• September 21, 2017

    FTC’s McSweeny Makes Urgent Call For New Data Regs

    The Federal Trade Commission's Terrell McSweeny warned Thursday that the agency’s century-old enforcement tools aren’t enough to handle the brave new world of internet-connected heart monitors, insulin pumps and other products posing data risks, calling for new regulations to lay out strict cybersecurity standards.

  • September 21, 2017

    Nigeria, China Riskiest For IP, Ropes & Gray Survey Says

    Nigeria ranked as the riskiest developing market for intellectual property, followed by China, Argentina, Russia and India, while Italy and the U.K. came in first and second as the riskiest developed markets, in a report on risk mitigation issued by Ropes & Gray LLP this week.

  • September 21, 2017

    Dow's Appeal Of $455M Award To High Court Won't Be Easy

    Dow AgroSciences LLC has asked the U.S. Supreme Court to take up its public policy challenge to a $455 million arbitral award to two Bayer AG subsidiaries following a patent dispute, but experts say the petition is likely to face headwinds even if it's possible that the arbitrators made a mistake.

  • September 21, 2017

    Amazon Takes $20M Tax Carrot To Expand In NYC Inc. is expanding its New York City presence with a 359,000-square-foot office, thanks to $20 million in performance-based tax credits coming the online retail giant's way under a jobs and investment program, the state governor said Thursday.

  • September 21, 2017

    My Mentor And I: Homer Deakins Recalls Frank Ogletree

    When we started our firm 40 years ago, Frank Ogletree was "the only adult in the room." He was the only one in our group of 16 lawyers who had the maturity and business acumen to start and run a law firm. We described him as a benevolent dictator, which is what we needed at the start, says Homer Deakins of Ogletree Deakins Nash Smoak & Stewart PC

  • September 21, 2017

    1,300 Bloomberg NY Reps Get Cert. In Unpaid OT Suit

    A New York federal judge on Thursday certified a class of more than 1,300 Bloomberg LP New York-based customer support representatives in a lawsuit accusing the media company of violating state and federal overtime laws, finding that the group has shown that they were all injured by the same action.

  • September 21, 2017

    A Newcomer’s Guide To Litigating Patent Cases In California

    Following the U.S. Supreme Court’s TC Heartland ruling, California is expected to see more patent cases as litigation shifts from the longtime patent hotspot of the Eastern District of Texas. Here, attorneys well-versed in Golden State patent litigation tell newcomers what to expect.

  • September 21, 2017

    Senators Slam Labor Secretary Acosta Over OSHA Handling

    Eight progressive senators wrote to Labor Secretary Alex Acosta Wednesday to express “deep concern” with the Occupational Safety and Health Administration under his watch, pressing him to announce a “highly qualified nominee” to head the U.S. Department of Labor office charged with protecting workers on the job.

  • September 21, 2017

    Swedish Telecom Telia To Pay $1B In FCPA Settlement

    Swedish telecommunications giant Telia Co. AB on Thursday pled guilty in a New York federal court on behalf of a subsidiary to paying massive bribes to government officials in Uzbekistan to enter the market there as part of a worldwide deal that will cost Telia nearly $1 billion.

  • September 21, 2017

    Sheppard Mullin Adds New Corporate Partner To SF Office

    Sheppard Mullin Richter & Hampton LLP added a partner from Manatt Phelps & Phillips LLP with expertise in financial services to its corporate practice group in San Francisco this week.

  • September 21, 2017

    SEC Failed To Heed Warnings Of Weak Cyber Defenses

    A July government watchdog report warned the U.S. Securities and Exchange Commission that it had not fully put in place a system for monitoring cyber intrusions on its financial systems, even as the hack of a key electronic filing system for public company disclosures, which was revealed Wednesday, may have enabled insider trading.

  • September 20, 2017

    SEC Says Hackers Hit Its Database, May Have Traded Off Info

    The U.S. Securities and Exchange Commission’s electronic filing system for public company disclosures was hacked last year, and the agency last month learned that the cyber-intruders may have traded off the nonpublic information that was exposed, agency Chairman Jay Clayton said in a statement Wednesday night.

  • September 20, 2017

    5 Ideas From Judge Michel For Tackling Patent ‘Crisis’

    After telling Congress in July that the patent system is in “crisis mode,” former Federal Circuit Chief Judge Paul Michel has offered lawmakers numerous ideas on how to respond. From overhauling America Invents Act reviews to better defining eligibility rules, here’s a look at the judge’s legislative proposals.

  • September 20, 2017

    Why A Rare Tie Vote Doesn't Foretell Roadblocks At FTC

    Tuesday's decision to let Walgreens forge ahead with its $4.4 billion acquisition of nearly 2,000 Rite Aid stores highlights the inherent risk of leaving the Federal Trade Commission with just two top decision makers, but the split's rarity underscores how well the agency has continued to function even with a historically high number of vacancies.

  • September 20, 2017

    You Can Send A Cease-And-Desist And Not Be Jerk About It

    In-house lawyers at Netflix won the company praise this week with a charming cease-and-desist letter they sent to an unauthorized “Stranger Things”-themed pop-up bar, reminding trademark attorneys everywhere that doom-and-gloom boilerplate isn’t always the right approach.

  • September 20, 2017

    9th Circ. Upholds Amazon's Win In List-Price Class Action

    A Ninth Circuit panel Tuesday affirmed a lower court’s use of Washington law when it dismissed an Amazon shopper’s putative class action over alleged inflation of comparative discounts, rejecting the shopper’s argument that California law is substantially different.

  • September 20, 2017

    DOL's Proposed Fiduciary Rule Delay Draws 131 Comments

    The comment period on the U.S Department of Labor's proposal to delay parts of its fiduciary rule for retirement account advisers closed Friday, with a chorus of industry stakeholders, investor advocates and think tanks weighing in on what freezing key provisions of the rule until July 2019 might mean. Here, Law360 looks at what financial groups, politicians, individuals and others had to say.

  • September 20, 2017

    Noncompete Valid But Not Violated, 7th Circ. Rules

    The Seventh Circuit ruled Wednesday that the former owner of a fuel-additive business didn’t violate a noncompete agreement he reached with the purchasers of his company when he subsequently sold his other firm and helped that buyer set up shop.

  • September 20, 2017

    Inside Toshiba’s Long-Awaited $17.9B Memory Biz Sale

    After months of setbacks and a series of rumored suitors, Toshiba finally unveiled firm plans to unload its memory business in a roughly 2 trillion yen ($17.9 billion) sale to a consortium led by Boston-based Bain Capital despite the Japanese company's ongoing legal battle with a joint venture partner. Here, an interactive graphic outlines the twists and turns leading to the deal.

  • September 20, 2017

    8th Circ. Dismissal Warrants Toss Of Breach Suit: Scottrade

    Discount brokerage firm Scottrade Inc. renewed its push Tuesday for the dismissal of a putative class action over a data breach that compromised its consumers' personal information, pointing a Florida federal judge to the Eighth Circuit's recent decision dismissing a related case for which she had stayed the instant matter.

Expert Analysis

  • Impact Of The New Revenue Recognition Standard On M&A

    Stephen Quinlivan

    The Financial Accounting Standards Board’s new revenue recognition standard will affect more than top-line revenue, and deal teams will need to assess the total impact of the transition. It is likely that the new standard will also result in new representations in acquisition agreements, say attorneys with Stinson Leonard Street LLP

  • Opinion

    Digital Realty Trust V. Somers May Kill Corporate Compliance

    Stephen Kohn

    During its upcoming term, in Digital Realty Trust v. Somers, the U.S. Supreme Court will decide whether employees who report violations internally are protected under Dodd-Frank. If the court requires whistleblowers to report violations directly to the U.S. Securities and Exchange Commission, internal corporate compliance programs will be crippled, says Stephen Kohn of Kohn Kohn & Colapinto LLP.

  • The Role Legal Finance Can Play In Firm Year-End Collections

    Travis Lenkner

    Payment collection delays have caused law firms to seek new options, one of which is litigation finance. In this context, litigation finance can offer alternative avenues to firms as they approach the end of a fiscal year or partnership distribution dates, says Travis Lenkner of Burford Capital LLC.

  • 'Per-Doc' Pricing Can Improve Document Review

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    Imagine going to a restaurant and ordering your steak medium-rare. The steak arrives burned. You expect the kitchen to bring you another one properly done, right? And you don’t expect to pay for two steaks, do you? Paying a vendor for document review should be no different, says Lisa Prowse, an attorney and vice president at e-discovery firm BIA Inc.

  • Extreme Weather Fuels New Climate Change Litigation Trend

    Michael McDonough

    As federal efforts to roll back environmental regulations from the Obama era continue, environmental groups have been increasingly filing lawsuits against industry alleging damages related to climate change impacts. The most recent lawsuits show that extreme weather events such as Hurricanes Harvey and Irma likely will intensify this trend, say Michael McDonough and Stephanie Amaru of Pillsbury Winthrop Shaw Pittman LLP.

  • When A SOX Whistleblower Claim Applies Extraterritorially

     Matthew LaGarde

    The recent decision from the U.S. Department of Labor's Administrative Review Board in Blanchard v. Exelis Systems is important because it makes clear that, so long as the misconduct reported by the employee affects the United States in “some significant way,” the Sarbanes-Oxley Act will apply extraterritorially, says Matthew LaGarde of Katz Marshall & Banks LLP.

  • Financial Crisis Anniversary

    2 Pillars Of Commonsense Reform

    Norm Champ

    The financial crisis was deepened by the unintended consequences of government action, and recovery was stifled by a regulatory response that neither addressed the fundamental causes of the crisis nor helped protect against a future one, says Norm Champ, partner at Kirkland & Ellis LLP and former director of the SEC Division of Investment Management.

  • Financial Crisis Anniversary

    Trends In Credit Crisis Settlements

    Faten Sabry

    Between 2007 and July 2017, settlements related to the financial crisis totaled $133.2 billion. Ten years after the onset of the crisis, members of NERA Economic Consulting analyze the “settlement ratio” for select mortgage-backed securities settlements and other trends.

  • Equifax Brings Early Lessons On Insider Trading Policies

    Gary Tygesson

    Insider trading allegations have surfaced at Equifax, where three executives sold nearly $2 million in shares of the company’s stock days after the cyberattack was discovered but before the news was announced. The situation raises a number of fundamental questions about Equifax’s insider trading policy, say Gary Tygesson and Cam Hoang of Dorsey & Whitney LLP.

  • Standard Insurance Policy May Cover Government Subpoena

    Daniel Wolf

    Even though most in-house counsel know all too well about the challenges and costs of defending government subpoenas, they may not realize that their existing insurance policies might provide coverage for these defense costs — even if those policies do not expressly address subpoenas, says Daniel Wolf of Gilbert LLP.