Corporate

  • April 27, 2017

    Books Demand For Universal Health In Wake Of Fraud Probe

    Embattled psychiatric hospital operator Universal Health Services Inc. was hit with a shareholder suit Wednesday in Delaware’s Chancery Court by a pension plan demanding to see records relating to allegations that UHS hospitals routinely exaggerate patients’ risk of suicide in order to hold them involuntarily and collect insurance payments.

  • April 26, 2017

    Temporary Nature Of Tax Cuts May Lessen Economic Growth

    The big tax announcement that President Donald Trump promised brought few surprises on Wednesday as it mostly rehashed his campaign pledges, but it suggests that comprehensive tax reform may amount to little more than temporary tax cuts that will curtail businesses' readiness to make long-term investments in the U.S. economy.

  • April 26, 2017

    Aluminum Probe Marks Trump Admin.'s 2nd Use Of Rare Law

    The Donald Trump administration on Wednesday launched a new investigation assessing national security threats from aluminum imports that could potentially lead to new tariffs, wielding an obscure trade law that allows for such probes for the second time in seven days.

  • April 26, 2017

    Ruling In GM Case Clarifies Liability Limits In Bankruptcies

    The U.S. Supreme Court’s rejection of General Motors’ bid to dodge responsibility for some of its predecessor company’s actions even after a 2009 bankruptcy makes clear that some buyers in Chapter 11 sales cannot rely on traditional rules to escape liability when parties aren’t properly notified about lingering claims, experts say.

  • April 26, 2017

    60 Cos., Trade Groups Urge Trump To Back USPTO's Lee

    More than 60 companies and associations spanning the nation’s major industries are urging the Trump administration to keep Michelle Lee on as the director of the U.S. Patent and Trademark Office, according to a letter sent to the president and Commerce Secretary Wilbur Ross on Tuesday.

  • April 26, 2017

    Chipotle Warns Of Payment Processing Data Security Breach

    Chipotle Mexican Grill Inc. has detected a data security breach in its electronic processing and transmission of confidential customer and employee information, saying on Wednesday that it may be subject to lawsuits due to the breach that reportedly affected transactions from March 24 through April 18.

  • April 26, 2017

    Louisiana's Controversial Gross Receipts Tax Put On Ice

    Louisiana Gov. John Bel Edwards accepted defeat Tuesday on the Democrat's controversial proposal for a commercial activity tax for businesses based on their gross receipts, an end-run around limitations on taxing out-of-state companies also being attempted elsewhere that was pulled by the bill's sponsor.

  • April 26, 2017

    Professors Ask High Court To Revive Recycling Antitrust Suit

    A group of law and economics professors have urged the U.S. Supreme Court to take up a defunct recycling company’s antitrust lawsuit against major players in the container industry, urging the justices to clarify a circuit split on the evidence needed for summary judgment.

  • April 26, 2017

    House Dems Seek To Slow GOP Dodd-Frank Repeal

    Democrats on the House Financial Services Committee on Wednesday said they planned to hold their own hearing on a Republican bill that would effectively repeal the Dodd-Frank Act in a bid to slow down the legislation.

  • April 26, 2017

    Trump Pushes For 15% Corporate Rate In New Tax Plan

    A 15 percent tax rate for corporations and the repeal of a 3.8 percent tax on net investment income are the top priorities in the Trump administration’s tax reform agenda, according to a plan released by the White House on Wednesday.

  • April 25, 2017

    7 Firms Stand Out As Best At Cybersecurity, GCs Say

    Corporate counsel facing complex and rapidly evolving cybersecurity issues are consistently calling on seven law firms as their go-to's due to their unique ability to help businesses understand a web of legal risks and develop tailored plans to curb their exposure.

  • April 25, 2017

    Apple Strikes Out In 2 Labor Cert. Cases At BALCA

    The Board of Alien Labor Certification Appeals has affirmed the denial of certifications for Apple Inc. to hire two foreign-born workers as a database administrator and a logistician, finding Monday that one candidate did not have the required qualifications and the other lacked the necessary experience.

  • April 25, 2017

    Calif. Looks To Retool Image As International Arbitration Hub

    The state of California is looking to improve its image as an attractive option for hosting commercial international arbitration proceedings by making it easier for foreign and out-of-state attorneys to participate in commercial arbitrations in the state, according to a report released Tuesday.

  • April 25, 2017

    House GOP's Dodd-Frank Overhaul Could Muzzle Regulators

    A bill by House Republicans seeking to rewrite the Dodd-Frank Act would bring major changes to the way primary banking regulators are funded and how much leeway they have in shaping the industry, ultimately making it harder to oversee Wall Street practices, attorneys and policy experts say.

  • April 25, 2017

    SEC Hands Nearly $4M Award To Whistleblower

    The U.S. Securities and Exchange Commission on Tuesday handed over nearly $4 million, its 10th-highest whistleblower award to date, to an individual who alerted the agency about securities misconduct, bringing the program’s total endowment to approximately $153 million.

  • April 25, 2017

    GCs Also Need Business Know-How To Succeed, Study Says

    As the role of corporate general counsel expands to include more executive leadership duties, directors and executives of major companies desire attorneys with a more business-minded approach that complements their legal expertise to fill the position, a new study released Tuesday found.

  • April 25, 2017

    Senate Panel Clears Way For Vote On Trump's USTR Pick

    The Senate Finance Committee unanimously approved the nomination of Robert Lighthizer to serve as the Trump administration’s U.S. trade representative Tuesday after resolving a procedural quarrel over the veteran trade attorney’s past advocacy for foreign governments.

  • April 24, 2017

    Congress Tells SEC To Rein Itself In With CHOICE Act 2.0

    Although Rep. Jeb Hensarling’s second shot at repealing Dodd-Frank faces an uncertain path to passage, experts say the Financial CHOICE Act 2.0 sends a clear message to the U.S. Securities and Exchange Commission to pull back its enforcement program and focus on capital formation — a message likely to be well received by the agency’s new leadership.

  • April 24, 2017

    Axing Obama Tax Regs Could Reopen Loopholes

    President Donald Trump’s efforts to eliminate tax regulations from the previous administration are misguided in a world where businesses crave clarity in interpreting tax laws, according to experts who say the White House should instead focus on facilitating rules that help with business planning and prevent the gaming of tax laws.

  • April 24, 2017

    Shell, Ralph Lauren, Ruth's Beat Del. Suit Over Gift Cards

    A Delaware state judge on Friday threw out the state’s accusations that Shell Oil Co., Ralph Lauren and Ruth’s Hospitality were trying to keep unclaimed gift card balances, finding the state had already brought identical claims against each company in administrative proceedings.

Expert Analysis

  • How Privilege Applies To Multinationals' In-House Counsel

    Devika Kewalramani

    How does attorney-client privilege apply to an international company with corporate legal departments at a U.S. parent and at foreign subsidiaries? When does it attach to communications between such entities? These questions were the subject of a recent decision by a New Jersey federal court. The court's opinion provides real-world guidance to both in-house and outside counsel, say attorneys from Moses & Singer LLP.

  • Sex Discrimination Takeaways From Hively V. Ivy Tech

    Andrew Melzer

    The Seventh Circuit's recent decision in Hively v. Ivy Tech Community College bodes well for victims of sexual orientation discrimination. Such a decision coming out of a widely influential yet relatively middle-of-the-road circuit, gives clear cover to panels in other circuits to follow its lead, say Andrew Melzer and James Richardson of Sanford Heisler Sharp LLP.

  • The 9-Year Winning Streak Of Virginia ‘Rocket Docket’

    Bob Tata

    Out of 94 district courts, the Eastern District of Virginia has been the fastest civil trial docket in the country for nine straight years. Without micromanaging the process, the EDVA's judges, magistrate judges, and clerks and staff continue to perform at a stunningly efficient level, says Bob Tata of Hunton & Williams LLP.

  • Employment Class Waivers: Which Came First, FAA Or NLRA?

    Bonnie Burke

    Until the U.S. Supreme Court determines whether mandatory arbitration agreements containing class action waivers are enforceable under the Federal Arbitration Act — despite any protections afforded by the National Labor Relations Act — a close reading of recent appellate decisions provides employers with guidance to overcome the current attacks on such agreements, say Bonnie Burke of Lawrence & Bundy LLC and Christina Tellado of Reed Smith LLP.

  • Opinion

    Let's Talk About Half-Hearted Innovation

    Michael Moradzadeh

    Allowing attorneys to telecommute may seem like a great fix for law firms. But without significant changes to the firm's culture, telecommuting is just a patch applied to the problem of attrition, says Michael Moradzadeh, founding partner of Rimon PC.

  • Fox’s Handling Of O’Reilly Complaints Is A Cautionary Tale

    Ann Fromholz

    To be fair, any company can have a Bill O’Reilly in its midst. The question is whether the company does the right thing once it realizes what’s going on, says Ann Fromholz, a workplace investigation attorney and founder of The Fromholz Firm.

  • How To Reduce Cost Of UK Deferred Prosecution Agreements

    Jonathan Middup

    When combined, the penalties of all agreed-to deferred prosecution agreement settlements in the United Kingdom total roughly 530 million pounds, but public fines are often just the tip of the iceberg. Though a good compliance program may be the best defense against corporate wrongdoing, executives should nonetheless take steps to cooperate with prosecutors and embrace independent scrutiny, says Jonathan Middup of Ernst & Young LLP.

  • Tips For Managing Response To A Gov't Investigation

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    Today’s enforcement environment presents major challenges for unprepared, ill-equipped companies. For any government investigation, early assessment and proper data preservation are key considerations, say Vincenzo Toppi of CohnReznick LLP and Todd Haley of eTERA Consulting.

  • Will Corporate Monitor Reports Become Public?

    John Wood

    If independent compliance monitorships are to remain an important part of how the U.S. government resolves corporate investigations, it is imperative that courts eliminate recent uncertainty and protect monitor reports from public disclosure, says John Wood, a partner at Hughes Hubbard & Reed LLP and former U.S. attorney for the Western District of Missouri.

  • Roundup

    Counsel To Counsel: Insights From Law Firm GCs

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    General counsel at four law firms share the biggest issues they face in an increasingly complex legal environment.