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Corporate

  • June 20, 2018

    NY, Mass. AGs To Sue Over Association Health Plans Rule

    The attorneys general for New York and Massachusetts on Wednesday said they will sue the Trump administration over the U.S. Department of Labor's final rule on association health plans that they say will shrink "critical consumer health protections."

  • June 19, 2018

    NLRB Wants To Tackle Union Group's Class Waiver Questions

    The National Labor Relations Board urged the Seventh Circuit on Tuesday to remand a Hobby Lobby appeal over whether its arbitration agreements pass legal muster, saying that while the blockbuster Epic Systems ruling wiped out the board's initial rationale, numerous unanswered questions remain. 

  • June 19, 2018

    Bloomberg, Workers Move For $54.5M Settlement In OT Suit

    Bloomberg LP and a class of help desk representatives moved for a $54.5 million settlement in New York federal court Tuesday in a suit alleging the company wrongfully excluded them from overtime pay, according to the joint motion for settlement.

  • June 19, 2018

    Del. Class Slams UnitedHealth's Appeal On Books Access

    Class attorneys accused UnitedHealth Group on Tuesday of “manufacturing” an appellate legal dispute and raising issues before the Delaware Supreme Court that were never argued in its failed Chancery Court challenge to a books and records demand targeting Medicare overbilling allegations.

  • June 19, 2018

    Apple Pushes Monopoly Concerns In Qualcomm ITC Fight

    Apple attorneys questioned an expert witness for Qualcomm on the potential competition effects of the chipmaker’s bid to ban Intel-equipped iPhones from the U.S. during a hearing Tuesday at the International Trade Commission, pressing a claim that a ban on imports of the phone could hand Qualcomm monopoly power and push Intel out of 5G development.

  • June 19, 2018

    High Court's Vitamin C Ruling Leaves Work For Lower Courts

    The U.S. Supreme Court ruled in an antitrust case over Chinese vitamin C exports that U.S. courts are not bound by another country's description of its own laws, but the justices only provided a few hints about how much weight to give competing evidence about what a foreign law requires, leaving trial courts to parse the deference due in future cases.

  • June 19, 2018

    Amazon Accused Of Stiffing Delivery Workers On Overtime

    Amazon was hit Monday with a proposed nationwide collective action in Florida alleging the company violated federal labor laws by shorting employees on overtime pay when they delivered packages for the giant e-commerce site.

  • June 19, 2018

    Keurig Inks $36.5M Settlement Over 2011 Stock Drop

    Keurig Green Mountain Inc. has agreed to pay $36.5 million to settle a securities fraud suit that accused the company and two executives of misleading shareholders about sales and revenue expectations in 2011, according to papers filed Tuesday in Vermont federal court.

  • June 19, 2018

    9th Circ. Backs Arbitration In Ex-CVS Worker's Bias Suit

    The Ninth Circuit ruled that a former CVS Pharmacy Inc. pharmacist must arbitrate his claims that the company didn't give him an appropriate seating accommodation and illegally fired him because he was close to qualifying for certain retirement benefits.

  • June 19, 2018

    Ex-NBA Union Atty Joins DC AG As Senior Litigation Counsel

    A former general counsel of the National Basketball Players Association who helped ink a $70 billion collective bargaining agreement for the union has joined the Office of the Attorney General for the District of Columbia as senior counsel for litigation.

  • June 19, 2018

    A Chat With Holland & Knight CFO Mia Stutzman

    In this monthly series, legal recruiters at Major Lindsey & Africa interview management from top law firms about navigating an increasingly competitive business environment. Here we feature Mia Stutzman, chief financial officer at Holland & Knight LLP.

  • June 19, 2018

    EU Antitrust Chief Sees Global Progress Curbing State Aid

    The European Union’s top competition enforcer touted progress Tuesday in getting countries outside the EU to avoid picking economic winners and losers through “harmful subsidies,” part of her efforts to take the bloc's state aid rules global.

  • June 19, 2018

    DOL Blesses ACA-Skirting Association Health Plans

    The U.S. Department of Labor published its long-anticipated final rule on association health plans on Tuesday, relaxing the requirements for small businesses to band together to create health care plans that skirt certain Affordable Care Act requirements, in a move that drew sharp criticism from Democrats and cheers from Republicans.

  • June 18, 2018

    GCs Tackle Law Firm Culture In Diversity Push

    Following an American Bar Association pledge, in-house attorneys are taking a harder line in demanding diversity from their outside counsel, and they're seeking to play a larger role in the workings of the law firms they hire.

  • June 18, 2018

    The Hurdles Facing BigLaw’s Minority Women

    We asked BigLaw for data on female minority lawyers for the first time this year, and the results show an industry that is failing to attract and retain them. Here’s a look at the challenges facing these attorneys — and how a few firms are defying the norm.

  • June 18, 2018

    The Best Firms For Minority Equity Partners

    The legal industry is making sluggish gains when it comes to attracting and retaining attorneys of color, but this select group of firms is taking broader strides to diversify at the top.

  • June 18, 2018

    Kohl's Customer Can't Get Refund In Discount Suit: 9th Circ.

    The Ninth Circuit ruled Monday that Kohl’s doesn’t have to pay a customer restitution for placing allegedly false markdowns on its price tags, in an unpublished decision that had the appeals court weighing in on an issue that has divided California federal courts.

  • June 18, 2018

    National Amusements Urges Stay In CBS Shareholder Suit

    National Amusements Inc. and its controller Shari Redstone pushed their case Monday for a stay of litigation in a lawsuit brought by shareholders of CBS Corp. in the Delaware Chancery Court in favor of a parallel proceeding that will resolve issues over a special stock dividend approved by the CBS board aimed at diluting her control.

  • June 18, 2018

    Insurance Cases To Watch In The Second Half Of 2018

    Insurance attorneys are feverishly awaiting guidance from three federal appeals courts on whether email-based phishing theft schemes trigger coverage under computer fraud insurance policies, as well as decisions from other courts on homeowner's coverage for defective foundations and limitations on defense costs under energy industry policies.

  • June 18, 2018

    Training Crucial To Offsetting Job Losses From Automation

    As the coming artificial intelligence revolution threatens to displace millions of human employees, experts on both sides of the management-worker divide say that lawmakers, businesses and labor groups need to figure out how to train U.S. workers to take advantage of the jobs this new technology will create.

Expert Analysis

  • Tax Reform Adds Value To IRS Accounting Method Changes

    Ellen McElroy

    The IRS’ annual automatic accounting method changes for 2017 and the 2017/2018 corporate tax rate differential created by last year's tax overhaul together provide companies with a unique opportunity to benefit permanently from changes that would otherwise be temporary, say Ellen McElroy and Michael Resnick of Eversheds Sutherland LLP.

  • Careless Employee: A Company's Biggest Trade-Secret Threat

    Audra Dial

    Companies clearly believe that training programs are the most meaningful way to reduce employee carelessness when it comes to protecting corporate assets. However, as new survey results demonstrate, these training programs are not enough to combat the careless insider, says Audra Dial of Kilpatrick Townsend & Stockton LLP.

  • How Will Weinstein Co. Bankruptcy Impact Accusers?

     Matthew LaGarde

    Due to the idiosyncrasies of American bankruptcy law, The Weinstein Company's recent bankruptcy filing could cause many of Harvey Weinstein’s accusers to receive pennies on the dollar relative to what they are owed under state and federal laws prohibiting workplace sexual harassment, say Matthew LaGarde and Jessica Westerman of Katz Marshall & Banks LLP.

  • Opinion

    Oregon Should Reinstate Its Tax Haven Law

    Michael M.jpg

    Repeal of the Oregon tax haven provision was an unwarranted giveaway to profitable multinational corporations that are exploiting foreign tax havens to shift profits earned in Oregon beyond the tax reach of the state. The law should be reinstated, says Michael Mazerov of the Council on Budget and Policy Priorities.

  • Knowledge Lawyers Can Help Firms Stay Ahead Of The Curve

    Vanessa Pinto Villa

    In a profession notoriously averse to change, it should come as no surprise that there is skepticism about the value of having attorneys perform nonbillable tasks. But U.S. law firms have slowly begun to incorporate knowledge lawyers into their operations — and the trend is likely to continue, says Vanessa Pinto Villa of Hogan Lovells.

  • Congressional Forecast: June

    Layth Elhassani

    In advance of their weeklong July 4 recess, members of Congress are pursuing a busy legislative schedule, focused on the fiscal year 2019 National Defense Authorization Act and other appropriations bills, reform of export controls, immigration and border security, and the farm bill authorization, says Layth Elhassani of Covington & Burling LLP.

  • Series

    FLSA Turns 80: The Divide Over Joint Employment Status

    Jason Schwartz

    The basic and threshold issue of who constitutes an “employer” under the Fair Labor Standards Act often has proven surprisingly difficult to resolve, especially in cases involving allegations of “joint employer” status. Over the past few decades a clear divide has developed and widened across the circuits on the proper test for determining this status, say Jason Schwartz and Ryan Stewart of Gibson Dunn & Crutcher LLP.

  • An Unprecedented Look Inside The FARA Unit

    Brian Fleming

    For close observers of the Foreign Agents Registration Act, the June 8 release by the U.S. Department of Justice of over 50 FARA advisory opinions was a watershed. These opinions offer an unprecedented glimpse into how the FARA Registration Unit interprets the law, say Brian Fleming and Andrew Herman of Miller & Chevalier Chtd.

  • Amended Fiduciary Rule: Done, Done, On To The Next One

    Andrew Oringer

    The deadline for appealing the Fifth Circuit's decision on the amended fiduciary rule to the U.S. Supreme Court expired on June 13, and — pending the Fifth Circuit's mandate ordering the U.S. Department of Labor to officially strike it down — the rule is no more. So, what now? Will the clock be turned back to an earlier time? Maybe not completely, say Andrew Oringer and Aryeh Zuber of Dechert LLP.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 2

    John Reed Stark

    The legal industry has already begun to feel the impact of anti-bribery and anti-money laundering requirements. When involved with cryptocurrency trading and remittance, law firms face more than the risk of being perceived as organizations that support money laundering practices, says John Reed Stark of John Reed Stark Consulting LLC.