Corporate

  • January 20, 2017

    SEC Unlikely To Escape Partisan Chokehold Under Trump

    The U.S. Securities and Exchange Commission became an increasingly political focal point in the eight years of Barack Obama's presidency, buffeted by partisan forces both inside and out that experts say have damaged the SEC’s credibility and are unlikely to abate during the Trump administration.

  • January 20, 2017

    Jimmy Choo To Pay $2.5M To Settle Receipt Data Privacy Row

    Luxury shoe brand Jimmy Choo has agreed to fork over $2.5 million to settle a proposed class action accusing it of putting consumers at risk of identity theft by printing sensitive data on credit card receipts, according to documents filed in Florida federal court Friday.

  • January 20, 2017

    7th Circ. Nixes Time Warner Class' Appeal, Citing Spokeo

    The Seventh Circuit on Friday affirmed the dismissal of a Time Warner Cable Inc. subscriber’s proposed class action against the company for storing former customers’ personal information, saying the man had neither alleged nor offered any evidence of concrete harm, citing Spokeo.

  • January 20, 2017

    Trump DOJ Expected To Cut Down On Deferred Prosecution

    The combination of President Donald Trump's pro-business stance and presumptive Attorney General Jeff Sessions' views on criminal enforcement could make for a more predictable but less forgiving Justice Department that relies less on deferred charges and more on a black-and-white assessment of culpability, former government attorneys say.

  • January 20, 2017

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    The IRS takes final aim at corporate inversions, Dentons apologizes for a client mishap and the U.S. Department of Labor defends its fiduciary rule's right to disincentivize class waivers. Those stories top the corporate legal news you may have missed last week.

  • January 20, 2017

    DOL Wants Judge To Toss Case Against Retaliation Rule

    The U.S. Department of Labor asked a Texas federal judge on Thursday to toss a case filed by numerous business groups challenging an anti-retaliation provision in the recently implemented injury and reporting rule by the Occupational Safety and Health Administration, saying the rule doesn’t hurt them.

  • January 20, 2017

    What We Know About Trump's Antitrust Take So Far

    As President Donald Trump took office Friday, the ranks at the front office at the Antitrust Division thinned dramatically, leaving criminal deputy Brent Snyder in charge as rumors continue to swirl about who the new administration will tap to lead the competition agencies. Here's more on the changes and other signals about where U.S. antitrust policy will head in the next four years.

  • January 20, 2017

    These 3 Antitrust Issues Could Sink Your Client’s M&A Deal

    There are a multitude of matters mergers and acquisitions attorneys must understand to ensure a smooth deal-making process, and experts say it is more important than ever for legal advisers to be able to pinpoint potential antitrust issues in advance in an evolving regulatory environment. Here, Law360 explores three antitrust issues that could sink your client’s M&A deal.

  • January 20, 2017

    Trump Aims To Guard US Interests In Trade, Jobs

    Shortly after being sworn in Friday, President Donald J. Trump laid out a vision for his administration that he said would put “America first” through a regime of tax, international trade and immigration policy meant to increase job creation and protect U.S. interests.

  • January 19, 2017

    Bio-Rad CEO Tells Jury He Backdated Fired Exec's Review

    Bio-Rad's CEO admitted in a California federal court Thursday that he answered a Sarbanes-Oxley complaint brought by the company's general counsel by giving the U.S. Department of Labor a backdated review of the fired lawyer.

  • January 19, 2017

    Rolling Back Regulation In The Age Of Trump

    The incoming president’s plans to rein in the power of federal agencies will lead to uncertainty for lawyers and their clients as pending investigations and rulemaking are stopped in their tracks.

  • January 19, 2017

    Most Influential Judges On Trump’s Supreme Court Short List

    A new look at the potential U.S. Supreme Court nominees’ rulings reveals a ranking of judicial influence with some surprises at the top — and at the bottom.

  • January 19, 2017

    The Lawyer Who Will Shape Trump’s Presidency

    Jones Day’s Donald McGahn is stepping into the role of White House counsel, a powerful but little-understood position that has a strong history of impacting the president’s authority.

  • January 19, 2017

    In The Polarized Era Of Trump, BigLaw Searches For Balance

    The alignment of law firms with or against the new administration in legal battles to come could open rifts among attorneys and clients. But the publicity earned for taking on a potentially unpopular case could ultimately be worth any public fallout.

  • January 19, 2017

    Monsanto Can't Keep Ex-Atty Out Of Syngenta MDL

    A Kansas federal magistrate judge shot down Monsanto’s “implied request” to exclude its former longtime in-house attorney from serving as a witness in multidistrict litigation over Syngenta’s allegedly false promotion of genetically modified corn, holding Thursday that the deposition will go forward, but the company’s counsel can attend to object or advise the ex-employee.

  • January 19, 2017

    Del. Libel Claims Go Forward In Board 'Fight Letter' Suit

    A pared-down libel suit will go ahead against an association battling another investor group for control of a telecommunication license investment company, under a Delaware Chancery Court ruling Thursday that rejected a defense based on a law limiting “strategic” lawsuits.

  • January 19, 2017

    Fox Can’t Dodge Netflix Counterfire In Exec Poaching Suit

    The California judge overseeing Twentieth Century Fox’s claims that Netflix improperly poached executives tentatively ruled on Thursday that Fox can’t dodge cross-claims that its employment agreements amount to “involuntary servitude,” rejecting arguments that Netflix’s countersuit targets conduct protected by the state’s anti-SLAPP law.

  • January 19, 2017

    Cybersecurity, Cross-Border Data Weigh Heavily On GCs

    Corporate counsel participate more frequently in company cybersecurity efforts and are increasingly challenged by the interplay of international privacy and security laws in cross-border e-discovery, according to a survey published Wednesday.

  • January 19, 2017

    When A Startup Needs A Lawyer The Most

    It can be hard for lawyers to get a foot in a startup's door, partly because the company may not yet have the resources to recruit counsel. Here's how you can adjust to accommodate entrepreneurs' needs and help them through three potential legal minefields. 

  • January 19, 2017

    OSHA Dings Amtrak Nearly $1M For Firing Whistleblower

    The Occupational Safety and Health Administration said Wednesday it has ordered Amtrak to rehire and pay nearly $1 million in back wages and damages to a whistleblower who was fired after raising safety concerns about a contractor.

Expert Analysis

  • How Litigation Funding Is Bringing Champerty Back To Life

    John H. Beisner

    While some courts have declined to apply the common-law doctrine of champerty to invalidate third-party litigation funding agreements, two recent rulings by appellate courts in New York and Pennsylvania have brought renewed attention to champerty principles, casting doubts on the legality of certain forms of third-party litigation funding, say John Beisner and Jordan Schwartz of Skadden Arps Slate Meagher & Flom LLP.

  • DOJ Narrows Paths To Immunity For Antitrust Crimes

    Elizabeth Prewitt

    The U.S. Department of Justice Antitrust Division’s leniency program is unique — no other DOJ component offers similar nonprosecution protections for corporations or individuals. Therefore, new guidance released this week limiting pathways to leniency could be seen as part of the outgoing Obama administration’s desire to render this program less of an outlier, say attorneys with Hughes Hubbard & Reed LLP.

  • Attracting And Retaining The Millennial Lawyer

    Christopher Imperiale

    Instead of trying to change the new workforce to follow a law firm's existing processes and procedures, perhaps it's time for firms to start changing their processes and procedures to better accommodate the mentality of this next generation of lawyers, says Christopher Imperiale, a law firm adviser with Berdon LLP.

  • Obama's Pro-Union Impact On NLRB Won't Retire Quickly

    Adam C. Abrahms

    In recent years the National Labor Relations Board has extended its reach into employer operations with controversial decisions that have departed from long-standing precedent. However, while employers may hope the new administration might stop this expansion, with current board members and the general counsel still in office for some time, relief may be slow to come, say Adam Abrahms and Christina Rentz of Epstein Becker & Green PC.

  • Trump's EPA: Be Careful What You Wish For

    Mitchell J. Klein

    Trying to prognosticate what President-elect Donald Trump will do is very difficult. But assuming he does seek to implement change at the U.S. Environmental Protection Agency, if it's perceived as backing off of environmental enforcement, private parties will step in and cases will likely be even more expensive, more problematic and more unreasonable than those brought by the EPA and the states, says Mitchell Klein of Snell & Wilmer LLP.

  • Pay-To-Play Lessons From This Week's SEC Settlements

    Charles Borden

    The U.S. Securities and Exchange Commission’s settlements with 10 investment advisory firms relating to violations of the SEC’s pay-to-play rule may be a preview of things to come. Although none of the 10 cases announced Tuesday involved a major penalty, the real economic cost of the violations is likely to be much higher, say attorneys with Allen & Overy LLP.

  • It’s Time To Change The Law Firm Business Model

    Lucia Chiocchio

    Every year, statistics reveal very little change in the number of women and minorities in the ranks of partnership. So how do law firms change this painfully slow rate of progress? It takes more than adding a diversity policy or a women’s leadership program to the current law firm business model, says Lucia Chiocchio, co-chair of Cuddy & Feder LLP's telecommunications and land use, zoning & development groups.

  • Health Care Enforcement Review And 2017 Outlook: Part 3

    Jordan T. Cohen

    While 2016 marked one of the least productive years in the history of Congress, the same cannot be said of health care enforcement and regulatory agencies. Perhaps motivated by the impending change in administration, these agencies promulgated a number of notable regulations in 2016, say attorneys at Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • The International Scope Of SEC’s Whistleblower Program

    Vincent H. Cohen Jr.

    Around the world, corporate insiders are taking note of the significant awards issued by the U.S. Securities and Exchange Commission's whistleblower program and are more willing than ever to report their perceptions of corporate misconduct. This is an unmistakable call to action for multinational companies, say attorneys with Dechert LLP.

  • Key Trade Secret Developments Of 2016: Part 2

    Randy E. Kahnke

    Our first article in this two-part series focused on the most significant event in trade secret law in many years — the passage of the federal Defend Trade Secrets Act. Now we leave the DTSA and highlight five other trade-secret trends that promise to shape future developments, say attorneys with Faegre Baker Daniels LLP.