Top News

  • July 21, 2014

    Religious Pushback Expected On LGBT Executive Order

    Although President Barack Obama is no stranger to using federal contracts as a testing ground for employment reform measures, religious employers may be more resistant to Monday's executive order banning discrimination against gay and transgender contractor employees than to other recent efforts, attorneys say.

  • July 21, 2014

    Johns Hopkins Settles Pelvic Exam Suits For $190M

    Johns Hopkins Hospital has agreed to pay $190 million to settle a class action filed by thousands of women who alleged they were secretly videotaped during gynecological examinations by Nikita Levy, who last year killed himself as police closed in, a plaintiff’s attorney said on Monday.

  • July 21, 2014

    Picard Can't Appeal 'Good Faith' Madoff Clawback Ruling

    U.S. District Judge Jed Rakoff refused on Monday to let the liquidating trustee for Bernard L. Madoff’s defunct firm seek appellate review of a decision weakening clawback suits against investors affected by the Ponzi scheme, saying the cases should not “languish” while the Second Circuit tackles a narrow question of law.

  • July 21, 2014

    Deutsche, Barclays Helped Funds Dodge Taxes, Panel Says

    The U.S. Senate Permanent Subcommittee on Investigations revealed on Monday that Barclays Bank PLC and Deutsche Bank AG sold complex, structured financial products to hedge funds for over a decade that allowed the groups to evade federal leverage limits and billions in capital gains taxes.

  • July 21, 2014

    Proskauer Can Point Finger At Accountant In J&J Fraud Suit

    A New York judge on Monday refused to throw out a bid by Proskauer Rose LLP to hold the accountant for relatives of a Johnson & Johnson founder liable in a fraud action over allegedly bad tax advice the firm provided about selling company shares, finding such a counterclaim in a noncontract case is permissible.

  • July 21, 2014

    8th Circ. Set To Consider Dodd-Frank Whistleblower Scope

    A Nebraska federal judge has granted COR Clearing LLC’s bid to ask the Eighth Circuit to weigh in on whether a former executive qualified as a whistleblower under the Dodd-Frank Act despite having never provided information to the U.S. Securities and Exchange Commission.

  • July 21, 2014

    Australian Regulator Says RBS Manipulated Swap Rate

    Australia’s securities regulator on Monday censured the Royal Bank of Scotland PLC after the bank found evidence that certain traders tried to manipulate the Australian Bank Bill Swap Rate in order to benefit its derivative positions.

  • July 21, 2014

    Google Gets 18 Months To Address Italy's Privacy Concerns

    Italy's data protection authority said Monday that it has given Google Inc. 18 months to overhaul the way it collects and retains consumer data for profiling and other purposes, marking the latest regulatory response to Google's implementation of privacy policy changes that allow it to combine user data across platforms.

  • July 21, 2014

    Toshiba Wants $1.1B In Trade Secrets Suit, SK Hynix Says

    Toshiba Corp. is seeking 109.15 billion yen ($1.08 billion) in damages in a trade secrets suit accusing South Korean semiconductor company SK Hynix Inc. of stealing information related to flash memory technology, according to a regulatory filing submitted by SK Hynix on Monday.

  • July 21, 2014

    UK Watchdog Launches Criminal Forex-Rigging Probe

    The U.K. Serious Fraud Office has opened a criminal investigation into allegations of manipulation in the $5.3 trillion foreign exchange market, the agency said Monday.

  • July 18, 2014

    RJ Reynolds Hit With $23B Verdict In Fla. Engle Suit

    A Florida state court jury slammed R.J. Reynolds Tobacco Co. with an unprecedented $23.6 billion punitive damages verdict Friday in a wrongful death lawsuit that was once part of the historic Engle class action.

  • July 18, 2014

    Obama To Sign Executive Order Protecting LGBT Workers

    President Barack Obama will sign an executive order Monday making it illegal for federal contractors to discriminate on the basis of sexual orientation or gender identity, a move that will protect gay and transgender people from employment discrimination, senior White House officials announced Friday.

  • July 18, 2014

    Google Must Give Feds Gmail Account Contents, Judge Says

    A New York federal judge on Friday backed the federal government's bid for a search warrant to force Google Inc. to turn over the contents of a Gmail account as part of a criminal money-laundering probe, rejecting holdings by other courts that such unbounded access requests are too broad.

  • July 18, 2014

    LBDS Admits Using Phony Docs In $25M Trade Secrets Suit

    MRI technology developer LBDS Holding Co. LLC admitted in Texas federal court Friday that it submitted inauthentic documents in a trade secrets suit that yielded a $25 million verdict for the company, roughly two months after the manufactured evidence was disclosed by its former counsel Akin Gump Strauss Hauer & Feld LLP.

  • July 18, 2014

    DC Circ. Bars Suit Against DOD Brass Over Sex Assaults

    The D.C. Circuit ruled Friday that top U.S. Department of Defense officials can't be held personally liable for management decisions in a damages suit launched by U.S. Navy and Marine Corps members who were allegedly raped or sexually assaulted by fellow service members and then later retaliated against.

  • July 18, 2014

    Energy Future Says It Might Toss Ch. 11 Creditor Deal

    Bankrupt power giant Energy Future Holdings Corp. told a Delaware bankruptcy judge Friday that it is considering tossing its prearranged restructuring plan in the wake of several new proposals, including one just this week from NextEra Energy Inc. and a group of junior noteholders.

  • July 18, 2014

    DC Circ. Sticks Volvo With $72M Truck Emissions Fine

    The D.C. Circuit on Friday shot down Volvo Powertrain Corp.'s challenge of a $72 million fine imposed for violating a 1999 Clean Air Act consent decree tied to the manufacture of diesel engines, finding that the agreement applies to 8,354 engines built by a Volvo subsidiary.

  • July 18, 2014

    EPA Moves To Block Large-Scale Mining Near Alaska Fishery

    The U.S. Environmental Protection Agency on Friday proposed restrictions that would prevent a massive open-pit mining project near the world's largest sockeye salmon fishery, finding that major activity in the area would cause irreversible damage to a precious ecosystem.

  • July 18, 2014

    AbbVie Seals $54B Shire Takeover In Major Inversion Deal

    AbbVie Inc. sealed its contentious tax-motivated play for British drugmaker Shire PLC as the companies said Friday that AbbVie would buy its rival in a cash-and-stock deal valuing Shire at £31.35 billion ($54 billion) in one of the largest takeovers of the year.

  • July 18, 2014

    SEC Loses Bid To Make SIPC Repay Stanford Victims

    The D.C. Circuit on Friday affirmed a landmark lower court ruling preventing the U.S. Securities and Exchange Commission from ordering the Securities Investor Protection Corp. to compensate victims of Robert Allen Stanford's $7 billion Ponzi scheme, finding the victims were not customers of a SIPC entity.

Expert Analysis

  • 6 Tips For Creating Effective Trial Graphics

    Aaron Stienstra

    These days, jurors and judges are so accustomed to seeing graphics — on the street, on the Web, on their smartphones — that they expect to see something good in the courtroom. The best graphics are composed of consequential information, clearly displayed, with emphasis on what matters most, paired with artwork that adds meaning. This simultaneously compels people to think, feel and make decisions, says Aaron Stienstra, design direc... (continued)

  • Takeaways From United Technologies' $75M Settlement

    Jeffrey Gerrish

    United Technologies Corporation's global settlement with the U.S. Departments of State and Justice underscores the importance of a robust compliance program to prevent, detect and remediate any violations of export control laws or regulations — especially if products and services are destined for China, say Jeffrey Gerrish and Soo-Mi Rhee of Skadden Arps Slate Meagher & Flom LLP.

  • Understanding Mayo V. Prometheus

    William Merkel

    Following the U.S. Supreme Court's treatment of the machine-or-transformation test in Mayo Collaborative Services Inc. v. Prometheus Laboratories Inc., the test — previously thought to be the governing test for patent eligibility under § 101 — no longer appears to occupy such a prominent role in patent-eligibility jurisprudence, says William Merkel of Marshall Gerstein & Borun LLP.

  • Radlax — 'An Easy Case'

    Douglas Spelfogel

    “This is an easy case,” Justice Antonin Scalia wrote in his opinion in Radlax Gateway Hotel LLC v. Amalgamated Bank, settling the issue of whether the Bankruptcy Code grants the secured creditor a right to credit bid in an auction sale under a plan. But interestingly, the opinion barely mentions the infamous Philadelphia News decision from the Third Circuit which was effectively overruled by the U.S. Supreme Court, say attorneys wi... (continued)

  • The Latest Attempt At Criminalizing 'Robo-Signing'

    Ralph Mazzeo

    While the New York state Senate did not act on the Foreclosure Fraud Prevention Act of 2012 before adjourning its regular session — and as a result there is little chance the bill will be enacted this year — the bill represents the latest attempt by state governments to impose criminal liability on fraudulent foreclosure practices by mortgage servicers or their employees, say attorneys with Dechert LLP.

  • How The 2nd Circ. Aleynikov Opinion Went Awry

    Mark Krotoski

    In United States v. Aleynikov, the Second Circuit recently created an unfortunate cloud over the scope of the federal trade secret statute. The decision detracts from the primary legislative objectives to promote and protect national economic security and punish individuals who misappropriate intellectual property in the form of trade secrets, say Mark Krotoski and Richard Scott of the U.S. Department of Justice.

  • PPACA Victory Sets Stage For New Wave Of Litigation

    Howard Shapiro

    Although the Patient Protection and Affordable Care Act and its coverage mandates have been upheld, the lack of regulatory guidance for many key areas of the statute creates uncertainty regarding implementation and enforcement. No matter how employers and plan fiduciaries approach the various coverage mandates, it is clear that the future is not without risk of litigation, say attorneys with Proskauer Rose LLP.

  • Did The Court Get The Oracle Analysis Right?

    David Makman

    The Northern District of California's opinion in Oracle America Inc. v. Google Inc. is suprising given that there was direct copying and that the threshold of originality required for a work to qualify as copyrightable has traditionally been so low that the application programming interfaces almost certainly qualified as sufficiently original to be protected by copyright, says David Makman of the Law Offices of David A. Makman.

  • Facing CFIUS: Better Safe Than Sorry

    George Wang

    The Committee on Foreign Investment in the United States recently blocked yet another acquisition involving Chinese investors. Any foreign companies looking to invest in the U.S. should be wary of the scrutiny they may confront, and determine whether CFIUS review is likely, say George Wang and Yelena Kotlarsky of Haynes and Boone LLP.

  • A Closer Look At ING's $619M Settlement

    Ed Krauland

    ING Bank NV's $619 million fine to settle criminal charges is the largest ever against a financial institution in connection with an investigation into U.S. sanctions violations and related offenses. The enforcement action is also notable in several other respects, say attorneys with Steptoe & Johnson LLP.