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  • May 24, 2018

    Paul Hastings Nabs Ex-Arnold & Porter IP Pro In Chicago

    Paul Hastings LLP has added a former Arnold & Porter partner with expertise litigating patent and trade secrets cases to its intellectual property practice in Chicago, according to the firm.

  • May 23, 2018

    Clothing Supplier Seeks Coverage For Walmart's $5M IP Feud

    A Walmart clothing supplier on Tuesday urged a California federal court to force its insurer to pony up more than $5.2 million in costs stemming from a trademark dispute in which Walmart was involved, saying the "advertising injury" portion of its policy extends to Walmart's advertising of merchandise it supplied.

  • May 23, 2018

    CBS Seeks Approval Of Redstone Vote Dilution

    CBS Corp. and five directors asked the Delaware Chancery Court Wednesday to approve of a special committee decision to dilute CBS Corp.'s controlling shareholder Shari Redstone’s voting power at a meeting last week.

  • May 23, 2018

    Class Waivers Declared Legal: What's Next For Plaintiffs?

    Although employers scored a landmark win Monday when the U.S. Supreme Court ruled that workers can be barred from pursuing class claims, the decision could prove to be a double-edged sword, since businesses face the prospect of footing the bill for an avalanche of individual arbitration demands workers may file. Here's a look at how plaintiffs will forge ahead now that the ruling is on the books.

  • May 23, 2018

    Ex-Penn State GC Defends Self In Sandusky Case Hearing

    A former Pennsylvania State University general counsel and onetime Pennsylvania Supreme Court justice testified Wednesday that the yearslong threat of formal discipline over alleged conflicts and privilege violations during the Jerry Sandusky sex-abuse investigation had left her unable to sleep and caused her hair to begin falling out.

  • May 23, 2018

    Class Waiver Ruling Could Backfire On Businesses: Panel

    Though they’re celebrating the decision as a win, employers may not like the legal response to the U.S. Supreme Court’s recent ruling that businesses can make workers sign away their rights to file class suits as a condition of employment, panelists said Wednesday at an American Arbitration Association conference.

  • May 23, 2018

    Senate To Hold Hearing On $59B T-Mobile-Sprint Merger

    Leaders of a Senate judiciary subcommittee on Wednesday said they have scheduled a hearing over the planned $59 billion merger between T-Mobile US Inc. and Sprint Corp., pointing to the importance of the wireless market to consumers.

  • May 23, 2018

    DOL Asks Justices To Nix 9th Circ. Decision On Tip Pool Rule

    The U.S. Department of Labor urged the U.S. Supreme Court to erase an "incorrect" Ninth Circuit decision that upheld a 2011 DOL rule regulating when so-called tip pools can be instituted by employers, but stopped short of backing full-blown high court review, noting that the agency has already moved to roll back the Obama-era regulations at the heart of the dispute. 

  • May 23, 2018

    Google Accuses Online Ordering Co. Of Hijacking Biz Pages

    Google has accused an online ordering service in California federal court of disguising itself as a Google affiliate to trick restaurant owners into giving up control of their business profiles on the search engine, infringing the tech giant’s trademark in the process.

  • May 23, 2018

    EU Digital Tax Not A ‘Google Tax,’ Commission Official Says

    A top official at the European Commission emphasized Wednesday that the continent’s efforts to tax large digital firms are intended not to punish individual companies but simply to tax an activity that didn’t exist when tax rules were written.

  • May 23, 2018

    Employment Atty Returns To McGuireWoods From Dollar Tree

    McGuireWoods LLP has bolstered its employment practice with the addition of the former assistant general counsel for Dollar Tree Inc., who had worked at the firm before leaving to supervise the retailer's legal affairs and guide its litigation strategy within the employment arena. 

  • May 23, 2018

    What We Know About Patent Venue Post-TC Heartland

    Since the U.S. Supreme Court’s TC Heartland ruling one year ago restricted where patent suits can be filed, the courts have grappled with many venue issues the decision didn’t address. Here’s a look at the rulings that have helped clarify questions about venue law — and some issues that remain unresolved.

  • May 23, 2018

    Gilbane GC Monitoring Contracts Amid Steel Tariff Questions

    New tariffs on steel from certain countries are creating uncertainty in the construction industry regarding which of various parties involved in contracts would bear the responsibility for increased costs should prices rise, and that's causing companies to closely examine their contracts, Gilbane Building Co. General Counsel Brad Gordon told Law360 in a recent wide-ranging interview.

  • May 22, 2018

    McDonald's Hit With 10 Sexual Harassment EEOC Claims

    Ten women and girls in Los Angeles, Chicago and seven other cities have claimed they were sexually harassed by co-workers and managers while working at McDonald’s Corp. restaurants, according to filings with the U.S. Equal Employment Opportunity Commission.

  • May 22, 2018

    3 Reasons The Epic Systems Ruling Won't Sink #MeToo

    Although the U.S. Supreme Court's blockbuster Epic Systems ruling that gave businesses a green light to use employment contracts to bar workers from bringing class actions will have a far-reaching impact on employment law, attorneys say it won't significantly reduce the volume of sexual harassment cases that arise as part of the #MeToo movement.

  • May 22, 2018

    Iancu Defends AIA Claim Construction Plan To Congress

    U.S. Patent and Trademark Office Director Andrei Iancu said at a House Judiciary Committee hearing Tuesday that a planned change to the claim construction standard for America Invents Act reviews will increase consistency and efficiency, defending the move to lawmakers who expressed concern about it.

  • May 22, 2018

    Ex-Penn State GC Fights Discipline Over Sandusky Probe

    An ex-Penn State University general counsel and former Pennsylvania Supreme Court justice went before a disciplinary committee in Pittsburgh on Tuesday to fight allegations that she violated professional conduct rules in representing three school administrators who were eventually charged in connection with the Jerry Sandusky sex abuse scandal.

  • May 22, 2018

    Gorsuch, Ginsburg Go To Mat Again In Class Waiver Case

    U.S. Supreme Court Justice Neil Gorsuch has once again delivered a 5-4 majority opinion over a vigorous dissent from his liberal colleague Justice Ruth Bader Ginsburg, this time clashing in a high-profile dispute over arbitration clauses protecting businesses from worker class actions.

  • May 22, 2018

    Groups Back Trucking Co.'s High Court Arbitration Bid

    A trucking industry lobbying group, a D.C. think tank and a Boston public-interest law firm urged the U.S. Supreme Court on Monday to compel arbitration in a class action accusing New Prime Inc. of failing to pay independent contractor truck-driver apprentices a proper minimum wage.

  • May 22, 2018

    Del. Faces IP Surge, Bench Gaps On TC Heartland's Birthday

    One year after the U.S. Supreme Court’s TC Heartland ruling steered hundreds of new patent cases to Delaware from Texas and other states, federal judges and attorneys are patently scrambling to manage the surge with fewer resident judges.

Expert Analysis

  • The 965 Tax: What Congress Giveth, Can IRS Taketh Away?

    Carlos Somoza

    A recently announced IRS position that surprised many tax practitioners is inconsistent with the plain language of Internal Revenue Code Section 965 and congressional intent — and creates problems for both individual and corporate taxpayers, says Carlos Santos of Kaufman Rossin PA.

  • Trade Rep Hints At More CFIUS Scrutiny Of Biotech Deals

    Stephen Mahinka

    The Section 301 report issued in March by the United States Trade Representative highlighted foreign acquisitions and investments in the U.S. biotechnology industry. Counsel on both sides of a transaction in this sector should consider carefully whether involvement by foreign entities, especially from China, should be filed for review by CFIUS before closing, say Stephen Mahinka and Carl Valenstein of Morgan Lewis & Bockius LLP.

  • Business As Usual For Employers After Epic Systems Opinion

    Veronica Gray

    While the U.S. Supreme Court's decision Monday in Epic Systems v. Lewis is a decisive win for employers, it simply preserves the status quo in wage and hour litigation and reaffirms the ability of employers to avoid costly class actions by requiring employees to sign arbitration agreements containing class action waivers as a condition of employment, say Veronica Gray and Allison Callaghan of Nossaman LLP.

  • Essential ERISA Considerations In Credit Agreements

    Excerpt from Lexis Practice Advisor
    Kim Steefel

    In this overview of the key considerations in credit agreements related to potential liabilities under the Employee Retirement Income Security Act, Lexis Practice Advisor expert attorney Kim Steefel discusses controlled group liability concerns as well as lender and borrower positions with respect to relevant ERISA clauses.

  • Employee Choice Doctrine — Alive And Well In NY

    Jerome Coleman

    While the fate of recent bills seeking to prohibit or severely limit employment restrictive covenants is uncertain at best, in New York the employee choice doctrine remains a useful tool in the employer arsenal for restricting post-employment competition if the groundwork is properly created and administered, says Jerome Coleman of Putney Twombly Hall & Hirson LLP.

  • NY Unincorporated Biz Tax Proposal Overshoots Its Mark

    Leah Robinson

    The New York State Department of Taxation and Finance just released for comment a draft bill to enact a new unincorporated business tax. While that is a laudable goal, the proposal as currently drafted appears to generate substantially more revenue for the state than the benefit to individual partners would seem to justify, say attorneys at Mayer Brown LLP.

  • High Court Has Returned Workers To 'Like It Or Lump It' Era

    Scott Oswald

    With Justice Neil Gorsuch’s majority opinion Monday in Epic Systems v. Lewis, the U.S. Supreme Court revives a toxic idea that was common before the New Deal: the fiction that an individual employee’s waiver of rights in an employment agreement is a voluntary tradeoff — not an illegal power grab by the employer at its time of maximum leverage, says Scott Oswald of The Employment Law Group PC.

  • Introducing The Legal Industry To Millennial Business Owners

    Yaima Seigley

    ​The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.

  • Post-Dynamex: A Narrow Road Ahead For Calif. Trucking Cos.

    Bradford Hughes

    The California Supreme Court's recent opinion in Dynamex Operations West v. Superior Court of Los Angeles County sent shock waves through the entire transportation industry, which has traditionally relied on independent contractors. However, specifically for trucking companies that operate in the Golden State, Dynamex raises a litany of compliance concerns, says Bradford Hughes of Clark Hill PLC.

  • How Not To Bungle Off-Cycle Engagements With Stockholders

    Ethan Klingsberg

    Many companies are now turning from annual meetings to off-cycle engagements with their institutional investors, but the risks are significant. On that account, we have compiled some guidelines and tips based on direct feedback from a spectrum of investors over the past six months, say Ethan Klingsberg and Elizabeth Bieber of Cleary Gottlieb Steen & Hamilton LLP.