• July 21, 2017

    $11.2M Ashley Madison Data Breach Deal Gets Go-Ahead

    A Missouri federal judge on Friday preliminarily approved a proposed $11.2 million deal to end a suit over online dating site Ashley Madison’s 2015 data breach, giving the deal a nod just days after its proposal and the same day as a hearing on the subject.

  • July 21, 2017

    DOL Agenda Looks To Deliver On Regulatory Relief Promises

    The regulatory agenda unveiled by the Trump administration on Thursday added the U.S. Department of Labor's 2011 rule barring restaurants from including nontipped workers in tip pools to the long list of Obama-era workplace regulations currently on the chopping block. Here, attorneys discuss what the latest regulatory outlook means for employers.

  • July 21, 2017

    SEC Cuts Dodd-Frank Mandates From Rule-Making Agenda

    The U.S. Securities and Exchange Commission has slashed its rule-making priorities for the coming year, according to a regulatory agenda posted Thursday, joining other regulators in pushing off proposals on executive compensation and dropping a host of other Dodd-Frank mandated rules.

  • July 21, 2017

    Green Mountain Investors Win Cert. In Stock Drop Suit

    A Vermont federal judge on Friday certified a class of investors in a long-running suit against Green Mountain for allegedly misstating its revenue and lying about single-cup coffee maker sales, while also shutting down the company’s bid to partially dismiss the case.

  • July 21, 2017

    Regulators Delay Volcker Enforcement For Foreign Funds

    U.S. regulators said Friday they would not enforce parts of the Volcker Rule on foreign banks as part of a review of treatment of foreign funds that should be exempt from the Dodd-Frank Act regulation.

  • July 21, 2017

    Biz Groups Continue 5th Circ. Attack On DOL Fiduciary Rule

    Several financial and insurance industry groups, including the U.S. Chamber of Commerce, urged the Fifth Circuit on Thursday to rule against the U.S. Department of Labor’s fiduciary rule for retirement account advisers, saying the rule’s definition of a fiduciary “defies centuries of precedent.”

  • July 21, 2017

    Brand Battles: Disney Gets Creative To Block 'Jedi' TM

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Lucasfilm once again goes deep into the details of the Star Wars universe, Frito-Lay takes on a look-alike Lay’s logo and the Chicago Cubs stay aggressive.

  • July 21, 2017

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    A new report surveys the law firms that legal departments love to work with the most, experts advise employers on how to navigate legal issues that can arise when a worker is suffering from a mental illness, and tech general counsel weigh in on how the male-dominated industry can combat "bro culture." These are some of the top stories in corporate legal news you may have missed this past week.

  • July 21, 2017

    CEOs In Hot Seat As Activists Get Bold About Replacements

    Shareholder activists are increasingly setting their sights on replacing public companies’ chief executives, with many making the push early and publicly in campaigns as large-cap companies continue to draw scrutiny, a recent report shows.

  • July 21, 2017

    TransUnion Says $60M FCRA Verdict Warrants New Trial

    One month after a jury found TransUnion owed $60 million in damages for violating the Fair Credit Reporting Act by conflating a class of consumers with similarly named terrorists and criminals from a government watch list, the company recently told a California federal court that the award was excessive and asked for a new trial.

  • July 21, 2017

    Trump Fleshes Out USTR Team With Arbitration Specialist

    President Donald Trump unveiled another potential addition to his trade team on Thursday, nominating a Williams & Connolly LLP international arbitration attorney to serve as a deputy U.S. trade representative.

  • July 20, 2017

    DuPont, Others Make $3.5M Deal In Paint Price-Fixing Suit

    DuPont and other chemical makers have agreed to pay a proposed class of paint buyers $3.5 million to end a suit alleging the companies schemed to fix the price of a paint ingredient, according to a motion filed by the plaintiffs in California federal court Thursday.

  • July 20, 2017

    House Appropriations Committee OKs Cuts To DOL, NLRB

    The House Appropriations Committee on Wednesday approved a 2018 Labor, Health and Human Services and Education spending bill that includes a roughly 11 percent cut to the U.S. Department of Labor and a 9 percent cut to the National Labor Relations Board, and rolls back some controversial policies.

  • July 20, 2017

    Ryan Still Says 2017 The Year For Tax Reform

    Speaker of the House Paul Ryan continued to express optimism Thursday that tax reform can and will happen this year, championing an ambitious series of cuts for businesses and individuals alike even as the GOP-controlled Congress remains mired in its efforts to repeal the Affordable Care Act.

  • July 20, 2017

    WTO Dispute Roundup: Members Tackle In-House Challenges

    In Law360's latest look at the World Trade Organization's Dispute Settlement Body, the delegations remain at an impasse over the appointment of new Appellate Body members and take stock of their collective effort to combat the many delays caused by a logjam of complex cases.

  • July 20, 2017

    Justices To Hear NLRB Class Action Waiver Cases In October

    The U.S. Supreme Court has set Oct. 2 as the date for oral arguments in a closely watched battle over the legality of arbitration agreements requiring workers to waive their rights to file class or collective actions against their employers, according to a notice filed Wednesday.

  • July 20, 2017

    Dish Says Trebled $61M Damages In TCPA Suit Are Excessive

    Dish Network LLC continued to fight a treble damages order of up to $61 million in a suit accusing one of its marketers of making illegal telemarketing calls, telling a North Carolina federal court Wednesday that the award is excessive and that the suit should be tossed as many of the claims were already litigated in a separate Illinois suit.

  • July 20, 2017

    How To Help PE Clients Avoid Being The Next Cyber Victim

    The potential for serious cyberattacks will continue rising in an increasingly digital world, with no sector off-limits to attackers, so it’s imperative that private equity attorneys be well-versed in the best practices to help mitigate today's cyberthreat risks and keep damage to a minimum.

  • July 20, 2017

    Trump Tax Policy Pick Unanimously Backed By Senate Panel

    President Donald Trump's nominee to play a key role in the administration's tax reform efforts cleared a significant hurdle Thursday when a Senate panel sent the nomination on its way to a full vote in the chamber.

  • July 20, 2017

    FTC Names Shearman Atty As Latest Competition Unit Head

    Just two weeks after acting Federal Trade Commission Chairman Maureen K. Ohlhausen picked her third new acting director of the agency’s bureau of competition, she announced on Thursday that she had selected someone else to temporarily lead the bureau, this time naming a Shearman & Sterling LLP partner.

Expert Analysis

  • The Elephant In The Room: Advancing Women To Partnership

    Anusia Gillespie

    Despite more focus and investment, the numbers continue to show little progress in advancing women to the top tiers of firm leadership. Considering the irreversible nature of the transformation of the market for top talent, it is time to start experimenting and innovating from the core, rather than from the periphery, say Anusia Gillespie and Scott Westfahl of Harvard Law School.

  • How Midsize Law Firms Can Minimize Cybersecurity Threats

    K. Stefan Chin

    It can be challenging for midsize law firms to develop an enterprise cybersecurity program that mitigates the eminent threat of data breach and meets the regulatory and compliance requirements of the firm and its clients. This challenge becomes daunting when considering the steady rise in client audits, say K. Stefan Chin of Peckar & Abramson PC and John Sweeney of Logicforce.

  • 9th Circ. Price Advertising Decision Threatens Retailers

    Rick Shackelford

    The Ninth Circuit's recent decision in Linda Rubenstein v. Neiman Marcus comes amid a wave of lawsuits targeting retailers for deceptive pricing. Though unpublished and without precedential effect, the decision will embolden plaintiffs to file similar class actions against retailers and could make it more difficult for them to succeed on motions to dismiss, say Rick Shackelford and Colin Fraser of Greenberg Traurig LLP.

  • Heller Sequels And 2nd Amendment, Still Undecided: Part 1

    Robert Ludwig

    In the first installment of this three-part series, attorney Robert W. Ludwig takes a deep dive into the controversial history of Second Amendment jurisprudence.

  • Clayton Speech Signals New Tone At The Top

    Nicolas Morgan

    In his first public speech as U.S. Securities and Exchange Commission chairman, Jay Clayton pretty explicitly told us where we’re going to see changes, say Thomas Zaccaro and Nicolas Morgan, former SEC trial counsel now with Paul Hastings LLP.

  • Shareholder Proposal Trends In 2017 Proxy Season: Part 2

    Ronald Mueller

    In the concluding part of this series, attorneys with Gibson Dunn & Crutcher LLP look at the key topics covered by shareholder proposals this year, the potential for reform of the shareholder proposal rule, and the top takeaways from the 2017 proxy season.

  • Using Music In Your Work: Copyright Tips For Companies

    Joy Butler

    Music has the power to elevate the mundane and help make dry business topics more exciting and engaging. But when employees are unaware of the copyright implications of using music in presentations, web content, videos and other branded materials, businesses face the risk of copyright lawsuits and fines, says attorney Joy Butler.

  • Shareholder Proposal Trends In 2017 Proxy Season: Part 1

    Ronald Mueller

    In the first installment of this two-part series covering proposals submitted to public companies for 2017 shareholder meetings, attorneys with Gibson Dunn & Crutcher LLP dive into some shareholder proposal statistics and voting results.

  • Equity And Incentive Compensation Plans For Startups

    Excerpt from Lexis Practice Advisor
    Jotham Stein

    To effectively advise startups, and the investors that frequently finance them, it is imperative to understand startup equity and incentive compensation structures. Jotham Stein of the Law Offices of Jotham S. Stein PC discusses common compensation practices of investor-backed, Kickstarter-funded and bootstrapped startup enterprises.

  • Weekly Column

    Innovating For Wise Juries: Matching Experts

    Stephen Susman

    In the penultimate installment of this series, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project answer a question on many legal analysts’ minds: What if both sides’ expert witnesses sat in a hot tub discussing the case while a jury watched?