• June 23, 2017

    2nd Circ. Ruling Offers Way Out Of TCPA Litigation Jungle

    The Second Circuit ruled Thursday that the Telephone Consumer Protection Act doesn’t allow consumers who consent to receiving calls as part of a contract agreement to revoke that permission, handing a major win to businesses in their efforts to quell a popular accusation that has fanned the rush of TCPA litigation in recent years.

  • June 23, 2017

    Employer Takes FCRA Consumer Report Suit To High Court

    A subsidiary of oilfield services giant Schlumberger Ltd. has filed a petition for a writ of certiorari asking the U.S. Supreme Court to review an appeals court decision that revived a suit over alleged violations of the Fair Credit Reporting Act, arguing that without real harm, the case didn’t have standing.

  • June 23, 2017

    NLRB Denied DC Circ. Rehearing In FedEx Driver Status Row

    The D.C. Circuit on Friday refused to reconsider its reversal of a National Labor Relations Board finding on how FedEx drivers should be categorized, cementing its March decision that the workers were independent contractors by the agency’s own standards.

  • June 23, 2017

    Gay Bias Is Sex Discrimination, EEOC Tells 2nd Circ.

    Responding to a request by the Second Circuit to weigh in on the case of a deceased skydiving instructor who claimed he was fired over his homosexuality, the U.S. Equal Employment Opportunity Commission said Friday that discrimination on the basis of sexual orientation is prohibited by Title VII.

  • June 23, 2017

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    Regulators are eyeing a possible rollback on banking rules, a bipartisan coalition of senators is looking to reform the nation’s patent laws, and why Amazon’s $13.7 billion purchase of Whole Foods is unlikely to face an antitrust challenge. These are some of the top stories in corporate legal news you may have missed last week.

  • June 23, 2017

    Exxon Not Liable For Workplace Fight Death: Texas Justices

    The Texas Supreme Court on Friday reversed a nearly $2 million jury verdict holding Exxon Mobil Corp. partly liable for a workplace fistfight that led to the death of an employee’s father, saying though the Texas judiciary does not have a formal framework for weighing an employer’s duty to control its workers, Exxon had no duty here.

  • June 23, 2017

    Bloomingdale’s Takes Iskanian Challenge To High Court

    Bloomingdale’s has urged the U.S. Supreme Court to review the precedent set by California's high court in its landmark Iskanian ruling, which held that claims under the state's Private Attorneys General Act can’t be waived in employment arbitration deals, saying it created an “enormous loophole” in federal arbitration law.

  • June 23, 2017

    8 Companies Perk Up IPO Pipeline With Deals Surpassing $1B

    Eight companies hope to raise more than $1 billion through initial public offerings that will employ the work of 11 law firms during the final week of June, led by meal kit delivery startup and so-called unicorn Blue Apron Inc., potentially closing the second quarter with a bang.

  • June 23, 2017

    Brand Battles: Sony Rips Brewer's 'Breaking Bad' Beer Name

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Sony Pictures Television takes aim at a craft brewer's "Breaking Bad"-inspired beer name, Men's Wearhouse goes after an "American Warehouse," and Monster Energy is accused of "trademark bullying."

  • June 23, 2017

    Anthem Inks Record $115M Deal Over Massive Data Breach

    Anthem Inc. has agreed to a deal valued at $115 million to end litigation over a massive 2015 data breach, creating a pool of funds to provide credit protection and reimbursement for customers and up to $38 million in attorneys’ fees in the largest-ever data breach settlement, class attorneys said Friday.

  • June 23, 2017

    FTC Undertakes Rule Review, Mindful of Trump’s Mandate

    The Federal Trade Commission on Thursday announced proposed changes to several regulations covering areas as diverse as how televisions are advertised and unwanted email advertising is regulated, with the possible modifications forming part of acting Chair Maureen K. Ohlhausen’s regulatory reform initiative and the commission’s commitment to regularly review regulations.

  • June 23, 2017

    Fed. Circ. Affirms USPTO's No-Matter-What Attys' Fees Rule

    A split Federal Circuit panel on Friday endorsed the U.S. Patent and Trademark Office’s new stance that applicants who appeal to a district court must pay the agency’s legal bills regardless of whether it wins or loses.

  • June 22, 2017

    TCPA Defendants Down, But Not Out, With 'Pick-Off' Ruling

    The Seventh Circuit recently added to limitations companies face when making offers of full relief to individual plaintiffs in TCPA class actions in order to ward off certification, otherwise known as "pick-offs," but the judges' acknowledgment that some offers may be adequate could give defendants a boost in certain cases.  

  • June 22, 2017

    How To Stay Safe In A World Of Law Firm Data Breaches

    About two-thirds of law firms have experienced some sort of data breach, according to a forthcoming cybersecurity scorecard from Logicforce that gives eye-popping clarity to the extent of data breaches in the industry — and what firms can do about it. 

  • June 22, 2017

    5 Key Takeaways From Senate's ACA Repeal Bill

    The U.S. Senate's legislation to repeal much of the Affordable Care Act encountered substantial criticism on Thursday, with conservatives branding it too modest and experts warning that it might destabilize insurance markets. Here are five key takeaways from the newly unveiled bill.

  • June 22, 2017

    Post-Slants, Is USPTO Going To Be Flooded With Bad Words?

    In the wake of the U.S. Supreme Court's Slants ruling striking down the government’s ban on offensive trademark registrations, some have worried about a flood of ugly language at the trademark office, but experts say those concerns could be overblown.

  • June 22, 2017

    4 Things Employers Must Know About NY's Family Leave Law

    As employers in New York prepare to start collecting payroll deductions funding the state’s new paid family leave law, experts warn the statute contains certain key differences from the federal Family and Medical Leave Act that could create confusion and cause compliance headaches. Here, Law360 examines four administrative challenges that may trip up employers.

  • June 22, 2017

    Burger King Wrongly Ditched Wage Activist, 8th Circ. Says

    A Burger King franchisee in Kansas City, Missouri, illegally refused to rehire an employee because he was a prominent member of Fight for $15, which advocates for increasing the minimum wages of fast-food workers, the Eighth Circuit ruled on Wednesday.

  • June 22, 2017

    Senators Want DOJ To Nix $85B AT&T, Time Warner Deal

    A group of Democratic senators led by Sen. Al Franken, along with Independent Sen. Bernie Sanders, in a letter on Wednesday urged the U.S. Department of Justice to take a closer look at AT&T’s proposed $85 billion acquisition of Time Warner, saying the deal will reduce competition and lead to higher prices. 

  • June 22, 2017

    Senate GOP Unveils ACA Repeal Bill

    Senate Republicans on Thursday unveiled draft legislation to scrap much of the Affordable Care Act, setting the stage for another make-or-break vote on the GOP repeal effort.

Expert Analysis

  • Index Eligibility As Governance Battlefield

    Ethan Klingsberg

    The recently launched campaign by the Council of Institutional Investors, among others, to block Snap Inc.’s eligibility for S&P Dow Jones and other indices may be looked back on as a turning point in an expansion of the governance battlefield. Recent developments in the realm of dual-class issuers shed light on whether this potential movement of governance matters into index eligibility criteria is sensible, says Ethan Klingsberg ... (continued)

  • June Begins With A Flurry Of Employment Law Developments

    Adam Primm

    In the past few weeks, the U.S. Department of Labor, under new Labor Secretary Alexander Acosta, has moved to dismantle a series of Obama administration rules and guidance regarding employment regulation. Adam Primm and Peter Kirsanow of Benesch discuss what employers should know about these recent developments.

  • A Delaware Case With Lessons For VC Firms And Founders


    In a case of first impression, the Delaware Chancery Court recently rejected a venture capital firm’s effort to ratify an amendment to a company’s charter that would have forced its founder out of the company. Nguyen v. View highlights the need for both sides to carefully negotiate the voting agreements that establish parties’ roles in guiding the future of a company, say Matthew Rifino and Philip Amoa of McCarter & English LLP.

  • Opinion

    Justice Kennedy's Moderating Influence On The High Court

    Nan Aron

    The guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.

  • Clarifying Anti-Retaliation Protections Under Dodd-Frank

    Stephen Kohn

    What protections are available under the Dodd-Frank Act’s whistleblower law if an employee reports securities fraud within the company? Courts have pointed to two separate definitions of “whistleblower” under the law to justify their differing positions. However, a more careful review of its history should resolve this prolonged dispute, says Stephen Kohn of Kohn Kohn and Colapinto LLP.

  • How Kokesh Will Impact The FTC And Other Agencies

    Benjamin Mundel

    The U.S. Supreme Court's recent decision in the Kokesh case limits not just U.S. Securities and Exchange Commission enforcement actions, but also monetary relief sought by other agencies, like the Federal Trade Commission. A faithful application of this decision should lead to courts rejecting these agencies' long-standing practice of seeking penal monetary relief under their equitable authority, say Benjamin Mundel and Lucas Crosl... (continued)

  • Tax Deductibility And Statutory Damages — A Waiting Trap

    Peter Robbins

    Statutory damages guarantee a minimum recovery in each individual case where a violation may cause only nominal damage. But aggregated statutory damages in class actions can create a risk of staggeringly large awards, which may not be tax-deductible. Companies must know the law and take steps to minimize tax consequences, says Peter Robbins of Corbett & Robbins LLP.

  • Weekly Column

    Innovating For Wise Juries: Juror-Posed Questions

    Roy Futterman

    One way to combat juror confusion and boredom is to allow jurors to ask witnesses questions. No federal evidentiary or court rule prohibits it, and every federal circuit court to address the practice has held it permissible, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Rebuttal

    Flawed Commentary Can't Stop Trans Rights Momentum

    Raymond Wendell

    In a recent Law360 guest article, Jordan Lorence of Alliance for Defending Freedom argues that the Seventh Circuit misapplied Title IX in its recent decision in Whitaker v. Kenosha Unified School District. But to reach his conclusion, he mischaracterizes the facts and reasoning of the case as well as the law on which it relies, say Raymond Wendell and Ginger Grimes of Goldstein Borgen Dardarian & Ho.

  • Employer Insights From EEOC Enforcement Timelines

    Gerald Maatman Jr.

    One of the most mystifying complexities of working with the U.S. Equal Employment Opportunity Commission is the time horizons employed at various stages of enforcement. Our analysis of EEOC docket statistics sheds new light on how quickly the EEOC moves matters from letter of determination to litigation, say attorneys with Seyfarth Shaw.