• February 4, 2016

    Expanded Chipotle Probe Appears Poised To Snarl Execs

    Chipotle's disclosure that prosecutors are now looking beyond a single restaurant embroiled in a norovirus outbreak and seeking food safety records from a three-year period shows that the investigation will focus on what the company's executives knew about safety issues and why they didn't report them sooner, attorneys say. 

  • February 4, 2016

    7th Circ. Denies Yahoo Appeal Bid In 'Welcome Text' Suit

    The Seventh Circuit on Wednesday rejected Yahoo’s bid to appeal an Illinois judge’s decision to certify part of a class of cell phone users who say Yahoo violated the Telephone Consumer Protection Act by sending unsolicited text messages.

  • February 4, 2016

    Commerce Urges Fed. Circ. To Restore Anti-Dumping Tool

    The U.S. Department of Commerce urged a Federal Circuit panel Thursday to overturn a Court of International Trade decision exempting certain Mexico-made wire rods from an antidumping order, saying it undermined the department’s ability to catch other companies trying to skirt the policy.

  • February 4, 2016

    EEOC Wants Court To Compel BNSF Not To Discriminate

    The Equal Employment Opportunity Commission asked a Washington federal court Thursday to compel BNSF Railway Co. against engaging in disability-based discrimination, saying the company has failed to demonstrate it can change its ways.

  • February 4, 2016

    NY Union Tells NLRB It Wants To Rep Some Uber Drivers

    A local New York chapter of the International Brotherhood of Electrical Workers has lodged an election petition with the National Labor Relations Board seeking to represent at least 550 drivers for Uber Technologies Inc. who are stationed at LaGuardia Airport, a petition that the union believes is the first ever made pertaining to Uber drivers.

  • February 4, 2016

    FTC To Closely Police New EU-US 'Privacy Shield,' Brill Says

    Federal Trade Commissioner Julie Brill on Thursday pledged that the commission would robustly enforce the new trans-Atlantic data transfer “Privacy Shield” deal, saying the regulator would not only continue to launch its own probes into businesses’ compliance but also seize on its strengthened partnership with European data protection authorities.

  • February 4, 2016

    3 Ways To Avoid Employment Compliance Reporting Missteps

    Employers are required to submit data on employee demographics to federal agencies, and a failure to comply with reporting requirements can be expensive and expose a company to legal liability. Here, experts share ways to conduct legally sound compliance reporting and avoid any mishaps.

  • February 4, 2016

    SEC Names New Co-Chair Of Renewed Small Biz Committee

    The Securities and Exchange Commission said Thursday it renewed the term of its Advisory Committee on Small and Emerging Companies, which provides recommendations to help small private companies and public companies raise capital, naming a new co-chair in the process.

  • February 4, 2016

    NLRB Nixes Samsung's Class-Action Waiver

    The National Labor Relations Board on Wednesday held that Samsung violated the National Labor Relations Act by maintaining an arbitration agreement that required employees to waive their rights to pursue collective or class actions, but reversed an administrative law judge’s determinations on two other matters in the case.

  • February 4, 2016

    DC Circ. To Weigh Internet Sales Tax Due Process Rights

    A D.C. Circuit panel on Friday will consider whether a Native American Internet tobacco seller's challenge to federal obligations to collect state taxes can proceed in a case that could set precedent on states' power to tax Internet sales.

  • February 3, 2016

    9th Circ. Says Prior Consent Dooms Travel Co. TCPA Suit

    The Ninth Circuit on Wednesday tossed a putative class action claiming a travel technology contractor violated the Telephone Consumer Protection Act by text-spamming a consumer, saying the lower court correctly determined the consumer had given consent by providing her phone number when booking a flight.

  • February 3, 2016

    House Committee To Vote On E-Privacy Reform In March

    The House Judiciary Committee is set to hold a meeting in March to vote on a long-simmering update to the Electronic Communications Privacy Act that has been staunchly opposed by civil agencies such as the U.S. Securities and Exchange Commission, the committee’s chair said on Wednesday.

  • February 3, 2016

    Chamber, Others Back CNN In DC Circ. Joint Employer Row

    The U.S. Chamber of Commerce and other trade groups threw their support Tuesday behind CNN America Inc.’s D.C. Circuit appeal of a ruling by the National Labor Relations Board that CNN and a former subcontractor were joint employers, saying the board overstepped its own precedent regarding joint employer liability.

  • February 3, 2016

    Judges Urge GCs To Get Data Retention Policies In Order

    With the amount of data that companies generate exploding, several judges at a legal technology conference on Wednesday urged general counsel to put their attention to crafting fair and sensible data retention policies before their companies find themselves in litigation requiring the searching of that information.

  • February 3, 2016

    NJ Lawmakers Are Latest Pols Seeking $15 Minimum Wage

    Two New Jersey lawmakers want to raise the state’s minimum wage from $8.38 an hour to $15, announcing on Wednesday what will be the latest in a slew of proposed laws aiming to improve pay in the Garden State.

  • February 3, 2016 Failed To Protect Users From Data Breach, Suit Says

    A customer hit the Internet service company with a proposed class action in California federal court Tuesday over a data breach discovered in August 2015 that affected almost 100,000 users.

  • February 3, 2016

    'Puzzled' 7th Circ. Reopens White Worker’s Race Suit

    A “puzzled” Seventh Circuit on Wednesday reversed the dismissal of a lawsuit accusing a Missouri Department of Transportation contractor of firing a white employee so it could fill a racial minority quota, saying a supervisor’s alleged statement about the quota provided direct evidence for the worker’s claim.

  • February 3, 2016

    NLRB Names New Regional Director In New England

    The National Labor Relations Board has appointed John J. Walsh as its new regional director for Region 1, which covers most of New England, according to the agency.

  • February 3, 2016

    EU Regulators Want More Details On 'Privacy Shield' Deal

    Europe’s privacy regulators on Wednesday called on the European Commission to provide them with more details about the new transatlantic “Privacy Shield” by the end of February, saying it will use the information to determine whether the deal as well as existing alternate data transfer mechanisms are viable.

  • February 2, 2016

    As Signing Nears, Froman Offers Glimpse Of TPP Strategy

    Ahead of the Trans-Pacific Partnership signing ceremony, U.S. Trade Representative Michael Froman on Tuesday sketched out his office’s plans to sell the deal to lawmakers, who have criticized its provisions on banking data, drug protection and tobacco regulations.

Expert Analysis

  • When Workplace Recording Restrictions Are Deemed Unlawful

    Miguel A. Manriquez

    In its case with Whole Foods Market Group Inc. the National Labor Relations Board held that an unqualified prohibition of all workplace audio recording was unlawfully overbroad, meaning employers may still maintain rules regulating recordings, but the rules must be narrowly drawn and must be connected to an overriding employer interest, say attorneys at Michael Best & Friedrich LLP.

  • Yates Memo Creates A Privilege Paradox For GCs

    Ryan S. Hedges

    The U.S. Department of Justice's overly simplistic “facts are not privileged” pronouncement sets forth a new expectation for corporate investigations that will not be so easily achieved, say Ryan Hedges and Kirsten Konar of Vedder Price PC.

  • Consider Your Options As NY Proxy Access Efforts Continue

    Yafit Cohn

    The proxy access proposals submitted to public companies by the New York comptroller’s office this year suggest that, in its sustained pursuit of a global standard of proxy access, the comptroller’s office may continue to target those issuers at which its proposal has previously failed, say attorneys with Simpson Thacher & Bartlett LLP.

  • Employer Lessons From Chipotle’s Multiplaintiff Jury Trials

    Ellen R. Storch

    The evidence in a recent lawsuit brought against Chipotle by seven female managers alleging discriminatory termination based on gender is subtle but still offers important insights because the case shows how slightly improved human resources practices can allow employers to avoid liability for alleged discrimination, says Ellen Storch at Kaufman Dolowich & Voluck LLP.

  • Navigating The Legal Minefield Of Politics In The Workplace

    David L. Barron

    Welcome to the 2016 election season, one that will cause employers across the country to take a long look at their policies on political discussion in the workplace. With this election year shaping up to be full of controversial candidates and strong feelings on both sides of the political aisle, David Barron of Cozen O'Connor PC offers tips to help employers lawfully enact policies and avoid unnecessary litigation.

  • Is Your Company Insured Through The London Market?

    Allison Newstead

    As of August 2016, the U.K. Insurance Act 2015 will alter the landscape of insurance and reinsurance contracts placed through the London market or governed by English law — and there are several circumstances in which U.S. or multinational companies may be affected by the act, say attorneys at Shook Hardy & Bacon LLP.

  • How To Handle The Jury-Law Disconnect In Employment Cases

    Dawn Reddy Solowey

    More often than not, jurors arrive to the courthouse with a firm set of convictions about what “rules” apply in the workplace. For this reason, it is critical for trial counsel to understand the workplace rules jurors are likely to impose and to build a defense strategy that deals with those perceptions directly, says Dawn Reddy Solowey of Seyfarth Shaw LLP and Dr. Laurie Kuslansky of Laurie Kuslansky & Associates LLC.

  • In Congress: Republican Messaging, Fiscal Year 2017, Flint

    Richard A. Hertling

    A new challenge to bipartisan, comprehensive energy legislation came last week when several Democratic senators introduced an amendment aimed at providing emergency resources to Flint, Michigan, to address severe contamination from lead in the city’s drinking water, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • DOL Cements Tough Stance On Joint Employment

    Andrea M. Kirshenbaum

    In its newly issued administrator’s interpretation, the U.S. Department of Labor took a decidedly aggressive position on joint employment, and in arguing that joint employer liability may be imposed based solely on “economic dependence,” the DOL has imposed on employers precisely the type of potential liabilities that they sought to eliminate by outsourcing in the first place, say attorneys at Post & Schell PC.

  • Top SEC Disclosure Triggers For E&P Co. Annual Reports

    William B. Nelson

    In light of the harsh environment for oil and natural gas production, U.S. Securities and Exchange Commission staff has within the last 12 months issued a number of comment letters to exploration and production companies relating to disclosures about the effects of weakened market conditions. Reporting E&P companies should be taking these letters into account when preparing their 2015 year-end reports, say attorneys with Haynes and Boone LLP.