Corporate

  • February 23, 2018

    Health Hires: Goodwin, Alston & Bird, Lucas & Mercanti

    So far in February, Alston & Bird LLP lost an FDA-focused attorney to Goodwin Procter LLP and gained a government contracts attorney from Dentons, and intellectual property boutique Lucas & Mercanti LLP announced the arrival of three attorneys specializing in pharma.

  • February 23, 2018

    LSAT Administrator Likely In Contempt As Feds Sit Idly By

    A California federal judge said Friday that the Law School Admission Council Inc. was likely in contempt of a consent decree laying out ways it should accommodate disabled test takers, adding it was “astounding” that the federal government took no position on the alleged violations after it had vigorously pursued the litigation for several years.

  • February 23, 2018

    Rakoff Questions $285M Atty Fees In $3B Petrobras Deal

    U.S. District Judge Jed Rakoff on Friday pressed lawyers for a class of investors in Petrobras securities who inked a $3 billion fraud settlement with the oil giant and its auditor to justify their request for $285 million in attorneys’ fees, calling on Petrobras to join him in scrutinizing the plaintiffs’ billing records.

  • February 23, 2018

    Ex-SEC Chair Urges Delay Of Post-IPO Suit Policy Debate

    Former SEC Chairman Harvey Pitt on Friday urged current Chairman Jay Clayton to put on “the back burners” the idea of allowing companies to bar investors from filing lawsuits after an initial public offering, saying debating the subject would divert the agency’s “limited resources.”

  • February 23, 2018

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    A report revealed that National Public Radio management hired and retained news executive Michael Oreskes despite multiple "flags" regarding his inappropriate behavior toward women, Democrats dinged new U.S. Securities and Exchange Commission guidance as old advice, and the general counsel of Discover Financial Services spoke with Law360 about how the company prioritizes diversity and inclusion. These are some of the stories in corporate legal news you may have missed in the past week.​

  • February 22, 2018

    Chamber Seeks Clarity For Tax Law's Repatriation Rules

    The U.S. Chamber of Commerce has asked Treasury and IRS officials to clarify the terms of recent guidance that give multinational corporations some wiggle room in determining the amount of offshore income eligible for a one-time discounted tax rate under the newly enacted tax cut law.

  • February 22, 2018

    Google Hit With New Lawsuit Stemming From Damore Memo

    A former Google engineer on Wednesday accused the company in California state court of retaliating against him for expressing political opinions, including firing him after he took a strong stance against the opinions expressed in a now-public memo by fellow former employee James Damore.

  • February 22, 2018

    SEC Case Exposes Justices' Rift Over 'Legislative History'

    The Supreme Court’s long-running tensions over the use of legislative history as a way to interpret law broke out into public view Wednesday in a case over the Dodd-Frank Act’s whistleblower provisions, as Justices Sonia Sotomayor and Clarence Thomas clashed over the value of a Senate report.

  • February 22, 2018

    Chevron Spared As Justices Say 'Whistleblower' Term Clear

    After speculation that a former executive's retaliation case would lead to a re-evaluation of the so-called Chevron doctrine, the U.S. Supreme Court instead found Wednesday that the definition of “whistleblower” in the Dodd-Frank Act is so clear that the question of courts deferring to agencies’ interpretations of ambiguous statutes was moot.

  • February 22, 2018

    Newark Accused Of Unlawfully Shielding Amazon HQ Docs

    A New Jersey man has slammed Newark with a lawsuit in state court alleging the city unlawfully denied his public records request for documents related to its bid to land Amazon's second U.S. headquarters, citing "a compelling public interest" in learning such information.

  • February 22, 2018

    Pass-Throughs Await IRS Guidance Before Restructuring

    The recently passed federal tax cut bill slashed income tax rates for corporations, but in the absence of guidance from the Internal Revenue Service, some pass-through businesses are holding off on restructuring that might take advantage of the reduced rates.

  • February 22, 2018

    Tax Specialists Call For Generous Reading Of BEAT Provision

    A literal reading of one of the new international provisions in the recent federal tax overhaul could have the unintended consequence of encouraging U.S. companies to change their operations to avoid the harsh treatment, practitioners said.

  • February 22, 2018

    4 Things To Know As NLRB Joint Employer Saga Continues

    The National Labor Relations Board inspector general's recent conclusion that board member William Emanuel's ties to Littler Mendelson PC should have precluded him from voting to tighten the board’s test for determining joint employment creates a murky scenario that puts the new employer-friendly standard at risk, attorneys say.

  • February 22, 2018

    How Cannabis GCs Are Leading The Way In A Legal Gray Area

    As a once black-market industry continues to grow in both legitimacy and size, and with it, a corresponding surge in legal needs, the first generation of general counsel at state-legal U.S. marijuana companies are on the front lines of the new and volatile field of cannabis law.

  • February 22, 2018

    Legislate For Cyberattack Disclosure, Lloyd's Chief Says

    Private companies could be compelled to hand over information to help the insurance industry in the aftermath of a cyberattack, the head of Lloyd’s of London told Law360 on Thursday.

  • February 21, 2018

    New Cloud Data Bill Pits Big Tech Against Privacy Hawks

    Silicon Valley giants have teamed up with privacy advocates to fight the U.S. government’s bid, now at the U.S. Supreme Court, to access Microsoft data stored on an Irish server. But that uneasy alliance has crumbled as lawmakers mull a plan to carve out a more concrete path for U.S. prosecutors pursuing data stored abroad, with critics claiming data-sharing deals resulting from the bill could erode human rights.

  • February 21, 2018

    1st Circ. Affirms Fidelity's Win In Workers' ERISA Suit

    A First Circuit panel on Wednesday upheld a Massachusetts federal judge’s decision to grant Fidelity Management Trust Company an early win in a proposed class action that accused the company of violating Employee Retirement Income Security Act duties by mismanaging an employee benefit pension fund, saying the workers’ arguments make “little sense.”

  • February 21, 2018

    Morgan Lewis Report Says NPR Hired Ex-VP Despite 'Flags'

    Morgan Lewis & Bockius LLP released the results of its independent investigation Tuesday that revealed NPR management and its in-house legal team hired and retained NPR news executive Michael Oreskes despite multiple “flags” regarding his inappropriate behavior toward women.

  • February 21, 2018

    New SEC Cybersecurity Guidance Dinged By Dems As Rehash

    The U.S. Securities and Exchange Commission on Wednesday issued new guidance to public companies on how they should disclose their cybersecurity risks, but the effort was faulted by the agency’s Democratic commissioners, who said the SEC essentially reissued old advice without providing much new.

  • February 21, 2018

    Meet The Forthright Judge Who Crushed A $350M FCA Verdict

    When a Florida federal judge nuked a $350 million False Claims Act verdict last month, the eye-popping reversal was announced in an opinion teeming with bare-knuckle prose — the sort of ruthless writing that has made the judge a local legal legend.

Expert Analysis

  • Breaking Down The New Interest Deduction Limitation

    Breaking Down The New Interest Deduction Limitation

    The Internal Revenue Code has historically limited the ability of corporations to deduct certain interest paid to related parties, but the recent tax reform modified this limitation and expanded its application. In this video, Taylor Kiessig and Brian Tschosik of Eversheds Sutherland LLP discuss differences between the historic and new versions of this limitation on interest expense.

  • In Somers, High Court Takes Us Back To 2014

    Scott Oswald

    Justice Ruth Bader Ginsburg’s opinion in Digital Realty Trust v. Somers, which put a tight limit on anti-retaliation protections under the Dodd-Frank Act, emerged on Wednesday as the obverse of her 2014 opinion in Lawson. The real-world impact of Somers is likely to be immediate and somewhat perverse, says Scott Oswald of The Employment Law Group PC.

  • What Employers Can Learn From Waymo V. Uber

    Brian Arbetter

    While Waymo v. Uber was more high-profile than most cases, employers can and should learn lessons from it. Brian Arbetter of Norton Rose Fulbright discusses the current state of the law in the area of employee raiding and restrictive covenants and offers some best practices for employers to follow in order to fully protect their confidential information.

  • Tips For Reassessing Company Patent Strategies

    Carey Jordan

    In this disruptive age, a successful patenting strategy should be a company core competency. Failure to shift corporate thinking has caused many well-established companies to be blindsided by technological developments that oust them from their market leadership positions, say Carey Jordan and Jeremy Harrison of Vorys Sater Seymour and Pease LLP.

  • Opinion

    Gig Economy Business Model Skirts Calif. Labor Laws

    Mike Arias

    California workers have spent over a century carving out the rights to have fair working conditions, an eight-hour work day and to be paid a living wage. The gig economy largely seeks to circumvent these well-established laws, says Mike Arias of Arias Sanguinetti Wang & Torrijos LLP.

  • A Review Of Cross-Border Investigations In 2017: Part 2

    Sunil Gadhia

    Global authorities are taking an increasingly coordinated approach toward the investigation and prosecution of economic misconduct. Further significant developments in 2018 will likely refine the manner in which such investigations are approached, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • A Review Of Cross-Border Investigations In 2017: Part 1

    Sunil Gadhia

    A number of significant corporate resolutions were reached in 2017, which have provided guidance on the level of cooperation expected by criminal and civil authorities, primarily in Europe. Meanwhile, the divergent approaches to legal privilege taken by courts in different jurisdictions provide significant challenges to those conducting cross-border internal investigations, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • Planning For The New GILTI Tax

    Planning For The New GILTI Tax

    The recent Tax Cuts and Jobs Act adopted a provision subjecting certain U.S. shareholders of controlled foreign corporations to tax on their global intangible low-taxed income, or GILTI. In this video, Taylor Kiessig and Stefanie Wood of Eversheds Sutherland LLP explain that GILTI is effectively a new worldwide minimum tax on the earnings of a U.S. shareholder’s CFCs.

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle LLP.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.