Corporate

  • January 23, 2017

    Ex-JPMorgan Analyst Testifies Colleague Admitted Tipping

    A former J.P. Morgan analyst was called to the witness stand Monday in a federal trial accusing another ex-analyst of insider trading, testifying the colleague divulged that he “accidentally slipped once or twice” in telling a friend about a pending Salesforce.com acquisition.

  • January 23, 2017

    Bio-Rad CEO Tells Jury Ex-GC ‘Came Unglued’ After DOJ Fee

    The CEO of Bio-Rad Technologies defended himself and the life sciences company against claims its former general counsel was retaliated against for reporting violations of the Foreign Corrupt Practices Act, saying he was really fired because he “came unglued,” yelled at co-workers and caused the company to miss federal filing deadlines.

  • January 23, 2017

    Google Seeks Review Of IP Ruling, Says Fed. Circ. Defied AIA

    Google Inc. asked the Federal Circuit to take a second look at its decision that the Patent Trial and Appeal Board shouldn’t have instituted an America Invents Act-covered-business-method review of a wireless location patent, saying Monday it wasn’t the court’s place to make that call.

  • January 23, 2017

    Delayed Fiduciary Rule Faces Host Of Obstacles To Repeal

    While President Donald Trump is expected to further delay the start of the U.S. Department of Labor's fiduciary rule for retirement account advisers beyond the regulatory freeze imposed Friday, experts said the path to an actual rollback of the regulation is still unclear — especially if firms that have already put millions into compliance choose not to dismantle their efforts.

  • January 23, 2017

    Legal Dept. Operations Pros Prioritize Financial Metrics

    Legal operations professionals tasked with quantifying corporate legal departments’ budgets, efficiency and effectiveness have a full plate, tracking numerous metrics they deem important with little automation to lessen their load, according to recently releaed survey results.

  • January 23, 2017

    Aetna's ACA Vendetta Gets Called Out In Merger Ruling

    Aetna didn’t just see its $37 billion merger with Humana blocked on Monday — a D.C. federal judge also accused the insurance giant of abandoning Affordable Care Act marketplaces to wound the Obama administration and evade antitrust scrutiny.

  • January 23, 2017

    Attys React To $37B Aetna-Humana Merger Ruling

    The U.S. District Court for the District of Columbia blocked the proposed $37 billion merger between health insurance giants Aetna Inc. and Humana Inc., siding with the U.S. Justice Department in its antitrust suit. Here, attorneys tell Law360 why the decision is significant.

  • January 23, 2017

    Appeal Of Aetna-Humana Merger Loss Would Face Long Odds

    Aetna Inc. and Humana Inc. are mulling an appeal of a D.C. federal judge's Monday order preliminarily enjoining their $37 billion merger, but experts said the judge's airtight opinion leaves little room to pursue such a bid and the Trump administration may not want to interfere.

  • January 23, 2017

    Trump, GOP Differences Could Impede Tax Reform Timeline

    The House Republicans have tax reform high on their agenda, but their desire to pass legislation before the end of the summer could be significantly impeded if President Donald Trump doesn’t agree with their approach for taxing imports and raising approximately $1.2 trillion.

  • January 23, 2017

    SEC Pays $7M To Whistleblowers For Investment Scheme Tips

    The U.S. Securities and Exchange Commission on Monday handed over $7 million, its sixth-highest whistleblower award ever, to three individuals who helped the agency successfully prosecute an investment scheme, bringing the program’s total endowment to approximately $149 million.

  • January 23, 2017

    Employer Violated FCRA With Liability Waiver, 9th Circ. Says

    In a case of nationwide first impression, a Ninth Circuit on Friday panel revived a putative class action over whether a subsidiary of oilfield services giant Schlumberger Ltd. violated the Fair Credit Reporting Act by improperly placing a liability waiver on its job application disclosure form.

  • January 23, 2017

    DOJ Wins Bid To Block $37B Aetna-Humana Merger

    A District of Columbia federal judge on Monday sided with the U.S. Department of Justice in the government's suit to block the proposed $37 billion merger between health insurance giants Aetna Inc. and Humana Inc.

  • January 20, 2017

    SEC Unlikely To Escape Partisan Chokehold Under Trump

    The U.S. Securities and Exchange Commission became an increasingly political focal point in the eight years of Barack Obama's presidency, buffeted by partisan forces both inside and out that experts say have damaged the SEC’s credibility and are unlikely to abate during the Trump administration.

  • January 20, 2017

    Jimmy Choo To Pay $2.5M To Settle Receipt Data Privacy Row

    Luxury shoe brand Jimmy Choo has agreed to fork over $2.5 million to settle a proposed class action accusing it of putting consumers at risk of identity theft by printing sensitive data on credit card receipts, according to documents filed in Florida federal court Friday.

  • January 20, 2017

    7th Circ. Nixes Time Warner Class' Appeal, Citing Spokeo

    The Seventh Circuit on Friday affirmed the dismissal of a Time Warner Cable Inc. subscriber’s proposed class action against the company for storing former customers’ personal information, saying the man had neither alleged nor offered any evidence of concrete harm, citing Spokeo.

  • January 20, 2017

    Trump DOJ Expected To Cut Down On Deferred Prosecution

    The combination of President Donald Trump's pro-business stance and presumptive Attorney General Jeff Sessions' views on criminal enforcement could make for a more predictable but less forgiving Justice Department that relies less on deferred charges and more on a black-and-white assessment of culpability, former government attorneys say.

  • January 20, 2017

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    The IRS takes final aim at corporate inversions, Dentons apologizes for a client mishap and the U.S. Department of Labor defends its fiduciary rule's right to disincentivize class waivers. Those stories top the corporate legal news you may have missed last week.

  • January 20, 2017

    DOL Wants Judge To Toss Case Against Retaliation Rule

    The U.S. Department of Labor asked a Texas federal judge on Thursday to toss a case filed by numerous business groups challenging an anti-retaliation provision in the recently implemented injury and reporting rule by the Occupational Safety and Health Administration, saying the rule doesn’t hurt them.

  • January 20, 2017

    What We Know About Trump's Antitrust Take So Far

    As President Donald Trump took office Friday, the ranks at the front office at the Antitrust Division thinned dramatically, leaving criminal deputy Brent Snyder in charge as rumors continue to swirl about who the new administration will tap to lead the competition agencies. Here's more on the changes and other signals about where U.S. antitrust policy will head in the next four years.

  • January 20, 2017

    These 3 Antitrust Issues Could Sink Your Client’s M&A Deal

    There are a multitude of matters mergers and acquisitions attorneys must understand to ensure a smooth deal-making process, and experts say it is more important than ever for legal advisers to be able to pinpoint potential antitrust issues in advance in an evolving regulatory environment. Here, Law360 explores three antitrust issues that could sink your client’s M&A deal.

Expert Analysis

  • 10 Antitrust Trends And Developments To Watch This Year

    Howard Morse

    President Donald Trump’s competition policies are sure to top the headlines in 2017. We can expect renewed focus on the SMARTER Act, continued attention to the pharmaceutical industry, and hurdles for foreign investment in the U.S., say attorneys with Cooley LLP.

  • 6 Reasons Why A Wholesale Dodd-Frank Repeal Is Unlikely

    Anthony M. Drenzek

    The Dodd-Frank Act was passed in 2010 with the Great Recession providing momentum and popular support for its enactment. Conversely, there is no acute crisis to serve as a catalyst for its repeal, say Anthony Drenzek and Timothy Mungovan of Proskauer Rose LLP.

  • More And More States Are Targeting Payroll Debit Cards

    Caroline J. Berdzik

    It has become increasingly prevalent for employers to pay their employees with payroll debit cards due to the benefits to both employers and employees. However, despite these mutual benefits, many states have enacted legislation that may potentially curtail the use of these cards to pay wages, says Caroline Berdzik of Goldberg Segalla LLP.

  • In Congress: Organizing

    Hertling_Richard_Covington.jpg

    Following the inauguration of Donald Trump as the 45th president of the United States, the Senate this week will continue to consider the president’s cabinet picks while congressional committees on both sides of the Capitol begin formal organization proceedings for the 115th Congress, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • How Litigation Funding Is Bringing Champerty Back To Life

    John H. Beisner

    While some courts have declined to apply the common-law doctrine of champerty to invalidate third-party litigation funding agreements, two recent rulings by appellate courts in New York and Pennsylvania have brought renewed attention to champerty principles, casting doubts on the legality of certain forms of third-party litigation funding, say John Beisner and Jordan Schwartz of Skadden Arps Slate Meagher & Flom LLP.

  • DOJ Narrows Paths To Immunity For Antitrust Crimes

    Elizabeth Prewitt

    The U.S. Department of Justice Antitrust Division’s leniency program is unique — no other DOJ component offers similar nonprosecution protections for corporations or individuals. Therefore, new guidance released this week limiting pathways to leniency could be seen as part of the outgoing Obama administration’s desire to render this program less of an outlier, say attorneys with Hughes Hubbard & Reed LLP.

  • Attracting And Retaining The Millennial Lawyer

    Christopher Imperiale

    Instead of trying to change the new workforce to follow a law firm's existing processes and procedures, perhaps it's time for firms to start changing their processes and procedures to better accommodate the mentality of this next generation of lawyers, says Christopher Imperiale, a law firm adviser with Berdon LLP.

  • Obama's Pro-Union Impact On NLRB Won't Retire Quickly

    Adam C. Abrahms

    In recent years the National Labor Relations Board has extended its reach into employer operations with controversial decisions that have departed from long-standing precedent. However, while employers may hope the new administration might stop this expansion, with current board members and the general counsel still in office for some time, relief may be slow to come, say Adam Abrahms and Christina Rentz of Epstein Becker & Green PC.

  • Trump's EPA: Be Careful What You Wish For

    Mitchell J. Klein

    Trying to prognosticate what President-elect Donald Trump will do is very difficult. But assuming he does seek to implement change at the U.S. Environmental Protection Agency, if it's perceived as backing off of environmental enforcement, private parties will step in and cases will likely be even more expensive, more problematic and more unreasonable than those brought by the EPA and the states, says Mitchell Klein of Snell & Wilmer LLP.

  • Pay-To-Play Lessons From This Week's SEC Settlements

    Charles Borden

    The U.S. Securities and Exchange Commission’s settlements with 10 investment advisory firms relating to violations of the SEC’s pay-to-play rule may be a preview of things to come. Although none of the 10 cases announced Tuesday involved a major penalty, the real economic cost of the violations is likely to be much higher, say attorneys with Allen & Overy LLP.