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  • December 7, 2018

    Uber Is Impeding Arbitrations By Refusing To Pay, Drivers Say

    Thousands of Uber drivers on Wednesday accused the ride-hailing service of employing stall tactics in their bid to force the company to cover the costs of their individual arbitrations in California federal court, following recent Ninth Circuit rulings that determined such arbitrations are the only way for the drivers to resolve classification disputes.

  • December 7, 2018

    IRS Lets Cos. Opt Out Of New Stock Option Deferral Program

    Companies will be able to opt out of a new provision in last year's federal tax overhaul that allows employees to defer income from exercising stock options, the Internal Revenue Service said Friday.

  • December 7, 2018

    Walmart's Revised $65M PAGA Seating Deal Gets Green Light

    A California federal judge on Thursday preliminarily approved Walmart Inc.’s revised $65 million settlement that would resolve a Private Attorneys General Act lawsuit alleging the retail giant violated California's suitable seating statute by failing to provide cashiers with seats, according to the court docket.

  • December 6, 2018

    Female KPMG Workers Want Redo On Class Cert. Denial

    Members of a proposed class of more than 10,000 female tax and advisory department workers suing KPMG LLP for allegedly underpaying them asked a New York federal judge Thursday to reconsider her denial of class certification, saying the court had misread a statistical analysis by their expert witness.

  • December 6, 2018

    Calif. Bill Floated To Undo Dynamex Worker Classification Test

    California Assemblywoman Melissa Melendez has announced proposed legislation that would loosen the criteria employers use to classify workers as independent contractors, undoing the state Supreme Court’s landmark Dynamex decision from earlier this year.

  • December 6, 2018

    Huawei Exec's Arrest Just The Beginning, Attys Say

    The revelation this week that a high-level Huawei Technologies executive was arrested in Canada on U.S. charges was a bold move that likely bodes a major enforcement action against the Chinese telecommunications juggernaut, trade sanctions attorneys said.

  • December 6, 2018

    XPO Pregnancy Outcry Seen As 'Wake-Up Call' For Employers

    Shipping giant XPO Logistics is facing vocal criticism over allegations that it mistreated pregnant workers, underscoring the need for companies to do right by employees who are expecting. Here, experts share three tips for employers looking to follow the law and stay out of the headlines.

  • December 6, 2018

    Trump May Get Rude Awakening In China Trade Talks

    President Donald Trump has been taking a victory lap in the wake of his summit with Chinese President Xi Jinping by promising to deliver a bounty of new concessions to U.S. businesses, but the two sides are still far apart on a concrete agreement, and bridging that gap may prove more difficult than Trump anticipates.

  • December 6, 2018

    Proxy Firms Should Be Regulated, Senate Panel Hears

    A former U.S. Securities and Exchange Commission official and a business lobbyist on Thursday both told U.S. senators that proxy advisory firms should be scrutinized more closely given their influence over corporate elections, though a New York City assistant comptroller warned of overreach that could backfire against investors.

  • December 6, 2018

    DOJ's AT&T Appeal Needs Numbers, Not Theory: DC Circ.

    A D.C. Circuit panel appeared skeptical in oral arguments Thursday of the U.S. Department of Justice’s attempts to revive its challenge to AT&T’s Time Warner purchase, demanding numbers to back up economic theory and questioning whether a district judge’s factual findings crossed the line into clear, reversible error.

  • December 6, 2018

    Lyft Unveils Confidential SEC Filing Amid IPO Race With Uber

    Ride-sharing giant Lyft Inc. on Thursday gave the clearest sign yet that it intends to go public by filing a confidential draft registration statement with the U.S. Securities and Exchange Commission, escalating an ongoing race to the market with rival Uber Technologies Inc.

  • December 6, 2018

    Calif. Law At Issue As Qualcomm Fights Giant Class Cert.

    Qualcomm faces staggering potential liability thanks to a California federal court’s recent class certification covering cellphone buyers who say they were overcharged because of the company's licensing practices, with the judge's order potentially including nearly every cellphone owner in the United States. Here, Law360 looks at what's at stake as Qualcomm tries to appeal the decision.

  • December 6, 2018

    Actelion To Pay $360M To Resolve Copay Kickback Claims

    Swiss pharmaceutical giant Actelion will pay the government $360 million to settle charges it gave money to a copay assistance program to help Medicare patients buy its pulmonary arterial hypertension drugs, payments that amounted to an illegal kickback scheme, the U.S. Department of Justice announced Thursday.

  • December 6, 2018

    Data-Driven Lawyer: Ogletree's Evan Moses

    Ogletree's Evan Moses uses unconventional strategies to boost the firepower of his class action practice, including a homegrown Monte Carlo algorithm, earning him a spot on our 2018 list of Data-Driven Lawyers.

  • December 6, 2018

    Ex-Tesco Execs Acquitted Of Financial Fraud In Blow To SFO

    A London judge instructed jurors on Thursday to acquit two former Tesco executives accused of fraud and false accounting in a scandal that wiped nearly £2 billion ($2.6 billion) off the supermarket chain’s value, dealing a blow to the Serious Fraud Office’s prosecution.

  • December 5, 2018

    Huawei Executive Sought By US Is Detained In Canada

    The chief financial officer of Chinese telecommunications giant Huawei Technologies is in Canadian custody at the request of the United States, Canadian authorities said Wednesday.

  • December 5, 2018

    Damages In ERISA Suits Fall 40% To $392M In 2018

    New data show that workers who file Employee Retirement Income Security Act lawsuits have been scoring money damages less and less frequently since 2010 and that overall ERISA damages dipped by nearly 40 percent to $392 million in 2018 from $647 million the year before.

  • December 5, 2018

    Facebook Cherry-Picked Special Access To Data, Docs Show

    A dossier of internal Facebook documents released Wednesday shows executives discussing giving favored firms like Netflix and Lyft special access to user data, while restricting competitors' access to that same data.

  • December 5, 2018

    Don't Water Down Calif. Privacy Law, Lawmakers Told

    A coalition of more than a dozen privacy groups is doubling down on its efforts to persuade California lawmakers to refrain from scaling back the state's landmark privacy law, arguing that consumers' data access and control rights need to remain strong and that their ability to bring lawsuits should be broadened.

  • December 5, 2018

    KPMG Ruling Casts Skeptical Light On Dukes Decision

    A footnote in a recent ruling rejecting class certification in a long-running pay equity suit against accounting giant KPMG posed an intriguing question: Does the U.S. Supreme Court's Wal-Mart v. Dukes decision have a blind spot when it comes to "implicit bias" and pay decisions?

Expert Analysis

  • 6 Lessons From Recent FMLA And ADA Decisions: Part 2

    Melissa Bergman Squire

    In the final part of this article, attorneys with Dechert LLP discuss recent Family and Medical Leave Act and Americans with Disabilities Act cases that offer insights into issues such as determining when leaves of absence are too long and understanding examples of FMLA interference.

  • A Closer Look At New Calif. Pension Fund Climate Law

    Kristie Blase

    Landmark California legislation going into effect in January requires the two largest pension funds in the U.S. to publicly report on their climate-related financial risks, which should result in more widespread adoption of financial disclosure recommendations from the Financial Stability Board, say attorneys with CKR Law LLP.

  • Insights From 2017-2018 High Court Term And What's Ahead

    Chad Eggspuehler

    Many expect the U.S. Supreme Court's new conservative majority to track rightward, while others wonder if any justices might assert a moderating influence as the new “swing vote.” The court’s recent decisions and upcoming docket provide the best clues about its trajectory, says Chad Eggspuehler of Tucker Ellis LLP.

  • A Welcome DOJ Shift On Cooperation Credit

    John Nowak

    Changes announced last week by Deputy Attorney General Rod Rosenstein will likely make it easier for a company to obtain cooperation credit in criminal and civil cases, while also potentially reducing some of the costs and burdens associated with complying with the prior U.S. Department of Justice policy, says John Nowak of Paul Hastings LLP.

  • 6 Lessons From Recent FMLA And ADA Decisions: Part 1

    Melissa Bergman Squire

    Given the risks associated with Family and Medical Leave Act and Americans with Disabilities Act compliance, it's essential that employers keep abreast of continuing developments. Attorneys with Dechert LLP discuss what employers can learn from recent cases.

  • Series

    Judging A Book: Ginsburg Reviews 'The Curse Of Bigness'

    Judge Douglas Ginsburg

    When reading Tim Wu’s new book, "The Curse of Bigness: Antitrust in the New Gilded Age," lawyers, economists and historians will find its broad brush maddening, and the generalist reader will simply be misled, says D.C. Circuit Judge Douglas Ginsburg.

  • 5 Things You Should Know About New Rule 23 Amendments

    John Lavelle

    For the first time in 15 years, Federal Rule of Civil Procedure 23, governing class actions, has been amended. There are five key changes that will likely impact future federal class action litigation and settlements, say John Lavelle and Terese Schireson of Morgan Lewis & Bockius LLP.

  • Not Too Late For Small Business Owners To Lower 2018 Taxes

    Steve Moskowitz

    While the best tax plans are usually implemented year-round, small business owners still have time to consider whether taking certain steps will lower their 2018 tax bill, says Steven Moskowitz of Moskowitz LLP.

  • Société Générale: Sanctions Enforcement Is Alive And Well

    Ama Adams

    The recent settlement between Société Générale and U.S. regulators illustrates that U.S. sanctions enforcement authorities may be shifting their attention back to large financial institutions after several years of relatively quiet enforcement across the financial services industry, say attorneys with Ropes & Gray LLP.

  • NLRB Contract-Bar Rule Continues To Confuse

    Douglas Darch

    Two recent decisions from the National Labor Relations Board, which address when the so-called contract-bar doctrine prohibits an election petition, highlight the continued uncertainty surrounding the rule, say Douglas Darch and Jenna Neumann of Baker McKenzie.