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  • September 27, 2018

    Monsanto Exec Named Bayer's US General Counsel

    A Monsanto Co. vice president has been named Bayer AG's new general counsel for the U.S. shortly after the two agribusiness giants completed their $63 billion merger, Bayer confirmed to Law360 on Thursday, as it faces mounting lawsuits against some of its top products.

  • September 27, 2018

    Supreme Court To Tackle Oracle, Rimini Copyright Costs Fight

    The U.S. Supreme Court on Thursday agreed to hear a long-running case pitting Oracle against a third-party technical support company called Rimini Street Inc., allowing the court to resolve a circuit split over how costs are awarded in copyright cases.

  • September 26, 2018

    Virtual Money Is Commodity Fit For CFTC Regs, Judge Says

    Cryptocurrencies categorically meet the definition of a "commodity" and fall within the jurisdiction of the U.S. Commodity Futures Trading Commission, a Massachusetts federal judge ruled Wednesday, allowing the agency to pursue fraud allegations against the founder and lead salesman of My Big Coin Inc.

  • September 26, 2018

    3 Takeaways From Uber's Win In Driver Classification Suits

    The Ninth Circuit’s recent ruling that Uber Technologies Inc. drivers cannot collectively sue over expenses and tips and must fight it out in individual arbitration underscores the power of class waivers in arbitration agreements shielding employers from legal attacks. Here are three takeaways from the appellate court's ruling in the closely watched O'Connor v. Uber case.

  • September 26, 2018

    3 Takeaways In Ruling On PTAB Standing And Burden-Shifting

    The Federal Circuit's recent decision reversing a Patent Trial and Appeal Board ruling that DuPont failed to prove a rival's chemical patent was invalid sheds light on standing requirements for PTAB appeals and when the burden shifts to patentees. Here's what attorneys can learn from the ruling.

  • September 26, 2018

    5 Unusual Patent Hearings You Should Know About

    District courts overseeing patent cases have found some creative ways to make the proceedings more efficient, whether it's by holding a patent “shootout” or by having more than one judge on the bench. Here’s a look at a few unusual hearings.

  • September 26, 2018

    Tech Giants Want Uniform Privacy Law, But No GDPR

    Technology giants said at a U.S. Senate hearing Wednesday that they would embrace new federal privacy legislation in the wake of headline-grabbing data misuse scandals, but urged Congress to use a lighter touch than regulators have in Europe where a strict privacy regime went into effect in May.

  • September 26, 2018

    Caterpillar Beats Investor Suit Triggered By Tax Raid

    An Illinois federal judge on Wednesday dismissed a proposed securities fraud class action against the Caterpillar construction equipment maker, finding no indication that executives were trying to pull a fast one by diverting a portion of its profits to a Swiss subsidiary in an attempt to save money.

  • September 26, 2018

    Intercontinental Exchange Stays In-House With New GC Hire

    New York Stock Exchange owner Intercontinental Exchange Inc. said Wednesday it has tapped a former McKenna Long & Aldridge LLP attorney to become its top lawyer, a promotion from his current role as a senior vice president and associate general counsel at the exchange operator.

  • September 26, 2018

    US, Japan Will Hold Talks For New Trade Accord

    President Donald Trump and Japanese Prime Minister Shinzo Abe on Wednesday agreed to launch negotiations for an expansive free trade agreement as the White House looks to gather allies in the Asia-Pacific region.

  • September 26, 2018

    Uber, States Strike $148M Deal To End Data Breach Dispute

    Uber Technologies Inc. on Wednesday agreed to pay $148 million in a joint settlement reached with the top law enforcement officers of all 50 U.S. states over a massive 2016 data breach the company admitted it paid the hackers to cover up.

  • September 25, 2018

    Atty Lies Shouldn't Doom $200M IP Win, Merck Tells Justices

    Merck has asked the U.S. Supreme Court to review the Federal Circuit’s upholding of a decision that wiped out a $200 million patent verdict it won against Gilead over hepatitis C drugs after an in-house attorney purportedly exhibited "dishonest and duplicitous" behavior.

  • September 25, 2018

    USPTO Patent-Eligibility Revamp May Face Court Skepticism

    A U.S. Patent and Trademark Office plan to overhaul patent-eligibility rules for examiners was greeted with cautious optimism by attorneys, who said the changes could clarify a murky area of the law, but risk putting the office on a collision course with courts that may have different views on eligibility.

  • September 25, 2018

    US, EU, Japan Focus On China As Security Tariffs Linger

    Top trade officials for the U.S., European Union and Japan vowed Tuesday to continue working together against controversial Chinese economic policies, but gave no indication that they had resolved the struggle arising out of the Trump administration’s national security duties on steel and aluminum.

  • September 25, 2018

    Chipotle Asks Texas Panel To Ax $3M Sexual Assault Verdict

    As Chipotle and a former assistant store manager sought to overturn a $3 million jury verdict stemming from the sexual assault of a 16-year-old worker, a Texas appellate judge Tuesday asked whether the manager's defense equates to saying the minor "liked" or "wanted" the assault.

  • September 25, 2018

    Calif. Justices' Input Revives Starbucks Wage Row: 9th Circ.

    The Ninth Circuit on Tuesday revived an ex-Starbucks worker’s putative class action against the coffee giant in light of a recent California Supreme Court ruling in the case holding that state law “doesn’t allow employers to require employees to routinely work for minutes off the clock without compensation.”

  • September 25, 2018

    A Cheat Sheet To Boeing's 'Micro-Unit' Fight At NLRB

    An ongoing National Labor Relations Board battle over whether 178 mechanics at a Boeing plant in South Carolina can unionize hasn't grabbed headlines like some of the board's other undertakings have, but it has drawn outsize attention from corporate America. Here, Law360 brings you up to speed on the case.

  • September 25, 2018

    Ex-Bankrate CFO Gets 10 Years In Prison For $25M Fraud

    A Florida federal judge on Tuesday sentenced the former chief financial officer of Bankrate Inc., a publicly traded financial services and marketing company, to 10 years in prison for a fraud scheme and ordered him to pay $21.2 million in restitution.

  • September 25, 2018

    Ex-Google Worker's Retaliation Suit Sent To Arbitration

    A former Google engineer will have to arbitrate claims he was wrongfully fired after railing against a now-public memo by fellow ex-employee James Damore, after a San Francisco judge found Tuesday that his suit didn’t seek public relief and was therefore bound by the technology giant’s employment contract.

  • September 25, 2018

    Nike Escapes Employee Suit Over Genitalia Pic Distribution

    A Tennessee federal judge Monday dismissed what he called a confusingly stated claim by a Nike employee that a co-worker distributed photos of his genitals around the workplace, saying the man filed an identical complaint that was dismissed in 2016.

Expert Analysis

  • Examining Class Cert. At 9th Circ. After Sali Ruling

    Dyana Mardon

    In Sali v. Corona Regional Medical Center the Ninth Circuit recently ruled that evidence offered in support of class certification need not be admissible at trial. Attorneys with Foley & Lardner LLP discuss the Sali court’s analysis and holding, how the decision directly conflicts with most other circuits, and its likely impact on class action defendants.

  • Travel Act Gets Mileage In Health Care Cases

    Bradley Smyer

    In U.S. v. Beauchamp, a Texas surgeon recently agreed to plead guilty to federal conspiracy and violation of the Travel Act for his role in an alleged scheme involving millions of dollars in bribes and kickbacks for patient referrals. The case confirms that the Travel Act has officially come to health care enforcement, say Bradley Smyer and Mia Falzarano of Alston & Bird LLP.

  • An Important New Resource On Human Rights Compliance

    Viren Mascarenhas

    As compliance with human rights standards becomes more of a centralized priority for companies, new guidance from the Organization for Economic Cooperation and Development will be instrumental in helping companies conduct business responsibly, say Viren Mascarenhas and Kayla Winarsky Green of King & Spalding LLP.

  • Employee Arbitration Agreement Enforcement: What's Ahead?

    John Lewis

    With the U.S. Supreme Court's recent Epic Systems decision and the Sixth Circuit's recent ruling in Gaffers v. Kelly Services, employers have won major battles over the enforcement of arbitration agreements with class waivers. However, skirmishes in this area continue on different issues and in different venues, say John Lewis and Gregory Mersol of BakerHostetler.

  • Why Courts Should Apply Escobar In Criminal Cases

    Antonio Pozos

    In the two years since the U.S. Supreme Court's Escobar decision set off waves of litigation over materiality in civil False Claims Act cases, it has largely failed to gain traction in criminal fraud prosecutions. However, the ruling has broad implications in criminal law, say Antonio Pozos and Mark Taticchi of Drinker Biddle & Reath LLP.

  • An Unclear Path For Defending Calif. Wage-And-Hour Claims

    Brandon Takahashi

    The California Supreme Court's recent decision in Troester — holding that Starbucks must pay employees for time spent on off-the-clock tasks — is already affecting state wage and hour class actions. One example is a California federal court's recent decision to partially grant class certification in Ser Lao v. H&M, say Brandon Takahashi and Brian Noh of Hinshaw & Culbertson LLP.

  • 4 Key Components To New Firm Partnership Agreements

    Russell Shinsky

    A well-drafted partnership agreement protects a law firm's founders, establishes a process for new and outgoing partners, and sets forth guidelines for navigating conflict along the way. Startup firms can begin with something less complex, but there are important elements that every agreement should include, says Russell Shinsky of Anchin Block & Anchin LLP.

  • Opinion

    Open The Federal Courthouses

    David Oscar Markus

    Forget about cameras, reporters in the Manafort trial were not even permitted in the courtroom with their phones, tablets or computers. That meant no live reporting on Twitter and no emails to the newsrooms with updates. In a world focused on information and news as it happens, this is unacceptable, says trial attorney David Oscar Markus.

  • Assessing 'Concreteness' Under Spokeo In Northern Illinois

    Alex Egbert

    The U.S. Supreme Court's Spokeo decision left lower courts to flesh out history's and Congress' “important roles” when developing a workable legal standard for deciding whether an intangible injury is sufficiently “concrete.” Not surprisingly, the Northern District of Illinois “concreteness” determinations relying on Congress’ role tend to be ad hoc, say Alex Egbert and Tony Hopp of Steptoe & Johnson LLP.

  • Could Diversity Pledge Lead To Unintended Consequences?

    Anthony Oncidi

    The CEO Action for Diversity & Inclusion Pledge is an initiative designed to promote diversity in the workplace. However, because its three main elements are extremely broad, the lack of specificity about what a company is committing to could be problematic in a litigation context, say Anthony Oncidi and Seth Victor of Proskauer Rose LLP.