• October 29, 2014

    High Court Review Looms As NLRB Digs In On Horton

    The National Labor Relations Board doubled down on its heavily contested D.R. Horton decision Tuesday, calling arbitration agreements barring employee class actions unlawful and solidifying a split with federal courts that attorneys say will have to be resolved by the U.S. Supreme Court.

  • October 29, 2014

    More Cybersecurity Regs Would Hurt Business, SEC Told

    The U.S. Chamber of Commerce on Tuesday urged the U.S. Securities and Exchange Commission not to go overboard on cybersecurity regulations, saying that legislation forcing public companies to disclose cyberattack information would hurt businesses and harm their relationship with the government.

  • October 29, 2014

    Conciliation Not Open To Review, EEOC Tells High Court

    The U.S. Equal Opportunity Employment Commission has told the U.S. Supreme Court to uphold a Seventh Circuit decision forbidding courts from second-guessing the agency's required efforts to conciliate bias claims before suing employers, saying Congress never intended for such reviews.

  • October 29, 2014

    NLRB OKs Firings Over Profane Facebook Exchange

    The National Labor Relations Board on Tuesday upheld a ruling that cleared a youth program provider for discharging two employees over a profane Facebook exchange, finding that the conversation went so far in advocating insubordination that it lost the protection of federal labor law.

  • October 29, 2014

    NLRB Doubles Down On D.R. Horton In Murphy Oil Fight

    The National Labor Relations Board said Tuesday that gas station chain Murphy Oil USA Inc.'s arbitration agreements barring workers from pursuing class actions were unlawful, reaffirming its D.R. Horton ruling despite a dissent accusing the NLRB of failing to heed "clear instructions" from the U.S. Supreme Court.

  • October 28, 2014

    DOJ To Bring More Criminal Cases Against Hackers

    A U.S. Department of Justice official said Tuesday that the agency has made it a top priority to bring more criminal actions against nation-states and other hackers that target sensitive data held by U.S. corporations, noting that businesses shouldn't have to face the threats alone.

  • October 28, 2014

    House Dems Urge SEC To Target Anti-Whistleblower Pacts

    Eight Democratic members of U.S. House financial services and oversight committees on Monday urged the U.S. Securities and Exchange Commission to crack down on agency-regulated employers who use confidentiality agreements to subvert whistleblowing rules.

  • October 28, 2014

    Retailers Led Calif. Data Breach Surge In 2013, Report Says

    Reported data breaches in California jumped 28 percent last year, and the vast majority came from hackers or malware attacking the systems and networks of retailers such as Target Inc., California Attorney General Kamala Harris reported Tuesday.

  • October 28, 2014

    Clorox's Pricing Favors Larger Retailers, Suit Claims

    Grocery chain Woodman's Food Market Inc. on Monday hit Clorox Co. with a suit in Wisconsin federal court, accusing the household product giant of discriminating against Woodman's by not allowing it to purchase the same bulk Clorox packs sold to Sam's Club Inc. and Costco Wholesale Corp., its top competitors.

  • October 28, 2014

    White House Wants To 'Kill' Online Passwords, Adviser Says

    The White House's top cybersecurity adviser said Tuesday that the Obama administration wants to "kill the password dead" as a method for verifying individuals' online identity, and that the government and industry members are planning to roll out new ways to better secure the verification process within the next year.

  • October 28, 2014

    9th Circ. Judge To Target: Do The Right Thing, Supply Defibs

    Ninth Circuit Judge Harry Pregerson urged Target Corp. and other retailers to recognize their “moral obligation” to keep automatic external defibrillators on hand in a decision Tuesday concurring with the majority’s decision to adopt a California Supreme Court ruling that retailers aren’t legally required to offer them.

  • October 28, 2014

    NY, NJ Have Worst Business Tax Climates: Policy Group

    New York and New Jersey have the nation's most unfavorable tax climates for business, weighed down by complex schemes with high rates, while Wyoming's is ranked best thanks to its lack of corporate and individual income taxes, the Tax Foundation said Tuesday.

  • October 27, 2014

    US Intervenes In Medicaid FCA Suit Against NYC, CSC

    The federal government on Monday intervened in a False Claims Act suit accusing the city of New York and Computer Services Corp. of fraudulently billing Medicaid millions of dollars for services for children with developmental delays by using computer programs that automatically altered billing data.

  • October 27, 2014

    HSBC Escapes Deutsche Bank’s $508M RMBS Suit

    A New York state judge has tossed Deutsche Bank National Trust Co.’s $508 million breach-of-contract suit accusing HSBC Bank USA of refusing to fix breaches of representations regarding the quality of residential mortgage-backed loans, although she allowed Deutsche Bank to replead the claims.

  • October 27, 2014

    $9B Takeda, Eli Lilly Actos Damages Slashed To $37M

    A Louisiana federal judge on Monday slashed a $9 billion punitive damages award against Takeda Pharmaceutical Co. Ltd. and Eli Lilly & Co. over the diabetes drug Actos to $36.8 million, ruling the jury "should bow" to the Constitution's due process clause.

  • October 27, 2014

    Apple Presses High Court To Review Ancora Patent Ruling

    Apple Inc. on Monday urged the U.S. Supreme Court to review the Federal Circuit's decision to revive a suit alleging it infringed a patent for anti-piracy technology, saying that the panel's ruling runs contrary to the Supreme Court's new precedent for patent indefiniteness.

  • October 27, 2014

    Judge Questions Barclays' $20M Libor Settlement

    A New York federal judge on Monday raised concerns over Barclays PLC's recent $20 million settlement with futures and options traders who say the bank manipulated the Libor benchmark interest rate, saying some of the investors may not have timely claims.

  • October 27, 2014

    Layne Christensen Pays $5M To Settle FCPA Probe

    Layne Christensen Co. on Friday agreed to pay over $5 million to settle charges of bribery, false record keeping and inadequate internal controls brought by the U.S. Securities and Exchange Commission against the global water management, construction and drilling company for its payments to African officials.

  • October 27, 2014

    Verizon To Pay $64M In Family Plan Overbilling Class Action

    Verizon Communications Inc. has agreed to pay $64.2 million to settle a class action claiming it improperly billed Family SharePlan participants for overtime minutes and in-network and in-family calls, according to a motion filed Friday by the plaintiffs asking a New Jersey federal judge to approve the deal.

  • October 27, 2014

    FINRA Fines Merrill Lynch $6M Over Short-Sale Violations

    The Financial Industry Regulatory Authority on Monday said it has fined units of Bank of America Corp.’s Merrill Lynch business $6 million for allegedly violating short-selling rules, including allowing thousands of orders through their systems in 2008 that violated emergency bans on "naked" short sales.

Expert Analysis

  • How Law Firms Are Revolutionizing Services In California

    Michael Pontrelli

    The California legal market is experiencing a disruptive transformation as in-house counsel look for ways to trim their budgets by disaggregating services. Business growth in certain sectors of the state's economy has spurred the development of new ways to manage escalating legal costs — for example a new service delivery model that “right-sources” work, says Michael Pontrelli of Huron Legal.

  • How Russian Sanctions Impact Energy And Financial Cos.

    The U.S. Treasury and European Union have continued to expand the scope of economic sanctions in response to Russian activities and the political unrest in Ukraine. In this brief video, Sutherland Asbill & Brennan partner Mark Herlach discusses recent key developments and what the latest round of sanctions mean for energy and financial services companies.

  • How The FEC Responded To Citizens United, McCutcheon

    Joseph Cosby

    While there may be more public debate over the rules the Federal Election Commission recently adopted in response to the U.S. Supreme Court's Citizens United opinion, special attention should be given to the FEC's proposal dealing with the McCutcheon decision. Likely to be one of the more contentious provisions, the FEC requested comments on its enforcement policies concerning earmarked contributions, says Joseph Cosby of Butzel Long PC.

  • The Legal Professions’ Curious Under-Use Of 2nd Opinions

    Judge Wayne D. Brazil

    As conscientious professionals who are required to address problems with notoriously elusive dimensions, lawyers should consider securing second opinions in a much wider array of circumstances than has been the norm, says Judge Wayne Brazil, a neutrual with JAMS and former magistrate judge in the U.S. District Court for the Northern District of California.

  • Supply Chain Management And The Alien Tort Claims Act

    Michael G. Congiu

    The Ninth Circuit's recent revival of the potential for supply chain liability under the Alien Tort Claims Act in Doe v. Nestle USA Inc. less than one year after many believed the U.S. Supreme Court effectively put an end to ATCA's use as a litigation tool to address alleged corporate human rights abuses has increased the importance of effective supply chain management, say Michael Congiu and Stefan Marculewicz of Littler Mendelson PC.

  • New Patent Metrics For Management And Investors

    Stephen Glazier

    No consensus has formed regarding which metrics are best to compare, manage and communicate about mission-critical patent programs. We tested a variety of metrics and selected a new system derived entirely from publicly available raw data for all publicly traded companies, even though the raw IP data may be esoteric, awkward and unappreciated generally by management and investors, says Stephen Glazier of Akerman LLP.

  • Death Of The 'Double Irish Dutch Sandwich'? Not So Fast

    Jeffrey L. Rubinger

    All of the press declaring the “Double Irish Dutch Sandwich” structure a thing of the past as a result of recent Irish finance proposals seems to be a bit overstated. The only thing that has truly changed is the scope of permissible jurisdictions to which management and control may be moved to achieve the desired tax benefits, say Jeffrey Rubinger and Summer Ayers LePree of Bilzin Sumberg Baena Price & Axelrod LLP.

  • A Possible Game-Changer For 'Silent' Arbitration Clauses

    Brian Berkley

    Notwithstanding its arguably questionable precedential support, the Third Circuit’s decision in Opalinski v. Robert Half Inc. is not surprising. It continues arbitration law’s march toward a likely end, by any path, for class action liability for companies and other business entities, say Brian Berkley and Matthew Adler of Pepper Hamilton LLP.

  • 5 Issues For Employers To Consider When Shaping Benefits

    Michelle Capezza

    In light of recent legal developments, most notably passage of the Affordable Care Act, and ongoing national issues, such as America's looming retirement crisis, corporate employers will continue to face incredible challenges to their offered health and benefit plans, says Michelle Capezza of Epstein Becker & Green PC.

  • 4 Reasons GCs Are Cautious About Filing Patent Suits

    Matt Jorgenson

    While patent litigation unquestionably is and will remain an important competitive tool for many companies, a few uncertainties may make a favorable outcome for a patentee more difficult both to assess and to ultimately achieve. These uncertainties also tend to increase the cost for a patentee to litigate successfully to a final judgment, say Matt Jorgenson and Bryan Blumenkopf of Sidley Austin LLP.