Corporate

  • January 13, 2017

    DOJ, FTC Update Int'l Antitrust Enforcement Guidelines

    The U.S. Department of Justice and the Federal Trade Commission on Friday announced updates to a 22-year-old set of guidelines for international enforcement of U.S. antitrust laws, which shed new light on how federal agencies cooperate with their foreign counterparts during investigations.

  • January 13, 2017

    DOJ, FTC Refresh IP Antitrust Licensing Guidelines

    The U.S. Department of Justice and Federal Trade Commission released on Friday updated antitrust guidelines for the licensing of intellectual property, taking into account recent U.S. Supreme Court decisions and changes to copyright and patent terms.

  • January 13, 2017

    Manufacturer Group OK’d To Fight IRS Anti-Inversion Rule

    Despite objections from the IRS, the National Association of Manufacturers got the green light from a Texas federal judge Thursday to fight a recent anti-inversion rule and argue that the agency violated its legal obligations to solicit public comments.

  • January 13, 2017

    Obama's Biggest Employment Policy Hits And Misses

    When President Barack Obama exits the Oval Office for the last time, he will leave behind a pro-employee legacy that includes greater workplace inclusion and notable progress in fighting wage discrimination, but his administration didn't accomplish all of its goals. Here, Law360 looks at five of the Obama administration’s most notable labor and employment accomplishments and missteps, and how his initiatives may fare under the new administration.

  • January 13, 2017

    Outgoing FTC Chief Leaves Tough Merger Review Legacy

    During nearly four years at the helm of the Federal Trade Commission, outgoing Chairwoman Edith Ramirez built a reputation for being unafraid to go to court to tackle anti-competitive mergers, leaving a string of high-profile wins in her wake.

  • January 13, 2017

    OSHA Releases Guidance For Anti-Retaliation Programs

    The Occupational Safety and Health Administration released a list of guidelines Friday advising employers on how they can effectively implement anti-retaliation programs and help workers feel more comfortable with pointing out potential safety violations.

  • January 13, 2017

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    A popular cybersecurity framework heads for an update, the Chamber of Commerce fights a new workplace injury record-keeping rule, and the House of Representatives takes aim at judicial deference to regulators’ legal interpretations. These stories top the corporate legal news you may have missed this past week.

  • January 13, 2017

    DOL Taking Block Of Persuader Rule To 5th Circ.

    The Department of Labor is appealing a November decision permanently blocking a controversial rule requiring businesses that ask for advice on responding to union campaigns to report when they do so, according to an appeal notice filed Thursday with a Texas federal court.

  • January 13, 2017

    LexisNexis To Pay $1.2M Over Federal Gender Bias Claims

    LexisNexis Risk Solutions has agreed to pay 211 women $1.2 million in back wages to resolve U.S. Department of Labor allegations the company violated an executive order barring federal contractors from underpaying workers because of their sex, the agency announced Thursday.

  • January 13, 2017

    High Court Will Resolve Class Action Waiver Battle

    The U.S. Supreme Court on Friday agreed to consider whether the National Labor Relations Board is correct in its interpretation that arbitration agreements are illegal under federal labor law if they contain class action waivers, setting the stage for a showdown on an issue that has divided circuit courts.

  • January 13, 2017

    FTC Chairwoman Ramirez To Step Down

    Federal Trade Commission Chairwoman Edith Ramirez said Friday she would resign from the competition and consumer protection watchdog effective Feb. 10 as President-elect Donald Trump prepares to take office next week.

  • January 12, 2017

    Ex-HBO Employee Gets 30 Months For Embezzling $1M

    A former HBO employee who pled guilty to embezzling nearly $1 million from the network was sentenced to 30 months in federal prison plus $1.2 million in restitution payments in California federal court on Thursday.

  • January 12, 2017

    How Employers Can Accommodate LGBTQ Workers

    With the law surrounding LGBTQ rights in flux, employers are in dangerous waters, attorneys tell Law360. Here, they provide tips on how companies can avoid legal liability for discrimination and harassment against those on the LGBTQ spectrum as they make their workplaces more welcoming to all.

  • January 12, 2017

    Occasional Slur Not Enough To Show Bias, Va. Judge Rules

    A Virginia federal judge ruled Thursday that a former engineer for the Virginia Department of Transportation failed to back up his claims of racial bias and retaliation by the agency, saying that an occasional racial slur doesn't necessarily amount to discrimination.

  • January 12, 2017

    9th Circ. Revives Apple App Store Monopoly Suit

    The Ninth Circuit on Thursday revived a suit accusing Apple Inc. of illegally monopolizing the market for iPhone apps, ruling that the phone maker is a distributor from which the buyers directly purchase services in a published decision that split from the Eighth Circuit.

  • January 12, 2017

    Amazon To Begin Remitting Sales Tax To South Dakota

    South Dakota Republican Gov. Dennis Daugaard has announced that Amazon.com Inc. will start remitting sales tax in the state, a move that follows Daugaard's signing of a bill seeking to overturn decades-old U.S. Supreme Court precedent that limits states’ ability to collect sales and use taxes from out-of-state sellers.

  • January 12, 2017

    SEC’s Universal Proxy Proposal Draws Wide-Ranging Critique

    The U.S. Securities and Exchange Commission’s proposed rulemaking concerning universal proxy access is drawing mixed reviews from industry professionals, with some suggesting slight tweaks and others bemoaning the impact such changes may have on public companies.

  • January 12, 2017

    Expect More Companies To Disclose Trump In Risk Factors

    As President-elect Donald Trump prepares to take the reins, capital markets attorneys say certain companies behind the scenes are updating the “risk factors” sections of their corporate disclosures to warn investors of potential risks resulting from policy changes in the new administration.

  • January 12, 2017

    Munsch Hardt Adds Corporate Partners In Dallas

    Munsch Hardt Kopf & Harr PC announced Thursday it has added two shareholders to its corporate and securities practice in Dallas, snagging both lawyers from now-dissolved Shannon Gracey Ratliff & Miller LLP, where they co-headed the firm's health care division.

  • January 12, 2017

    SEC OKs Fund Commissions To Help Brokers With DOL Rule

    The U.S. Securities and Exchange Commission issued a no-action letter Wednesday agreeing that broker-dealers can set their own commissions for sales of certain mutual funds, relief that could help brokers and the fund industry adapt to the U.S. Department of Labor’s new fiduciary rule.

Expert Analysis

  • The International Scope Of SEC’s Whistleblower Program

    Vincent H. Cohen Jr.

    Around the world, corporate insiders are taking note of the significant awards issued by the U.S. Securities and Exchange Commission's whistleblower program and are more willing than ever to report their perceptions of corporate misconduct. This is an unmistakable call to action for multinational companies, say attorneys with Dechert LLP.

  • Key Trade Secret Developments Of 2016: Part 2

    Randy E. Kahnke

    Our first article in this two-part series focused on the most significant event in trade secret law in many years — the passage of the federal Defend Trade Secrets Act. Now we leave the DTSA and highlight five other trade-secret trends that promise to shape future developments, say attorneys with Faegre Baker Daniels LLP.

  • Amended Rule 37(e): 1 Year Later

    Samantha Southall

    After a full year in effect, the amended Federal Rule of Civil Procedure 37(e) has been tested in a variety of district courts. A sampling of these decisions reveals that courts seem to be adhering closely to the amended rule and ordering adverse inference instructions only where there was intent to deprive another party of access to relevant information, say Carrie Amezcua and Samantha Southall of Buchanan Ingersoll & Rooney PC.

  • Health Care Enforcement Review And 2017 Outlook: Part 2

    Karen S. Lovitch

    In 2016, courts around the country heard cases involving a variety of False Claims Act and other enforcement-related matters. Going forward these case law developments are expected to have an impact on both the scope of FCA liability and the means by which FCA liability can be proven at trial, say attorneys at Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • In Congress: More Confirmation Hearings

    Richard Hertling

    Democrats will have a difficult time actually defeating any of President-elect Trump's cabinet nominations because of a change they made to the Senate rules to end the filibuster for executive branch nominations. Their goal is not really to defeat the nominees but to draw stark differences early on in the new administration, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • Avoiding The Hidden Costs Of Bargain-Priced E-Discovery

    Michael Cousino

    Many organizations are interested in finding electronic discovery partners who offer tantalizingly low prices for electronic discovery services. However, unforeseen gaps, lax security practices, ignorance of global practices and delayed deliverables can all add up to a surprisingly large final cost, says Michael Cousino of Epiq Systems.

  • The Outlook For Hart-Scott-Rodino Under President Trump

    Jack Sidorov

    With the arrival of the Trump administration and the domestic and foreign policy shifts that may ensue, few eyes have looked at what changes may lie ahead with regard to Hart-Scott-Rodino antitrust premerger notification law and policy. Yet there are two reasons to believe that significant changes may be in store, says Jack Sidorov of Lowenstein Sandler LLP.

  • Employment-Based Immigration And Trump: What To Expect

    Brian J. Coughlin

    As President-elect Donald Trump continues to assemble his cabinet and develop strategies for his first 100 days in office, U.S. employers with temporary foreign workers contemplate an uncertain future. Despite Trump’s prediction that he will in time be regarded as the country’s “greatest jobs president,” many in the international business community remain apprehensive, say Brian Coughlin and David Iannella of Fragomen Del Rey Bernsen & Loewy LLP.

  • Health Care Enforcement Review And 2017 Outlook: Part 1

    Joanne Hawana

    Over the past year, clear trends have emerged in the U.S. Food and Drug Administration’s enforcement activities. In part one of this four-part series, attorneys at Mintz Levin Cohn Ferris Glovsky and Popeo PC examine key 2016 government policies, regulations and enforcement actions in this area, and the likely impact of these trends on enforcement in 2017.

  • Considerations For The 2017 Proxy Season: Part 2

    Joseph M. Yaffe

    In the second part of this two-part series, attorneys with Skadden Arps Slate Meagher & Flom LLP focus on disclosure considerations, including those related to director compensation in connection with recent litigation, Section 162(m) compliance, and resource extraction.