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Corporate

  • August 16, 2018

    Fed. Circ. Reverses Part Of $7.3M Apple Patent Verdict

    The Federal Circuit on Thursday upended a jury verdict that required Apple Inc. to pay $7.3 million to Core Wireless Licensing SARL, which claimed iPads and iPhones infringed two of its patents covering wireless communications technology.

  • August 16, 2018

    NLRB Releases Memos On Immigration Protest, Weingarten

    The National Labor Relations Board on Wednesday published a flurry of informal guidance letters written by its in-house attorneys, including memos saying Latino workers who took part in a pro-immigrant protest were protected by federal labor law and reaffirming that workers' Weingarten rights kick in immediately after they vote in a union.

  • August 16, 2018

    Monsanto's $289M Roundup Loss Ripples Across Industries

    A California jury’s decision last week to award a retired groundskeeper $289 million against Monsanto in a Roundup cancer trial is certain to unleash a torrent of new litigation against the agri-giant, experts tell Law360, and the massive award for a product with “potential risks” could spur failure-to-warn litigation more broadly.

  • August 16, 2018

    A Chat With Ogletree Knowledge Chief Patrick DiDomenico

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Patrick DiDomenico, chief knowledge officer at Ogletree Deakins Nash Smoak & Stewart PC.

  • August 15, 2018

    Ameriprise To Pay SEC $4.5M To Settle Client Theft Claims

    The U.S. Securities and Exchange Commission said in an order on Wednesday that investment adviser and broker-dealer Ameriprise Financial Services Inc. will pay $4.5 million to settle charges that it failed to stop its own representatives from stealing retail investor assets.

  • August 15, 2018

    EEOC Litigation Wave Continues With Grand Hyatt Bias Suit

    The U.S. Equal Employment Opportunity Commission hit Grand Hyatt New York with a disability bias suit Wednesday, marking at least the 16th new discrimination or harassment suit the agency has filed in the first 15 days of August.

  • August 15, 2018

    Chancery Cuts 3.3% More From AOL Merger Appraisal

    A reargument of a Chancery Court post-merger appraisal of AOL Inc. added to dissenting stockholders’ loss Wednesday, with a $47.08-per-share ruling that saw 3.3 percent nicked off the already below-deal amount that some investors were left with after trial.

  • August 15, 2018

    Unions Want Trump NLRB Appointees Out Of McDonald's Row

    The Fight for $15 organizing group told the National Labor Relations Board that two Trump administration appointees to the board should bow out of the closely watched McDonald's joint-employer dispute because they previously worked for law firms with ties to the fast-food chain.

  • August 15, 2018

    FLSA Not An 'Obstacle' To Arbitration Agreement: 6th Circ.

    The Fair Labor Standards Act does not on its own thwart arbitration agreements, the Sixth Circuit said on Wednesday, reversing a ruling denying outsourcing company Kelly Services Inc.'s bid to send parts of a wage class action to arbitration.

  • August 15, 2018

    600 Lb. Gorillas, Mister Cookie Face Case In Jury's Hands

    A nearly $4 million breach of contract case over the butterfat content of ice cream sandwiches is in the hands of a Massachusetts federal jury after attorneys on Wednesday argued over whether Mister Cookie Face LLC ruined dessert maker 600 lb. Gorillas Inc.'s business by changing a formula that left customers with an icy taste in their mouths.

  • August 15, 2018

    Dish Says $280M Telemarketing Penalty ‘Legally Indefensible’

    Dish Network continues to urge the Seventh Circuit to upend a $280 million judgment won by state and federal regulators over violations of do-not-call laws, arguing in a recent brief that government officials can’t defend a decision “premised on basic legal errors.”

  • August 15, 2018

    FCC Hints It Could Drop Sinclair-Tribune In-House Review

    The Federal Communications Commission has recently indicated it would be willing to drop its in-house review of Sinclair Broadcast Group Inc.'s $3.9 billion acquisition of Tribune Media Co. now that Tribune has called off the deal in response to regulatory pressure.

  • August 15, 2018

    Deutsche Bank To Pay $22M To Settle Workers' ERISA Suit

    Thousands of workers who accused Deutsche Bank of steering their retirement savings into expensive and poorly performing proprietary funds told a New York federal court they had struck a $21.9 million deal to resolve their Employee Retirement Income Security Act class action.    

  • August 15, 2018

    AT&T Faces $224M Privacy Suit Over Cryptocurrency Theft

    A well-known cryptocurrency investor slapped AT&T with a nearly $224 million lawsuit in California federal court Wednesday, alleging that the carrier’s failure to provide adequate data security, despite previously suffering high-profile privacy incidents, allowed for the theft of millions in digital currency from his accounts.

  • August 14, 2018

    Exxon Investors' Climate Suit Beats Dismissal Bid

    A Texas federal judge denied Exxon Mobil Corp.’s bid to nix a putative securities fraud class action accusing the oil giant of concealing its climate change knowledge, ruling Tuesday that investors sufficiently pled alleged misstatements and mostly met the heightened pleading standard for bringing the suit.

  • August 14, 2018

    Tinder Founders Sue Match For $2B Over Stock Options

    A slew of Tinder founders, early employees and current executives hit the dating app’s parent companies, IAC and Match Group Inc., with a $2 billion suit in New York state court Tuesday, accusing the companies of deliberately tanking the valuation of the dating app in order to lessen the value of their stock options.

  • August 14, 2018

    How One Firm Moved The Needle On Disability Inclusion

    This global law firm has recently focused on creating opportunities for people with disabilities across its ranks, and its efforts are already showing results.

  • August 14, 2018

    Calif. Privacy Law Isn't End Of The World, Lawmakers Told

    A coalition of consumer advocacy groups shot back at the business community's initial efforts to scale back a recently enacted California privacy law, arguing that "the sky is not falling, as industry suggests" and urging state lawmakers to focus on "strictly technical cleanup" work for now. 

  • August 14, 2018

    Chiquita MDL Judge Narrows Claims Against Executives

    A Florida federal court presiding over multidistrict litigation alleging Chiquita funded a right-wing Colombian terrorist organization trimmed claims Monday against several defendants in two cases but declined to fully dismiss either one.

  • August 14, 2018

    Goldman Investors Win Cert. After 2nd Circ. Reversal

    A New York federal judge on Tuesday recertified an investor class after a Second Circuit decision vacated its first certification win, finding that Goldman Sachs failed to show that alleged misstatements on its ethical compliance had no price effect on its stock value.

Expert Analysis

  • ERISA Class Actions After Epic Systems

    James Baker

    U.S. Supreme Court Justice Neil Gorsuch's opinion in Epic Systems v. Lewis employed the same analytics used by Justice Antonin Scalia in three previous decisions. They strongly suggest the court would allow a mandatory arbitration clause with a class action waiver in the Employee Retirement Income Security Act context, says James Baker of Baker McKenzie.

  • Series

    Clerking For Ginsburg: A Superhero Supreme

    Burden Walker

    As a clerk for Justice Ruth Bader Ginsburg, my job was to mirror my boss’ views and values in everything I did. Years later, I find that I am still striving to live up to the values Justice Ginsburg instilled in me, as both a lawyer and a spouse, says Burden Walker, an assistant U.S. attorney for the District of Maryland.

  • New Mass. Law Would Make Enforcing Noncompetes Harder

    Bret Cohen

    Massachusetts recently passed comprehensive noncompete legislation, which will become effective on Oct. 1, 2018, assuming it is signed by Gov. Charlie Baker. The new law would place significant limitations on the scope of enforceable employee noncompetes, say Bret Cohen and Michael Steinberg of Nelson Mullins Riley & Scarborough LLP

  • AI In Lending: Key Challenges And Practical Considerations

    David Stein

    A recent report from the U.S. Treasury Department discussed the use of artificial intelligence in financial services and identified related legal challenges. There is little risk of financial regulators taking proactive steps to restrict the use of AI, but existing laws and regulations adopted long before its advent remain in effect, says David Stein of Covington & Burling LLP.

  • Insurance Can Mitigate Costs Of Government Investigations

    Annette Ebright

    If companies take the proper steps before and after being subjected to government investigations, their insurance policies may serve as a reliable hedge against the financial consequences. However, these policies have their limitations, say Annette Ebright and Daniel Peterson of Parker Poe Adams & Bernstein LLP.

  • Series

    Clerking For Ginsburg: 4 RBG Lessons On Having It All

    Rachel Wainer Apter

    Justice Ruth Bader Ginsburg is everything she is cracked up to be​ — f​eminist icon​, brilliant jurist​, fierce dissenter. She is also an incredible boss, mentor and friend.​ ​Her advice has shaped how I have tried to balance building a career and ​raising children, says Rachel Wainer Apter, counsel to the New Jersey attorney general.

  • Calif. Employer's Guide To Tracking Off-The-Clock Tasks

    Elizabeth Arnold

    The California Supreme Court's recent ruling in Troester v. Starbucks means that all work time may be considered compensable. Elizabeth Arnold and Chester Hanvey of Berkeley Research Group LLC describe how to conduct a time and motion observation study in the context of this decision.

  • Opportunity Zones Abound But Investors, Tread Carefully

    David Levy

    Opportunity zones, created under 2017’s Tax Cuts and Jobs Act, have the potential to be a powerful driver of investment activity in low-income communities throughout the U.S. But in order to benefit from the program’s capital gains tax exemption, investors must comply with a complex and somewhat unclear set of rules. Attorneys at Skadden Arps Slate Meagher and Flom LLP provide the details.

  • Tackling Digital Class Notice With Rule 23 Changes

    Brandon Schwartz

    Proposed modifications to Rule 23 of the Federal Rules of Civil Procedure, scheduled to take effect at the end of this year, will officially recognize the use of electronic notice in class action administrations. Brandon Schwartz and Maggie Ivey of Garden City Group LLC provide guidance on navigating a daunting digital landscape.

  • Global Magnitsky: The Swiss Army Knife Of Sanctions

    Hdeel Abdelhady

    The United States last week took the unprecedented step of sanctioning officials of a NATO member state — the justice and interior ministers of Turkey — pursuant to the Global Magnitsky Human Rights Accountability Act of 2016. The action demonstrates how Global Magnitsky sanctions can be readily employed without much advance legal groundwork, says Hdeel Abdelhady of MassPoint Legal and Strategy Advisory PLLC.