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Corporate

  • August 17, 2018

    Disney May Not Be Magical For Autistic Guests: 11th Circ.

    The Eleventh Circuit revived 30 consolidated lawsuits alleging Walt Disney Parks and Resorts U.S. Inc. fails to properly accommodate guests with autism by making them wait for rides, ruling Friday that a bench trial should decide whether those visitors have access to the same experience as nonautistic patrons.

  • August 17, 2018

    HUD Claims Facebook's Housing Ads Are Discriminatory

    The U.S. Department of Housing and Urban Development has hit Facebook Inc. with an administrative complaint that accuses the social media giant of using discriminatory advertising practices to target home buyers, according to New York federal court documents filed Friday in a related lawsuit.

  • August 17, 2018

    DOL Urges 2nd Circ. To Revive PwC Retirees' ERISA Fight

    The U.S. Department of Labor threw its support behind a class of former PricewaterhouseCoopers LLP employees attempting to revive their Employee Retirement Income Security Act claims against the company at the Second Circuit, arguing that there were remedies for the retirees under the statute.

  • August 17, 2018

    NLRB Dems Fight Post-Epic Review Of Wage Suit Ruling

    Republican members of the National Labor Relations Board have wiped out an April ruling that a Texas restaurant group illegally fired a worker who brought a wage suit against it, drawing objections from the board’s Democrats.

  • August 17, 2018

    Trump Call For SEC To Study Reporting Rules Sparks Debate

    President Donald Trump on Friday called on the U.S. Securities and Exchange Commission to study ending quarterly reporting requirements for public companies and switch to a six-month system in order to cut costs and spur growth, a major policy shift that experts say would likely be embraced by many businesses but resisted by investors.

  • August 17, 2018

    Facebook, Google Could Be Wild Cards In Privacy Law Fight

    Federal lawmakers have struggled for years to enact uniform online data security rules, but now once-unthinkable support from tech giants like Facebook and Google and shifting consumer attitudes are signaling a chance for momentous change, attorneys say.

  • August 17, 2018

    Brand Battles: Hershey, Unilever, 'Game of Thrones,' NFL

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Hershey and Unilever try to break the "Ice," HBO tries to burn an application for a mythical dragon word from "Game of Thrones," and the NFL's New Orleans Saints defend the city's area code.

  • August 17, 2018

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    The Sixth Circuit ruled the Fair Labor Standards Act doesn’t on its own thwart arbitration agreements, consumer groups fought back against industry attempts to amend a hastily enacted landmark privacy law in California and British police warned of an increase in cryptocurrency fraud. These are some of the stories in corporate legal news you may have missed in the past week.​

  • August 17, 2018

    Retailers Can't Escape Duracell's TM Suit, Judge Says

    An Illinois federal judge has greenlighted Duracell's trademark suit against retailers alleging that they unlawfully sell its batteries that are not approved for sale in the U.S., finding that the nation's largest battery brand showed that the sale of "gray market" batteries would likely cause confusion among consumers.

  • August 17, 2018

    Mass. Noncompete Law Overhaul Not As Strict As It Seems

    Massachusetts employers may easily work around newly rewritten state noncompete laws by using escape clauses in the legislation or by turning to nonsolicitation agreements, corporate counsel monitoring the legislation told Law360.

  • August 16, 2018

    $3.5M Paint Price-Fix Deal OK'd After DuPont's 3rd Circ. Win

    A California federal judge on Thursday approved a $3.5 million deal DuPont and other companies reached to end consumer claims they conspired to fix a paint ingredient’s price, calling it “in the best interest of the class” since the Third Circuit affirmed DuPont’s win in a similar case.

  • August 16, 2018

    Will Law Schools Start Counting ‘Generation ADA’?

    No one is tracking law students with disabilities to see where the education system may be failing them, but some advocates are working to change this dynamic and build a better pipeline.

  • August 16, 2018

    8th Circ. Voids Tax Court Ruling In $1.36B Medtronic Case

    The Eighth Circuit struck a blow Thursday to Medtronic Inc. in its $1.36 billion dispute with the Internal Revenue Service, vacating a favorable U.S. Tax Court decision after finding that the judge in the case had not justified the pricing.

  • August 16, 2018

    Full Fed. Circ. Says Axed Suits Still Start AIA Time-Bar Clock

    The full Federal Circuit ruled Thursday that patent suits that are voluntarily dismissed start the clock on the one-year window the accused party has to file an inter partes review petition, saying the Patent Trial and Appeal Board's contrary holding misread the America Invents Act.

  • August 16, 2018

    Dean Foods Says Ex-Chair, Gambler Owe $9.7M For Fraud

    Dean Foods Co. has asked a Texas state court to compel former chairman Thomas Davis and prominent gambler Walter “Billy” Walters to cough up over $9.7 million in costs it incurred from the pair’s insider trading scheme.

  • August 16, 2018

    $115M Anthem Data Breach Deal Gets Final Nod

    A California federal judge on Thursday gave final approval to a $115 million deal that ends claims Anthem Inc. put 79 million consumers’ personal information at risk in a 2015 data breach, casting aside calls for the settlement to go even further to punish the nation’s second-largest health insurer.

  • August 16, 2018

    Cox Facing Epic Copyright Battles Ahead Over Downloading

    With a copyright retrial against Cox Communications set to kick off later this month and an even bigger case from major record labels looming right behind it, the internet service provider is facing a huge courtroom test over illegal downloading in the months ahead.

  • August 16, 2018

    2nd Circ. Judge Has Blunt Take On La Quinta Stock-Drop Case

    The Second Circuit didn’t look keen Thursday to revive claims that La Quinta Holdings Inc. and a private equity backer duped investors by failing to adequately disclose the risk of oil and gas prices crashing, with Judge Gerard E. Lynch saying “any idiot” knows a hotel chain with a heavy presence in Texas is impacted by an energy-sector slump.

  • August 16, 2018

    Facebook Sued Over Allegedly Bogus Advertising Stats

    The owner of a Kansas-based aromatherapy fashion business has filed a proposed class action suit in California federal court against Facebook alleging the social media giant grossly inflates so-called potential-reach demographic figures that dictate advertising rates and guide clients in choosing what markets in which to place their ads.

  • August 16, 2018

    Fed. Circ. Reverses Part Of $7.3M Apple Patent Verdict

    The Federal Circuit on Thursday upended a jury verdict that required Apple Inc. to pay $7.3 million to Core Wireless Licensing SARL, which claimed iPads and iPhones infringed two of its patents covering wireless communications technology.

Expert Analysis

  • Plan Sponsors Should Consider Pension De-Risking

    Elliot Dinkin

    For some plan sponsors, the prospect of engaging in a pension risk transfer may seem cost-prohibitive. However, the cost of transferring risk is lower than what many sponsors perceive, says Elliott Dinkin of Cowden Associates Inc. 

  • Series

    Judging A Book: Lipez Reviews 'Last Great Colonial Lawyer'

    Judge Kermit Lipez

    In his new book, "The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley," Charles McKirdy argues that Gridley — someone I had never heard of — was the last great colonial lawyer, and that his cases illuminate his times. The author largely substantiates both claims, says First Circuit Judge Kermit Lipez.

  • Tax Enforcers Unite Against International Tax Crime

    Kyle Womboldt

    In light of the launch of the Joint Chiefs of Global Tax Enforcement alliance against transnational tax crime and money laundering, it is more important than ever for corporations and professional services firms to carefully manage their exposure to higher risk clients and business activity, say Kyle Wombolt and Jeremy Birch of Herbert Smith Freehills LLP.

  • A Teachable Moment On Adequate Disclosures

    Marc Casarino

    Full and accurate disclosure of information by a corporation to its stockholders is a basic component of obtaining consent to mergers and other fundamental transactions. But the Delaware Supreme Court's decision in Morrison v. Berry is a stark reminder that implementing adequate disclosures is easier said than done, say Marc Casarino and Lori Smith of White and Williams LLP.

  • A Close Look At IRS Proposed Pass-Through Deduction Rules

    Stephen Looney

    Last week, the IRS proposed regulations under Internal Revenue Code Section 199A, providing guidance on the new deduction available to pass-through entities and sole proprietorships. Mostly taxpayer friendly, the lengthy proposed regs are likely to undergo some changes before becoming finalized, say Stephen Looney and Edward Waters of Dean Mead Egerton Bloodworth Capouano & Bozarth PA.

  • An Update, Not A Transformation, Of CFIUS Review Process

    Scott Flicker

    The Foreign Investment Risk Review Modernization Act, a reform of the review process overseen by the Committee on Foreign Investment in the United States, has just been signed into law. But to a great extent, it merely codifies CFIUS’ current practice of expansively interpreting its jurisdiction, stretching review timelines and taking a broad view of national security, say attorneys with Paul Hastings LLP.

  • Takeaways From 1st Retroactive Application Of Dynamex

    Desi Kalcheva

    The California Supreme Court's Dynamex opinion — fashioning an updated California test for distinguishing between employees and independent contractors — has stirred much speculation about its scope and the extent of its application. Now, for the first time, in Johnson v. Imperial Showgirls the decision has been applied on a retroactive basis, says Desi Kalcheva of Paul Plevin Sullivan & Connaughton LLP.

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • Opinion

    Coach Contract Sexual Misconduct Clauses Are Concerning

    Scott Bernstein

    A clause added to The Ohio State University head football coach Urban Meyer's contract, requiring him to report any known violations of the school’s sexual misconduct policy, may seem noncontroversial. However, because schools often define sexual misconduct too broadly, this type of provision could cause lasting harm to innocent student-athletes, say Scott Bernstein and Justin Dillon of KaiserDillon PLLC.

  • Companies Could Face Pressure Over Board Composition

    Arthur Kohn

    Companies should expect that the New York City Comptroller's Office, State Street Global Advisors and others will continue to seek dialogue, engagement and disclosure on diversity and other important social issues. Based on 2018 proxy season results, investors' votes may increasingly become a referendum on social concerns, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.