman at Williams & Connolly LLP.

  • Fantasy Overwhelms The Transfer Tax

    Steven A. Horowitz

    The IRS recently proposed rules that are intended to prevent the undervaluation of transferred interests in corporations and partnerships for transfer tax purposes. However, these regulations are overreaching and decry the principles of economic reality used in business valuation, says Steven Horowitz of Horowitz & Rubenstein LLC.

  • 4 Reasons Law Firm Business Development Initiatives Fail

    Adam Donovan

    By understanding four common reasons why law firm business development initiatives fail, we can more accurately define success, avoid pitfalls, and improve return on investment, says Adam Donovan, senior manager of patent business strategy at Fish & Richardson PC.

  • More Restrictions On Physician Noncompetes Ahead?

    Lisa A. Zaccardelli

    Recently, several states have followed the trend toward constraining the use of restrictive covenants in agreements with medical practitioners. Although the specific language in the new statutes differs, they all limit employers’ ability to craft restrictive employment contracts, shifting negotiating power back to doctors, say attorneys at Hinckley Allen & Snyder LLP.

  • Exploring The Limits Of The At-Will Employment Doctrine

    Laura Lawless Robertson

    In jurisdictions where the at-will employment doctrine is recognized, employers are advised to zealously protect this right, including disclaimers in employee handbooks and other employment documents. But two recent federal appellate decisions out of the Fifth Circuit and Ninth Circuit suggest that even this hallowed doctrine is not without its limits, says Laura Lawless Robertson at Squire Patton Boggs LLP.

  • FTC Alums: Retail Mergers Reflect New Approaches At FTC

    Joshua D. Wright

    The Federal Trade Commission is poised to take the next step — perhaps the most significant one in its century-long history — in the evolution of its approach to merger enforcement. This evolution is apparent in the context of retail markets, as illustrated by FTC decision-making and analysis in the recent Safeway and Family Dollar transactions, say former FTC Commissioner Joshua Wright and Theodore Serra of Wilson Sonsini Goodrich & Rosati PC.

  • The Psychological Edge Of Relieving Stressed Jurors

    Roy Futterman

    To guide overwhelmed jurors toward a calm, logical defense verdict in a high-stakes case, an attorney can apply the same psychological techniques that were developed in the treatment of substance abuse, says Dr. Roy Futterman, a clinical psychologist and director at DOAR Inc.

  • From BigLaw To Your Own Firm: 4 Tips For Legal Startups

    Russell Shinsky

    Highly successful attorneys who are thinking about leaving the safe haven of a large law firm to go out on their own face a number of issues specific to the legal profession. Russell Shinsky, chairman of Anchin Block & Anchin LLP's law firms industry group, shares four pillars of a successful startup law firm.

  • 2nd Circ. Stresses Low Standard For Discrimination Claims

    Brian Lehman

    In its recent decision in Doe v. Columbia University, the Second Circuit repeatedly emphasized that plaintiffs only need to allege facts giving rise to a “minimal plausible inference” of intent when alleging illegal discrimination. As a result, district courts will be more likely to deny motions to dismiss complaints of discrimination and allow discovery on the claims to move forward, says Brian Lehman at The Lehman Law Group LLC.