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Corporate

  • May 22, 2018

    EU Officials Grill Zuckerberg On Privacy, Antitrust, Legacy

    European lawmakers laid into Facebook founder Mark Zuckerberg on Tuesday for his company’s data privacy failings and raised the prospect of breaking up the social network, which some suggested had amassed an unfair share of power online.

  • May 22, 2018

    Walmart Shirks Privacy With Self-Checkout Videos, Suit Says

    Walmart Inc. violates Golden State privacy law by using video cameras to record customers’ facial features at self-checkout kiosks, according to a proposed class action that landed in California federal court on Monday.

  • May 21, 2018

    5 Takeaways From Employers' Win On Class Waivers

    The U.S. Supreme Court cleared the way Monday for employers nationwide to require workers to sign away their right to pursue class actions in a blockbuster ruling that attorneys on both sides of the bar agree will translate to millions more workers being bound by class waivers. Here, Law360 looks at five key takeaways from the high court's long-anticipated decision.

  • May 21, 2018

    Ex-Uber Engineer Files Sexual Harassment Suit

    A former Uber programmer sued the ride-hailing giant in California state court Monday alleging she was subject to such severe sexual harassment and retaliation that she was hospitalized, in a filing that comes days after the company pledged not to send sexual misconduct-based suits to arbitration.

  • May 21, 2018

    9th Circ. Revives Office Depot's Coverage Battle With AIG

    The Ninth Circuit on Monday revived Office Depot Inc.'s bid to force an AIG unit to cover its costs in a suit alleging it violated the California False Claims Act by overbilling public agencies, rejecting a lower court's conclusion that claims brought under the CFCA are innately subject to a state law barring insurance for deliberate wrongful conduct.

  • May 21, 2018

    Big Lots Agrees To $38M Settlement In Stock-Drop Case

    Big Lots Inc. has agreed to pay a class of investors $38 million to settle claims that its top brass misled shareholders in 2012 about the discount retailer’s performance and conducted insider trading, according to a settlement filed in Ohio federal court.

  • May 21, 2018

    High Court Won't Look At 3rd Circ. Ruling On Eyedrop Size

    The U.S. Supreme Court on Monday refused to review a Third Circuit ruling that revived a proposed class action accusing Allergan Inc., Pfizer Inc. and other drugmakers of ripping off consumers by selling eyedrops in wasteful dispensers.

  • May 21, 2018

    Icahn Cries Foul On AmTrust's $2.7B Go-Private Deal

    Activist shareholder Carl Icahn hit AmTrust Financial Services Inc. with a suit in Delaware Chancery Court on Monday claiming its proposed $2.7 billion go-private deal undervalues the insurance giant while financially benefiting the family at its helm, saying the record backing the merger price has been manipulated.

  • May 21, 2018

    Justices Turn Away Solvay FCA Off-Label Marketing Case

    The U.S. Supreme Court on Monday rejected a bid to revisit a decision tossing a whistleblower's False Claims Act case that had accused Solvay Pharmaceuticals of inducing false Medicaid claims through alleged off-label marketing and kickback schemes for three of its drugs.

  • May 21, 2018

    15 Minutes With PepsiCo’s General Counsel

    Dave Yawman didn’t give much thought to becoming the general counsel at PepsiCo, where he has worked for nearly 20 years, until the day after he was asked to fill the position in November. Here, he discusses the changes at the global food and beverage corporation during his tenure and the way discontent can lead to success.

  • May 21, 2018

    High Court Blesses Employers' Use Of Class Waivers

    The U.S. Supreme Court ruled Monday that employment agreements forcing workers to sign away their rights to pursue class action claims are legal, rejecting the National Labor Relations Board’s position that class waivers violate federal labor law.

  • May 21, 2018

    Protect Your ‘Heart,’ Insurers Warned As GDPR Nears

    Europe’s top insurance lobby on Monday urged firms to run final checks to ensure they have prepared their customers and themselves for formidable information protection rules that take effect Friday, warning that the new regime targets “the heart” of the industry: data.

  • May 18, 2018

    Spokeo 2 Years Later: As Split Grows, High Court Redo Looms

    In the two years since the U.S. Supreme Court declared that concrete injuries are necessary to establish Article III standing, federal courts around the country have moved to apply the holding to scores of privacy and data breach cases. Here, attorneys look back at how courts have been interpreting the landmark decision and offer predictions at how the deepening divide is likely to play out moving forward.

  • May 18, 2018

    FTC Admin. Judge Says Endo-Impax Opana Deal Is Lawful

    A patent deal in which Endo Pharmaceuticals Inc. paid generic-drug maker Impax Laboratories Inc. to forgo launching a generic version of an opioid pain medication did not violate consumer protection statutes, a Federal Trade Commission administrative law judge ruled Friday, because the settlement’s pro-competitive benefits outweighed its anti-competitive harms.

  • May 18, 2018

    EEOC Loses Trial Over Rent-A-Center Firing Of Trans Worker

    An Illinois federal jury found Friday that Rent-A-Center East Inc. didn’t illegally fire a transgender employee after she told the company she was transitioning, dealing a loss to the U.S. Equal Employment Opportunity Commission and its argument that the termination flouted federal anti-discrimination law.

  • May 18, 2018

    Brand Battles: Anheuser-Busch, Marvel, Microsoft

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Anheuser-Busch cites a Super Bowl ad about its famous German founder, Marvel has trouble registering its upcoming "Cloak & Dagger" television series, and Microsoft gets into a dispute with real estate giant Tishman Speyer over dueling services called "Zo."

  • May 18, 2018

    Summer Dress Codes: 5 Tips For Employers

    With summer just on the horizon, many employers will make it easier for workers to beat the heat by relaxing dress codes to allow for more casual attire. And while companies have ample legal leeway to loosen the reins on office garb, attorneys say there are still plenty of ways they can trip up. Here, Law360 looks at five things employers should keep in mind when implementing summer dress codes.

  • May 18, 2018

    Patent Landscape Readjusts One Year After TC Heartland

    When the U.S. Supreme Court put limits on where patent lawsuits can be filed, it was widely viewed as a blockbuster decision. One year later, the impact of the ruling has met expectations, pushing cases out of the Eastern District of Texas while causing a filing spike in Delaware and other courts.

  • May 18, 2018

    Del. Justices OK Toss Of $13M Viacom-Redstone Pay Suit

    The Delaware Supreme Court upheld the dismissal Friday of a shareholder derivative suit that accused the directors of Viacom Inc. of engaging in self-dealing by awarding unearned compensation to ailing board member Sumner Redstone despite his lack of involvement with the company.

  • May 18, 2018

    Adidas v. Skechers Trademark Ruling Leaves Plenty Unclear

    Trademark attorneys had hoped that a Ninth Circuit ruling in Adidas’ lawsuit against Skechers might clear up recent uncertainty about how to win a preliminary injunction, but experts say the decision has left plenty up in the air.

Expert Analysis

  • Supporting Nontraditional Data Types In E-Discovery

    Jason Paroff

    The advancement in connected technologies and software has created an explosion of nontraditional data sources that present challenges to e-discovery practitioners. Many tools and techniques used to process traditional data may not be practical for these new data types, say Jason Paroff and Sagi Sam of Epiq.

  • Planning For New IRC Section 1061: Part 1

    Scott Dolson

    Recently enacted Internal Revenue Code Section 1061 makes several important modifications to the beneficial tax treatment of carried interest. Professionals in the hedge fund, private equity or real estate industries need to keep this new provision in mind when structuring their compensation arrangements, say attorneys at Frost Brown Todd LLC.

  • Cos. Must Meet Evolving Sanctions Compliance Challenges

    Michael Mann

    The U.S. Department of Treasury's Office of Foreign Assets Control has announced its intention to police a broad array of potential interactions with sanctioned parties that cannot reliably be captured through traditional due diligence. Effective sanctions compliance means proactively identifying risks that may involve entities and persons not directly party to a transaction, say Michael Mann and Jamie Schafer of Richards Kibbe & Orbe LLP. 

  • The Myth Of Corporate Tax Residence

    David Elkins

    Numerous commentators have argued that the problem behind the maladies of the current international corporate tax regime is a flawed definition of corporate residence. However, such an assumption is unwarranted as tax residence is an attribute of individuals only, inapplicable to the corporate entity, says David Elkins of Netanya College.

  • Another Post-Dudenhoeffer 'Stock Drop' Casualty

    Danielle Herring

    A Texas federal court's recent decision in Fentress v. Exxon Mobil continues a growing trend of losses for the plaintiffs bar in Employee Retirement Income Security Act “stock drop” cases, which stem from the U.S. Supreme Court’s decision in Fifth Third Bancorp v. Dudenhoeffer, say Danielle Herring and Andrew Epstein of Littler Mendelson PC.

  • Tax Overhaul Necessitates New Look At Choice Of Entity

    Sean Crowley

    An organization’s effective tax rate is one of the most important factors to consider in determining choice of entity. Managers should review in the wake of the tax overhaul, keeping in mind additional business and operational issues, say attorneys at Thompson Coburn LLP.

  • Tips For Using Protective Orders During Discovery

    Michael Errara

    A party from whom discovery is sought may move for a protective order to prevent the dissemination of confidential corporate information, but careful steps should be taken in order to ensure that the order can be entered, provides appropriate safeguards and cannot be abused, says Michael Errara of Foran Glennon Palandech Ponzi & Rudloff PC.

  • The Fastest Federal Civil Court For A Decade

    Bob Tata

    Out of 94 district courts nationwide, the Eastern District of Virginia has the fastest civil trial docket in the country, now for at least the 10th straight year. The modern EDVA bench clearly takes pride in efficiently dispensing justice, and this dedication to efficiency has continued even in the face of increased filings, says Bob Tata of Hunton Andrews Kurth LLP.

  • Reining In Abusive Alien Tort Statute Cases

    Perlette Jura

    The most obvious takeaway from the U.S. Supreme Court's decision in Jesner v. Arab Bank is that non-U.S. corporations no longer need to fear Alien Tort Statute liability. But tucked within the decision’s holding and its various concurring opinions are other key points, say attorneys with Gibson Dunn & Crutcher LLP.

  • Corporate America, Expect A Spike In SEC Reporting

    Christopher Regan

    In addition to the U.S. Supreme Court's Digital Realty decision earlier this year, three other factors have emerged that threaten to set the clock back on internal employee reporting and encourage whistleblowing to the U.S. Securities and Exchange Commission, say attorneys with Buckley Sandler LLP.