• March 2, 2015

    Business Groups Sue To Block Trenton Paid Sick Leave Law

    New Jersey business groups on Monday sued Trenton, New Jersey, to halt the implementation of a voter-approved law that requires city employers to provide workers with paid sick leave and contended that the court should invalidate the measure because it's preempted by state statutes and unconstitutional.

  • March 2, 2015

    EDekka Tops List Of Repeat Patent Plaintiffs In 2014

    Plano, Texas-based eDekka LLC launched more than 100 patent suits against retailers last year, making it the most active plaintiff in patent infringement litigation in 2014 and a standout among the special breed of aggressive litigants that some attorneys say are wreaking havoc on the patent system today.

  • March 2, 2015

    Judge Koh Nears OK Of $415M Apple, Google Anti-Poach Deal

    U.S. District Judge Lucy H. Koh on Monday signaled she would preliminarily approve a $415 million settlement to end the high-profile antitrust class action accusing Apple Inc., Google Inc. and others of illegally agreeing not to poach each other’s software engineers, months after rejecting a $325 million deal as too small.

  • March 2, 2015

    BofA, GE Push Congress For Tougher Cybersecurity Regs

    General Electric Co., Bank of America Corp. and 30 other companies from a range of sectors, including banking, technology and insurance, pushed Congress on Monday for stronger cybersecurity laws, saying that frequent and sophisticated cyberattacks threaten national and economic security.

  • March 2, 2015

    ACA Cadillac Tax Could Hit Less Expensive Plans

    The federal government's recent call for comments on the Affordable Care Act's so-called Cadillac tax on high-cost insurance plans signals the start of what attorneys say will be a long and complex regulatory process likely dominated by concerns that the scheme's cost-of-living adjustment could subject less expensive plans to the tax.

  • March 2, 2015

    EEOC Fights To Keep Race Bias Analysis From BMW

    The U.S. Equal Employment Opportunity Commission told a South Carolina federal court Friday that BMW Manufacturing Co. LLC has offered no valid reason for why the agency should hand over its “privileged” pre-litigation analysis of the luxury automaker’s background check policy in a race bias suit.

  • February 27, 2015

    Uber Reveals Breach Of 50K Drivers' Data

    Uber Technologies Inc. revealed on Friday that it discovered a data breach last September in which an unauthorized third party accessed a database containing names and driver’s license numbers for 50,000 current and former drivers for the ride-hailing company.

  • February 27, 2015

    White House Unveils Consumer Privacy Bill Of Rights

    The White House on Friday proposed a bill following through on President Barack Obama’s two-year-old commitment to put forward legislation setting in place a consumer privacy bill of rights.

  • February 27, 2015

    Committee OKs Bill To Fight Trafficking By Gov't Contractors

    In a bid to strengthen human trafficking protections, the House Foreign Affairs Committee approved a bill Friday that would nail down the definition of prohibited recruitment fees sometimes charged to foreign workers on government contracts, while also passing legislation regarding North Korean sanctions.

  • February 27, 2015

    GOP Reps. Reboot 4 Bills To Clamp Down On Immigration

    Several Republicans in the House Judiciary Committee on Friday reintroduced two immigration bills focusing on issues related to deporting unauthorized minors, a bill requiring all employers to use E-Verify, and a bill applying criminal penalties to illegal immigration that now also blocks funding for the president’s executive actions.

  • February 27, 2015

    11 Power Players In 2015 Business Tax Reform

    Momentum in Washington is growing behind the idea of a 2015 tax reform package, but lawmakers won't be able to realize that possibility on such a tight deadline without a phalanx of power players to push the effort along. Below, experts share their thoughts on 11 individuals who hold tax reform power in their hands.

  • February 27, 2015

    9th Circ. Won't Revive Netflix Antitrust Suit

    The Ninth Circuit refused on Friday to revive antitrust multidistrict litigation from Netflix Inc. subscribers claiming the company plotted with Wal-Mart Stores Inc. to corner the online DVD sales and rental markets but upheld a $27 million settlement Wal-Mart reached with the plaintiffs in the case.

  • February 26, 2015

    FTC’s Wright Calls For Vote On New FTC Act Section 5 Rules

    Commissioner Joshua D. Wright on Thursday called for a Federal Trade Commission vote on his newly proposed limiting guidelines for the agency’s “ambiguous” authority to police unfair competition, saying that the agency has to act to retain its power under Section 5 of the FTC Act.

  • February 26, 2015

    Obama Order Will Cause Contracting 'Chaos,' Attys Tell House

    Attorneys from Crowell & Moring LLP and Jones Day told House lawmakers Thursday that President Barack Obama's “blacklisting” executive order requiring government contractors to disclose labor law violations and forgo mandatory Title VII arbitration to win contracts was unnecessary and would “create chaos.”

  • February 26, 2015

    Dems Unveil Long-Term Trade Relief Extension

    Democratic lawmakers on Thursday came forward with a bill that would give a five-year extension and funding boost to the suite of Trade Adjustment Assistance programs aimed at providing relief for workers and firms that are displaced by international trade.

  • February 26, 2015

    IGate Says In-House Atty's Sex Assault Suit Filed Too Late

    IGate Technologies Inc. asked a California federal court on Wednesday to toss sexual assault and battery claims from an in-house attorney’s suit accusing the company’s general counsel of denying her a promotion because she refused to have sex with him, saying her suit was filed four days too late.

  • February 26, 2015

    FTC Sees Privacy As Growing Issue In Merger Reviews

    Merger reviews at the Federal Trade Commission could expand to include privacy issues as consumer protections become another way for companies to compete with one another, the head of the watchdog's antitrust unit said Thursday. 

  • February 26, 2015

    House Committee Again Tackles Patent Troll Demand Letters

    A U.S. House of Representatives committee on Thursday grilled patent law experts and representatives of the business community on the best ways to tackle deceptive demand letters sent by so-called patent trolls, picking up a hot discussion that froze in Congress last year.

  • February 26, 2015

    NY AG To Push Whistleblower Rewards Program

    New York Attorney General Eric Schneiderman on Thursday unveiled plans for legislation to create a program to reward and protect whistleblowers who report information about financial frauds to the state’s top cop.

  • February 25, 2015

    High Court Seems To Favor EEOC In Abercrombie Hijab Case

    The U.S. Supreme Court grappled Wednesday with the arguments in a U.S. Equal Employment Opportunity Commission suit over Abercrombie & Fitch Stores Inc.'s refusal to hire a woman who wore a headscarf but didn't mention her Muslim faith, but the justices seemed to be leaning toward siding with the EEOC.

Expert Analysis

  • Sizing Up The Specialty Healthcare Test For Employers

    Kenneth R. Dolin

    Affirmation of the Specialty Healthcare “overwhelming-community-of-interest” test by the Fourth Circuit in Nestle Dreyer’s Ice Cream Co. v. National Labor Relations Board will almost certainly lead to a proliferation of small bargaining units across all industries, but will likely have its greatest impact on manufacturing, public utilities and retail, says Kenneth Dolin of Seyfarth Shaw LLP.

  • Top 10 Reasons To Have An ERISA Litigator On Speed Dial

    Nancy G. Ross

    The U.S. Supreme Court’s heightened interest in the Employee Retirement Income Security Act, an increase in investigations from the U.S. Department of Labor and the dangerous ERISA fiduciary exception to attorney-client privilege are just some of the reasons why companies should have ERISA litigators on speed dial, say Nancy Ross and Brian Netter of Mayer Brown LLP.

  • Yates Ruling Is The Wrong Response To Overcriminalization

    Randall Eliason

    The worst way to respond to overcriminalization is for courts artificially to narrow criminal statutes through results-oriented decisions that ignore the plain language of the law and ultimately lead to irrational results. Unfortunately, that’s exactly what the U.S. Supreme Court did last week in Yates v. United States, says Randall Eliason, a law professor and former federal prosecutor.

  • This Week In Congress: Netanyahu's Controversial Visit

    Richard A. Hertling

    As predicted, Congress managed to avoid a Department of Homeland Security shutdown, but the continuing resolution was shorter than expected. Both chambers will need to spend time this week trying to resolve the funding issue. Meanwhile, other issues remain up in the air as attention turns to Iranian nuclear development, with the Israeli prime minister scheduled to address Congress on Tuesday, say members of Covington & Burling LLP.

  • 3 Takeaways From EEOC V. Abercrombie Oral Arguments

    Dawn R. Solowey

    The U.S. Supreme Court’s decision in U.S. Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores Inc. is expected to focus on what level of knowledge an employer must have that an employee or job applicant’s religious practice may conflict with a job requirement — and from what source — before it has a duty to consider accommodation, say Dawn Solowey and Ariel Cudkowicz of Seyfarth Shaw LLP.

  • 2nd Circ. Seems Skeptical Of DOL Intern Test

    Robert S. Whitman

    While it is premature to draw conclusions from oral argument in Glatt v. Fox Searchlight Pictures Inc. and Xuedan Wang v. Hearst Corp., the Second Circuit hinted that the U.S. Department of Labor's six-factor test for internship status is overly rigid and focused on the utility of an alternate test to determine whether an internship primarily benefits the intern or the employer, say Robert Whitman and Adam Smiley of Seyfarth Shaw LLP.

  • OPINION: In High Court Hijab Case, Reversal Is Likely

    R. Scott Oswald

    At a certain point in Wednesday's oral arguments, the courtroom’s mood changed. Abercrombie had been schooled. And the unusually young and diverse audience — law students, mostly, it seemed — knew it. After arguments closed, a wave of spectators spilled onto the Supreme Court’s cold plaza, where Samantha Elauf emerged to face cameras and questions, beaming. “That was so cool,” many spectators said as they left. —R. Scott Oswald of ... (continued)

  • 2nd Circ. Unlikely To Change Class Action Status Quo

    David D. Yeagley

    It does not appear that the Second Circuit’s decision in Roach v. T.L. Cannon Corp. will usher in a new era of class action certifications. Rather, it seems the court is reading the majority opinion in Comcast Corp. v. Behrend like the dissent — that the majority opinion did not significantly alter the Rule 23 landscape, says David Yeagley of Ulmer & Berne LLP.

  • Legal Departments Are Ramping Up Revenue Searches

    Daniel A. Sasse

    Companies today operate under intense cost and competitive pressures. That reality is driving many legal departments to not only defend cases, but to also get involved in recovering money owed to the company through legal action. And as they do so, they are likely to keep casting a wider net, say Daniel Sasse and Deborah Arbabi of Crowell & Moring LLP.

  • Emerging Trends In Corporate Sustainability Reporting

    Sara K. Orr

    Recently, a potential new legal trend has emerged in which plaintiffs are filing product liability and securities class actions against companies by invoking claims related to environmental, social and governance or sustainability statements. This development demonstrates the risks associated with issuing ESG statements as some consumers and investors will not hesitate to litigate their accuracy or materiality, say Sara Orr and Bar... (continued)