• April 27, 2015

    Bumble Bee Foods Charged Over Worker's Oven Death

    Los Angeles County prosecutors charged Bumble Bee Foods LLC and two employees on Monday with willful violations of worker safety regulations in connection with the death of an employee who was trapped inside an industrial oven at the company’s plant in Santa Fe Springs, California.

  • April 27, 2015

    NY Senate Delays Action On Local Minimum Wage Increases

    The New York State Senate's labor committee on Monday punted to the finance committee a bill that would allow cities to set their own minimum wages, potentially delaying a vote on the legislation that would abolish state control over the wage.

  • April 27, 2015

    Retail Tracking Cos. Now Face Emboldened FTC

    In bringing its first action against a retail tracking company Thursday, a divided Federal Trade Commission sent a warning that it expects companies to live up to privacy promises regardless of the size of their business or the novelty of their technology. 

  • April 27, 2015

    Justices To Eye Time Bar For Constructive Discharge Claims

    The U.S. Supreme Court on Monday agreed to consider whether the filing period for a constructive discharge claim under federal law begins to run when an employee resigns or at the time of an employer’s last allegedly discriminatory act that gives rise to a resignation.

  • April 27, 2015

    WTO Head Prioritizes 'Doable' Goals For Doha Negotiations

    As the World Trade Organization scrambles to revive the long-stalled Doha round of global trade negotiations, the head of the multilateral body on Monday implored members to focus only on the most “doable” results and called for negotiators to intensify their work ahead of their July deadline.

  • April 27, 2015

    Mixed Messages On Internal FCPA Probes Exasperate Attys

    The U.S. Department of Justice and the U.S. Securities and Exchange Commission have reminded companies in recent weeks not to go overboard when conducting internal anti-bribery investigations, but defense attorneys say they’re unsure how to properly investigate potential misconduct without digging too deep.

  • April 27, 2015

    Target Defends $19M Data Breach Deal With MasterCard

    Target Corp. on Friday slammed a bid by banks and credit unions to block its proposed $19 million settlement with MasterCard Inc. over the retailer’s 2013 data breach, arguing that there isn't anything "remotely unlawful" about the settlement because MasterCard issuers can decide whether to opt in.

  • April 27, 2015

    Supreme Court Again Questions ACA Birth Control Waiver

    The U.S. Supreme Court on Monday ordered the Sixth Circuit to reconsider its position that a waiver to the Affordable Care Act’s contraceptive mandate offers enough religious protection, wondering for the second time this term whether the Hobby Lobby decision might now change the outcome.

  • April 27, 2015

    Japan PM's Visit Unlikely To Seal TPP Talks: White House

    Despite the swift congressional action on crucial trade legislation last week, senior White House officials on Friday signaled that this week's visit by Japanese Prime Minister Shinzo Abe will not yield a breakthrough in the bilateral talks on food and automotive market access within the Trans-Pacific Partnership.

  • April 27, 2015

    High Court Takes On Spokeo's Challenge To FCRA Standing

    The U.S. Supreme Court agreed Monday to hear Spokeo Inc.’s challenge to a Ninth Circuit order reviving a Virginia man’s proposed class action accusing the “people search engine” of violating the Fair Credit Reporting Act by publishing bogus information about him.

  • April 24, 2015

    Calif. Bill Would Ramp Up Enforcement Against Wage Theft

    Looking to crack down on wage theft, California’s Senate leader said Thursday he has introduced a bill that would allow state regulators to require businesses that have failed to pay court orders for worker wages to post a bond of $150,000.

  • April 24, 2015

    North Carolina House Passes Bill To Expand E-Verify Use

    A bill that would require tens of thousands of North Carolina businesses to begin checking employees’ work authorization with E-Verify cleared the state’s House of Representatives on Thursday, as federal lawmakers consider similar legislation.

  • April 24, 2015

    Replaced Employees Challenge H-4 Spousal Work Rule

    A group representing former Southern California Edison Co. computer workers launched a suit in Washington, D.C., federal court Thursday challenging a U.S. Department of Homeland Security regulation that authorizes certain H-1B dependent spouses who possess H-4 visas to work, saying the rule robs them of their domestic labor protections.

  • April 24, 2015

    Cyberinsurance Thaw Hinges On Data-Sharing Bills

    Cybersecurity information-sharing legislation headed for consideration in the Senate would be a boon for the insurance industry if passed into law, as increased data sharing should trim liabilities for policyholders and allow insurers to offer more comprehensive — and cheaper — cyber-specific coverage to companies that have been reluctant to pay the high cost.

  • April 24, 2015

    Fla. Lawmakers Pass Anti-Pregnancy Discrimination Bill

    The Florida Legislature on Friday passed a bill that would outlaw discrimination against pregnant women in the workplace and public places, including hotels and restaurants, as part of an amendment to the state’s civil rights law.

  • April 24, 2015

    Social Media Class Notices Gain Traction But Carry Risks

    A New York federal judge’s recent decision allowing ex-Gawker Media LLC interns to use LinkedIn and Twitter to contact potential collective action members about opting in to their wage dispute shows that courts are warming up to using social media notification programs, but attorneys crafting such plans should be careful not to trample on individual privacy rights and company reputations, experts say.

  • April 24, 2015

    DHS, DOL Say They Are Close To Issuing New H-2B Visa Rule

    A new rule governing the H-2B labor certification process is being reviewed by the Office of the Federal Register and could be published as soon as next week, lawyers for the U.S. Department of Labor and Department of Homeland Security told a Florida federal judge Friday.

  • April 23, 2015

    Obama Says TPP Will Correct NAFTA Shortcomings

    President Barack Obama on Thursday defended his controversial Trans-Pacific Partnership trade deal, saying it is designed to correct the mistakes of previous pacts like the North American Free Trade Agreement, amid criticism by Democratic opponents who claim it will lead to job losses.

  • April 23, 2015

    Canadian Hacker Gets 18 Months In $100M Microsoft IP Theft

    A Canadian man involved in an international hacking ring was sentenced to 18 months in federal prison on Thursday for stealing more than $100 million in intellectual property and other proprietary business data from Microsoft Corp. and others, according to Delaware federal court records.

  • April 23, 2015

    Adobe To Settle Data Breach Claims Over 3M Payment Cards

    Adobe Systems Inc. has agreed to settle a consolidated proposed class action in California federal court over its alleged failure to safeguard users’ data from a breach that compromised at least 3 million payment card records, although the court on Wednesday agreed to give the parties an extra month to finalize their deal.

Expert Analysis

  • This Week In Congress: Iran Legislation In Jeopardy?

    Richard A. Hertling

    The modified Iran Nuclear Review Act was unanimously supported in the Senate Foreign Relations Committee on April 14 and the White House signaled its intent to sign the bill provided there are no major changes. Contentious debate is expected during floor consideration this week, as several Republicans senators have announced their intent to toughen up the bill, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • Calculus Of Going Hostile: Recent Lessons From The Field

    David N. Shine

    Since Valeant/Pershing Square’s high-profile offer for Allergan last year, there have been 12 unsolicited, public offers by strategic bidders for U.S.-listed companies. While it is clear that these hostile bids have been exciting for deal junkies, it is equally clear that hostile bidders have been remarkably unsuccessful in ultimately acquiring their targets, say David Shine and Jordan Goldman of Paul Hastings LLP.

  • A New System To Manage Your Intangible Assets

    Mark Bullard

    With the recent hyper-growth in M&A activity, companies are acquiring intellectual property at record rates. "Innovation resource planning" can help by providing real-time analytics that show IP portfolio details as well as the big picture. IRP can be used to illuminate areas where companies have a stronghold on technology that excludes competitors or identify gaps in the patent portfolio that need to be filled, says Mark Bullard of Lecorpio.

  • 9th Circ. Has Ensured Fewer Post-Employment Restrictions

    Katelyn Keegan

    The Ninth Circuit's opinion in Golden v. California Emergency Physicians Medical Group limits the scope of permissible restrictive covenants employers can include in employment contracts and settlement agreements and could void current agreements containing restrictive provisions beyond traditional noncompete clauses, says Katelyn Keegan of Schiff Hardin LLP.

  • 10 Topics For Corporate Counsel To Consider On Coal Ash

    Kirsten L. Nathanson

    The U.S. Environmental Protection Agency's regulations on the disposal of coal combustion residuals are the first of their kind under the Resource Conservation and Recovery Act's Subtitle D enforcement structure, which grants enforcement authority to states and citizens rather than to the EPA, say attorneys at Crowell & Moring LLP.

  • Tips For Guiding Your Client Through The Mediation Process

    Raphael Lapin

    With all the tangible and intangible costs associated with litigation today, mediation is becoming more common as a means of resolving disputes. Yet attorneys trained and experienced in litigation do not always have the skills to guide their clients through a mediation process, says Raphael Lapin, an adjunct professor at the Whittier School of Law and principal of Lapin Negotiation Strategies.

  • 5 Steps To Data Breach Coverage For Card Issuer Liability

    Roberta D. Anderson

    Target’s $19 million settlement with MasterCard underscores very significant sources of potential exposure that often follow a data breach, including claims from financial institutions seeking to recover losses associated with credit and debit cards. These potential sources of data breach and payment brand liability may, however, be covered by commercial general liability insurance, which most companies have in place, says Roberta ... (continued)

  • Merits Of An XML-Based Invention Disclosure Standard

    Sunjeev Sikand

    Although deploying an extensible markup language invention disclosure system takes work, organizations that set up such a system will generally reap the rewards a year or two down the road, say Sunjeev Sikand of RatnerPrestia PC, Robin Hunziker of General Electric Global Research, and James Leonard of Price Heneveld LLP.

  • Virginia's ‘Rocket Docket' Continues To Roar

    Robert M. Tata

    The Eastern District of Virginia ― known as the “Rocket Docket” ― had the fastest trial docket in the country in 2014, for the seventh year in a row. The median time interval to trial was 12.5 months. That’s compared to a nationwide average of 24.9 months to try a case, says Robert Tata, managing partner of Hunton & Williams LLP's Norfolk, Virginia, office.

  • Moving On Up The Value Chain: Here Is What Legal Can Do

    Lance Ellisor

    At a time of increasing litigation costs and rising claims, legal departments are facing pressures to lower overall legal spending and evolve from a company cost center into a strategic business partner. As a result, smart legal departments are increasingly focusing on brand management, predictive decision-making and commercial acceleration, says Lance Ellisor of Mitratech Holdings Inc.