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Corporate

  • June 13, 2018

    Ex-CEO Gets 2 Years For Insider Trading Led By 'Pure Greed'

    U.S. District Judge Lucy Koh sentenced the ex-CEO of a Silicon Valley-based fiber optics company to two years behind bars on Wednesday for making insider trades using secret brokerage accounts held in family members’ names, saying the wealthy man's crime was motivated by “pure greed.”

  • June 13, 2018

    3 Tips For Businesses Looking To Root Out Pay Gaps

    As states beef up their pay equity laws and workers grow more aware of their rights, employers are increasingly examining their payrolls for illegal wage disparities among genders or races — but they need to do it the right way.

  • June 13, 2018

    Ex-Morgan Stanley VP Made Hack-Based Trades, Plotter Says

    A onetime Georgia stock trader told a Brooklyn federal jury Wednesday that former Morgan Stanley Vice President Vitaly Korchevsky and ex-broker Vladislav Khalupsky traded on nonpublic information gleaned from hacked press releases as part of what prosecutors say was a $30 million fraud.

  • June 13, 2018

    Yahoo Investor Tells 9th Circ. SEC Doesn't Answer Mail

    Yahoo investors urged the Ninth Circuit on Wednesday to revive their derivative shareholder suit alleging Yahoo Inc. violated a deal with the U.S. Securities and Exchange Commission by purchasing Alibaba stock, saying merely complaining to the SEC instead of suing wouldn't work because "writing letters" doesn't get a response.

  • June 13, 2018

    Time Limit Under NY Securities Law May Frustrate Big Cases

    A ruling Tuesday by New York’s highest court limiting to three years the time in which the state attorney general’s office can bring securities fraud claims under the Martin Act could hamper complicated cases involving large financial services firms, especially if prosecutors are seeking to charge individuals, legal experts said Wednesday.

  • June 13, 2018

    Wash. Gov. Moves To Counteract High Court's Epic Ruling

    Washington Democratic Gov. Jay Inslee on Tuesday directed state agencies to whenever possible contract with businesses that do not require workers to submit to mandatory individual arbitration, following the U.S. Supreme Court’s landmark Epic Systems decision to bless employers’ use of employment agreements that bar workers from bringing class actions.

  • June 13, 2018

    AT&T-Time Warner Ruling Paves Way For Industry Overhaul

    The telecommunications and media space is poised for an overhaul now that a D.C. federal judge has approved AT&T’s $85.4 billion Time Warner buy, with the ruling squashing doubt about the vertical merger’s effect on competition after a challenge by the U.S. Department of Justice.

  • June 13, 2018

    Trend Of Rise In Pass-Throughs Forecast To Reverse

    More than 200,000 individual business owners could convert their pass-through businesses into corporate structures as a result of changes in the federal tax code, according to a prediction Tuesday from the Penn Wharton Budget Model.

  • June 13, 2018

    4th Circ. Revives Optometrists' Data Breach Suit

    A panel of the Fourth Circuit vacated a district court’s dismissal of proposed class actions by optometrists over the impact of a suspected data breach at the National Board of Examiners in Optometry Inc. that leaked their personal information, finding the optometrists had standing to sue the organization.

  • June 12, 2018

    3 Takeaways From Judge Leon's Ruling On Time Warner Deal

    U.S. District Judge Richard Leon rejected the government's challenge of AT&T's planned purchase of Time Warner on Tuesday, finding fault with the U.S. Department of Justice's economic analysis suggesting likely harm from the deal as well as other evidence that sought to support those claims. Here, Law360 takes a look at the judge’s opinion for a glimpse of what went wrong for the DOJ.

  • June 12, 2018

    Arbitration Pact Named Parent, Not Tech's Co., 4th Circ. Says

    A telecom services technician can pursue a proposed wage-and-hour class action even though he signed an arbitration agreement that included a class waiver provision since the document names only the employer’s parent company as a party, the Fourth Circuit ruled Tuesday.

  • June 12, 2018

    Ex-Morgan Stanley VP Traded On Hacked Co. Info, Jury Told

    A Brooklyn federal jury on Tuesday heard of how a former Morgan Stanley vice president and an ex-broker were allegedly part of a $30 million insider trading scheme that utilized hacked corporate press releases to trade ahead of earnings announcements and other company news, as an expected month-long trial kicked off.

  • June 12, 2018

    5th Circ. Says Employer's Failure To Sign Voids Arbitration

    The Fifth Circuit on Monday sided with an employee who is suing engineering and construction services firm Ref-Chem LP, holding that the company's failure to sign an arbitration agreement the employee had signed meant she had standing to bring her sexual harassment lawsuit in court.

  • June 12, 2018

    OSHA Enforcement Slipping Under Trump, Labor Org Says

    Enforcement activities performed by the Occupational Safety and Health Administration have decreased since the start of the Trump administration and experienced an even bigger decline at the start of the 2018 fiscal year, a report released Tuesday by the National Employment Law Project said.

  • June 12, 2018

    Facebook Data Pacts Could Spur GDPR-Like Protections

    The recent revelation that Facebook has allowed device makers including Apple, Samsung and Huawei broad access to user data raises fresh questions about the legal and ethical constraints on companies' data usage practices and could prompt a reckoning that would pull the U.S. closer to the tighter controls of the general data protection regulation currently in place in the European Union, attorneys say.

  • June 12, 2018

    Walmart Urged To Reach Deal With Exec In Noncompete Suit

    A suit lodged by Walmart Inc. against its chief tax officer for entertaining a job offer with Amazon.com Inc. will proceed on an expedited basis after a Delaware state court judge on Tuesday agreed that the job offer represents a threat of harm to the company, but urged the parties to explore a mutual resolution over the next week.

  • June 12, 2018

    Use Tax Reporting Laws May Be More Onerous After Wayfair

    Quill might be upheld when the U.S. Supreme Court issues its decision in the closely watched case against Wayfair, but online retailers shouldn't necessarily count that as a big victory because states can still turn to notice and reporting laws, state tax experts said.

  • June 12, 2018

    Watchdog Says DOL Is Stalling On OT, Fiduciary Rule Info

    A government watchdog that last year sued the U.S. Department of Labor seeking records related to its overtime and fiduciary rules told a Washington, D.C., federal judge Monday that it’s “concerned” the agency hasn’t been as forthcoming about its record searches as it should be.

  • June 12, 2018

    Partisan Potshots At NLRB Par For The Course, Ex-Chair Says

    Although critics have accused the National Labor Relations Board of becoming overly politicized in recent years — and the board's stance on issues like the legality of class waivers has left businesses and worker advocates sharply divided — former NLRB Chair Philip Miscimarra told Law360 in an exclusive interview that the labor board isn't operating any differently than it has in the past.

  • June 12, 2018

    Antitrust Chief Defends Sticking To Consumer Welfare Focus

    Shortly before a D.C. federal judge cleared AT&T’s $85 billion merger with Time Warner, the U.S. Department of Justice’s top antitrust official on Tuesday said in Washington, D.C., that consumer welfare will continue to be the cornerstone of DOJ antitrust enforcement, rejecting calls to expand the Antitrust Division’s goals to include concerns over democratic market structures or other social benefits.

Expert Analysis

  • Legal Risks For Consumer Products Cos. In 2018: Part 1

    Erin Bosman

    Running a successful consumer products company has never been easy. Rapidly evolving technologies, an uncertain economy and changing government regulations appear primed to complicate the already challenging task of navigating legal issues, say Erin Bosman and Julie Park of Morrison & Foerster LLP.

  • Revamping Contracts For GDPR: You're Just Getting Started

    Zachary Foreman

    With the May 25 deadline come and gone for the EU General Data Protection Regulation, you may find yourself tempted to breathe a sigh of relief. A job well done, right? But GDPR compliance means exercising constant vigilance, says Zachary Foreman of Axiom Law.

  • Impediments To Legal Industry's 'Inevitable' Future: Part 1

    Craig Levinson

    Legal pundits continue to make predictions that newer entrants into the industry — NewLaw firms, the Big Four and alternative legal service providers — will progressively seize greater amounts of market share from traditional law firms. But the BigLaw response has been underwhelming at best, and a glimpse at the market forces puts its lack of urgency into perspective, says Craig Levinson, founder of Levity Partners.

  • How Kentucky Changed Its Nearly 100-Year-Old Tax Structure

    Mark Sommer

    Kentucky’s 2018 regular session of the General Assembly brought sweeping changes to an overall tax structure that had been largely untouched over the last century, Mark Sommer and Rowan Reid of Frost Brown Todd LLC discuss what changed and what stayed the same.

  • 7 Common Mistakes In Company Witness Prep

    Matthew Keenan

    Too often as attorneys, we focus on the facts of the case and assume the witnesses will be ready for the scrutiny of our adversaries. Based on my 30 years defending companies in national product liability cases, here are seven mistakes often made in witness preparation, says Matthew Keenan of Shook Hardy & Bacon LLP.

  • How Immigration Issues Can Sour M&A Deals

    Christine Fuqua Gay

    Because the U.S. Department of Homeland Security's E-Verify program is frequently overlooked and misunderstood, immigration compliance issues have become more common in mergers and acquisitions and a basis of post-closing claims, such as those alleged in Post Holdings v. NPE Seller Rep, currently pending in the Delaware Chancery Court, say Christine Fuqua Gay and Ashley Hamilton of Holland & Knight LLP.

  • Despite Legality, Employee Arbitration Pacts Are No Panacea

    Adam Primm

    While the U.S. Supreme Court's recent opinion in Epic Systems v. Lewis is clearly a business-friendly decision, employers should not rush to include arbitration agreements and class or collective action waivers in their employment contracts. They may be beneficial in certain contexts, but they are not necessarily a fit for everyone, say attorneys with Benesch Friedlander Coplan & Aronoff.

  • Digital Toy Data Breach Highlights Cybersecurity Concerns

    Erin Bosman

    In April, an Illinois federal judge powered down a proposed class action against VTech Electronics following a 2015 data breach of its internet-connected digital learning toys. But the breach also triggered a Federal Trade Commission enforcement action, resulting in a $650,000 settlement. Both developments illustrate the increasing exposure that the internet of things brings for consumer product manufacturers, say attorneys with Morrison & Foerster LLP.

  • Tax Days May Be Longer In Arizona Than New York

    Ariele Doolittle

    In New York, a "day" is defined as "any part of a day" for tax purposes. But, according to a state Supreme Court decision last week, a "day" may mean something different in Arizona. Ariele Doolittle of Hodgson Russ LLP analyzes the matter of BSI Holdings LLC v. Arizona Department of Transportation.

  • Kokesh And Its Impact On SEC Enforcement, A Year Later

    Matthew Solomon

    One year ago, the U.S. Supreme Court ruled in Kokesh that the U.S. Securities and Exchange Commission’s disgorgement remedy is subject to a five-year statute of limitations. This has had a quantifiable effect on the agency’s enforcement program, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.