• July 29, 2015

    NLRB Beats US Chamber Suit Over 'Ambush Election Rule'

    A District of Columbia federal judge on Wednesday ruled that the U.S. Chamber of Commerce and other business groups challenging the National Labor Relations Board’s new rule to speed up the union election process failed to prove the rule violated the National Labor Relations and Administrative Procedure acts.

  • July 29, 2015

    Williams Mullen Adds Data Protection, Cybersecurity Practice

    Williams Mullen is expanding its service to include a team that will advise businesses on protecting their personal data, intellectual property and sensitive commercial information, the firm announced Wednesday.

  • July 29, 2015

    CORRECTION: Great American Hit With $10M Claim Over Computer Fraud

    A provider of prepaid cards and payment networks on Wednesday hit Great American Insurance Co. with claims in Georgia federal court that it wrongfully denied coverage for a cyberattack on its systems that resulted in more than $11 million in losses.

  • July 29, 2015

    Fed. Circ. Asked Again To Rehear Anti-Dumping Payout Appeal

    A pair of ball bearing makers tried again Tuesday to convince the Federal Circuit to rehear their constitutional challenge to an expired federal law providing direct payments of anti-dumping duties to affected producers, the latest attack against a contentious law that the circuit court has repeatedly upheld.

  • July 29, 2015

    5th Circ. Backs Hospital Staffer's ERISA Suit

    The Fifth Circuit on Wednesday ordered a Texas hospital to cover a former employee’s treatment for bulimia, depression and other mental health problems, reversing a district judge after finding no proof that the nurse needed prior authorization for care.

  • July 29, 2015

    AmEx Class Says Atty Doc Sharing Doesn't Hinder MDL Deal

    Gary Friedman of Friedman Law Group LLP and two other class plaintiff attorneys in the American Express anti-steering antitrust multidistrict litigation told a New York federal court Wednesday that the recently disclosed communications between Friedman and a now-indicted former MasterCard attorney should have no bearing on the proposed settlement.

  • July 29, 2015

    Reps. Pose Slashed Income Tax Rate For IP Profits

    House lawmakers released a bipartisan proposal Wednesday to apply a greatly reduced, 10 percent income tax rate to U.S. profits derived from intellectual property and allow companies to repatriate IP stashed abroad without paying taxes on such transactions.

  • July 29, 2015

    Obama Picks Lipnic For 2nd Term As EEOC Commissioner

    President Barack Obama said Tuesday he would nominate Victoria Lipnic, an ex-Seyfarth Shaw LLP attorney and former assistant secretary of labor, to serve another term on the five-seat U.S. Equal Employment Opportunity Commission.

  • July 29, 2015

    4 Copyright Cases To Watch In The Second Half Of 2015

    From new proceedings in Google's epic clash with Oracle to key appeals over the Digital Millennium Copyright Act's safe harbor, here are four copyright cases you need to be watching in the second half of the year.

  • July 29, 2015

    US Steelmakers File Massive Trade Case Against 8 Nations

    A coalition of domestic steel producers on Tuesday lodged an immense trade complaint with the U.S. government, demanding remedial tariffs on steel products used in the automotive and construction industries originating from eight trading partners, including China, South Korea and Brazil.

  • July 28, 2015

    6th Circ. Restarts TRW Retiree Benefit Battle After Tackett

    TRW Automotive Holdings Corp. got another chance to challenge a union's victory in a fight over changes made in retiree lifetime health benefits Monday when the Sixth Circuit agreed to send the class action back to district court for reconsideration in light of a recent U.S. Supreme Court decision.

  • July 28, 2015

    Chinese Products Get New Duty Rates After WTO Ruling

    The U.S. Department of Commerce said Tuesday it is implementing recalculated antidumping duty rates on a host of products from China to bring them in line with findings from the World Trade Organization, as part of a dispute with the Asian powerhouse over alleged duplicative duties.

  • July 28, 2015

    Rakoff Looms Over DOJ's Newman Appeal Decision

    With just days left to petition the U.S. Supreme Court to review the Second Circuit's landmark Newman insider trading decision, the U.S. Department of Justice is likely eyeing a recent opinion by District Judge Jed Rakoff as the potential ammunition it would need to mount a winnable case, experts say.

  • July 28, 2015

    Cybersecurity Pros Tell Pols To Tweak Terrorism Liability Law

    A pair of cybersecurity experts on Tuesday urged lawmakers to amend a law passed in the wake of 9/11 that provides liability protections to companies using U.S. Department of Homeland Security-certified products after a terrorist attack to make it clear that it also applies to cyberattacks.

  • July 28, 2015

    Maker's Mark Beats False Ad Suit Over 'Handmade' Label

    A California federal judge on Monday tossed a putative class action claiming Maker’s Mark Distillery Inc. misled consumers by labeling its whiskey “handmade” when it isn’t, axing allegations of negligent and intentional misrepresentation while finding that no reasonable consumer could be misled by the bottle's claim.

  • July 28, 2015

    Google, Viacom Misused Cookies To Track Kids, 3rd Circ. Told

    Plaintiffs urging the Third Circuit to revive their class action allegations that Google Inc. and Viacom Inc. tracked children’s online video habits without consent told the court Tuesday that their case isn’t about eliminating tracking through Internet cookies, but simply preventing their misuse.

  • July 28, 2015

    4 Tips For Avoiding Misclassification Suits

    With “sharing economy” business models like Uber Technologies Inc.’s drawing greater scrutiny and the U.S. Department of Labor indicating this month that most workers qualify as employees under federal law, companies that rely on independent contractors need to take a close look at their contractor agreements and workers’ on-the-ground practices. Here, attorneys offer tips for steering clear of misclassification headaches.

  • July 28, 2015

    NJ High Court Won't Curb Employee Negligence Defense

    The New Jersey Supreme Court refused Tuesday to adopt a bright-line rule barring juries from considering an employee's alleged negligence in workplace injury suits filed against third parties such as a general contractor overseeing a construction project.

  • July 28, 2015

    Abercrombie Bag-Check Suit Paused Pending Tyson Decision

    A California federal judge on Monday agreed to pause a suit against Abercrombie and Fitch Stores Inc. accusing the retailer of stiffing employees pay for time spent waiting for a post-shift bag search, pending the outcome of the U.S. Supreme Court’s decision in a similar suit against Tyson Foods Inc.

  • July 28, 2015

    4th Circ. Won't Reconsider GNC Win In False Ad Suit

    The Fourth Circuit on Monday said it won’t rehear a June case against GNC Corp. where it ruled an advertising claim can’t be actually false if even just one scientific expert says it's true and the “vast weight” of scientific evidence refutes the claim.

Expert Analysis

  • Managing A Company's Internal Environmental Investigation

    Rob Van Walleghem

    Unless corporate policy is absolute, in-house counsel should advocate for use of the work-product privilege when conducting U.S.-based internal investigations. A company can always choose to waive the privilege if it decides to disclose its finding to the government — but it loses that option if it never invokes the privilege in the first place, say attorneys at Alston & Bird LLP and Tervita Corp.

  • Understanding The SEC's Compensation Clawback Proposal

    Alessandra K. Murata

    To the extent classified as an executive officer, a listed company's general counsel will be subject to potential clawback under the recently proposed compensation recovery rules. The rules would apply to all incentive awards granted to these executive officers, including awards granted at a time when the individual was not serving as an executive officer, say Alessandra Murata and Neil Leff of Skadden Arps Slate Meagher & Flom LLP.

  • This Week In Congress: Continuing Resolution Looms

    Richard A. Hertling

    Highway funding remains at an impasse this week, as House and Senate debates continue. Iran also remains a major focus, with only 60 days for Congress to review the nuclear agreement reached earlier this month. Meanwhile congressional leaders have finally acknowledged what has been clear all along — efforts to fund the government past Sept. 30 have failed, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • Sigelman FCPA Trial Won't Affect DOJ Strategy

    Michael Volkov

    In the aftermath of the Foreign Corrupt Practices Act trial of former PetroTiger Ltd. CEO Joseph Sigelman, FCPA commentators are hyperventilating about “trends” and “lessons.” But there is not much to be learned from the federal prosecutors' loss — what happened at trial is nothing more than a regular occurrence in our criminal justice system, says Michael Volkov, CEO of The Volkov Law Group LLC and a former federal prosecutor.

  • REBUTTAL: The Problem With 3rd-Party Litigation Financing

    Lisa Rickard

    Manipulating gender disparity in the service of hawking a flawed investment product does nothing but trivialize a serious and important issue. The tortured logic in Burford Capital LLC’s recent plug for third-party litigation financing is nothing more than a marketing ploy to boost revenues, says Lisa Rickard, president of the U.S. Chamber Institute for Legal Reform.

  • Recent Lessons In D&O Fee Advancement And Indemnification

    David L. Goldberg

    A Third Circuit decision in IP theft case Aleynikov v. Goldman Sachs Group Inc. and the Delaware Chancery Court’s ruling in insider trading suit Holley v. Nipro Diagnostics Inc. have raised important issues regarding fee advancement bylaws. For one, a litigant will not be considered an “officer” simply based on his or her title, say attorneys with Katten Muchin Rosenman LLP.

  • Understanding The DOL's Expansive View Of An Employee

    Joshua F. Alloy

    The import of the U.S. Department of Labor's recent guidance on worker misclassifcation is clear — the DOL is focusing on the increased use of independent contractors, including in the sharing economy, and the manner in which the department will use the economic realities test will result in an expansive view of what constitutes an employee, say Joshua Alloy and Paul Howard of Arnold & Porter LLP.

  • And Up To 20 Years: The Criminalization Of Trade Violations

    Fernando Aenlle-Rocha

    Whereas a customs violation in the past might only have affected a company’s pocketbook, now companies and their executives increasingly are facing criminal investigations and felony charges carrying potential terms of imprisonment of up to 20 years, probation, supervised release and potential career-ending reputational damage, say attorneys with White & Case LLP.

  • This Week In Congress: Highway Ramp-Up, Iran Deal Review

    Richard A. Hertling

    Congress will be focusing on two major deadlines this week, as members stare down the July 31 expiration of the current highway program and start the clock — set by bipartisan legislation approved earlier this year — on review of the multilateral nuclear deal reached last week with Iran, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • You Can't Hide From Calif.'s Paid Sick Leave Law

    Michele H. Gehrke

    Joining the ranks of Massachusetts and Oregon, California's new paid sick leave law may apply to all companies — even those that are out-of-state employers. Mandatory paid sick leave is available to any employee working in California for 30 days or more in a year, even if employed by a non-California employer, unless an employee fits into one of the law's few exceptions, say attorneys at Polsinelli PC.