Corporate

  • December 8, 2017

    High Court To Revisit American Pipe In New Class Action Row

    The U.S. Supreme Court on Friday granted certiorari to fertilizer manufacturer China Agritech Inc. in an appeal that will determine whether the American Pipe decision allows new named plaintiffs to borrow statute of limitations tolling from prior failed suits in which they were unnamed class members.

  • December 8, 2017

    FCC Says It Won't Release Net Neutrality Comment Logs

    The Federal Communications Commission's general counsel said Thursday the FCC must "respectfully decline" New York Attorney General Eric Schneiderman's request for information related to comments posted online in the net neutrality rollback proceeding, emphasizing that the commission doesn't solely rely on the comments to make its decisions.

  • December 8, 2017

    What Is 'Informational Injury'? The FTC Wants To Find Out

    The Federal Trade Commission is set to consider when a breach of consumers’ data becomes an “injury,” at a workshop companies and privacy hawks are watching for clues on what kinds of data breach lawsuits the agency will bring going forward.

  • December 8, 2017

    DOJ Tells High Court 2nd Circ. Erred In AmEx Ruling

    The U.S. Department of Justice told the U.S. Supreme Court on Thursday that it should vacate and remand the Second Circuit’s ruling that the use of increased fees to fund rewards for cardholders justifies American Express' anti-steering provisions imposed on merchants, claiming the ruling overlooked the central concern of antitrust laws: the preservation of competitive prices. 

  • December 8, 2017

    Hearst Interns Not Employees, 2nd Circ. Rules

    A group of Hearst Corp. interns can’t revive their proposed class action seeking minimum wages because they don’t qualify as employees under the Fair Labor Standards Act, the Second Circuit ruled Friday.

  • December 8, 2017

    DOJ, AT&T Get March Trial Date For $85B Merger Fight

    U.S. District Judge Richard J. Leon on Thursday set a March 19 bench trial in the government’s challenge of AT&T’s $85.4 billion deal to purchase Time Warner Inc., rejecting AT&T's request for an earlier trial date.

  • December 8, 2017

    Legal Sector Picks Up 600 New Jobs In November

    U.S. legal services jobs climbed by 600 jobs in November, marking four consecutive months of job growth and the second-highest total for the sector so far in 2017, the Bureau of Labor Statistics said Friday in its latest jobs report.

  • December 8, 2017

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    Legislators introduced a bill to prevent businesses from enforcing mandatory arbitration agreements in instances where employees allege workplace sexual harassment, and a credit union sued President Donald Trump to block Mick Mulvaney from leading the Consumer Financial Protection Bureau. These are some of the top stories in corporate legal news you may have missed this past week.

  • December 7, 2017

    Statoil's Claims Against Ex-Exec Headed For Arbitration

    A Texas federal judge held Wednesday that Statoil must arbitrate its claims that a former executive for one of its units schemed to steal trade secrets, but rejected his efforts to force the subsidiary into arbitration and to convince the court that an arbitration agreement he signed applies to nonsignatories.

  • December 7, 2017

    VW Plea Deal Gives Investors Limited Win In Fraud Case

    A California federal judge hearing cases related to Volkswagen AG’s clean diesel scandal ruled Wednesday that investors cannot cite the automaker's plea deal and admissions to prosecutors as proof that dozens of its statements to investors were false or made with scienter, although he found they did contradict the automaker’s statements printed on its engines.

  • December 7, 2017

    Puma Exec's Brother Traded On Cancer Drug Info, SEC Says

    The U.S. Securities and Exchange Commission on Wednesday filed a suit in Florida federal court accusing the brother of a Puma Biotechnology Inc. executive of reaping $107,000 in illegal profits through insider trading based on conversations between the two related to the development of a cancer drug.

  • December 7, 2017

    4th Circ. Revives Ex-SEC Atty's Whistleblower Firing Suit

    A former U.S. Securities and Exchange Commission lawyer convinced the Fourth Circuit on Thursday to revive and remand his whistleblower lawsuit alleging his 2013 firing was retaliation for reporting “chronic inefficiency,” as the panel found the administrative judge had failed to analyze one of the two claims.

  • December 7, 2017

    Lab CEO Can't Be Named In FCA Retaliation Suit, Court Says

    An executive from a Virginia medical laboratory can’t sue his boss for retaliation that allegedly occurred after he aided the government in a $3.2 million False Claims Act suit, as whistleblowers can't sue individuals for retaliation, a New York federal judge said on Wednesday.

  • December 7, 2017

    4 Tech Workers Accused Of Stealing Chip Plans For Startup

    Four former employees of Applied Materials Inc. were hit with trade secrets charges in California federal court for an alleged scheme in which they tried to copy the semiconductor company’s LCD chip technology to launch their own venture capital-funded business, prosecutors said Wednesday.

  • December 7, 2017

    Delrahim’s SEP Policy Could Mean Enforcement Shift For DOJ

    Recent statements by leaders in the U.S. Department of Justice antitrust division have signaled a possible shift in policy in favor of patent holders when it comes to standard-setting organizations and their potential for anti-competitive conduct. While experts told Law360 that it’s not clear what the remarks will mean for SSOs when it comes to enforcement, they’re watching to find out.

  • December 7, 2017

    Trump Taking Risk With Lax Asia Policy, Ex-USTR Official Says

    Between an abrupt withdrawal from the Trans-Pacific Partnership and an early-stage policy heavily focused on enforcement, the Trump administration is at risk of being left out in the cold in the crucial Asia-Pacific region, former U.S. trade official Barbara Weisel told Law360.

  • 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.

Expert Analysis

  • When Gov't Enforcement Actions And Class Actions Collide

    Ashley Taylor

    Government enforcement actions and class actions often travel together, with one following the other like day follows night. However, there are measures you can take to help avoid fighting on multiple fronts or, if that’s not possible, to manage and mitigate the risks presented by an enforcement action and parallel class action, say attorneys with Troutman Sanders LLP.

  • 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.