• November 30, 2017

    Treasury Looks Into Tax Bill Analysis After Warren Letter

    After a request from Sen. Elizabeth Warren, counsel for the U.S. Treasury Inspector General confirmed Thursday that the office has prioritized an investigation into the economic analysis that Treasury Secretary Steven Mnuchin has touted as proof the Republicans’ planned tax cuts will “pay for themselves.”

  • November 30, 2017

    Keurig Rival Ordered To Return Docs In Trade Secrets Row

    Appliance company SharkNinja must get rid of any documents that its workers allegedly took from Keurig Green Mountain Inc. before they left to work at the rival appliance company, a Massachusetts federal judge ordered on Thursday in a month-old trade secret row filed by the coffee maker giant.

  • November 30, 2017

    Walmart Fights Denial Of 'Investing In American Jobs' TM

    Walmart told a panel of skeptical Trademark Trial and Appeal Board judges it should allow the company to register the trademark “Investing in American Jobs,” arguing the evidence used to reject the mark for being "merely informative" failed to show others used it as a slogan.

  • November 30, 2017

    Coinbase Must Give Info To IRS For Transactions Over $20K

    A California federal judge on Wednesday handed the Internal Revenue Service a partial win in the agency’s bid to seek records from Coinbase Inc., saying the virtual currency exchange must hand over information on accounts with transactions of greater than $20,000.

  • November 30, 2017

    Ex-Akin Gump Atty Pleads Guilty In DOJ Suit-Selling Case

    A former partner at Akin Gump Strauss Hauer & Feld LLP pled guilty in California federal court Wednesday to charges that he stole a sealed government complaint while still employed with the U.S. Department of Justice and tried to sell the information to a cybersecurity company then under investigation.

  • November 30, 2017

    The Top In-House Hires Of November

    November's notable legal department hires include new general counsels at Barclays, the National Labor Relations Board and Deutsche Bank.

  • November 29, 2017

    SBM Offshore To Pay $238M Fine For FCPA Bribery Violations

    SBM Offshore NV, a Dutch-based oil drill manufacturer, pled guilty to conspiring to violate the Foreign Corrupt Practices Act in Texas federal court Wednesday, agreeing to pay $238 million for its role in a scheme to bribe officials across the globe for government contracts.

  • November 29, 2017

    Judge Blames Uber Deputy GC For Waymo IP Trial’s Delay

    A California federal judge blamed Uber’s deputy general counsel for a two-month delay of Waymo’s trade secrets trial over allegedly stolen self-driving car technology, saying in a hearing Wednesday that Uber’s failure to produce an ex-employee’s letter meant the lawyer may be “in trouble.”

  • November 29, 2017

    5 Takeaways From The 'New' FCPA Corporate Charging Policy

    A new policy guiding when corporations can avoid criminal charges under the Foreign Corrupt Practices Act for bribing foreign officials formalizes what had been a U.S. Department of Justice experiment and gives some amount of certainty for companies, experts say.

  • November 29, 2017

    As GCs Grow In Stature, Bonuses Are On The Rise

    General counsel and chief legal officers saw their total compensation grow by almost 10 percent between 2015 and 2016 with bonuses accounting for much of the increase, reflecting the rising importance of legal department leaders, according to a new study released Wednesday.

  • November 29, 2017

    Ex-Comverse GC Loses FOIA Bid Tied To 'Backdating' Scam

    A New York federal judge dismissed a Freedom of Information Act suit Tuesday, brought by the former general counsel of Comverse Technology Inc. who was seeking documents related to his 2006 guilty plea in a stock options “backdating” scheme, saying his claims the government may have improperly pursued his case didn't outweigh witnesses' privacy.

  • November 29, 2017

    After Inquiry, NLRB's Emanuel Discloses More Ex-Clients

    Former Littler Mendelson PC shareholder and recent National Labor Relations Board addition William Emanuel has previously represented some of the largest consumer corporations and banks in the country — from to JPMorgan and Wells Fargo — many of which were previously undisclosed during his nomination, according to a list of clients released Tuesday.

  • November 29, 2017

    9th Circ. Says ESPN App User's Data Isn't Personal Info

    The Ninth Circuit on Wednesday ruled that although an ESPN app user claiming the sports network disclosed his private information to an analytics company had standing to sue, a lower court was right to toss his suit because the information was not personally identifiable under the Video Privacy Protection Act.

  • November 29, 2017

    DOJ Outlines Protections For Cos. Aiding FCPA Investigations

    Deputy Attorney General Rod Rosenstein on Wednesday announced a new U.S. Department of Justice enforcement policy for the Foreign Corrupt Practices Act aimed at incentivizing voluntary disclosures of corporate wrongdoing.

  • November 29, 2017

    Network Fires Garrison Keillor Amid Misconduct Claims

    Minnesota Public Radio has cut ties with Garrison Keillor, the former host of “A Prairie Home Companion,” after he was accused of inappropriate behavior with a co-worker, the organization said on Wednesday.

  • November 29, 2017

    EU Data Watchdogs Set Up Task Force To Tackle Uber Breach

    European data protection authorities said Wednesday that they are pooling their resources to probe Uber’s recently disclosed data breach, which has put the ride-sharing company in regulators’ crosshairs.

  • November 29, 2017

    DOJ Plan To Speed Merger Reviews Gets Skeptical Response

    The U.S. Department of Justice Antitrust Division’s new leadership has been talking about plans to tackle a steady rise in the length of time it takes to complete merger reviews, but antitrust attorneys tell Law360 more can be done.

  • November 29, 2017

    Matt Lauer Canned By NBC After Sexual Misconduct Report

    NBC News has fired longtime "Today" show co-anchor Matt Lauer after receiving a complaint about his “inappropriate sexual behavior in the workplace” on Monday, the network said Wednesday morning.

  • November 28, 2017

    Uber Sued Under Wash.’s Revamped Breach Reporting Law

    Washington state's attorney general on Tuesday became the latest to sue Uber over its recent disclosure that a massive hack in 2016 had exposed 57 million riders and drivers' personal data, alleging the ride-share giant broke the state's recently amended breach notification law by waiting more than a year to reveal the incident.

  • November 28, 2017

    Justices Push Back Against Wider Whistleblower Definition

    Several U.S. Supreme Court justices seemed inclined Tuesday to hew to a narrow definition of the term "whistleblower," an interpretation that could significantly limit the reach of anti-retaliation measures meant to protect whistleblowers under the Dodd-Frank Act.

Expert Analysis

  • Series

    Judging A Book: Saris Reviews 'Locking Up Our Own'

    Judge Patti Saris

    Having just completed a six-year term as chair of the U.S. Sentencing Commission, I read Yale Law School professor James Forman's new book, "Locking Up Our Own: Crime and Punishment in Black America," with particular interest, says Judge Patti Saris, chief judge for the U.S. District Court for the District of Massachusetts.

  • It’s OK, Whistleblowers Will Always Have SOX

    Scott Oswald

    Based on U.S. Supreme Court arguments Tuesday in Digital Realty Trust v. Somers, corporate whistleblowers are headed back to a world in which their main protection against retaliation will be the stalwart Sarbanes-Oxley Act, says Scott Oswald of The Employment Law Group PC.

  • Dissecting NAIC's Insurance Data Security Model Law

    Lawrence Hamilton

    On the heels of the new Insurance Data Security Model Law recently adopted by the National Association of Insurance Commissioners, members of Mayer Brown explain the new law, its substantive requirements, and the takeaways for the insurance industry.

  • How To Protect Search Terms In Internal Investigations

    Sam Ballingrud

    Attorneys conducting internal investigations frequently turn over their search term lists to opposing counsel or to government enforcers. This, however, can be a mistake with long-lasting results, say Sam Ballingrud, a Colorado Supreme Court law clerk, and Markus Funk, chairman of the white collar and investigations practice at Perkins Coie LLP.

  • Opinion

    Whistleblower Protections Are At Risk At The High Court

    Stephen Kohn

    The U.S. Supreme Court is poised to hear argument in Digital Realty Trust v. Somers, but if it decides to strip the protections of employees who report violations of law to in-house managers it will constitute the greatest setback for voluntary compliance programs since they were established in the mid-1980s, says Stephen Kohn of Kohn Kohn & Colapinto LLP.

  • What To Look For In Cyan V. Beaver County Oral Arguments

    William O'Brien

    On Tuesday, the U.S. Supreme Court will hear oral arguments in Cyan v. Beaver County Employees Retirement Fund. If the justices are sympathetic to the views of the Office of the Solicitor General, which filed an amicus brief earlier this year, it could signal an end to the epidemic of state court forum shopping in Securities Act class actions, says Skadden counsel William O'Brien.

  • Future MACRA Concerns For Hospitals And Health Systems

    Deborah Kantar Gardner

    In the process of reforming physician Medicare reimbursement Congress and the Centers for Medicare & Medicaid Services have created an interesting juncture in the health care landscape, as one of the real and lasting impacts of the Medicare Access and CHIP Reauthorization Act may well be the formation of new alignments between physicians and hospitals and health systems, say Deborah Kantar Gardner and Peter Holman at Ropes & Gray LLP.

  • DOJ Guidance Is Dead, Long Live DOJ Guidance

    David Chaiken

    Comments in a recent speech by U.S. Attorney General Jeff Sessions appeared to kill much-needed U.S. Department of Justice guidance for companies. But a closer look reveals that this interpretation is likely a misunderstanding, says David Chaiken of Troutman Sanders LLP.

  • Remaining Questions About US Paris Agreement Withdrawal

    Silvia Maciunas

    Last week’s annual meeting of the 23rd Conference of the Parties addressed, among other issues, implementation of the Paris climate change agreement. The U.S. has already submitted a notification of its intention to withdraw from the agreement, but because it has been submitted early, it is unclear whether it will satisfy the withdrawal requirements, says Silvia Maciunas of The Centre for International Governance Innovation.

  • A Look At Argentina’s New Anti-Corruption Law

    kim Nemirow

    Argentina took a significant step this month in its efforts to combat corruption. The law creates corporate criminal liability and will have a material impact on a number of companies that now must comply or face significant potential penalties or debarment, say Kim Nemirow and Lucila Hemmingsen of Kirkland & Ellis LLP and Gustavo Morales Oliver of Marval O'Farrell & Mairal.