• March 24, 2017

    IRS Must Rethink Transfer Pricing Cases After Amazon Loss

    The Internal Revenue Service's blistering loss in a $1.5 billion transfer pricing dispute with Amazon has experts calling for a re-examination of the agency's valuation methodologies in order to prevent it from wasting its own resources and those of taxpayers.

  • March 24, 2017

    Oil Cos.' Trade Secrets Row 'Waste Of Time,' Judge Says

    A Texas judge mulling National Oilwell Varco’s requests for sanctions against a Schlumberger unit and the toss of some jury findings following a two-week trade secrets trial scolded both sides during a hearing Friday, telling the competing equipment and service providers in the oil and gas industry that the case represented a waste of time.

  • March 24, 2017

    Stryker Unit Fights To Keep DJO Poaching Suit In NJ

    Counsel for a Stryker Corp. unit suing DJO Global Inc. and several of its employees over claims DJO illegally poached Stryker staff clashed Friday with a New Jersey federal judge over whether forum selection clauses in certain noncompete agreements meant New Jersey is the right home for the case.

  • March 24, 2017

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    Most law firms say clients refuse to pay up for research costs, the U.S. Supreme Court rejects laches as a defense in patent cases, and Amazon gets a big win in its $1.5 billion tax dispute over European licensing payments. Those stories top the corporate legal news you may have missed last week.

  • March 24, 2017

    Ex-Monsanto Lawyer Must Hand Over Docs In Syngenta MDL

    A Kansas federal court on Friday partially granted a demand from a group of corn producers to compel documents from a former Monsanto in-house attorney in multidistrict litigation over Syngenta’s allegedly false promotion of genetically modified corn, saying there could be relevant information in the attorney’s possession.

  • March 24, 2017

    House Bill Would Make Copyright Chief President Appointee

    The House of Representatives on Thursday introduced a bipartisan bill that would make the register of copyrights a presidentially appointed position, in a move lawmakers are calling a first step in a broader overhaul intended to bring the office into the digital age by giving it more resources and more independence.

  • March 24, 2017

    Nephew’s Google Job Prompts Recusal In Confidentiality Row

    A California judge recused himself Friday from presiding over an anonymous Google employee's putative class action alleging the tech giant’s confidentiality policies violate whistleblower rights and state labor statutes, saying that his nephew works for Google Brain and could financially benefit from the case.

  • March 24, 2017

    DC Circ. Nixes Confidentiality Agreement As Too Broad

    A D.C. Circuit panel on Friday backed the National Labor Relations Board’s invalidation of a Banner Health System confidentiality agreement that barred workers from sharing information about salaries and employee discipline, saying the measure was overly broad.

  • March 24, 2017

    Trump’s Election Ushers In Stronger Optimism, More M&A

    The election of President Donald Trump has fostered new levels of economic optimism for middle market businesses, ushering in strong public valuations amid the promise of regulatory rollbacks, reduced taxes and less expensive health care and paving the way for even more M&A activity.

  • March 23, 2017

    4 Tax Changes Delaying GOP Health Plan Vote

    As President Donald Trump and House Republicans struggle to get backers for their health care plan to replace the Affordable Care Act, Law360 looks at some of the controversial tax changes that are holding up a House vote.

  • March 23, 2017

    5 Takeaways From Clayton's SEC Confirmation Hearing

    President Donald Trump's nominee to chair the U.S. Securities and Exchange Commission, Sullivan & Cromwell LLP partner Jay Clayton, scored points with Republican lawmakers at his confirmation hearing Thursday by lamenting a recent decline in IPOs, but did little to reassure Democrats about his conflicts of interest and financial industry connections. Here are five key takeaways from Thursday's hearing.

  • March 23, 2017

    Justices Avoid Upending Ch. 11 Creditor Payment Practices

    With its ruling that so-called structured dismissals to end Chapter 11 cases cannot sidestep the Bankruptcy Code's creditor priority scheme, the U.S. Supreme Court avoided going so far as to prohibit deviation from the scheme at any time during a case, instead making a carefully tailored decision that doesn't disturb routine practices, experts say.

  • March 23, 2017

    Senate Votes To Undo FCC's Broadband Privacy Rules

    The U.S. Senate on Thursday passed a resolution to repeal broadband privacy rules issued by the Federal Communications Commission last year, leaving the fate of the hotly contested measure in the hands of the U.S. House of Representatives.

  • March 23, 2017

    As Gorsuch Panel Ends, Senate Filibuster Looms

    After days of committee questioning and testimony on Tenth Circuit Judge Neil Gorsuch, President Donald Trump's nominee to the U.S. Supreme Court, many Democrats cemented their opposition Thursday and could try to block his confirmation.

  • March 23, 2017

    Pro Bono Institute CEO Talks In-House Work For Public Good

    In-house pro bono programs can boost morale and build stronger teams, but corporate legal departments need to address a few unique issues before launching one, according to Eve Runyon, president and CEO of the Pro Bono Institute.

  • March 23, 2017

    Del. Justices Uphold Chancery Toss Of $3B C&J Merger Suit

    The Delaware Supreme Court on Thursday upheld the Chancery Court's decision to throw out a shareholder lawsuit challenging C&J Energy Services Inc.'s $2.9 billion merger with Nabors Industries Ltd., ruling that despite the stockholders' "far better" arguments on appeal, they still hadn't convinced the panel to reverse.

  • March 23, 2017

    Ex-UBS Exec Says FINRA Testimony Got Him Fired

    UBS Financial Services Inc. was slapped with a whistleblower suit in New Jersey federal court on Wednesday by a former executive claiming he was fired for a bogus reason after he told the Federal Industry Regulatory Authority about how a coworker facilitated the misuse of an elderly client’s funds. 

  • March 23, 2017

    Tax Court Backs Amazon In $1.5B Transfer Pricing Dispute

    Amazon won a major victory in its $1.5 billion tax dispute with the Internal Revenue Service on Thursday when the U.S. Tax Court ruled that the methods it used to determine payments from its Luxembourg subsidiary for the licensing of intellectual property for online European operations were reasonable.

  • March 23, 2017

    Senate Sends Repeal Of OSHA Record-Keeping Rule To Trump

    The U.S. Senate on Wednesday passed a resolution to kill an Obama-era regulation that would allow the Occupational Safety and Health Administration to fine employers over a full five-year period for failing to properly track and report workplace injuries and illnesses after they occur, sending the measure to President Donald Trump for likely approval.

  • March 22, 2017

    Gorsuch Defends Record, Chevron Critiques At Senate Panel

    Tenth Circuit Judge Neil Gorsuch, President Donald Trump’s nominee to the U.S. Supreme Court, defended his approach to constitutional interpretation before the Senate Judiciary Committee Wednesday, as well as his skepticism of so-called Chevron deference to regulatory agencies' interpretations of federal law.

Expert Analysis

  • Limiting Presidential Powers At The High Court

    Steven M. Swirsky

    The U.S. Supreme Court’s recent ruling in National Labor Relations Board v. SW General certainly has the potential to genuinely impact the Trump administration. However, the real consequences of the court’s ruling to employers, unions and others with business before the board may become apparent after NLRB general counsel Richard Griffin's four-year term expires in November, say Steven Swirsky and Laura Monaco of Epstein Becker & Green PC.

  • A Straightforward Insider Trading Statute Is Overdue

    Jason P. Gottlieb

    As Judge Jed Rakoff observed in a recent speech, it would benefit prosecutors, the courts and investors to have a clearly drafted statute setting forth, to the most specific degree possible, exactly what about insider trading is illegal, and why, say Jason Gottlieb and Daniel Isaacs of Morrison Cohen LLP.

  • Google, NASA, Planes And A Stronger Legal Team

    Nicholas Cheolas

    Why did minor mechanical issues bring down two airplanes, while a catastrophic engine explosion did not bring down a third? The answers lie, in part, in research conducted by NASA in the wake of those crashes and, more recently, by Google. And those answers can help organizations build better teams to meet today’s legal industry challenges, says Nicholas Cheolas of Zelle LLP.

  • What Cos. Must Know About Social Media And Insurance

    Mikaela Whitman

    The instantaneous worldwide access that social media provides, with the ability to repurpose information in the public domain, can multiply a company's liability exposure with a single click. Mikaela Whitman of Liner LLP discusses what steps to take in order to maximize available insurance coverage for social media claims.

  • 10 Tips For Better Legal Negotiations

    Marc J. Siegel

    Like everything else, the art of negotiation starts by having a conversation. It’s about being respectful, finding common ground, knowing what you want and, most importantly, listening. A conversation between two lawyers can be complicated at best, but by employing a few techniques and tactics, it doesn’t have to be that way, says Marc Siegel of Siegel & Dolan Ltd.

  • Monthly Column

    Gray Matters: Decision Error

    Gray Matters

    Lawyers make hundreds of decisions during the course of advising a client, consummating a transaction or litigating a case. In this new column, dispute resolution experts Bob Creo and Selina Shultz explore the theory, science and practical aspects of how decisions are made in the legal community.

  • New NY Cybersecurity Regs Will Have National Reach

    Romaine Marshall

    Given the national reach of the New York Department of Financial Services, the impact of New York's new cybersecurity regulations for the financial services sector will be felt far beyond the state of New York. The new rules may drive similar changes to other state and federal information protection laws, becoming the baseline standard for the industry, say Romaine Marshall and Matt Sorensen of Holland & Hart LLP.

  • 4th Circ. Joint Employer Test Is Incredibly Broad

    Kurt G. Larkin

    The Fourth Circuit’s recent panel decision in Salinas v. Commercial Interiors, which creates an altogether new and incredibly broad joint employment standard under the Fair Labor Standards Act, makes the National Labor Relations Board’s Browning-Ferris joint employment standard seem temperate at best, say Kurt Larkin and Ryan Glasgow of Hunton & Williams LLP.

  • Law Schools And Law Firms: Seeking Common Ground

    Randy Gordon

    What we don’t know is whether the teaching and practice of law are undergoing massive structural changes or we’re still digging out from the worst economic collapse since the Depression. But what we do know is that the missions of the most forward-looking law schools and law firms are converging in ways that were unimaginable 10 years ago, says Randy Gordon, a partner at Gardere Wynne Sewell LLP and executive professor of law at Te... (continued)

  • Key Lessons From Recent Employee Allegations Against Uber

    Christopher D. Durham

    Thankfully, for executives, managers and human resources professionals who are kept up at night by accounts like the recent blog post published by former Uber software engineer Susan Fowler, there are measures that every company can take to minimize the risk that its name will be the next splashed across the headlines, says Christopher Durham of Duane Morris LLP.