Corporate

  • February 20, 2018

    DOJ Will Form Cybersecurity Task Force

    In the wake of numerous high profile hacks, the U.S. Department of Justice announced Tuesday that it will form a Cyber-Digital Task Force aimed at combating a global cyber threat.

  • February 20, 2018

    State Securities Cops Filling In For Feds On Fiduciary Beat

    A high-profile complaint filed by Massachusetts' top securities cop against Scottrade for allegedly violating conflict-of-interest laws is a sign that state regulators will be stepping in to fill a perceived void in federal policing of retirement account advisers, legal experts said Tuesday.

  • February 20, 2018

    High Court Won't Review CareFirst Data Breach Standing Row

    The U.S. Supreme Court on Tuesday refused to entertain CareFirst Inc.'s challenge to the revival of a putative class action over a 2014 data breach, preserving what the insurer and its supporters have characterized as a troubling circuit split over whether the mere exposure of consumer data is enough to give plaintiffs standing to move forward with such claims. 

  • February 20, 2018

    Walmart’s Own Studies Support Cert., Cashier Class Argues

    A group of 80,000 cashiers claiming Wal-Mart Stores Inc. failed to provide them with California state law-required seating defended its class certification in federal court Friday, arguing that Walmart’s own studies and prior testimony back up the workers’ claims.

  • February 20, 2018

    High Court Rejects Cert Petitions In 7 Employment Cases

    The U.S. Supreme Court declined petitions to review several employment cases Tuesday, including a ruling that Consol Energy illegally pushed out a miner who refused to use biometric hand scanners he believed would tag him with the biblical “mark of the beast,” and a decision that Foot Locker owes at least $100 million in benefits to thousands of workers whose pensions it cut.

  • February 20, 2018

    High Court Turns Away Fannie, Freddie Investor Appeals

    The U.S. Supreme Court on Tuesday denied a plea from investors hoping for reconsideration of their case challenging the federal government’s conservatorship of Fannie Mae and Freddie Mac, reinforcing a lower court’s ruling that the Federal Housing Finance Agency cannot be sued over its role in managing the mortgage finance duo.

  • February 20, 2018

    States Seeing Rash Of Bills To Tax Carbon Emissions

    Taxing carbon products and emissions is a long-cherished goal of Washington Gov. Jay Inslee, and he has proposals to do so again this year. This time, however, he is far from alone as 10 states have released bills to combat climate change and raise revenue by using the tax system.

  • February 20, 2018

    Allstate TCPA Suit Passes Spokeo Test, Judge Says

    Allstate Insurance Co. and one of its agents cannot escape a proposed Telephone Consumer Protection Act class action, an Illinois federal judge said Tuesday, finding that the suit met the injury standard set by the U.S. Supreme Court’s Spokeo decision.

  • February 20, 2018

    Del. Justices Revive Suit Over Diamond's $2B Sale To Apollo

    The Delaware Supreme Court on Tuesday revived a shareholder suit contesting Diamond Resorts International's $2.2 billion sale to Apollo Global Management, saying Diamond’s board should have disclosed why the company’s founder opposed the sale.

  • February 20, 2018

    3M Inks $850M Dumping Deal With Minn. On Eve Of Trial

    3M Company cut an $850 million deal with the state of Minnesota to resolve allegations it knowingly dumped chemicals into groundwater, impacting local wildlife and posing health risks to nearby communities, just as the dispute was set to go to trial, the parties announced Tuesday.

  • February 20, 2018

    Mass. Rep Touts Bill To Bar NDAs, Forced Arbitration

     A Massachusetts legislator is pushing a bill to ban agreements that prevent victims of harassment or discrimination from speaking out about their allegations and end the process of forced arbitration to settle claims.

  • February 20, 2018

    Unions Say Disney World Withheld $1K Tax Cut Bonuses

    Unions representing Disney World workers filed a federal labor complaint on Monday claiming Disney has improperly withheld $1,000 bonuses announced by the company after Congress passed the GOP tax cut bill.

  • February 20, 2018

    15 Minutes With Discover Financial Services' General Counsel

    Kelly McNamara Corley, who has served as executive vice president, general counsel and secretary of Discover Financial Services since 2008, shared with Law360 how the company prioritizes diversity and inclusion and what keeps her up at night, as technology continues to develop rapidly.

  • February 16, 2018

    5 Ways To Avoid Legal Heartache From Office Romance

    Even though Valentine’s Day is in the rearview mirror, a recent Ninth Circuit ruling that a police officer can pursue claims that she was illegally fired for having an extramarital affair with a colleague is the latest proof that legal questions about interoffice romances are here to stay. Here, lawyers share five things employers should bear in mind when crafting workplace fraternization policies.

  • February 16, 2018

    Full 9th Circ. To Rethink Nixing DOL Tip-Credit Guidance

    A confederation of waiters, bartenders and other service workers got a second shot Friday at claims they’re underpaid for tasks that don’t garner tips, when the Ninth Circuit agreed to revisit its decision favoring restaurant owners who’d challenged a 2016 U.S. Department of Labor administrative guidance.

  • February 16, 2018

    Investor Groups Cheer Calls For Limiting Dual-Class Perks

    Investor advocates on Friday lauded SEC Commissioner Robert Jackson's call for sunset provisions on dual-class stock structures, which allow company founders to reserve extra voting power compared with public shareholders, calling it a pragmatic approach that could curb perceived abuses of the practice.

  • February 16, 2018

    Brand Battles: Greenwood Refused 'God Bless The USA' TM

    In Law360’s latest roundup of new actions at the Trademark Trial and Appeal Board, country singer Lee Greenwood appeals after being refused a registration on the name of his most famous hit, Major League Baseball welcomes spring training by aiming to block a "Spring Training" mark, and Allstate takes its "Drivewise" battle with Kia to the board.

  • February 16, 2018

    US Hits Back At AmEx In High Court Steering Rules Case

    The U.S. government criticized American Express Co. on Thursday for defending contract provisions that prevent merchants from steering customers to other credit cards, in a closely watched antitrust case before the U.S. Supreme Court.

  • February 16, 2018

    NLRB Tees Up Misclassification Standard For Review

    The National Labor Relations Board on Thursday called for input on whether the agency should treat misclassifying a worker as an independent contractor as a violation of federal labor law — a “drastic departure from established precedent,” according to the U.S. Chamber of Commerce.

  • February 16, 2018

    IRS Asserts Coca-Cola Undervalued Property In $3B Tax Case

    Arrangements between The Coca-Cola Co. and foreign licensees did not accurately reflect the value of the company's intangible property, allowing the beverage producer to avoid significant U.S. taxes, the IRS said in a pretrial memorandum filed Thursday in its $3.3 billion transfer pricing dispute with Coca-Cola in the U.S. Tax Court.

Expert Analysis

  • A Review Of Cross-Border Investigations In 2017: Part 1

    Sunil Gadhia

    A number of significant corporate resolutions were reached in 2017, which have provided guidance on the level of cooperation expected by criminal and civil authorities, primarily in Europe. Meanwhile, the divergent approaches to legal privilege taken by courts in different jurisdictions provide significant challenges to those conducting cross-border internal investigations, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • Planning For The New GILTI Tax

    Planning For The New GILTI Tax

    The recent Tax Cuts and Jobs Act adopted a provision subjecting certain U.S. shareholders of controlled foreign corporations to tax on their global intangible low-taxed income, or GILTI. In this video, Taylor Kiessig and Stefanie Wood of Eversheds Sutherland LLP explain that GILTI is effectively a new worldwide minimum tax on the earnings of a U.S. shareholder’s CFCs.

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle LLP.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.

  • How Corporate Policyholders Can Prepare For Earthquakes

    Micah Skidmore

    With some predicting that 2018 will see a significant increase in the number and severity of earthquakes worldwide, corporate insureds may do well to accelerate their review and expansion of policy terms to address this important risk, says Micah Skidmore of Haynes and Boone LLP.

  • Worker Classification Questions Remain Post-GrubHub Win

    Art Lambert

    A California federal judge implied that her recent decision in Lawson v. GrubHub was a close call, which suggests there is a tipping point where a driver moves from the independent contractor classification to the employee classification. However, when exactly that happens is still up in the air, says Art Lambert of Fisher Phillips.

  • The Base Erosion And Anti-Abuse Tax: An Introduction

    Introducing The Base Erosion And Anti-Abuse Tax

    The new base erosion and anti-abuse tax generally imposes a 10 percent minimum tax on a taxpayer’s income determined without regard to tax deductions arising from base erosion payments. In this video, Daniel Nicholas and Margaret Pope of Eversheds Sutherland LLP offer a brief overview of the tax, and a simplified example of the BEAT calculation.

  • 2nd Circ. Courts Dive Into 'Class Arbitration' Questions

    Gilbert Samberg

    The U.S. Supreme Court has not yet addressed core issues that will ultimately determine the viability of a class arbitration award, nor have the various courts of appeal grappled with those issues. However, courts in the Second Circuit have recently begun to do so, says Gilbert Samberg of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Google Equal Pay Case Could Have Far-Reaching Impact

    Debra Ellwood Meppen

    Following the recent filing of an amended complaint, if the class action is certified in Kelly Ellis v. Google — a case alleging gender-based pay discrimination — ramifications will trickle down into every business, large or small, that employs men and women, say Debra Ellwood Meppen and Laurie DeYoung of Gordon & Rees LLP.

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.