Corporate

  • February 24, 2017

    Schlumberger Unit Tells Jurors Trade Secrets Were Taken

    An attorney for Schlumberger Ltd. subsidiary M-I LLC, which operates as M-I SWACO, told jurors during closing arguments Friday that had the company's former employee left to work for its competitor in “the right way,” a lawsuit over its trade secrets that has dragged on for nearly three years wouldn't have been necessary.

  • February 24, 2017

    Ex-Lemon Execs Say Calif. Case Should Halt LifeLock IP Suit

    Former executives of Lemon LLC told a Delaware Chancery judge Friday that a suit over intellectual property brought by LifeLock Inc. should be tossed because the same issues have been raised in a California action that has been stayed in that venue, arguing that Delaware precedent prevents overlapping litigation.

  • February 24, 2017

    1st Circ. Affirms Cocktail-Napkin Insider Trading Conviction

    The First Circuit on Friday affirmed the conviction of a Massachusetts man who got a tip about a bank acquisition on a country club cocktail napkin, finding the "surreptitious" manner of the tip was enough for a jury to conclude that he knew his tipper was spilling secrets.

  • February 24, 2017

    Whole Foods Asks 2nd Circ. To Nix NLRB No-Recording Rules

    Whole Foods Market Inc. asked the Second Circuit on Friday to scuttle rulings by the National Labor Relations Board that say recording by employees in the workplace is protected under the National Labor Relations Act, saying the board ignored its own precedent that acknowledges the “chilling effect” of recording.

  • February 24, 2017

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    H1-B visa approvals fall despite a rise in petitions, the SEC announces it will drop collateral bars that result from misconduct predating the Dodd-Frank Act, and the U.S. Supreme Court takes on patent infringement via overseas shipment. Those stories top the corporate legal news you may have missed last week.

  • February 24, 2017

    Trump Shows Optimism For Republican Border Tax Plan

    President Donald Trump said during a media interview on Thursday that a plan from congressional Republicans to include a border adjustment tax in an overhaul of the tax code could create jobs, but still stopped short of endorsing the proposal.

  • February 24, 2017

    FCC’s Pai Moves To Halt Data Security ISP Privacy Rule

    Federal Communications Commission Chairman Ajit Pai will act with or without his fellow commissioners to hold off on making effective a data security rule in broadband provider privacy regulations passed late in the Obama administration, representatives for the chairman’s office confirmed Friday.

  • February 24, 2017

    Chevron Admits Risks Of Climate Change Probes, Litigation

    Chevron Corp. on Thursday acknowledged to investors that increasingly aggressive public efforts to combat climate change could eventually strand its oil and gas resources underground, as well as open the company up to governmental probes and litigation, a fate that has already befallen fellow energy giant ExxonMobil Corp.

  • February 24, 2017

    Senator Accuses Sally Yates Of 'Sabotage,' Launches Probe

    Sen. Chuck Grassley, R-Iowa, launched a Judiciary Committee investigation Thursday into Sally Yates, accusing the then-acting U.S. attorney general of sabotaging President Donald Trump's immigration ban by ordering government lawyers to not defend it.

  • February 24, 2017

    Cooley DQ'd In Leapfrog’s Trademark Suit

    A California federal magistrate judge has granted Leapfrog Enterprises Inc.’s request to disqualify Cooley LLC from representing competing educational game company Epik Learning LLC in a trademark infringement suit.

  • February 24, 2017

    Pa. Court Says Immunity Can't End Abusive Litigation Claims

    The Pennsylvania Superior Court ruled Thursday that the doctrine of judicial privilege — which gives lawyers absolute immunity for actions taken on behalf of clients — cannot be used to put to bed claims against attorneys for pursuing knowingly frivolous or abusive litigation.

  • February 24, 2017

    Trump Orders Agencies To Create Deregulation Task Forces

    Flanked by some of the nation’s top manufacturing executives, President Donald Trump signed an executive order Friday directing federal agencies to create task forces to identify burdensome regulations ready for the chopping block, promising the end of “an impossible situation” for U.S. companies and new economic growth.

  • February 23, 2017

    Bio-Rad Agrees To $3.5M Fees In Ex-GC Firing Case

    Bio-Rad Laboratories Inc. on Thursday agreed to pay $3.5 million in attorneys’ fees and costs to the team that represented former general counsel Sanford Wadler in his $8 million jury win in a retaliation suit arising from whistleblowing on potential Foreign Corrupt Practices Act violations.

  • February 23, 2017

    Trump's Trans Bathroom Access U-Turn May Not Slow EEOC

    Although the Trump administration made waves in rescinding an Obama-era directive that transgender public school students be allowed to use the bathroom of their choice, experts say employers shouldn't assume the U.S. Equal Employment Opportunity Commission will take its foot off the enforcement throttle when it comes to transgender rights in the workplace.

  • February 23, 2017

    Tax Reform Possible Despite Border Adjustment Opposition

    Despite growing opposition from retailers and within the GOP's own ranks to a tax reform blueprint that would disallow deductions for import costs, experts are hopeful that a compromise going beyond mere tax cuts is possible.

  • February 23, 2017

    FCC Grants Small-Business Relief From Transparency Rules

    The Federal Communications Commission’s Republican majority voted Thursday to exempt broadband providers with 250,000 or fewer subscribers from stepped-up transparency rules in the 2015 Open Internet Order as the lone Democratic commissioner objected amid questions of how the GOP will deal with broader net neutrality rules.

  • February 23, 2017

    5 Rules For RFPs From The People Who Read Them

    With the use of RFPs by legal departments at an all-time high, it’s crucial that law firms learn how to stand out from the pack and avoid ruffling the feathers of the procurement and legal operations professionals who review the submissions. Here’s how they say law firms can make the most of an RFP.

  • February 23, 2017

    Mnuchin Shares GOP's Optimistic Timeline For Tax Reform

    Treasury Secretary Steven Mnuchin exhibited the same ambition as House Republicans Thursday when he expressed a commitment to seeing growth-enhancing tax reform, with an emphasis on cuts for the middle class and business, before Congress leaves for its August recess.

  • February 23, 2017

    FinCEN To Keep Watching Shell Cos.' Big Real Estate Deals

    Title insurance companies will have to keep disclosing the real buyers behind shell companies that pay cash for luxury homes in several major cities, after the Financial Crimes Enforcement Network extended the requirement by six months on Thursday.

  • February 23, 2017

    Oregon Seeks To Join Wash. Challenge To Trump Travel Ban

    Oregon wants in on the lawsuit filed by the state of Washington that challenges President Donald Trump’s executive order and its travel ban for certain foreign-born individuals, arguing Wednesday that it seeks to ensure that any relief that arises from the case protects the state and its residents.

Expert Analysis

  • What Lawyers Can Learn From Kellyanne Conway

    Michelle Samuels

    Presidential adviser Kellyanne Conway's TV appearances provide some examples of what lawyers should and shouldn't do when speaking to the media, says Michelle Samuels, a vice president of public relations at Jaffe.

  • Recapping A Record Year For The PCAOB

    Jonathan J. Walsh

    2016 was the busiest year ever for the Public Company Accounting Oversight Board’s Division of Enforcement. The types of proceedings made public last year are likely to remain staples of its enforcement agenda for the foreseeable future, say Jonathan Walsh and Robert Groot of Curtis Mallet-Prevost Colt & Mosle LLP.

  • The Cyber Ecosystem: Evolving Tech And Risk Governance

    Sonja S. Carlson

    The volume and velocity of cyberattacks is increasing, and so is our interconnectedness, fueled by growing use of internet of things devices. Companies must find ways to adeptly and nimbly address cyberrisks in order to navigate a myriad of business and legal concerns, say Sonja Carlson of Sheppard Mullin Richter & Hampton LLP and Mingu Lee of Samsung SDS America.

  • The Mistakes Lawyers Make When Copying And Pasting

    Robert D. Lang

    We all recognize that cutting or copying text from earlier works and pasting it into new documents saves attorneys time. However, with this increase in speed comes an increased risk of making, or not catching, errors, says Robert Lang of D’Amato & Lynch LLP.

  • DOJ Investigations: Is Sharing Unavoidably Hazardous?

    Andrew T. Wise

    The U.S. Department of Justice’s focus on individual culpability and accompanying benchmarks for corporate cooperation have changed considerations for companies exposed to prosecution due to acts of their employees. But companies can, and should, still ensure that their employees are properly protected and adequately advised in advance of interactions with enforcement officials, say Andrew Wise and Katherine Pappas with Miller & Chevalier Chtd.

  • Upcoming Revenue Recognition Changes Will Affect M&A

    Frank A. Lazzara

    In 2018, the regulatory landscape surrounding revenue recognition will change for many companies. Deal makers will need to ensure they understand the impact of the new standard on historical results and that any purchase price mechanisms properly reflect the intentions of each party, say Frank Lazzara and John Sullivan of FTI Consulting Inc.

  • Opinion

    Calif. Court Gets Automatic Funding Disclosure Right

    Matthew D. Harrison

    Detractors of litigation funding have strained to characterize a recent decision from a California federal court as significant headway in their crusade against the litigation funding industry. However, in truth, this is a victory for both the industry and those in need of capital to bring meritorious claims against wrongdoers in an often prohibitively expensive legal system, say Matthew Harrison and Priya G. Pai of Bentham IMF.

  • Consensus Returns On Corporate Insurance Transfers In M&A

    Michael H. Ginsberg

    The California Supreme Court recently reversed its 2003 decision in Henkel v. Hartford, where it previously held that a no-assignment clause will bar the transfer of insurance coverage rights to a successor entity. The clear majority trend among courts across the country is to uphold the ability of parties to transfer coverage in corporate transactions and prevent the forfeiture of historical insurance assets, say Michael Ginsberg ... (continued)

  • A Look At DOJ's New Guidance On Compliance Programs

    Alison Tanchyk

    New guidance from the U.S. Department of Justice's Fraud Section puts chief compliance officers on notice about how the adequacy of their companies’ compliance programs is evaluated by prosecutors, say attorneys with Morgan Lewis & Bockius LLP.

  • For The Boardroom, Private Ordering Trumps Political Change

    Marc S. Gerber

    While the legal and regulatory changes envisioned under a new presidential administration may present real and substantial opportunities for companies, those changes may have little, if any, impact when it comes to corporate governance. The forces driving shareholder activism and board scrutiny remain present and may gain strength in a period of deregulation, says Marc Gerber of Skadden Arps Slate Meagher & Flom LLP.