Corporate

  • December 7, 2017

    The Biggest Patent Cases Of 2017

    The U.S. Supreme Court and the Federal Circuit had a busy year of reshaping patent law in 2017, issuing decisions that made major alterations to venue rules, patent exhaustion and amendments in inter partes reviews. Here’s a look back at the year’s most consequential rulings.

  • December 6, 2017

    Revived Travel Ban Puts Employers, Immigrants In A Bind

    With the U.S. Supreme Court allowing President Donald Trump's third travel ban to fully take effect, attorneys say affected individuals and businesses should brace for fallout, such as being unable to reunite with loved ones, attend business meetings, or sponsor immigrants for green cards in some cases.

  • December 6, 2017

    EEOC Blew Class Claims In Sex Bias Suit, Seafood Co. Says

    A Massachusetts-based seafood processor and its staffing firm on Tuesday hit back at the Equal Employment Opportunity Commission's federal court suit asserting that Spanish-speaking female workers were sexually harassed and fired after they complained, saying the regulator didn't give them sufficient opportunity to address and reconcile those allegations. 

  • December 6, 2017

    9th Circ. Grapples With Escobar Test For FCA Liability

    The Ninth Circuit on Wednesday struggled with whether the U.S. Supreme Court’s milestone Escobar decision created an ironclad test for False Claims Act liability, with judges repeatedly expressing uncertainty about the high-stakes question.

  • December 6, 2017

    SEC Fines Hedge Fund Chief, Hubby Over Alleged Tip Sharing

    A rising star in the world of New York hedge funds has settled a U.S. Securities and Exchange Commission claim alleging that she failed to disclose that her husband, an analyst at a competing hedge fund, was improperly slipping her trading ideas, guidance and confidential information from his own employer, according to an agency filing made public Tuesday.

  • December 6, 2017

    PayPal Investor Sues Over Likely Breach That Tanked Stocks

    A PayPal shareholder hit the company with a proposed investor class action Wednesday in California federal court accusing the company of hiding the potential for a data breach at a payment processor subsidiary that was disclosed last week and sparked a “precipitous” stock drop.

  • December 6, 2017

    Chinese Cybersecurity Law Giving Companies Headaches

    Four out of five businesses feel uneasy about China’s new national cybersecurity law, which could force them to divulge data security measures to Chinese authorities, according to a poll released on Wednesday.

  • December 6, 2017

    7th Circ. Wary Of Reviving Barnes & Noble Breach Action

    At least one judge on a Seventh Circuit panel on Wednesday grappled with the prospect of reviving a proposed class action against Barnes & Noble over its 2012 security breach, wondering whether it’s enough to claim economic damages if the California and Illinois customers who lost money through the hack got it back within three days.

  • December 6, 2017

    Brands Are Turning Trademark Cease-And-Desists Into Ads

    Bud Light used an actor dressed as a medieval town crier last week to ask a Minnesota brewery to stop using the company’s trademarks, becoming the latest brand to transform a cease-and-desist into a marketing stunt.

  • December 6, 2017

    New Bill Would Carve Sex Harassment From Arbitration Pacts

    A bipartisan group of lawmakers led by Sens. Kirsten Gillibrand, D-N.Y., and Lindsey Graham, R-S.C. — accompanied by former Fox News host Gretchen Carlson — introduced legislation Wednesday to prevent businesses from enforcing mandatory arbitration agreements in instances where employees allege workplace sexual harassment or gender bias.

  • December 5, 2017

    EU Regulators Demand Action On 'Privacy Shield' Issues

    Europe’s data protection authorities on Tuesday warned that they would move to strike down the trans-Atlantic Privacy Shield data transfer pact if officials don’t act within the next year to address several “significant concerns,” including a lack of clear guidance on consumers' redress rights and insufficient U.S. surveillance guarantees.

  • December 5, 2017

    11th Circ. Won't Review 'Mutability' In Dreadlocks Bias Case

    The Eleventh Circuit on Tuesday declined to reconsider as a full court a ruling that Title VII of the Civil Rights Act does not protect wearing dreadlocks because they are not an “immutable” characteristic of blackness, despite a lengthy dissent arguing a panel misread the U.S. Supreme Court’s landmark Price Waterhouse decision.

  • December 5, 2017

    4 Mistakes To Avoid When Drafting Int'l Arbitration Clauses

    Drafting a watertight arbitration clause may not be a top priority for lawyers scrambling to put together a multimillion-dollar merger or infrastructure project, but failing to do so can cause numerous headaches down the road. Here, arbitration experts share with Law360 some common mistakes and how to avoid them.

  • December 5, 2017

    Overseas Tipster Nets $4.1M SEC Whistleblower Award

    The U.S. Securities and Exchange Commission on Tuesday said it would be paying out $4.1 million to an overseas tipster who helped the agency bust vast and long-running securities violations at their former company.

  • December 5, 2017

    2nd Circ. Revives Alibaba Securities Class Action Over IPO

    The Second Circuit on Tuesday reinstated a putative securities class action against Alibaba Group Holding Ltd. and several executives after finding that a lower court judge improperly dismissed the suit tied to the company's $25 billion initial public offering.

  • December 5, 2017

    Boss’ Actions ‘Vile’ Enough For $1.3M Award: Calif. Court

    A California state appeals court on Monday affirmed a $1.325 million verdict for a former self-storage clerk who alleged she was fired for getting pregnant, saying a jury fairly found her former boss acted with malice by obscuring that she was let go for filing a claim over reduced hours.

  • December 5, 2017

    OSHA Nominee Backs Criminal Penalties During Hearing

    President Donald Trump’s pick to lead the Occupational Safety and Health Administration told a panel of senators Tuesday that he would consider pursuing criminal penalties against certain egregious workplace safety violators but stopped short of promising an increased effort to publicize violations through agency-issued press releases.

  • December 5, 2017

    Merck Aims To Sink Cert In $250M Sex Bias Class Action

    Merck & Co. Inc. urged a New Jersey federal court Monday to knock down a class certification bid from female former sales representatives in their $250 million gender discrimination suit against the company, saying their actual claims have nothing to do with the purported class theory.

  • December 5, 2017

    EU Adopts Rules To Revamp VAT System For Online Sales

    The Council of the European Union on Tuesday adopted regulations to overhaul its antiquated value-added tax system so that certain online sales from countries outside the EU no longer will be exempt from the tax and to reduce compliance costs for businesses.

  • December 5, 2017

    Tax Pro Sees Threat To Global Tax Break From Senate Patch

    An 11th-hour addition to the Senate's tax overhaul could threaten a key Republican goal with tax reform — ending the worldwide taxation of U.S. companies — according to a leading tax practitioner.

Expert Analysis

  • Immigration Compliance For Employers: Lessons From 2017

    Maria Kallmeyer

    The year is coming to a close without congressional immigration reform, yet employers have experienced significant changes this year. Maria Kallmeyer and Emily Shircel of Quarles & Brady LLP discuss the changes we've seen so far, how they impact employers and what the business immigration landscape might look like in 2018.

  • Will The Supreme Court Review SEC's In-House Judges?

    Harold Krent

    I was confident that the U.S. Supreme Court would grant certiorari in Lucia v. SEC to resolve the split in the circuits over whether federal administrative law judges should be considered inferior officers or employees under the Constitution — until the government's response to the Lucia petition last week, says professor Harold Krent of IIT Chicago-Kent College of Law.

  • D&O Insurance Coverage Tips For Financial Institutions

    Robert Long

    Directors and officers insurance coverage terms can be particularly important for executives in the heavily regulated financial services industry. Fortunately, in the midst of a very competitive insurance market, new and broader coverage features have appeared, say Robert Long and Nanci Weissgold of Alston & Bird LLP.

  • 5 Reasons Your Sexual Harassment Training Isn’t Working

    Sally Culley

    No amount of training can overcome a business environment that won't acknowledge the existence of unprofessionalism and disrespect, but there are several reasons that may help explain why sexual harassment training simply isn’t working, say attorneys at Rumberger Kirk & Caldwell.

  • Series

    40 Years Of FCPA: The Siemens Lesson — Tillerson Is Right

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    Since its whopping $800 million Foreign Corrupt Practices Act settlement in 2008, Siemens cleaned up — and it has “cleaned up” in its long-standing competition with General Electric. How? As Secretary of State Rex Tillerson reportedly told President Donald Trump, you don’t need to pay bribes to succeed in international business, says Peter Y. Solmssen, former general counsel of Siemens.

  • Basic Human Rights: Whose Job Is Enforcement?

    Dan Weissman

    The cases of Jesner v. Arab Bank and Doe v. Cisco Systems pose different legal tests under the Alien Tort Statute. But these decisions could hold major consequences for environmentalists, human rights activists and even individuals who have turned to ATS to go after transnational corporations, says Dan Weissman of LexisNexis.

  • Playing Against A Stacked Deck: Tenant Leasing Strategies

    Mark Foster

    It is a myth that landlord form leases are standard and not negotiable. Though corporate tenants may feel that they do not have the time or inclination to negotiate leases, they should be proactive in identifying and undoing the landlord traps found in form leases, says Mark Foster of Snell & Wilmer LLP.

  • Series

    40 Years Of FCPA: The Rise In International Enforcement

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    The 2008 Siemens matter — then the largest sanction ever imposed in a Foreign Corrupt Practices Act enforcement action — set the stage for future cross-collaboration in global anti-corruption enforcement, say Cheryl Scarboro, former chief of the FCPA Unit at the U.S. Securities and Exchange Commission, and Diana Wielocha of Simpson Thacher & Bartlett LLP.

  • Bringing Cayman Derivative Claims In NY Just Got Easier

    Robert Quirk

    The New York high court’s recent holding in Davis v. Scottish Re Group removes a significant practical hurdle to bringing derivative claims involving Cayman Islands corporations. With the Cayman leave-of-court rule out of the picture, shareholders need not arrive at the courthouse door already equipped with evidence to support their claim, say Rob Quirk and Stephen Younger of Patterson Belknap Webb & Tyler LLP.

  • Why Stock Prices Of Insolvent Firms Can Still Be Positive

    J.B. Heaton

    When Cumulus Media filed for Chapter 11 protection last week, its market capitalization fell to under $3 million, but $3 million is still greater than zero. Was Cumulus solvent when it filed bankruptcy? The answer is almost surely no, and it is important that lawyers have a good understanding of the reasons why, says attorney J.B. Heaton.