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Corporate

  • July 25, 2018

    NH Lawmakers Spar, Nix Bill To Combat Wayfair Ruling

    New Hampshire’s state legislators scrapped a bill Wednesday designed to protect in-state remote sellers from being subjected to sales and use tax after the U.S. Supreme Court's landmark Wayfair ruling, as lawmakers took umbrage with the bill’s provisions and what they said was a dearth of authors.

  • July 25, 2018

    Novo Nordisk Says Execs Didn't Hide Insulin Sales Woes

    Danish insulin maker Novo Nordisk A/S on Wednesday urged a New Jersey federal judge to dismiss a proposed class action accusing it of misleading investors about its financial sustainability amid U.S. market pressures, arguing that the suing investors haven't pointed to any specific misrepresentations knowingly made by company executives.

  • July 25, 2018

    Nestle Loses Battle In KitKat Trademark War

    Europe's highest appeals court on Wednesday rejected an appeal from Nestle SA over the shape of the KitKat bar, sending a long-running trademark fight with Mondelez International Inc. back to the European Union's intellectual property agency.

  • July 25, 2018

    Worker's 'Arguably Vulgar' Writing Protected, NLRB Says

    An aluminum worker was protected by the National Labor Relations Act when he wrote an “arguably vulgar” phrase on a work sign-up sheet to protest a new overtime policy his union opposed, a National Labor Relations Board majority said Tuesday in an order reversing a judge’s ruling.

  • July 25, 2018

    Chevron Raises Bribe Claims Before Ex-Worker's Sentencing

    Chevron Corp. urged a Houston federal judge on Tuesday to consider kickback allegations that prosecutors have agreed to drop against a former Chevron employee when sentencing him on a related tax charge to which he has agreed to plead guilty.

  • July 25, 2018

    DOL Accuses Tech Co., Exec Of Pocketing 401(k) Plan Assets

    The U.S. Department of Labor has accused a web design tech company and its top executive in New York federal court of not making required employer contributions or depositing payroll deductions into employees' 401(k) accounts and using the money for themselves instead.

  • July 25, 2018

    From Billable Hours To Bedtime Stories: Lawyering With Children

    Attorneys are clocking more billable hours than ever before, and when children enter the picture, the demands on their time and finances can drive stress levels to new heights.

  • July 25, 2018

    Facebook GC Will Step Down At The End Of 2018

    Facebook General Counsel Colin Stretch has announced his plans to leave the social media giant at the end of the year, as the company continues to be embroiled in a slew of scandals including investigations into its data privacy practices and efforts to combat misinformation.

  • July 24, 2018

    Target's $9M PAGA Deal Ending Seating Suits OK'd

    A California judge said Tuesday he’ll approve Target Corp.’s $9 million settlement resolving several suits alleging that the retailer violated the state's Private Attorneys General Act by failing to provide seating for more than 90,000 cashiers, calling it a model deal while expressing discomfort with its 40 percent attorneys' fee award.

  • July 24, 2018

    9th Circ.’s Shift From Arm’s-Length Rule May Embolden IRS

    The Ninth Circuit’s revival of an IRS cost-sharing regulation previously invalidated by the U.S. Tax Court throws into disarray multinational companies’ expectations that they can rely on the arm’s-length standard to craft agreements for sharing research and development costs.

  • July 24, 2018

    Facebook To End Discriminatory Ad Option: Wash. AG

    Facebook signed a legally binding agreement with Washington state requiring the social media giant to stop allowing third-party advertisers to exclude ethnic and religious minorities, immigrants, LGBTQ individuals and other protected groups from seeing their ads, the Evergreen State’s attorney general announced Tuesday.

  • July 24, 2018

    6th Circ. ADA, FMLA Case A Cautionary Tale For Employers

    A recent Sixth Circuit ruling reviving allegations that Ohio's College of Wooster violated federal laws by firing a worker who asked to extend her part-time schedule while she dealt with postpartum depression underscores the perils employers face when they don't carefully consider disabled workers' requests for help doing their jobs, attorneys say.

  • July 24, 2018

    Sinclair Begged To Explain Divestitures To FCC, Docs Show

    Sinclair Broadcast Group Inc. pleaded with FCC Chairman Ajit Pai to postpone sending its proposed acquisition of Tribune Media Co. to an administrative law judge, saying the agency blindsided it with the suggestion that Sinclair had not been candid about three planned divestitures, emails released Monday show.

  • July 24, 2018

    Ticketmaster Website Not ADA-Compliant, Judge Finds

    Live Nation Worldwide Inc. and Ticketmaster LLC violated the Americans with Disabilities Act by making it nearly impossible to purchase tickets for wheelchair-accessible seats at Seattle’s CenturyLink Field, a Washington federal court said.

  • July 24, 2018

    Silicon Valley Exec Settles Insider Trading Case With SEC

    A former vice president at a Silicon Valley fiber optics firm has reconciled charges that he made money through insider trading by agreeing in an order filed Tuesday to make restitution of nearly $200,000 in illicit profits within 10 days, the Securities and Exchange Commission announced.

  • July 24, 2018

    A Look At Kavanaugh's Approach To Antitrust Law

    D.C. Circuit Judge Brett Kavanaugh, who was nominated for a seat on the U.S. Supreme Court by President Donald Trump earlier this month, has a limited but illuminating record on antitrust issues that provides a window into his conservative approach to the area. Here, Law360 takes a look at two of the more elucidating opinions.

  • July 24, 2018

    Midyear Report: Top Privacy Developments Of 2018, Part 2

    A hastily enacted California privacy law and back-to-back Capitol Hill hearings sparked by Facebook's data-sharing debacle were among the major privacy and cybersecurity developments so far in 2018, attorneys tell Law360 in the second part of our midyear recap.

  • July 24, 2018

    Hotel Panic Button Bill Is Unworkable, Calif. Biz Groups Say

    A coalition of businesses led by the California Chamber of Commerce said Monday that a proposed "panic button" bill, which would make hospitality companies protect employees who work alone in hotel rooms, among other requirements, is unworkable and needs to be changed before it becomes law.

  • July 24, 2018

    Biz Advocates Tell House GOP Bill Fixes Leave 'Patchwork'

    Advocates for a Republican-backed bill that would set voluntary minimum standards for paid sick leave and flexible work told lawmakers Tuesday the proposal would simplify a “patchwork” of standards imposed on multistate businesses by dozens of such state and local laws.

  • July 24, 2018

    SEC Pick Wants To Dispel Notion Wall Street Is Rigged

    The nominee to fill a Republican seat on the U.S. Securities and Exchange Commission told members of a Senate committee on Tuesday that if approved as an SEC commissioner he hopes to assist the Wall Street regulator in dispelling “the notion that the market is rigged against the little guy.”

Expert Analysis

  • The Inadvertent 'Foreign Person' Trap For American Cos.

    Tom Shoesmith

    An American company that has taken enough investment from non-U.S. sources may have become a “foreign person” itself for purposes of the Committee on Foreign Investment in the United States, say attorneys with Pillsbury Winthrop Shaw Pittman LLP.

  • Series

    From Lawmaker To Lawyer: How Congress Affected My Career

    Yvonne B. Burke

    Being a former member of Congress put me in an advantageous position when I approached law firms in the late '70s, at a time when there were few female lawyers, and even fewer African-American lawyers, in major law firms, says former Rep. Yvonne B. Burke, D-Calif., a director of Amtrak.

  • Series

    From Lawmaker To Lawyer: DC Isn't As Bad As You Think

    Norm Coleman

    Popular culture paints the Hill as a place teeming with intrigue, corruption and malicious intent. But in Congress I learned important lessons about respecting people and the work they do, says former Sen. Norm Coleman, R-Minn., of Hogan Lovells.

  • An Update On DTSA And Trade Secret Damages

    Daniel McGavock

    Since the Defend Trade Secrets Act became law two years ago, there have been more than 800 related cases filed in federal district courts. Consultants at Charles River Associates provide a brief update on DTSA lawsuits and discuss two recent appellate decisions relating to damages that trade secrets litigators need to be aware of.

  • Series

    From Lawmaker To Lawyer: 6 Things I Learned In Congress

    Charles Gonzalez

    I found that senior members of Congress didn’t have time to mentor younger members. Lawyers — though just as busy as members of Congress — cannot afford to follow this model, says former Rep. Charles Gonzalez, D-Texas, of Ogletree Deakins Nash Smoak & Stewart PC.

  • A Survey Of LLC Director Obligations In Delaware: Part 2

    Gail Weinstein

    While Delaware law relating to corporate fiduciary duties and exculpation for personal liability has been transformed over the past several years, resulting in less potential for director liability, the limited liability company format offers even more flexibility for directors when the governing agreement is properly drafted and followed, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.

  • Will The Robots Who Replace Us Also Pay Income Tax?

    Gerlind Wisskirchen.jpg

    Modern information technology, intelligent algorithms and production robots are strongly influencing the working world in the 21st century. This article, by attorneys at CMS Francis Lefebvre, provides an overview of the future labor market as well as the impact of artificial intelligence on labor law and tax issues.

  • 4 Takeaways From Female Law Profs' Equal Pay Settlement

    Jacqueline Beaumont

    A Colorado federal judge recently approved a deal in which the University of Denver agreed to institute salary increases and pay $2.66 million to settle an equal pay lawsuit filed by the U.S. Equal Employment Opportunity Commission on behalf of seven female professors. Jacqueline Beaumont of Call & Jensen discusses the most noteworthy aspects of the agreement.

  • Tax Relief Under Tax Cuts And Jobs Act? Not For Debtors

    Scott Grossman

    The Tax Cuts and Jobs Act has been lauded as being generally beneficial to corporate taxpayers — but not so for corporate debtors, whose ability to reorganize and emerge under a Chapter 11 plan has been significantly and negatively impacted by the change, say Scott Grossman and Kenneth Zuckerbrot of Greenberg Traurig LLP.

  • A Survey Of LLC Director Obligations In Delaware: Part 1

    Gail Weinstein

    Recent cases suggest that Delaware courts extend a high degree of deference to limited liability company and partnership agreement provisions. But importantly, the facts and circumstances can also very much affect a court’s decision, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.