• September 17, 2014

    Home Depot Nailed With 1st Bank Suit Over Data Breach

    The Home Depot Inc. was hit with a proposed class action in Georgia federal court Tuesday, in which First Choice Federal Credit Union claims it suffered losses as a result of the home improvement store’s recent data breach — marking the first such suit brought by a financial institution.

  • September 17, 2014

    DOJ Urges FCA Attys To Aid Criminal Fraud Cases

    Federal prosecutors increasingly are mining False Claims Act lawsuits for evidence of criminal conduct by employees of health care companies and defense contractors, a high-ranking official at the U.S. Department of Justice said Wednesday at a gathering of whistleblower attorneys.

  • September 17, 2014

    Businesses Detail Fallout From Lapsed Trade Preferences

    A collection of import-reliant businesses has urged Congress to swiftly renew an expired program allowing the duty-free shipment of goods from nearly 130 countries into the U.S., claiming the lapse of trade preferences has sparked higher costs and lost sales.

  • September 17, 2014

    5 Questions For DOD’s Marguerite Garrison

    Marguerite C. Garrison, the DOD's deputy inspector general for administrative investigations, answers Law360's questions about the handling of new rules that expand whistleblower protections for defense contractor and subcontractor employees.

  • September 17, 2014

    House Panel OKs Trade Secret Bill, Disputed Seizure Rules

    The U.S. House Judiciary Committee gave the green light Wednesday to legislation that would create a federal private right of action for trade secrets theft, but not before Democrats protested ex parte seizure provisions that critics fear could be used for anti-competitive purposes.

  • September 17, 2014

    McDonald's, Darden FLSA Fights Show Pitfalls Of Big Classes

    The recent rejection of large proposed classes in Fair Labor Standards Act cases against McDonald's Corp. and Darden Restaurants Inc. underscores some courts' concerns about the manageability of sweeping collective actions and highlights potential problems that employers can exploit to defeat gargantuan wage suits, lawyers say.    

  • September 17, 2014

    Ex-NLRB Member Moves Closer To Returning To The Board

    Former National Labor Labor Relations Board member Sharon Block — whose 2012 recess appointment was deemed unconstitutional by the U.S. Supreme Court in June — moved a step closer Wednesday toward rejoining the labor board, despite Republican complaints about NLRB bias and her “lack of respect” for the U.S. Constitution   

  • September 16, 2014

    Neiman Marcus Skirts Data Breach Class Action

    An Illinois federal judge on Tuesday tossed a proposed class action alleging that Neiman Marcus Group LLC negligently failed to protect 350,000 customers' credit card information prior to a 2013 hack into the high-end department store's servers, ruling the plaintiffs had lacked Article III standing.

  • September 16, 2014

    4 Tips For Retail Employee Social Media Policies

    As a recent National Labor Relations Board decision against The Kroger Co. demonstrates, employees' use of social media has been a difficult area for the retail industry to navigate. Law360 spoke to employment attorneys to come up with a list of four tips retailers should follow to make sure their social media policies don't run afoul of the NLRB.

  • September 16, 2014

    Schlumberger To Appeal Ex-GC's Award In Trade Secret Case

    Schlumberger Ltd. said Monday it plans to appeal a $600,000 award entered against it after a Texas judge threw out the majority of a lawsuit the company had filed accusing its former chief intellectual property lawyer of sharing trade secrets with Acacia Research Group.

  • September 16, 2014

    Yelp Settles FTC Suit Over Collection Of Children's Info

    Yelp Inc. said Tuesday it will pay $450,000 to settle the Federal Trade Commission’s suit alleging it collected personal information from children under 13 without parental consent, in violation of privacy law.

  • September 16, 2014

    GOP Sens. Float NLRB Reforms To Curb Partisan Activity

    Republican Sen. Lamar Alexander introduced legislation Tuesday co-sponsored by Senate Minority Leader Mitch McConnell to reconfigure the National Labor Relations Board by adding a sixth member as well as provisions to ensure equal Democratic and Republican representation, saying the board's partisan activism needs to be reined in. 

  • September 16, 2014

    NSA Chief Calls For Greater Cybersecurity Collaboration

    National Security Agency director Adm. Michael Rogers on Tuesday called on private industry and Congress to ramp up their efforts to create broad cybersecurity standards, saying public-private partnerships and legislation are necessary to combat the ever-increasing threats on cyber infrastructure.

  • September 15, 2014

    CNN Must Rehire 100 Union Workers, NLRB Says

    The National Labor Relations Board on Monday ordered CNN America Inc. to rehire about 100 union workers fired in a 2003 reorganization and pay back wages to about 200 who stayed with the network, ruling it had ended a union contract out of antiunion animus.

  • September 15, 2014

    DHL Pension Change Didn't Violate ERISA, 9th Circ. Says

    The Ninth Circuit on Monday ruled that DHL Holdings USA Inc. didn't violate the Employee Retirement Income Security Act by blocking pension plan participants from transferring their account balances from a defined contribution plan to a defined benefit plan.

  • September 15, 2014

    Use 'Big Data' With Caution, EEOC Counsel Urges Employers

    A U.S. Equal Employment Opportunity Commission official on Monday warned that longstanding employment laws could be easily applied to employers' increasing use of "big data" but that companies could diminish liability risks by keeping detailed records of how they are using data and avoiding social media profiles.

  • September 15, 2014

    Noel Canning Halts NLRB's Appeal, New Vista Tells 3rd Circ.

    New Vista Nursing and Rehabilitation LLC urged the Third Circuit on Monday to table the rehearing of a National Labor Relations Board appeal in an unfair labor practices dispute because two agency orders at issue involve two agency members found to be invalidly appointed in the U.S. Supreme Court's blockbuster Noel Canning ruling.

  • September 15, 2014

    Ex-Citi Worker Says DR Horton Dooms Bid For Arbitration

    A former Citicorp Credit Services Inc. employee told an Idaho federal court on Friday that it properly relied on the National Labor Relations Board’s D.R. Horton decision to deny the bank’s bid to compel arbitration in a putative class and collective action wage suit.

  • September 15, 2014

    High Court Should Mull Antitrust Causation Rules, Groups Say

    The U.S. Supreme Court was urged by several industry and trade organizations to clarify summary judgment standards, hearing that the Sixth Circuit was wrong to rule that dairy retailers who brought a milk price-fixing class action did not need to show causation for the case to enter the trial stage.

  • September 15, 2014

    DOL Floats Rule Banning Fed. Contractor Pay Secrecy

    Acting on an April executive order from President Barack Obama, the U.S. Department of Labor issued a proposed rule Monday that would bar federal contractors from firing or discriminating against employees or applicants who discuss their pay, or the pay of their co-workers.

Expert Analysis

  • What The EU MasterCard Ruling Means For Banks, Retailers

    Irene Fraile

    The EU Court of Justice recently dismissed MasterCard Inc.’s final appeal against a 2007 antitrust infringement decision. This judgment finally puts an end to a seven-year legal battle over interbank card fees and will have a profound impact on banks, merchants and, ultimately, consumers, says Irene Fraile of Constantine Cannon LLP.

  • White House Continues Push For Contractor Labor Rules

    Susan Cassidy

    Two recent executive orders impose significant compliance burdens on contractors. The duty to self-report labor violations is likely to present attractive grounds for bid protests. It also could spur additional litigation from workers who become aware of violations for the first time as a result of these disclosures, say attorneys with Covington & Burling LLP.

  • Forum Selection Bylaws Are Best Considered On A Clear Day

    Michael G. O’Bryan

    An Oregon court’s decision in Roberts v. TriQuint SemiConductors Inc. shows that enacting an exclusive forum provision on a clear day, before a company sees the storm clouds of litigation on the horizon, may support the enforceability of the provision, say attorneys with Morrison & Foerster LLP.

  • Criminal Antitrust Policy: Bigger Sticks, Smaller Carrots

    Mark Rosman

    Recent policy statements on the U.S. Department of Justice’s criminal antitrust enforcement program provide additional clarity, and significant reaffirmation, on the DOJ’s policies and practices in prosecuting breaches of the antitrust laws. But some comments may leave companies seeking more clarification, say Mark Rosman and Jeff VanHooreweghe of Wilson Sonsini Goodrich & Rosati.

  • Readying For A New First Monday

    Fred T. Isquith

    Fall is in the air. September is flying by. In a few weeks the U.S. Supreme Court will be convening again. But while there are securities cases on the docket, there is nothing as momentous as Halliburton, says Fred Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.

  • A Look At The New US And EU Sanctions On Russia

    Triplett Mackintosh

    While the latest U.S. and EU sanctions do not cut off entire sectors of the Russian economy, they come close, say attorneys with Holland & Hart LLP.

  • OPINION: Pro Bono May Help Diversity Recruiting Efforts

    David A. Lash

    A recent Law360 article about the perennial BigLaw concern over how to recruit and retain female and ethnically diverse attorneys addressed a new approach being taken by some law firms — going beyond traditional mentoring programs by creating a sponsorship relationship. Pro bono can also play a part, say David Lash and Merle Vaughn of the Association of Pro Bono Counsel.

  • Answering Your Questions On NJ's 'Ban-The-Box' Law

    Jill R. Cohen

    New Jersey employers should understand that the Opportunity to Compete Act that Gov. Chris Christie recently signed into law is more lenient than prior iterations — which would have prohibited employers from asking about criminal records until after a conditional offer of employment was made to an applicant, says Jill Cohen of Eckert Seamans Cherin & Mellott LLC.

  • More State Courts Upholding Forum Selection Bylaws

    Melissa L. Nunez

    The recent case of Groen v. Safeway represents a clear move by California to join the growing list of states going on record to endorse the enforceability of forum selection provisions in corporate bylaws, say Robert Friedel and Melissa Nunez of Pepper Hamilton LLP.

  • How Research Efficiency Impacts Law Firm Profitability

    David Houlihan

    For a law firm, excess time dedicated to legal research generates waste, either in the form of artificially reduced billable hours or, particularly in flat or contingency fee projects, as overhead eroding the profitability of legal work. By measuring five factors, firms will begin to understand their own opportunities for improving profits, says David Houlihan of Blue Hill Research Inc.