Corporate

  • February 14, 2018

    Attorneys Predict Wave Of #MeToo Investor Suits

    The #MeToo reckoning unleashed last fall that has toppled an array of powerful American businessmen could trigger a wave of investor actions similar to a shareholder claim filed last week against Wynn Resorts for allegedly ignoring years of sexual misconduct complaints against its founder and CEO Steve Wynn, legal experts say.

  • February 14, 2018

    Illumina Uses Mosaic Of Trial Assets To Score $27M IP Win

    No one factor propelled Weil Gotshal & Manges LLP and Illumina Inc. to a recent $26.7 million trial win over Ariosa Diagnostics Inc. in a long-running case over prenatal testing technology. Rather, it was a combination of assets that included the strength of Illumina’s patents and the expertise of hard-hitters on the Weil team.

  • February 14, 2018

    Midas Parent's GC Sanctioned For Practicing On Suspension

    The general counsel for car parts giant and Midas parent TBC Corp. got a two-year stayed suspension in Ohio on Tuesday for practicing out-of-state amid previous suspensions for failing to keep up with his continuing legal education obligations.

  • February 14, 2018

    Facing Cuts, NLRB Tells Field Offices To Tighten Belts

    The National Labor Relations Board has urged regional offices to curtail unnecessary administrative expenditures amid budgetary cutbacks, according to a memo issued Tuesday, one day after the Trump administration proposed slicing the agency’s 2019 budget by about 9 percent from its fiscal 2017 level.

  • February 14, 2018

    Circle K Training Videos Infringe Copyright, Suit Says

    Convenience store giant Circle K Stores Inc. on Tuesday was hit with a copyright infringement suit by a company that makes employee training videos for allegedly copying and distributing several videos to stores nationwide as part of mandatory training.

  • February 13, 2018

    Ex-Railroad IT Worker Gets Jail Time For Network Damage

    A former Canadian Pacific Railway IT employee was sentenced by a Minnesota federal judge Tuesday to one year and one day in prison for intentionally damaging critical components of the transcontinental railroad company’s computer network, following a guilty verdict in October.

  • February 13, 2018

    Vice Media Accused Of Shorting Women On Pay, Promotions

    A former employee at Vice Media Inc. said the millennial-focused news and entertainment company is grossly underpaying its female employees compared to their male counterparts, according to a suit filed in California state court on Tuesday.

  • February 13, 2018

    Sick, Vacay Pay Not Regular Compensation: Mass. High Court

    The top court in Massachusetts on Tuesday held that supplemental sick time and vacation leave payments received in conjunction with workers’ compensation do not qualify as regular compensation under state law when it comes to determining an employee’s effective date of retirement.

  • February 13, 2018

    IBM Says Exec's Microsoft Move Flouted Noncompete

    IBM accused an outgoing top executive Monday of violating a yearlong noncompete agreement when she accepted a job as Microsoft’s chief diversity officer, prompting a New York federal judge to temporarily block her from starting her new job at least until a hearing is held.

  • February 13, 2018

    Calif. Jury Finds BofA Blacklisted, Defamed Ex-Worker

    A California federal jury on Tuesday found Bank of America NA illegally blacklisted and defamed a former BofA client manager when it listed her with a fraud reporting agency, awarding the former employee compensatory and punitive damages that could surpass $1.6 million.

  • February 13, 2018

    After Big Waymo Settlement, Uber Criminal Probe Still Looms

    Uber paid hundreds of millions of dollars last week to settle civil accusations that it stole self-driving car technology from Google’s Waymo, but don’t forget: Federal prosecutors might still bring criminal charges over the same alleged theft.

  • February 13, 2018

    3 Online Policy Areas That Need Some Valentine's Day Love

    As social media changes the way we look for love, news and inspiration, it’s also offering scammers and advertisers new platforms to take advantage of consumers. Here, Law360 looks at three online policy areas that could use some extra love this year.

  • February 13, 2018

    Retired NLRB Officials Decry GC's Proposed Reorganization

    Fifty-six retired National Labor Relations Board regional office leaders have asked general counsel Peter Robb to consider scrapping his reported plan to restructure the agency’s field office system, saying his plan “clearly misses the mark,” according to a letter obtained by Law360 on Tuesday.

  • February 13, 2018

    Recent Leaks Put Legal Industry On '#MeToo' Notice

    Two international law firms announced last week that they were parting ways with U.K. partners after allegations from more than a year ago were suddenly brought to light, in what could be the start of a longer public re-evaluation of how the legal industry addresses — or fails to address — claims of sexual misconduct within its ranks.

  • February 12, 2018

    Trump's Trade Budget Stays Mostly Level Despite Tough Talk

    The Trump administration has repeatedly voiced its commitment to substantial trade negotiation and enforcement policies, but its latest budget proposal issued Monday does not signal too many significant changes in funding for the government’s major trade agencies.

  • February 12, 2018

    5 New NLRB Advice Memos Labor Attys Should See

    The National Labor Relations Board’s general counsel released a spate of advice memorandums Sunday offering opinions on various gray areas of federal labor law, including an entry finding that a Teamsters local had illegally set up a secret Facebook group to trash a member opposed to its bargaining strategy.

  • February 12, 2018

    Ex-Nomura Trader Can't Ditch SEC Fraud Suit, Judge Rules

    A former head trader at Nomura must face a U.S. Securities and Exchange Commission suit accusing him of lying to customers about the prices he’d paid for commercial mortgage-backed securities he was reselling, a New York federal judge ruled Monday.

  • February 12, 2018

    US Antitrust Enforcers Look To Keep Budgets, Staff Level

    The U.S. Department of Justice's Antitrust Division and the Federal Trade Commission on Monday asked for their budgets to remain mostly level in fiscal year 2019 and called for staffing levels to stay the same as well.

  • February 12, 2018

    UnitedHealth Can't End DOJ Suit In Big FCA Battle

    A California federal judge on Monday preserved a U.S. Department of Justice lawsuit accusing UnitedHealth Group Inc. of exaggerating patient illnesses in Medicare Advantage, handing the government a crucial win in a new realm of False Claims Act litigation.

  • February 12, 2018

    3 Takeaways From NY's Legal Broadside Against Weinstein

    A civil rights suit filed Sunday against Harvey Weinstein and the production company he co-founded by New York state Attorney General Eric Schneiderman offers shocking new details about the disgraced movie executive’s alleged mistreatment of female employees and threatens to torpedo the company’s rumored $500 million sale.

Expert Analysis

  • Emerging Trends In FCA Enforcement: 2018 Outlook

    Vince Farhat

    Two new policies from the U.S. Department of Justice, along with ongoing developments concerning the elements of scienter and materiality stemming from the landmark U.S. Supreme Court decision in Escobar, have the potential to significantly change the landscape of False Claims Act enforcement in the year ahead, say attorneys with Holland & Knight LLP.

  • Agency Guidance Limits May Shift Health Care Enforcement

    Michael Lampert

    The U.S. associate attorney general recently issued a memo directing civil litigators in the U.S. Department of Justice to limit their use of governmental agency guidance documents in affirmative civil enforcement matters. Attorneys with Ropes & Gray LLP discuss issues that should be monitored over time in order to understand the memo's ultimate impact on civil health care enforcement matters.

  • Google Bias Suit Presents Critical Juncture In Labor Law

    Eve Wagner

    Two ex-Google employees recently accused the company of singling out conservative white men and terminating their employment after they shared their political views with colleagues. The question for the trier of fact will be whether their speech is protected under California law or constituted discrimination or other wrongful conduct in violation of Google’s policies, says Eve Wagner of Sauer & Wagner LLP.

  • The Art Of The Litigation Funding Deal

    Julia Gewolb

    As litigation funding becomes more widespread, greater complexity and variability in funding deals are to be expected. All claimants should consider certain key questions on the economics of single-case funding when considering or comparing funding terms, says Julia Gewolb of Bentham IMF.

  • Smart Contracts Need Smart Corporate Lawyers

    Matthew O’Toole

    Given the operational and security risks involved, and the substantial digital asset values transacted, the rise of distributed ledger technology and smart contracts will create new opportunities and responsibilities for transactional lawyers, say attorneys with Potter Anderson Corroon LLP.

  • Reflections On 2017 FCPA Enforcement

    Mark Mendelsohn

    Despite significant Foreign Corrupt Practices Act enforcement activity in 2017, the Trump administration’s approach remains elusive and not readily characterized. The manner in which investigations are resolved in the coming year may help illuminate whether the current government will be more lenient toward U.S. companies than the Obama administration, say attorneys with Paul Weiss Rifkind Wharton & Garrison LLP.

  • DC Circ. CFPB Decision Is A Big Win For Industry

    Joseph Palmore

    In PHH v. Consumer Financial Protection Bureau, the D.C. Circuit recently held that the structure of the CFPB is constitutional. The U.S. Supreme Court will likely have the last word on the separation-of-powers issue, but the D.C. Circuit's holdings on the Real Estate Settlement Procedures Act and fair notice will likely stand, say attorneys with Morrison & Foerster LLP.

  • Encouraging Broader Use Of Equal Pay Act At 4th Circ.

    Michael Abcarian

    Given Title VII’s easier burden of proof, it has largely supplanted the Equal Pay Act as the law of choice for litigating gender-based pay discrimination lawsuits. However, the Fourth Circuit’s recent decision in U.S. Equal Employment Opportunity Commission v. Maryland Insurance Administration could change this and usher in a new age of pay discrimination lawsuits, says Michael Abcarian of Fisher Phillips.

  • How To Fix Your Broken Client Teams

    Mike O'Horo

    Law firms claim they create client teams to improve service. Clients aren’t fooled, describing these initiatives as “thinly veiled sales campaigns.” Until firms and client teams begin to apply a number of principles consistently, they will continue to fail and further erode clients’ trust, says legal industry coach Mike O’Horo.

  • Notable Trends In Foreign Securities Litigation

    Mark Willis

    In recent years, investors have been successful in securing significant recoveries overseas through group actions despite the fact that U.S.-style, opt-out class actions do not exist in most foreign forums. With the foreign securities litigation field now bustling, investors will increasingly need to navigate potential pitfalls, say Mark Willis and Rachel Avan of Labaton Sucharow LLP.