While the usual appellate powerhouse firms scored big at the U.S. Supreme Court in the 2015 term, a dark horse managed to emerge with a spotless 5-0 record, and a veteran boutique was able to shape landmark rulings on both the Affordable Care Act and the Obama administration’s executive orders on immigration. Here, Law360 takes a look at how the country’s top firms performed at the high court this session.
A split Fifth Circuit handed the state of Texas a win Monday in its case against the Equal Employment Opportunity Commission over the agency's criminal background check guidance warning employers against blanket policies against hiring felons, though a dissenting judge painted Texas’ action against the guidance as purely political.
While Justice Antonin Scalia's death resulted in a Supreme Court term notably lacking his famously pithy, well-reasoned dissents, the justices still managed to make their ire known. Here, we look at the most noteworthy dissents of the term and how Scalia's absence made a mark.
A vacant seat on the court. Controversial decisions on abortion and affirmative action. A judicial deadlock on immigration. For the U.S. Supreme Court, it was both business as usual and a session unlike any other. Here, Law360 takes a deep dive into the numbers behind the high court's latest term, examining the vote counts, overturn rates and dissents from this divided court.
The Third Circuit in a precedential opinion Monday cut Google and Viacom loose from claims that they violated the Video Privacy Protection Act and federal and state wiretapping statutes by tracking children’s internet activity, although the court revived a state invasion of privacy claim that the putative class of minors had lobbed at Viacom.
Late Justice Antonin Scalia joked about taking bribes, Justice Stephen Breyer imagined a hot dog detector and Chief Justice John Roberts needed help deciphering a young lawyer's lingo. Amid the customary seriousness of this term's U.S. Supreme Court arguments, there were some memorable moments of courtroom comedy. Here, Law360 looks back at humorous highlights from the past year.
A California federal judge has rejected a proposed $1.75 million settlement in a putative class action accusing Coach Inc. of not compensating sales associates for the time they spent getting their bags checked before breaks and after shifts, according to a filing made public Monday.
Two policyholders accusing CareFirst BlueCross BlueShield of potentially compromising their information along with that of a million others after a May 2015 data breach will appeal to the Fourth Circuit a Maryland federal judge’s decision last month to toss their proposed class action, according to a filing Friday.
The U.S. Supreme Court's struggle to avoid 4-4 splits this term led to a new kind of unanimity, experts say, with the four justices in the ideological middle forging consensus on narrow points of law.
The eight-justice U.S. Supreme Court failed to reach majority decisions in some of the most closely watched cases of the term, leaving controversial legal questions unanswered and underscoring the stakes of the political fight over the late Justice Antonin Scalia's replacement.
The Kroger Co. launched a suit Monday in Ohio federal court accusing Visa Inc. of hitting it with $7 million in fines, and threatening to raise fees and block the grocery chain from accepting Visa debit cards altogether amid a battle over the safety of a signature verification system for payment cards.
A Texas federal judge on Monday entered a nationwide injunction barring the U.S. Department of Labor from enforcing its “persuader” rule, saying it threatens employers’ rights to secure legal advice about union organization.
With federal and state regulators ramping up enforcement efforts, corporate executives and boards of directors are facing more potential sources of liability than ever before, such as claims that they misled investors about securities offerings or misstated a company's financial condition. Here, Law360 offers tips to get the most out of directors and officers coverage.
The Federal Trade Commission moved Monday to block a proposed $982 million merger between Superior Plus Corp. and Canexus Corp., saying the deal between the two Canadian chemical suppliers would hurt competition for a chemical used to bleach wood pulp.
PharMerica Corp. on Monday lost its bid to force the dismissal of False Claims Act suits filed when related suits are pending, when the U.S. Supreme Court let stand the First Circuit’s decision that a whistleblower may be able to supplement his later-filed suit rather than refiling it entirely.
The D.C. Circuit dealt a blow on Friday to Atlanta-based investment adviser Timbervest LLC's attempt to have the U.S. Securities and Exchange Commission's in-house court ruled unconstitutional, sending the case back to the SEC to consider new evidence in the sanctions fight.
For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.
A new rule aimed at increasing job flexibility for some foreign workers caught flak at an immigration attorney panel on Friday, as lawyers expressed concern over a provision that would end the government's requirement to adjudicate work permit requests in 90 days.
The Patent Trial and Appeal Board has sided with Apple Inc. in determining that certain claims of an e-Watch Inc. patent for digital image technology in a camera are invalid as anticipated by prior art, after finding e-Watch didn’t properly execute a priority claim to an earlier related patent application.
A Delaware federal bankruptcy judge on Friday approved a settlement between drug developer KaloBios Pharmaceuticals Inc. and former CEO Martin Shkreli, who was arrested on securities fraud charges, that severely limits his future involvement with the company.
Connecticut’s new fair chance employment act is not as extensive as similar "ban-the-box" laws in some of its neighboring states. However, the laws in these other states may be instructive regarding potential future developments in this area of law for Connecticut, say Dan Schwartz and James Leva at Day Pitney LLP.
Indiana recently joined a handful of other states that authorize and regulate the consumer third-party litigation funding industry by statute. Scheduled to take effect on July 1, the statute also establishes a new distinction between the various types of legal funding. But, in doing so, it could potentially reduce the availability of capital, says Victoria Shannon Sahani, associate professor at Washington and Lee University School of Law.
Despite regular news stories detailing the need to update our digital privacy laws and increase our cybersecurity protections, law firms and in-house legal departments should feel confident that utilizing cloud providers with strong privacy and security protections will not breach their ethical obligation to clients, says Bradley Shear of the Law Office of Bradley S. Shear LLC.
The “new” Occupational Safety and Health Administration is more aggressive and motivated than ever. For employers who do not revisit critical facets of workplace safety and Occupational Safety and Health Act compliance, frustrating and potentially expensive encounters with OSHA will loom on the horizon, says Michael Abcarian at Fisher & Phillips LLP.
Although the Senate has shown during the past year and a half of Republican control that it can indeed be an effective, functioning body, after several years of total dysfunction, the fight over Zika funding reveals that dysfunction is never far from the surface, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.
What is most interesting about the U.S. Securities and Exchange Commission enforcement action against Morgan Stanley for cybersecurity lapses is that Morgan Stanley’s conduct was exemplary — the firm did everything right, says John Reed Stark, former internet enforcement chief at the SEC.
The Illinois attorney general's litigation with sandwich restaurant chain Jimmy John’s speaks to the concerns about noncompete agreements recently expressed by the U.S. Department of Treasury and the White House. Such agreements likely can have serious and unintended consequences and state and national authorities are now paying closer attention, say Jason Hirsh and Christina Lutz at Levenfeld Pearlstein LLC.
Most of the publicity surrounding the Panama Papers has focused on the important role that shell companies have played in the laundering of the proceeds of criminal activity and in tax evasion. Understanding how shell companies can be used to engage in criminal behavior is critical to protecting an organization. Let’s look at some of the most common schemes, say Glenn Pomerantz and Brian Mich of BDO Consulting.
It’s important to first decide what your personal brand is. Are you a crusader? A wry observer? A compassionate witness? Your social media presence doesn’t have to reflect the deepest aspects of your identity — it’s merely an image that you project, says Monica Zent, founder and CEO of Foxwordy Inc.
One of the most prevalent complaints by associates and recent law school graduates is the lack of meaningful mentoring by more seasoned attorneys. Gary Gansle, leader of Squire Patton Boggs LLP's Northern California employment law practice, offers several tips as a light that can help junior attorneys start down the right path in their career development.