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Corporate

  • December 18, 2018

    Postmate Workers Must Arbitrate Independent Contractor Row

    A California federal magistrate judge ruled Tuesday that workers for Postmates who say they were misclassified as independent contractors must arbitrate their claims due to a mutual arbitration provision in the agreement they signed upon being hired.

  • December 18, 2018

    T-Mobile Tie-Up Inches Closer To Finish Line With Security OK

    Sprint and T-Mobile have notched approval from U.S. national security officials to proceed with their proposed merger, clearing a hurdle that could have impeded the Federal Communications Commission's recently restarted review of the deal.

  • December 18, 2018

    SEC Finalizes Rules For Disclosure Of Hedging Policies

    Final rules approved Tuesday will require companies doing business in U.S. markets to begin disclosing whether any employees or directors are allowed to engage in hedging transactions that provide compensation when the company goes south.

  • December 18, 2018

    Ex-Panasonic Subsidiary Execs Reach Deal After FCPA Row

    The U.S. Securities and Exchange Commission on Tuesday charged two former senior executives of a Panasonic Corp. subsidiary with cooking the books through inflated revenue reports and kickbacks to foreign government officials in a scheme that cost the company more than $280 million.

  • December 18, 2018

    Chamber, Legal Group Back Comcast In Antitrust Ad Row

    Comcast Corp. has received support from the U.S. Chamber of Commerce and the right-leaning Washington Legal Foundation in its Seventh Circuit fight against a $75 million antitrust suit over ad sales, with both organizations arguing the cable provider's actions only demonstrate rational business decisions.

  • December 18, 2018

    Lack Of Noncash Exceptions In BEAT Rules Has Wide Scope

    Proposed base erosion and anti-abuse tax regulations provide U.S. multinationals with much-needed answers to calculation questions, but the inclusion of noncash transactions without any exceptions — including when there aren’t recognized gains or losses — could take companies by surprise.

  • December 18, 2018

    Medtronic, Ex-PTAB Chief Settle Gay Discrimination Suit

    Medtronic PLC has settled a lawsuit accusing the company of firing former Patent Trial and Appeal Board Chief Judge David Ruschke for being openly gay and having health issues during his tenure as its vascular unit's chief patent officer.

  • December 18, 2018

    Trump Signs Bill Changing Small Biz Size Determinations

    President Donald Trump has signed a bill altering the way companies are assessed to be small businesses eligible for federal contract set-asides, the White House announced Tuesday.

  • December 18, 2018

    Judge Scolds DOJ For 'Defensive' Attitude In CVS-Aetna Case

    A D.C. federal judge took U.S. Justice Department lawyers to task for a second time Tuesday over their court filings as they seek final approval of the multibillion-dollar merger of CVS and Aetna, calling their tone "unnecessarily defensive."

  • December 18, 2018

    Jury Clears Ramen Noodle Makers In Antitrust Suit

    A California federal jury has found that Korean ramen companies were not liable for price-fixing, following a rare antitrust class action jury trial that lasted well over a month.

  • December 18, 2018

    Antitrust Chief’s SEP Injunction Speech Puts Focus On Courts

    A recent speech by the head of the U.S. Department of Justice’s Antitrust Division suggesting that injunctions based on standard-essential patents should be more readily available could embolden owners of such patents in litigation, but it’s not clear that courts will follow his lead on the issue, attorneys say.

  • December 18, 2018

    NY Fines Barclays $15M Over CEO's Whistleblower Hunt

    New York’s top banking regulator has hit Barclays with a $15 million fine as part of a settlement announced Tuesday resolving claims stemming from the agency’s investigation into a push by the bank’s CEO to smoke out the source of two 2016 whistleblower letters that raised concerns about a recently hired executive.

  • December 18, 2018

    The Year #MeToo Rocked In-House Law Departments

    General counsel from various industries were forced into the spotlight and held publicly accountable this year — either because they allegedly behaved inappropriately or were accused of handling internal situations poorly — as the #MeToo movement swept through corporate America and its in-house law departments.

  • December 17, 2018

    Sens. Appear Keen On Drafting New Patent Eligibility Law

    Two U.S. senators who held a closed-door meeting last week to discuss possibly rewriting the law governing patent eligibility expressed an interest in beginning the potentially lengthy process of drafting legislation on the issue, according to attorneys who attended the session.

  • December 17, 2018

    Facebook Data Suit Paused To Allow Chancery Records Trial

    A derivative suit targeting Facebook CEO and Chairman Mark Zuckerberg and other leaders of the social media empire for allowing user data breaches related to the Cambridge Analytica scandal will be paused after a Delaware Chancery Court judge said Monday that a books and record suit should be completed first to help prepare the best possible breach of fiduciary duty complaint.

  • December 17, 2018

    Fordham Prof. Seeks $575K Fee For Goldman Pay Objections

    An activist investor and Fordham University School of Law professor asked the Delaware Chancery Court to approve a $575,000 attorneys' fee bid for having raised fairness objections that helped sink a settlement agreement in a stockholder suit challenging the pay of Goldman Sachs Group Inc.'s nonemployee directors.

  • December 17, 2018

    Don't Blame DOJ For Concentration: Antitrust Enforcer

    A top U.S. Justice Department official on Friday defended the Antitrust Division's efforts to ensure markets stay competitive, saying many factors in the rapidly evolving economy could lead to industry concentration in the media and telecom sectors.

  • December 17, 2018

    CBS Kills Moonves Exit Pay After Covington, Debevoise Probe

    CBS Corp. announced Monday that former CEO Leslie Moonves won’t get a severance payment reportedly worth $120 million, after an investigation by Covington & Burling LLP and Debevoise & Plimpton LLP found the former executive violated company policies and didn’t cooperate with the probe into sexual harassment at the media giant.

  • December 17, 2018

    Top 7 Federal Tax Regulations Of 2018

    This year brought the introduction of several new regulations to interpret and implement the $1.5 trillion Tax Cuts and Jobs Act. Here, Law360 looks back at seven major regulatory changes the IRS introduced in 2018.

  • December 17, 2018

    UBS Fined $15M For Weak Money Laundering Detection

    Three U.S. regulatory bodies hit two American units of Swiss banking giant UBS Group AG with $15 million in fines Monday for not investing in resources necessary to combat money laundering since at least 2004, the agencies said in coordinated announcements.

Expert Analysis

  • The Impact Of Texas ACA Ruling And What To Expect Next

    Susan Feigin Harris

    Despite a Texas federal judge's opinion last week deeming the Affordable Care Act unconstitutional, all provisions of the statute remain in place. Moreover, an appeal is a virtual certainty and many believe the decision’s reasoning will fail, say attorneys with Morgan Lewis & Bockius LLP.

  • When Is Antitrust Merger Review Over?

    Peter Jonathan Halasz

    A D.C. federal judge's recent statements about the proposed CVS-Aetna merger settlement heighten concerns regarding the finality of the Hart-Scott-Rodino Act merger review process, say Peter Jonathan Halasz and Gregory Kinzelman of Schulte Roth & Zabel LLP.

  • How FIRRMA Changed National Security Reviews In 2018

    Farhad Jalinous

    The passage of the Foreign Investment Risk Review Modernization Act in August expanded the range of transactions that the Committee on Foreign Investment in the United States is able to review for national security concerns — especially transactions related to China, say attorneys at White & Case LLP.

  • Calif.'s Top Employment Law Developments In 2018

    Mellissa Schafer

    Following an influx of new employment laws enacted in California this year, employers in the state once again have their work cut out for them when it comes to addressing and complying with new legislation that mostly takes effect at the start of 2019, says Mellissa Schafer of Hinshaw & Culbertson LLC.

  • Series

    Judging A Book: Mills Reviews 'Mississippi's Federal Courts'

    Judge Michael Mills

    ​​David M. Hargrove's​ new book​,​ "Mississippi’s Federal Courts: A History," is a remarkably candid portrait of the characters and courts serving the state's federal judiciary from 1798 on, and contributes new scholarship on how judges were nominated during the civil rights era, says U.S. District Judge Michael Mills of the Northern District of Mississippi.

  • How To Work With Regulators During Internal Investigations

    David Chaiken

    The recent courtroom battle over the admissibility of statements made by former Deutsche Bank traders shines a spotlight on a potentially recurring problem — excessive government entanglement in an internal investigation. Counsel conducting such investigations should take certain steps to minimize the risk, say attorneys with Troutman Sanders LLP.

  • Guest Feature

    The Subtle Art Of Fred Fielding

    Fred Fielding

    He was White House counsel to two presidents. When Reagan was shot, he explained the chain of command to a four-star general. And until a few years ago, many people still thought he was Deep Throat during the Watergate scandal. Fred Fielding of Morgan Lewis & Bockius may be the quintessential Washington insider. White and Williams attorney Randy Maniloff learned more.

  • Lessons In Keeping Accountant-Client Emails Privileged

    Mark Leeds

    In U.S. v. Adams, the taxpayer successfully asserted that attorney-client privilege extended to emails with his accountant, but failed to protect underlying documents due to muddy practices. Attorneys at Mayer Brown LLP distill the court’s decision and provide unclouded strategies for keeping communications with accountants away from government scrutiny.

  • Health Care Providers Should Note Recent Fraud Conviction

    Bart Daniel

    A federal judge in South Carolina recently sentenced a former speech therapist to 111 months in federal prison on convictions of criminal health care fraud. Practitioners should be aware of the implications as the sentence is an unrequested and unexpected upward departure, say Bart Daniel and Elle Klein of Nelson Mullins Riley & Scarborough LLP.

  • Opinion

    Pregnancy Discrimination Protections: We Can Do Better

    Craig Barkacs

    Despite strides toward eliminating workplace pregnancy discrimination in recent decades, protections are still not sufficiently established in our business culture or legal structure, says Craig Barkacs of University of San Diego School of Business.