Corporate RSS

  • 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.

  • April 18, 2014

    Texas Blasts EEOC Bid To Nix Suit Over 'Felon-Hiring Rule'

    The state of Texas on Friday urged a federal court not to toss its lawsuit challenging the U.S. Equal Employment Opportunity Commission's guidance on criminal background checks, saying the EEOC is trying to argue that the rule “is not worth the paper it’s printed on — even though it urges other courts to defer to it.”

  • April 18, 2014

    Wyndham Wants Quick Appeal In FTC Data Security Suit

    Wyndham Worldwide Corp. on Thursday pushed a New Jersey federal judge to let it immediately appeal a ruling refusing to shut down the Federal Trade Commission's data security suit against it, arguing the case presented “hotly contested and critically important” issues regarding the scope of the agency's statutory authority.

  • April 18, 2014

    EEOC Scores Settlements In 2 Pregnancy Bias Suits

    The U.S. Equal Employment Opportunity Commission announced Thursday that it had reached settlements in pregnancy discrimination suits against a New York-based office furnishing business and a Delaware trucking company, highlighting the agency's commitment to fighting bias against expectant mothers. 

  • April 18, 2014

    General Mills Says Its New Policies Don't Block Litigation

    General Mills Inc. hit back against media criticism Thursday in explaining that its website’s privacy policy, updated earlier this month, does not preclude consumers from filing suit against the company after they’ve simply purchased its products or “liked” a General Mills brand Facebook page.

  • April 18, 2014

    AMR Can't Terminate Retiree Benefits, Judge Says

    The bankruptcy judge who oversaw AMR Corp.’s Chapter 11 case on Friday rejected the airline’s contention that it has the right to dump the cost of pension benefits onto retirees themselves, saying the benefits are protected in relevant documents.

  • April 18, 2014

    7th Circ. Nixes Another Challenge To Wis. Bargaining Law

    The Seventh Circuit ruled Friday that a Wisconsin law that gutted government workers' collective bargaining rights didn't run afoul of the U.S. Constitution, marking the second time the appeals court has rejected a constitutional challenge to the Badger State's controversial Act 10.

  • April 17, 2014

    Calif. Court’s FMLA Ruling Gives Cos. Vital Flexibility

    A California appeals court held Tuesday that employers can seek a second medical opinion after a doctor determines a worker is fit to return from a Family and Medical Leave Act absence, a ruling lawyers say gives companies much-needed flexibility to undertake a detailed evaluation of a worker’s fitness instead of being stuck with a single doctor’s judgment.

  • April 17, 2014

    Employers Watch For NLRB's Next Moves On DR Horton

    In a victory for employers, the Fifth Circuit on Wednesday rebuffed the National Labor Relations Board's bid for a full-court review of the panel ruling rejecting its ban on mandatory employment class waivers, but attorneys say businesses should keep an eye on what steps the board takes next, as the issue remains a live one that could ultimately require U.S. Supreme Court resolution.  

  • April 17, 2014

    DOL Urges 9th Circ. To Revive Tip-Pool Rule

    The U.S. Department of Labor on Monday urged the Ninth Circuit to overturn an Oregon federal judge's ruling that the agency exceeded its authority when it issued a rule barring back-of-house restaurant workers from employer-mandated tip pools.

  • April 17, 2014

    Min. Wage Increase Could Cost Businesses $15B, CBO Says

    The nonpartisan Congressional Budget Office estimated on Thursday that a bill introduced by Senate Democrats aimed at raising the minimum wage, would require private employers to pay an extra $15 billion in 2017 to workers covered by the Fair Labor Standards Act.

  • April 17, 2014

    EU Lawmakers Clear Antitrust Damages Litigation Plan

    European lawmakers on Thursday signed off on a proposal to make it easier for individuals and businesses to sue for antitrust damages, paving the way for plaintiffs to gain greater access to evidence while shielding leniency filings from disclosure.

  • April 17, 2014

    11th Circ. Grounds Ex-Delta Worker's ERISA Appeal

    A lower court correctly applied a previous appellate decision and nixed a proposed Employee Retirement Income Security Act class action brought by a former Delta Air Lines Inc. worker who said Delta stock was an imprudent retirement plan investment option, the Eleventh Circuit ruled Thursday.

  • April 17, 2014

    Fla. Justices Say Civil Rights Law Covers Pregnancy Bias

    The Florida Supreme Court ruled Thursday that the sex bias prohibition in the state's civil right law extends to pregnancy discrimination and ordered a trial court to reinstate claims brought by a former employee of property management company The Continental Group Inc.

  • April 17, 2014

    NLRB Says Anti-Union VW Workers Can Join Election Hearing

    The National Labor Relations Board ruled on Wednesday that Volkswagen AG employees who oppose unionization at the company’s Chattanooga, Tenn., plant can participate in a hearing over whether a new representation vote should be held, just as Democratic lawmakers announced an investigation into whether state officials unduly influenced the employees’ decision not to unionize.

  • April 17, 2014

    Dukes Test No Bar To Class Cert. In Chinese Daily OT Suit

    A California federal judge on Tuesday reinstated a class of workers pursuing wage-and-hour claims against a Chinese-language newspaper, finding that the class allegations satisfied the commonality and predominance hurdles for certification even under the higher standard set by the U.S. Supreme Court's Wal-Mart Stores Inc. v. Dukes opinion.

  • April 16, 2014

    High Court Urged To Nix Suit Over Worker's Facebook Posts

    Mercy Health System of Kansas Inc. urged the U.S. Supreme Court on Wednesday not to take up a petition from a former employee asking the court to rule on whether Facebook posts and other communications to nonemployers are protected by law, arguing that the suit is an inappropriate vehicle for the question.

  • April 16, 2014

    Move Can't Block Exec. From New Job At Rival Zillow

    A Washington state judge on Monday rejected online real estate company Move Inc.’s argument that its former chief strategy officer, Errol Samuelson, will inevitably reveal trade secrets to his new employer, rival Zillow Inc., denying the company's bid to block the executive from employment at Zillow.

Expert Analysis

  • 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.

  • Not 'Fully Protected' — What’s A Director To Do?

    Peter Allan Atkins

    A footnote in the Delaware Court of Chancery’s Rural Metro decision starkly spotlights the visceral trouble spot in the enhanced-scrutiny paradigm — that even the conscientious director who does everything right may still be branded as breaching fiduciary duty. This is particularly troubling in the context of a statutory promise that directors will be “fully protected” if they conscientiously comply, says Peter Allan Atkins of Skadden Arps Slate Meagher & Flom LLP.

  • A Solution To The Software Obviousness Problem

    Robert Purvy

    There are legitimate concerns in the software community that the patent system comprehends development practices in the traditional sciences better than it does in the software arts, particularly where obviousness is concerned. The “obvious to try” doctrine, which is often applied in traditional sciences, can help make the patent system work as well for software as it has for older sciences, says Robert Purvy, a technical adviser for patent litigation at Google Inc.

  • Directors And Officers: Take Heed Of New DC Nonprofit Law

    John C. Eustice

    As part of an effort to update District of Columbia law and make the district more business friendly, the city council has passed amendments to the D.C. Business Code, including the Nonprofit Corporation Act of 2010. While the new act does not create additional publicly available information for D.C. nonprofit corporations organized in 1963 and after, it does create a larger paper trail for all active D.C. nonprofits, says John Eustice of Miller & Chevalier.

  • Tax Reform's Pension Fund Surprise For PE Industry

    Christian M. McBurney

    In light of Dave Camp’s draft tax reform legislation, state and local government pension plans that make future investments in private equity funds may wonder if they should have the flexibility to move their investments to “blocker” entities that would prevent unrelated business taxable income from passing through to them. The problem with a U.S. blocker, however, is that it will be liable to tax on all of its income and gains, which will substantially reduce the investor’s post-tax return, say Christian McBurney and Michael Cooney of Nixon Peabody LLP.