Corporate

  • April 18, 2018

    Antitrust Concerns Led Fox To Pick Disney Over Comcast

    Walt Disney Co. said in an SEC filing Wednesday that potential regulatory risk including the “possibility of an outright prohibition” led 21st Century Fox Inc. to decline a higher offer from a third party, reportedly Comcast Corp., before agreeing to Disney’s $52.4 billion acquisition deal in December.

  • April 18, 2018

    Facebook Offers Preview Of GDPR-Inspired Privacy Policies

    Facebook Inc. said that it is rolling out new privacy measures for users worldwide in moves designed to comply with the General Data Protection Regulation, a slate of European Union privacy laws coming into effect next month.

  • April 18, 2018

    Frustration Roils Hearing On Multiemployer Plans' Fate

    A Wednesday hearing intended to teach federal lawmakers about what catapulted roughly 100 multiemployer pension plans to the brink of insolvency occasionally devolved into frustration with two experts who refused to offer opinions on proposals to rescue the plans, which hold about 1.5 million workers’ retirement savings.

  • April 18, 2018

    Consent Forms Enough To Add Party To FLSA Suits: 11th Circ.

    The Eleventh Circuit ruled Wednesday that individuals who opt into collective actions under the Fair Labor Standards Act need only file a written consent to become a named party to the case, tackling an issue the appeals court called "a question of first impression in every circuit."

  • April 18, 2018

    7th Circ. Opens Up Path For Cos. To Ditch Data Breach Suits

    The Seventh Circuit built on its reputation for welcoming data breach plaintiffs in the courthouse door by recently reviving claims against Barnes & Noble, but signaled that this invitation isn't indefinite by suggesting for the first time that companies are likely to have the upper hand as these disputes move forward, attorneys say.

  • April 18, 2018

    Ex-Pharma Staffing Exec Gets Noncompete Suit Tossed

    An Illinois federal judge on Tuesday dismissed with prejudice a lawsuit seeking to enforce a noncompete agreement against the former director of Medix Staffing Solutions Inc.’s pharmaceutical and biotechnology staffing division, saying the contract is overly broad and unenforceable.

  • April 18, 2018

    Lowe's Rules Against Workers Talking Salary Aren't Kosher

    A National Labor Relations Board administrative law judge deemed illegal confidentiality provisions in Lowe’s Home Centers LLC’s code of conduct that prevent employees from discussing salary information, among other things, holding that a recent agency decision explicitly declares such rules unlawful.

  • April 18, 2018

    Tax Pros No Longer Sure About Justices' Take On Wayfair

    A group of tax professionals said Tuesday’s oral arguments before the U.S. Supreme Court in a landmark online taxation case left them with the impression that the high court would not easily overturn precedent by allowing states to tax beyond their borders.

  • April 18, 2018

    EY Downplayed Sex Assault And Harassment, Partner Alleges

    An Ernst & Young tax partner has alleged that she was “egregiously” sexually assaulted and harassed by a male colleague and was forced to alter her career after the accounting giant sought to sweep her complaints under the rug, according to a charge filed Wednesday with the U.S. Equal Employment Opportunity Commission.

  • April 18, 2018

    Input Pours In Before NLRB Election Rule Comment Deadline

    More than 6,000 labor groups, businesses and workers responded to the National Labor Relations Board's call for feedback on whether and how to revise a controversial Obama-era rule aimed at streamlining the union election process ahead of a twice-extended comment deadline that passed Wednesday.

  • April 18, 2018

    SEC Commish Warns Of Overreliance On New Market Rules

    U.S. Securities and Exchange Commissioner Hester M. Peirce on Wednesday urged a more careful review of market structure reforms proposed by the agency, saying new rules drafted by financial industry regulators often seem designed to "mitigate" problems created by earlier rules. 

  • April 18, 2018

    GE Board Accused Of Misstating Insurance, Power Financials

    General Electric Co. officers and directors falsely stated the finances of the company's power and insurance segments, ultimately causing share prices to drop as it halved annual dividend payments and lowered its financial forecasts, a shareholder claimed in a derivative suit filed Tuesday in New York federal court.

  • April 17, 2018

    Justices Drop Microsoft Warrant Row, But Fight Far From Over

    Recently enacted federal legislation permitting prosecutors to reach user data stored abroad may have dealt the knockout blow to a U.S. Supreme Court dispute involving Microsoft, but the ability for service providers to continue to challenge international data grabs under the new regime means more fights aren’t far off, attorneys say.

  • April 17, 2018

    Breaking Down The Appeals In $1B VirnetX-Apple Patent War

    The nearly $1 billion won by VirnetX in patent trials against Apple Inc. exists under a cloud since the Patent Trial and Appeal Board has found the patents invalid. With appeals pending from the board's decisions and one of the trials, here's a look at VirnetX's arguments that the patents shouldn't have been reviewed, and Apple's efforts to flip the verdict.

  • April 17, 2018

    Tech Firms Vow Not To Aid Governments In Cyberattacks

    More than 30 technology companies and cybersecurity firms, led by Microsoft and Facebook, pledged Tuesday not to help any government launch cyberattacks on "innocent citizens" around the world, as part of a new agreement over conduct in cyberspace.

  • April 17, 2018

    Supreme Court Frustrated With Arguments In Wayfair Case

    The U.S. Supreme Court appeared divided Tuesday on the question of whether a state could compel remote sellers with no physical presence in the state to collect and remit use tax, with several justices seeming frustrated with the policy-filled arguments.

  • April 17, 2018

    Hazy Recusal Standard Confronts Fully Stocked NLRB

    Former Morgan Lewis & Bockius LLP attorney John Ring’s swearing-in Monday as National Labor Relations Board chair sets the stage for action in a closely watched case over the board’s joint employer test that could chart the course for when board members recuse themselves from cases in the future, experts say.

  • April 17, 2018

    Professionals Predict Win For South Dakota In Wayfair Case

    The U.S. Supreme Court is likely to side with South Dakota in the remote sales tax case, professionals at a Retail Industry Leaders Association conference said Tuesday, the same day the justices heard oral arguments in South Dakota v. Wayfair.

  • April 17, 2018

    Some 10,800 Sales Tax Jurisdictions Await Wayfair Answers

    An exponential increase in places that levy sales and use taxes during the past 25 years has created a scenario in which an estimated 10,801 localities are awaiting an answer from the Supreme Court, the Tax Foundation said Tuesday, further raising the stakes in the landmark South Dakota v. Wayfair case.

  • April 17, 2018

    IRS Grants 1-Day Filing Extension After System Outage

    The Internal Revenue Service is giving taxpayers a one-day extension to file and pay their taxes after experiencing technical difficulties with its online filing system on Tuesday.

Expert Analysis

  • How Compliance Programs Can Foster Internal Whistleblowing

    Gary Giampetruzzi

    Despite the powerful incentives to engage in external whistleblowing after Digital Realty, companies should know that their compliance programs can contribute in meaningful ways to whether employees decide to report possible misconduct internally or to the U.S. Securities and Exchange Commission, say attorneys with Paul Hastings LLP.

  • Best Practices For Building A Better Meeting

    Nicholas Cheolas

    How can we improve meetings in the legal industry, which tends to evolve with the speed of a tranquilized water buffalo mired in quicksand? Breaking it down to three phases can yield significant benefits, says Nicholas Cheolas of Zelle LLP.

  • At Wayfair Args, Justices Seem Hesitant To Overturn Quill

    Clark Calhoun

    While the justices' comments during oral argument in South Dakota v. Wayfair Tuesday indicate that the U.S. Supreme Court is divided about the appropriate response to the South Dakota law at the heart of this matter, a ruling to affirm the status quo and hold for the taxpayers would not be surprising, say attorneys with Alston & Bird LLP.

  • Tips For Defending PCAOB Investigations

    Robert Cox

    It is important for auditors and their counsel to understand the Public Company Accounting Oversight Board's investigatory and decision-making process. In addition, recent developments like the D.C. Circuit's ruling in Laccetti may impact how an attorney defends an investigation, says Robert Cox of Briglia Hundley PC.

  • 5 Ways Law Firms Are Becoming More Like Hotels

    Bella Schiro

    One way law firms differentiate themselves from the competition to attract and retain top talent is through their real estate and workplace strategies. Taking a lead from the hospitality industry can help create a more inviting, welcoming and collaborative workspace environment, says Bella Schiro of Jones Lang LaSalle Inc.

  • What's New In NIST’s Updated Cybersecurity Framework

    Alan Raul

    On Tuesday, the National Institute for Standards and Technology released a revised version of its standard-setting Cybersecurity Framework, once again producing a useful, flexible document that can be applied or adapted by a wide range of companies, says Alan Raul, leader of Sidley Austin LLP's cybersecurity practice.

  • Opinion

    Gorsuch's 1st Year Shows He Is A Conservative Activist

    Elliot Mincberg

    In his first year on the U.S. Supreme Court, Justice Neil Gorsuch has proven to be a narrow-minded elitist who consistently votes in favor of corporations and the powerful, acting to roll back protections for workers, consumers, LGBTQ individuals and other marginalized communities, says Elliot Mincberg of People for the American Way.

  • Opinion

    There Is Middle Ground For US Lawyers On AML Regimes

    Matthew O'Hara

    The American Bar Association continues to oppose legislation that would impose certain European Union and U.K. anti-money laundering requirements on U.S. lawyers. The ABA should further consider its approach to this issue as there is a viable middle ground that protects privileged communications and confidential information while advancing the interests of the legal profession, says Matthew O’Hara of Freeborn & Peters LLP.

  • GDPR And HR: 8 Steps To Compliance For US Companies

    Sam Rayner

    American organizations with a European workforce, or presence, should not assume that they can ignore the General Data Protection Regulation in favor of a self-regulatory approach to employee privacy, as is often favored across the U.S., say Sam Rayner and Tom Mintern of Bird & Bird LLP.

  • 4 Nettlesome Issues For Private Equity Management

    Benjamin Ferrucci

    Tax reform's modification of the carried interest rules received a lot of attention. However, reform did little else to alter the private equity landscape, and private equity portfolio managers still must address four particularly troublesome compensation issues, says Benjamin Ferrucci, a partner at Locke Lord LLP in Boston.