• August 28, 2015

    NLRB Clarifies Successorship Doctrine For New Employers

    The right time to determine a successorship doctrine is when a new employer takes over a business and hires its predecessor’s employees under a retention statute, not after a mandatory retention period has ended, the National Labor Relations Board determined on Thursday.

  • August 28, 2015

    CarMax Asks High Court To Force Worker To Arbitrate OT Row

    CarMax Auto Superstores California LLC has asked the U.S. Supreme Court to consider whether the California Supreme Court’s Iskanian decision, which exempts Private Attorneys General Act actions from mandatory arbitration, is preempted by federal law, saying a former employee should be compelled to arbitrate an unpaid overtime dispute.

  • August 28, 2015

    4 Things To Know About The NLRB's Joint-Employer Decision

    The National Labor Relations Board's recent decision broadening its joint-employer standard ignited a firestorm of media coverage and quickly drew praise from worker advocates and sharp criticism from business groups. Here are four things observers ought to be aware of as the dust settles after the bombshell decision.

  • August 28, 2015

    NLRB Upholds Unlawful Arbitration Pact Ruling

    The National Labor Relations Board has signed off on an administrative law judge's decision that applied the controversial D.R. Horton decision in finding that an arbitration agreement not expressly barring workers from bringing class or collective actions still violated federal labor law because it had the practical effect of doing so.

  • August 28, 2015

    NLRB Says Dues Checkoffs Outlast Expired CBAs

    The National Labor Relations Board ruled Thursday that an employer’s obligation to deduct union dues from employee paychecks continues after expiration of a collective bargaining agreement, upending a 53-year-old standard that allowed the so-called union dues checkoff to cease after a CBA expired.

  • August 28, 2015

    US Chamber Immigration Director Leaving For DHS

    The executive director of immigration policy at the U.S. Chamber of Commerce will be leaving the agency and heading to serve as an attorney in the U.S. Department of Homeland Security next month, the Chamber told Law360 on Friday.

  • August 28, 2015

    3rd Circ. Says Qualcomm Shareholder Vote Was Authorized

    Qualcomm Inc. remained free of claims that company executives weren’t authorized to slate a tax-friendly amended stock bonus plan for a shareholder vote, with the Third Circuit ruling Friday that the board had delegated “broad powers” to the executives to oversee such plans.

  • August 28, 2015

    5 Dos And Don'ts For Employers After NJ's Ethicon Ruling

    A recent New Jersey Supreme Court decision that the state's whistleblower law covers watchdog employees in performing their regular duties has employers fearing more suits, but there are ways to ensure companies are protected when a firing blows up into litigation. Here, experts provide tips for employers in the state.

  • August 27, 2015

    NLRB Puts Spotlight On Employers' Business Relationships

    The National Labor Relations Board's blockbuster decision on Thursday changing its joint employer standard expanded the universe of entities that could be saddled with unfair labor practice liabilities and bargaining obligations, a move that lawyers say should prompt employers to re-evaluate business relationships with the broader joint employer definition in mind.

  • August 27, 2015

    Dole Ruling Weaves A Cautionary Tale For Take-Private Deals

    The $148 million in damages levied by the Delaware Chancery Court on Thursday against Dole Food Co. Inc. CEO David Murdock and General Counsel C. Michael Carter is a stark reminder of the risks associated with navigating the murky waters of a take-private deal led by a majority shareholder, serving as a cautionary tale to deal-makers and their advisers, experts say.

  • August 27, 2015

    Calif. High Court Snubs 9th Circ.'s Data Collection Query

    The California Supreme Court declined on Wednesday to respond to a question certified by the Ninth Circuit to clarify whether retailers in the state can request customers’ personal information because a state appellate court has already ruled they can.

  • August 27, 2015

    DOL Contracting Rule Needs More Dialogue, ABA Section Says

    A section of the American Bar Association asked the U.S. Department of Labor and the Federal Acquisition Regulatory Council on Wednesday to revoke and reissue proposed guidance for a proposed contracting regulation, saying the rule needs more vetting by stakeholders. 

  • August 27, 2015

    EEOC Wants In On Oral Arguments In Sage Trans Bias Case

    The Equal Employment Opportunity Commission wants to argue on behalf of a transgender truck driving instructor who is trying to revive a sex discrimination suit against Sage Corp., telling the Fifth Circuit Wednesday the case raises a critical question about workplace discrimination.

  • August 27, 2015

    Calif. Court Urged to Depublish Chipotle Class Cert. Ruling

    The California Supreme Court should depublish an appellate decision delaying the appeal of Chipotle Mexican Grill Inc. employees' denied class certification, a lawyers association argued Wednesday, saying the ruling will create confusion  about how to balance the timing of an appeal and litigants' rights and clashes with longstanding precedent.

  • August 27, 2015

    NLRB Adopts New Test For Determining Joint-Employer Status

    The National Labor Relations Board “refined” its test for determining joint-employer status Thursday, in a highly anticipated split decision that concluded Browning-Ferris Industries of California Inc. was a joint employer of workers provided by a staffing agency at a BFI recycling plant.

  • August 27, 2015

    Easier AIA Review Amendments Still May Not Be Best Option

    The Patent Trial and Appeal Board in recent months has made it easier to seek patent amendments in America Invents Act challenges, a move that may lead to a slight uptick in amendment requests, but attorneys say it may still be a smarter bet to pursue more flexible proceedings outside the PTAB.

  • August 27, 2015

    Dole CEO, GC Ordered To Pay $148M For Merger Fraud

    The Delaware Chancery on Thursday found Dole Food Co. Inc. CEO David Murdock and General Counsel C. Michael Carter liable to investors to the tune of $148 million for fraud intended to drive the company's price down ahead of Murdock's 2013 go-private deal.

  • August 26, 2015

    Sears Hit With False Ad Class Action Over ‘Phantom' Sales

    A Sears Holdings Corp. unit was slapped with a putative class action on Wednesday in California federal court accusing the retailer of falsely advertising “phantom markdowns” of products in its stores and online based on original prices that were never actually offered.

  • August 26, 2015

    Transit Union's Threats Violated Labor Law, NLRB Judge Says

    A National Labor Relations Board judge on Tuesday ruled that a Washington, D.C., metro transit union violated federal labor law by threatening to fire an administrative assistant for filing a grievance and by instructing her to avoid talking to other employees about their break times.

  • August 26, 2015

    AFL-CIO Questions If TPP Will Protect US Auto Jobs

    The president of the AFL-CIO has questioned whether the Trans-Pacific Partnership will do anything to stop the flood of outsourcing for automotive jobs, blasting the U.S. Trade Representative for a lack of transparency about the partnership’s rule of origin for automobiles and parts.

Expert Analysis

  • Is There 'Credible Information' Of A CTIPs Violation?


    Compliance officers and attorneys need to develop a working understanding of “credible information” as used in the Federal Acquisition Regulation Combating Trafficking in Persons clause. Unlike other terms, “credible information” is not a precise legal term. There is also an inconsistency within the FAR, says Robert Stamps, special counsel for Afghanistan at Fluor Intercontinental Inc.

  • Tips For Responding To An FTC Subpoena

    Julie A. Flaming

    A subpoena from the Federal Trade Commission can be unnerving and may appear daunting in the scope of its requests. Negotiations with the FTC regarding scope of discovery, time frames and even format of production can assist in reducing the burden for companies, say Julie Flaming and Katie Smith of Nelson Mullins Riley & Scarborough LLP.

  • Inside DOD's Interim Rule On Cloud Cybersecurity

    Lawrence Prosen

    As the sophistication of cyber incidents increases and the security of government-protected data gains ever heightened stance, it is key that we continue to develop stronger regulations and protections. The U.S. Department of Defense interim rule relating to DOD-contracted cloud computing services is a good next step — but it is only a step on an undoubtedly long road, says Lawrence Prosen of Thompson Hine LLP.

  • 3rd Circ. Writes A Road Map For Cybersecurity Practices

    Tracy E. Miller

    The Third Circuit's analysis in Federal Trade Commission v. Wyndham Worldwide Corp. of applicable standards for Section 5 enforcement under the Federal Trade Commission Act and the court's discussion of specific shortcomings in Wyndham’s security safeguards create a road map for companies to assess their own practices in the face of mounting cybersecurity threats and clear affirmation of the FTC’s regulatory authority, say Tracy Mi... (continued)

  • Fluor Ruling Is Good News For Calif. Policyholders

    Richard DeNatale

    Last week, in its long-anticipated and unanimous decision in Fluor Corp. v. Superior Court, the California Supreme Court made it significantly easier to transfer insurance rights in corporate acquisitions and reorganizations, placing California squarely in the mainstream view, say Richard DeNatale and Celia Jackson at Orrick Herrington & Sutcliffe LLP.

  • A Look At The Modern Business Judgment Rule

    D. Gordon Smith

    The Delaware courts have made innovative use of the business judgment rule in cases involving takeover defenses, controlling stockholder transactions and stockholder ratifications. The modern business judgment rule is not a one-size-fits-all doctrine, but rather a movable boundary, marking the shifting line between judicial scrutiny and judicial deference, says D. Gordon Smith, professor of law and associate dean at Brigham Young U... (continued)

  • A Useful Case For Directors Of Failed Banks

    Kevin M. LaCroix

    In an interesting opinion that takes a close look at exculpatory bylaw issues and the business judgment rule under North Carolina law, the Fourth Circuit recently affirmed in part and reversed in part the dismissal of a failed bank lawsuit against former directors and officers. Former directors facing Federal Deposit Insurance Corporation lawsuits in other jurisdictions will likely seek to use the court’s rulings to their advantage... (continued)

  • 3 Ethical Traps For 'Gladiator' Litigators

    Debra Squires-Lee

    Olivia Pope, the D.C. lawyer at the heart of the television drama "Scandal," calls herself and her team "gladiators in suits." By that, she means that she is willing to fight for her clients like a gladiator thrown into the arena. While it may be good for TV drama, thinking like a gladiator in reality can get litigators into trouble. Consider the top three ethical mistakes, say Sherin and Lodgen LLP partners Debra Squires-Lee and C... (continued)

  • Top 5 Ways To Help A Law Professional Land A Job

    Mark Newall

    It is a hard truth, but a law degree is a tough thing to have nowadays. Overloaded with thousands of dollars in debt and only a few job prospects that require a law license, many law graduates are looking for ways to manage their careers. We suggest some proven methods to amplify and accelerate your job search, says Mark Newall of Essex Partners Legal.

  • The Management-Friendly Nature Of Delaware Courts

    J. Robert Brown Jr.

    The Delaware Chancery Court in Teamsters Union 25 Health Services & Insurance v. Orbitz incorrectly interpreted a number of legal doctrines, demonstrating the degree to which Delaware law favors management at the expense of shareholders, says J. Robert Brown Jr., a law professor at the University of Denver's Sturm College of Law.