Corporate

  • April 21, 2017

    With H-1B Application Drop, Signs Point To IT Retreat

    After steadily increasing over the last few years, the number of H-1B visa petitions filed this spring dropped by over 30,000, and both immigration attorneys and government data suggest that the decline could be due to large information technology companies filing fewer requests for the skilled worker visas.

  • April 21, 2017

    Tech Giants Urge Trump Not To Drop Qualcomm SEP Suit

    Samsung, Intel and other companies urged President Donald Trump on Thursday to crack down on owners of standard-essential patents who don’t license them on fair terms, and to allow a Federal Trade Commission suit accusing Qualcomm of doing that to proceed in court.

  • April 21, 2017

    Hacking Is Still Top Security Threat: BakerHostetler Report

    For the second year running, a BakerHostetler analysis ranked hacking among the leading causes of clients’ data security incidents, highlighting the importance of taking companywide steps to address intrusions before they occur and making sure everyone from executives to frontline employees knows the risks, according to a recent report.

  • April 21, 2017

    3 Tips For Running A Workplace In Times Of Political Strife

    Hundreds of thousands of workers nationwide are expected to take part in pro-immigration, anti-Trump protests on May 1, presenting a challenge for employers worried about balancing their business needs with employees' desire to express themselves. Here, attorneys give tips on how to minimize both legal liability and worker discontent when politics and protests are top of mind.

  • April 21, 2017

    Wal-Mart Ordered To Pay $12M For Lifting Trade Secrets

    An Arkansas jury on Friday awarded digital agency Cuker Interactive LLC more than $12 million in trade secret damages from Wal-Mart Stores Inc. after it lodged counterclaims against the big-box retailer in a dispute arising from a contract for website development.

  • April 21, 2017

    Facebook Rant Not Enough To Fire Worker, 2nd Circ. Says

    A catering company was wrong to fire an employee for posting a profanity-laced message on Facebook that insulted both a manager and his mother and urged colleagues to vote in favor of unionization, the Second Circuit ruled Friday, but it cautioned that the clearly obscene post lies at the outer limit of acceptability for protected union speech.

  • April 21, 2017

    Trump Orders Review Of 2 Key Dodd-Frank Powers

    President Donald Trump on Friday signed executive orders calling for reviews of powers the Dodd-Frank Act gave regulators to unwind a giant bank and a panel of regulators the 2010 law set up to oversee the financial system.

  • April 21, 2017

    2016 Tax Regs In Peril As Trump To Issue Tax Plan Wednesday

    The White House intends to release its plan to overhaul federal tax laws this coming Wednesday, while the U.S. Department of the Treasury begins reviewing tax regulations issued in 2016 to either repeal or modify them under a presidential executive order signed Friday.

  • April 20, 2017

    Mnuchin Must Bend To Both Trump, Congress On Tax Plan

    The White House faces an uphill task in convincing congressional leaders with differing priorities to back its vision for tax reform, but Treasury Secretary Steven Mnuchin’s vow to not provide absolute tax cuts for the upper class could also end up clashing with President Donald Trump’s own goals.

  • April 20, 2017

    BigLaw Losing Fight Over Indemnity In Counsel Guidelines

    In a buyer’s market for BigLaw services, corporate clients are increasingly demanding — and getting — firms to shoulder the risk of unforeseen or unwelcome outcomes from legal work, experts said at a Thursday gathering of professional liability specialists.

  • April 20, 2017

    Calif. Judge Eyes Fall 2018 For Wal-Mart Cashier Trial

    A California federal judge told Wal-Mart Stores Inc. on Thursday that he’s planning a fall 2018 trial on allegations the retailer violated state law by failing to provide seats for cashiers, adding momentum to the case in the wake of a Ninth Circuit decision affirming class certification.

  • April 20, 2017

    3 Lessons Employers Can Learn From Bill O'Reilly's Ouster

    Bill O’Reilly’s well-publicized departure from Fox News on Wednesday is a textbook example of why businesses should act quickly and decisively to address sexual harassment claims, even if they are against star employees, and should not expect confidential settlements to make the problem go away, attorneys say. Here, Law360 looks at three lessons employers can learn from the controversial pundit’s exit from Fox.

  • April 20, 2017

    Judge OKs $25M TCPA Deal Over Health Service Faxes

    A California federal judge has granted preliminary approval to a $25 million settlement between a health care consulting group and a health care provider in a proposed class action claiming the consulting group sent unsolicited junk faxes promoting various health services, in violation of the Telephone Consumer Protection Act.

  • April 20, 2017

    SEC Issues Fewer IPO Comments As Process Streamlines

    The U.S. Securities and Exchange Commission is issuing fewer but more focused comments on initial public offering submissions, according to new data from Proskauer Rose LLP, continuing a multiyear downward trend that capital markets lawyers say is producing a more streamlined IPO process.

  • April 20, 2017

    McDonald’s Loses Calif. OT Fight, Queuing Up Damages Trial

    A California state judge ruled Thursday that McDonald’s violated state labor law and shorted a class of thousands of workers on overtime through its handling of overnight shifts at its company-run stores, leaving only the matter of damages for next month’s scheduled trial.

  • April 20, 2017

    5th Circ. Delays Appeal Of OT Rule Stay For 2 Months

    The Fifth Circuit on Wednesday gave the government a two-month extension in the appeal of an injunction that blocks the Obama administration's overtime rule, after the Department of Labor had asked to delay proceedings in light of Alexander Acosta, the nominee for labor secretary, having yet to be confirmed.

  • April 20, 2017

    DHS Official Says Cyberthreat Info-Sharing Efforts Growing

    The U.S. Department of Homeland Security’s deputy director for privacy said Thursday that more than 100 companies in the health, finance and a range of other sectors are actively participating in a voluntary program established by Congress in 2015 that enables them to share and receive cyberthreat information from the government.

  • April 20, 2017

    SEC Suits Over Cyber Reporting Could Be On Horizon

    The U.S. Securities and Exchange Commission has yet to lodge a formal enforcement action against a public company for failing to report cyber incidents and risks, but that could change soon, the agency’s acting enforcement chief warned Thursday, adding that she could “absolutely” envision circumstances where one would be necessary.

  • April 19, 2017

    Tesla, Ex-Driverless Program Chief Settle Trade Secrets Row

    Tesla Motors Inc. and Aurora Innovation, the new driverless car startup from a former Tesla Autopilot program director, on Wednesday announced a settlement ending a breach of contract lawsuit Tesla filed in California state court over alleged trade secret theft and poached employees.

  • April 19, 2017

    Trump's H-1B Order May Not Boost Jobs For Americans

    It is unclear if President Donald Trump’s Tuesday executive order on H-1B visas will achieve his goal of preserving jobs for American workers, as the order presented little in the way of specifics about possible reforms and targets a work visa program that accounts for a small portion of the economy, experts say.

Expert Analysis

  • Impact Of 'Buy American And Hire American' On H-1B

    Elizabeth Espin Stern

    President Trump recently signed an executive order addressing the protection of U.S. jobs and preferences for U.S.-manufactured products and goods. While the order has no immediate effect on the processing of H-1B visa petitions, it does give us a clear picture of the administration’s views on the program. The “feeding frenzy” that characterizes the H-1B cap season may well become a thing of the past, say partners of Mayer Brown LLP.

  • 5 Social Media Pitfalls In The Pharmaceutical Industry

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    Because the U.S. Food and Drug Administration has provided only some basic guidance on the subject, companies should take care when using social media in the pharmaceutical industry, which the FDA is clearly watching. With proper planning and execution, the internet is a great vehicle for the industry to advance health improvement and disease prevention, say Henniger Bullock and Colleen Tracy James of Mayer Brown LLP.

  • Lessons From Wells Fargo’s Corporate Control Failures

    Brian K. Tomkiel

    It is tempting to simply blame Wells Fargo’s C-suite for creating a corporate culture that fostered unethical behavior. Yet, a recent investigation into the bank's sales practices tells a deeper story about its corporate control functions and how they failed to fulfill their ultimate mandate — protecting the business from risk, says Brian Tomkiel, director of compliance at Gap Inc.

  • How Employee Data Habits Can Increase Corporate Legal Risk

    David Horrigan

    In our daily work lives, we see a fair amount of anecdotal evidence indicating many of us engage in workplace behaviors that put our personal privacy and company data at risk. However, the results of a recent survey provide a more definitive look at how the era of big data for employees could lead to big risk for employers, says David Horrigan, e-discovery counsel at kCura LLC.

  • Monthly Column

    Gray Matters: The Attorney-Client Team

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    A 1979 study of attorney-client interactions revealed startling information: Despite years of education and training to hone their legal expertise, attorneys were not acting as independent counselors but rather allowing their clients to control them. Our experience is that this trend has accelerated, say dispute resolution experts Robert Creo and Selina Shultz.

  • Litigation Finance, Big Data And The Limits Of AI

    Christopher Bogart

    Theoretically, both better data and its better use should be able to improve results in litigation, and thus help litigation financiers allocate more capital to meritorious matters. However, while big data and artificial intelligence are intriguing additions to the litigation toolkit, they are far from turning litigation finance on its head, says Christopher Bogart, CEO of Burford Capital LLC.

  • Series

    Counsel To Counsel: Mama Said There'll Be Days Like This

    Peter J. Engstrom

    It's no longer enough for law firms simply to provide expert legal advice — we are expected to mirror clients' legal, ethics and social commitments and promises. For law firm GCs, the resulting job demands seem to grow exponentially, says Peter Engstrom, general counsel of Baker McKenzie.

  • Series

    Counsel To Counsel: A Law Firm GC's Data Protection Duties

    Thomas W. White

    Increasingly, we see companies in all industries seeking to perform various levels of due diligence on our information security defenses. We received three times as many diligence requests from clients and prospective clients in 2016 as we did in 2015. Some clients even conduct their own penetration tests, says Thomas White, general counsel of WilmerHale.

  • How Companies Can Prepare For Shareholder Empowerment

    Robert Lamm

    There are signs that investors pushing for governance reforms are increasingly focusing on the middle market. A storm may be coming, but like their larger counterparts, middle market companies have a number of tools to deal with it, says Robert Lamm of Gunster.

  • Series

    Counsel To Counsel: Evaluating Positional Conflicts

    Nicholas A. Gravante Jr.

    What happens when attorneys come to their general counsel’s office with knowledge of a potential positional conflict? While the inquiry will depend on the rules governing the particular jurisdiction, there are a few general questions to consider from both business and legal ethics perspectives, say general counsel Nicholas A. Gravante Jr. and deputy general counsel Ilana R. Miller of Boies Schiller Flexner LLP.