• May 29, 2015

    Privacy Suit Judge Recuses Self After Own Data Breached

    A Florida federal judge gave up overseeing a proposed class action over a health care data breach Friday after receiving a letter from the defendants telling her that her own information had been accessed in the incident.

  • May 29, 2015

    Ex-Merck Director's Pregnancy Bias Suit Heads To Jury

    Counsel for a former Merck & Co. Inc. executive claiming gender and pregnancy discrimination cost her a promotion and then her job made a final pitch to jurors on Friday, trying to paint the business reasons the pharmaceutical giant has offered for those moves as mere pretext.

  • May 29, 2015

    Calif. AG Urges High Court Not To Revisit Union Fees Case

    California Attorney General Kamala Harris has urged the U.S. Supreme Court to deny a group of teachers' petition asking the high court to revisit and overturn its 1977 Abood ruling, which gave states a green light to require public workers to pay union fees.

  • May 29, 2015

    FCC Won't Give Broadband Cos. A Free Pass On Privacy Risks

    The Federal Communications Commission recently warned broadband providers they won't be exempt from regulatory action while the agency drafts specific privacy rules for the industry, a warning that attorneys say should spur these companies to assess their privacy risks despite a lack of clarity from the regulator about their specific obligations.

  • May 29, 2015

    Cable Group Pushes FCC To Ditch Rate Regulation

    The American Cable Association met with Federal Communications Commission staff Wednesday and Thursday to push for the agency's proposal to assume that the cable industry does in fact face effective competition and doesn’t need some rate regulation, according to two ex parte filings.

  • May 29, 2015

    Sally Beauty Confirms 2nd Data Breach In A Year

    Sally Beauty Holdings Inc. confirmed on Thursday that hackers have accessed its customers’ debit and credit card information for the second time in just more than a year, revealing that the company has discovered malware in its point of sale systems.

  • May 28, 2015

    11th Circ. Says Fla. Jury Should Hear FedEx Driver Row

    The Eleventh Circuit on Thursday reversed a lower court’s decision that FedEx Ground Package Systems Inc. pickup and delivery drivers in Florida were independent contractors, ruling that question was better left for a jury to decide.

  • May 28, 2015

    Election Petitions Surge After NLRB Union Rule Takes Effect

    Union election petitions surged in the month immediately following the April 14 effective date of the National Labor Relations Board's controversial rule changing its representation case procedures, according to new data from the NLRB that also showed it was taking an average of just over three weeks to reach an election. 

  • May 28, 2015

    6th Circ. Affirms Sarbanes-Oxley Violations For Bancorp

    The Sixth Circuit on Thursday affirmed a jury’s finding that U.S. Bancorp Investments Inc. violated the Sarbanes-Oxley Act when it fired a certified financial planner after he complained about a co-worker’s questionable trades.

  • May 28, 2015

    NYSDOL Proposes Rules For Reining In Payroll Card Fees

    The New York State Department of Labor on Wednesday published proposed rules for ensuring that workers can choose if they get paid through reloadable payroll cards and that they don’t get saddled with a heavy fee burden if they do make that choice.

  • May 28, 2015

    ACLU Urges US To Reward Discovery Of Cybersecurity Flaws

    The American Civil Liberties Union urged the U.S. government Wednesday to encourage researchers to find online security vulnerabilities by offering them rewards and making it easier to contact security personnel, as many private companies have already done.

  • May 28, 2015

    9th Circ. Says ERISA Appeal Period Can't End On Weekend

    The Ninth Circuit on Thursday revived a former Federal Express Corp. worker’s Employee Retirement Income Security Act suit seeking long-term benefits, setting precedent that appeals sent on a Monday are still timely when the 180-day pre-suit administrative appeals period ends on a weekend.

  • May 28, 2015

    Target Must Reveal Info On Past Data Breaches, Judge Says

    Target Corp. has to tell financial institutions suing over the retailer's massive 2013 data breach whether it suffered similar attacks in the past and if so, how it responded to them, a Minnesota federal judge ruled in the multidistrict litigation Wednesday.

  • May 27, 2015

    5 Items To Watch On DOL's Spring 2015 Agenda

    The U.S. Department of Labor's recently released spring 2015 regulatory agenda lays out an ambitious forecast for the agency as the sun sets on President Barack Obama's White House tenure, employment lawyers say, pointing to a blockbuster overtime rule, sex bias guidelines for federal contractors and other regulations employers ought to have on their radar.

  • May 27, 2015

    Pa. Justices Narrow Employer Liability Exclusions

    The Pennsylvania Supreme Court recently brought the commonwealth in line with most other jurisdictions regarding the scope of an employer's liability exclusions by sharply limiting insurers' ability to use a 50-year-old precedent to bar coverage for those sued by an employee of another company insured under a policy.

  • May 27, 2015

    Boss-Related Stress Not A 'Disability,' Calif. Court Says

    A California state appellate court on Tuesday held that an employee's inability to work under a particular supervisor because of anxiety and stress regarding oversight is not a disability under state law, affirming a lower court's dismissal of a wrongful termination and disability discrimination case against Sutter Medical Foundation.

  • May 27, 2015

    FCC Chair Calls For Action On Robocalls, TCPA Complaints

    The Federal Communications Commission will soon take up a proposal from its chair to increase consumer protections against unsolicited robocalls and texts, agency chairman Tom Wheeler announced Wednesday.

  • May 27, 2015

    EEOC Sues Oilfield Co. After Worker Urinated On By Manager

    A North Dakota oilfield company has been accused of harassing a Filipino former employee based on his race and national origin with a manager allegedly going as far as urinating on the worker, according to a complaint filed Wednesday in North Dakota federal court by the U.S. Equal Employment Opportunity Commission.

  • May 27, 2015

    FBI Won't Treat Data Breach Victims As Targets, Official Says

    A top official in the FBI's cybersecurity division said Wednesday that the bureau has begun to treat breached companies like traditional crime victims rather than negligent data custodians, citing the use of trauma specialists and other victim resources deployed in the aftermath of the 2014 North Korean cyber attack on Sony Corp.'s networks.

  • May 27, 2015

    Massive Class Of Yahoo Email Users Wins Cert. In Privacy Suit

    A California federal judge on Tuesday certified a class including multitudes of email users nationwide in a privacy action that claims Yahoo Inc. violates federal law by scanning emails, and created a subclass for Californians raising state law claims.

Expert Analysis

  • 4 In-House Preferences For Better Outside Counsel

    Patrick H. Reilly

    The best outside counsel change their optics to think like the client. For these lawyers, client service is not just about top-notch legal work — it is about making life easier for the entire in-house team. In the words of litigation counsel at medical device company Zimmer Inc. and outside counsel at Faegre Baker Daniels LLP, here are four ways outside counsel can better serve clients.

  • 5 Ways To Meet DOJ's Heightened Compliance Expectations

    Jonny Frank

    With billion-dollar penalties for misconduct almost becoming commonplace, it’s no surprise the U.S. Department of Justice is raising the bar for compliance risk assessments. When confronted with misconduct, counsel and compliance officers need to be prepared to answer whether the company had identified the violation as a potential risk, says Jonny Frank of StoneTurn Group LLP.

  • Analyzing Data Trends To Shape Complex Litigation Strategy

    Elizabeth Figueira

    With the understanding that jurisdictional data trends can shape complex litigation strategy, Crowell & Moring LLP attorneys Keith Harrison and Elizabeth Figueira offer a snapshot of the time to resolution of recent disputes in the U.S. District Courts and Courts of Appeals.

  • What Distressed Cos. Can Take Away From Quadrant V. Vertin

    Matthew B. Harvey

    The Delaware Chancery Court’s analysis in Quadrant Structured Products Co. Ltd. v. Vertin of the “irretrievable insolvency” test for creditor derivative standing provides guidance for corporations in performing solvency analysis. Vertin also provides insight into where Delaware fiduciary duty law currently stands with respect to insolvent corporations, say Eric Klinger-Wilensky and Matthew Harvey of Morris Nichols Arsht & Tunnell LLP.

  • And Now A Word From The Panel: The MDL Lexicon

    Alan E. Rothman

    As the Judicial Panel on Multidistrict Litigation heads to Minneapolis, Minnesota — currently home to 10 MDL proceedings — for its post-Memorial Day hearing, this month’s column recaps the March session and explores the “MDL Lexicon,” says Alan Rothman of Kaye Scholer LLP.

  • The More Important Part Of High Court's KBR Ruling

    R. Scott Oswald

    While defendants have grabbed media attention with a victory on the wartime rule question in KBR Inc. v. U.S., Justice Samuel Alito's common-sense interpretation of the False Claims Act “first-to-file” rule is the true headline, and will affect FCA practice across a large swath of the country, says R. Scott Oswald of The Employment Law Group PC.

  • Rise Of The Small Firm Class Action Business Model

    Jessica J. Sleater

    The current class action litigation environment has spurned the evolution of the big class action firm toward a sleeker, smaller business model for plaintiffs' attorneys. Even though these new firms are small, they have already proven they can stomach risk and are successfully prosecuting actions against the country’s largest companies, say Jessica Sleater and Eric Andersen of Andersen Sleater LLC.

  • Digging Through The New Federal Rules Of Civil Procedure

    Leeron Morad

    Last month, behind the scenes, the U.S. Supreme Court quietly approved changes to the Federal Rules of Civil Procedure. Though the ultimate impact of the amendments remains to be seen, they will affect discovery and document production proceedings for both litigants and practitioners, say Leeron Morad and Andrew Bramhall of Quinn Emanuel Urquhart & Sullivan LLP.

  • What Was Wrong With BHP Billiton's Compliance Program

    Lisa Prager

    Assistant Attorney General Leslie Caldwell recently reiterated a common theme from enforcement agencies — having a written compliance program on paper is not sufficient. The U.S. Securities and Exchange Commission's settlement with BHP Billiton Ltd. for Foreign Corrupt Practices Act violations is the quintessential case in point, say attorneys with Schulte Roth & Zabel LLP.

  • Calif. Sings A Song Of Song-Beverly Developments

    Stephanie A. Sheridan

    Although Harrold v. Levi Strauss & Co. and Davis v. Devanlay are similar — both involving a request for information made after a customer’s credit card was swiped — they differ in a significant way. While Davis is largely focused on whether the Song-Beverly Credit Card Act imposes a consumer perception test, the issue in Harrold was whether any request after the transaction is completed would violate the law, say Stephanie Sheridan... (continued)