Corporate

  • April 26, 2017

    UBS Can’t Dodge Ex-Mortgage Analyst’s Whistleblower Suit

    A Manhattan federal judge has declined to end a former UBS AG mortgage analyst's lawsuit that claims he was fired for refusing to skew his mortgage-backed securities research to be more favorable to the bank, likely sending the five-year-old dispute to trial.

  • April 26, 2017

    Law Firm’s Docs Are Private, NYC Bar Association Says

    The New York City Bar Association on Tuesday told the Second Circuit that it supported Cravath Swaine & Moore LLP in its bid to block the disclosure of Royal Dutch Shell PLC documents for a planned environmental and human rights suit abroad, saying that handing them over could hurt attorney-client relationships.

  • April 25, 2017

    7 Firms Stand Out As Best At Cybersecurity, GCs Say

    Corporate counsel facing complex and rapidly evolving cybersecurity issues are consistently calling on seven law firms as their go-to's due to their unique ability to help businesses understand a web of legal risks and develop tailored plans to curb their exposure.

  • April 25, 2017

    Apple Strikes Out In 2 Labor Cert. Cases At BALCA

    The Board of Alien Labor Certification Appeals has affirmed the denial of certifications for Apple Inc. to hire two foreign-born workers as a database administrator and a logistician, finding Monday that one candidate did not have the required qualifications and the other lacked the necessary experience.

  • April 25, 2017

    Calif. Looks To Retool Image As International Arbitration Hub

    The state of California is looking to improve its image as an attractive option for hosting commercial international arbitration proceedings by making it easier for foreign and out-of-state attorneys to participate in commercial arbitrations in the state, according to a report released Tuesday.

  • April 25, 2017

    House GOP's Dodd-Frank Overhaul Could Muzzle Regulators

    A bill by House Republicans seeking to rewrite the Dodd-Frank Act would bring major changes to the way primary banking regulators are funded and how much leeway they have in shaping the industry, ultimately making it harder to oversee Wall Street practices, attorneys and policy experts say.

  • April 25, 2017

    SEC Hands Nearly $4M Award To Whistleblower

    The U.S. Securities and Exchange Commission on Tuesday handed over nearly $4 million, its 10th-highest whistleblower award to date, to an individual who alerted the agency about securities misconduct, bringing the program’s total endowment to approximately $153 million.

  • April 25, 2017

    GCs Also Need Business Know-How To Succeed, Study Says

    As the role of corporate general counsel expands to include more executive leadership duties, directors and executives of major companies desire attorneys with a more business-minded approach that complements their legal expertise to fill the position, a new study released Tuesday found.

  • April 25, 2017

    Senate Panel Clears Way For Vote On Trump's USTR Pick

    The Senate Finance Committee unanimously approved the nomination of Robert Lighthizer to serve as the Trump administration’s U.S. trade representative Tuesday after resolving a procedural quarrel over the veteran trade attorney’s past advocacy for foreign governments.

  • April 24, 2017

    Congress Tells SEC To Rein Itself In With CHOICE Act 2.0

    Although Rep. Jeb Hensarling’s second shot at repealing Dodd-Frank faces an uncertain path to passage, experts say the Financial CHOICE Act 2.0 sends a clear message to the U.S. Securities and Exchange Commission to pull back its enforcement program and focus on capital formation — a message likely to be well received by the agency’s new leadership.

  • April 24, 2017

    Axing Obama Tax Regs Could Reopen Loopholes

    President Donald Trump’s efforts to eliminate tax regulations from the previous administration are misguided in a world where businesses crave clarity in interpreting tax laws, according to experts who say the White House should instead focus on facilitating rules that help with business planning and prevent the gaming of tax laws.

  • April 24, 2017

    Shell, Ralph Lauren, Ruth's Beat Del. Suit Over Gift Cards

    A Delaware state judge on Friday threw out the state’s accusations that Shell Oil Co., Ralph Lauren and Ruth’s Hospitality were trying to keep unclaimed gift card balances, finding the state had already brought identical claims against each company in administrative proceedings.

  • April 24, 2017

    Trump Taps Miscimarra As NLRB Head, Renews OSHRC Chair

    The Trump administration said Friday it will nominate National Labor Relations Board acting Chair Philip Miscimarra to take over the position permanently, and it has renominated Occupational Safety and Health Review Commission acting Chair Heather L. MacDougall for a fresh term.

  • April 24, 2017

    Sessions Says DOJ Won't Forsake White Collar Enforcement

    U.S. Attorney General Jeff Sessions said in a speech Monday that the new administration will not bring a sea change in white collar enforcement, saying the U.S. Department of Justice “will continue to investigate and prosecute corporate fraud and misconduct.”

  • April 24, 2017

    White House Reportedly Drafting Massive Corporate Tax Cut

    President Donald Trump has asked his White House staff to hurry up with a legislative proposal to cut the corporate tax rate to 15 percent despite potential repercussions for the federal deficit, according to a media report published Monday.

  • April 24, 2017

    Ex-Fox News Personality Says Network Hacked, Stalked Her

    Fox News hacked on-air personality Andrea Tantaros and employed an army of fake “sockpuppet” social media accounts to stalk her after she complained internally about sexual harassment by ex-network chairman Roger Ailes and newly ousted star Bill O’Reilly, Tantaros alleged Monday in New York federal court.

  • April 24, 2017

    BCBG Can Cancel Azria Employment Contract, Judge Says

    A New York federal judge decided Monday that bankrupt women's apparel company BCBG Max Azria Group Inc. can escape a $7 million golden parachute payment to founder Max Azria's wife Lubov, ruling her employment contract and the company’s 2015 restructuring agreement are not integrated.

  • April 24, 2017

    Chamber Tells 2nd Circ. Law Firm Should Keep Docs Private

    The U.S. Chamber of Commerce backed Cravath Swaine & Moore LLP in a documents dispute Friday, telling the Second Circuit that requiring the law firm to hand over Royal Dutch Shell material for a planned environmental and human rights lawsuit abroad will "chill" attorney-client communication.

  • April 24, 2017

    Vitamin C Antitrust Case Could Trip Trump Up On Trade

    The U.S. Supreme Court could soon force the Trump administration’s hand on a lawsuit involving Chinese companies accused of fixing prices on vitamin C, and a misstep could undermine the government’s already tumultuous relationship with one of the country’s most important trade partners.

  • 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.

Expert Analysis

  • The 9-Year Winning Streak Of Virginia ‘Rocket Docket’

    Bob Tata

    Out of 94 district courts, the Eastern District of Virginia has been the fastest civil trial docket in the country for nine straight years. Without micromanaging the process, the EDVA's judges, magistrate judges, and clerks and staff continue to perform at a stunningly efficient level, says Bob Tata of Hunton & Williams LLP.

  • Employment Class Waivers: Which Came First, FAA Or NLRA?

    Bonnie Burke

    Until the U.S. Supreme Court determines whether mandatory arbitration agreements containing class action waivers are enforceable under the Federal Arbitration Act — despite any protections afforded by the National Labor Relations Act — a close reading of recent appellate decisions provides employers with guidance to overcome the current attacks on such agreements, say Bonnie Burke of Lawrence & Bundy LLC and Christina Tellado of Reed Smith LLP.

  • Opinion

    Let's Talk About Half-Hearted Innovation

    Michael Moradzadeh

    Allowing attorneys to telecommute may seem like a great fix for law firms. But without significant changes to the firm's culture, telecommuting is just a patch applied to the problem of attrition, says Michael Moradzadeh, founding partner of Rimon PC.

  • Fox’s Handling Of O’Reilly Complaints Is A Cautionary Tale

    Ann Fromholz

    To be fair, any company can have a Bill O’Reilly in its midst. The question is whether the company does the right thing once it realizes what’s going on, says Ann Fromholz, a workplace investigation attorney and founder of The Fromholz Firm.

  • How To Reduce Cost Of UK Deferred Prosecution Agreements

    Jonathan Middup

    When combined, the penalties of all agreed-to deferred prosecution agreement settlements in the United Kingdom total roughly 530 million pounds, but public fines are often just the tip of the iceberg. Though a good compliance program may be the best defense against corporate wrongdoing, executives should nonetheless take steps to cooperate with prosecutors and embrace independent scrutiny, says Jonathan Middup of Ernst & Young LLP.

  • Tips For Managing Response To A Gov't Investigation

    Toppi, Vinni - 0937.jpg

    Today’s enforcement environment presents major challenges for unprepared, ill-equipped companies. For any government investigation, early assessment and proper data preservation are key considerations, say Vincenzo Toppi of CohnReznick LLP and Todd Haley of eTERA Consulting.

  • Will Corporate Monitor Reports Become Public?

    John Wood

    If independent compliance monitorships are to remain an important part of how the U.S. government resolves corporate investigations, it is imperative that courts eliminate recent uncertainty and protect monitor reports from public disclosure, says John Wood, a partner at Hughes Hubbard & Reed LLP and former U.S. attorney for the Western District of Missouri.

  • Roundup

    Counsel To Counsel: Insights From Law Firm GCs

    Icon

    General counsel at four law firms share the biggest issues they face in an increasingly complex legal environment.

  • In Congress: A Major Fiscal Deadline

    Hertling_Richard_Covington.jpg

    The current continuing resolution expires at midnight on April 28, leaving Congress very little time to strike a deal to keep the government funded and avert a shutdown. Complicating things are reports that the White House may also be pressuring House leadership to schedule a vote this week on a new version of the health care “repeal and replace” bill, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • 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.