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Corporate

  • December 7, 2018

    Meet The Rigorous Judge Overseeing The CVS-Aetna Merger

    The D.C. federal judge pumping the brakes on the fast-moving merger of CVS Health Corp. and Aetna Inc. has a track record of aggressively scrutinizing government deals with big business, even if it means testing the boundaries of judicial power.

  • December 7, 2018

    Marriott Database Still Vulnerable To Hackers, Suit Claims

    Marriott’s database is still vulnerable to hackers a week after the hotel giant announced a massive data breach, according to a lawsuit filed in Maryland federal court by a plaintiffs firm that says its in-house researchers have discovered a key security flaw.

  • December 7, 2018

    Tesla Taps Williams & Connolly Chairman To Take GC Reins

    Williams & Connolly LLP chairman Dane Butswinkas will become the new general counsel at Tesla Inc., moving in-house after a decadeslong career at the prestigious Washington, D.C., firm, the automaker announced Thursday.

  • December 7, 2018

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    More than a dozen privacy groups doubled down on efforts to persuade California lawmakers to refrain from watering down a landmark privacy law, the District of Columbia gave final approval to a post-Wayfair tax law, and the Marriott hack showed the risks of cyber diligence gaps in mergers. These are some of the stories in corporate legal news you may have missed in the past week.​

  • December 7, 2018

    Data-Driven Lawyer: Morgan Lewis' J. Kyle Poe

    Morgan Lewis' J. Kyle Poe, a self-proclaimed "elder millennial," created a client management platform to streamline the firm's work in asbestos litigation that is now used across practice areas, making the firm's business more efficient and upping its ability to attract clients through innovative fee arrangements, earning him a spot on our 2018 list of Data-Driven Lawyers.

  • December 7, 2018

    Uber Is Impeding Arbitrations By Refusing To Pay, Drivers Say

    Thousands of Uber drivers on Wednesday accused the ride-hailing service of employing stall tactics in their bid to force the company to cover the costs of their individual arbitrations in California federal court, following recent Ninth Circuit rulings that determined such arbitrations are the only way for the drivers to resolve classification disputes.

  • December 7, 2018

    IRS Lets Cos. Opt Out Of New Stock Option Deferral Program

    Companies will be able to opt out of a new provision in last year's federal tax overhaul that allows employees to defer income from exercising stock options, the Internal Revenue Service said Friday.

  • December 7, 2018

    Walmart's Revised $65M PAGA Seating Deal Gets Green Light

    A California federal judge on Thursday preliminarily approved Walmart Inc.’s revised $65 million settlement that would resolve a Private Attorneys General Act lawsuit alleging the retail giant violated California's suitable seating statute by failing to provide cashiers with seats, according to the court docket.

  • December 6, 2018

    Female KPMG Workers Want Redo On Class Cert. Denial

    Members of a proposed class of more than 10,000 female tax and advisory department workers suing KPMG LLP for allegedly underpaying them asked a New York federal judge Thursday to reconsider her denial of class certification, saying the court had misread a statistical analysis by their expert witness.

  • December 6, 2018

    Calif. Bill Floated To Undo Dynamex Worker Classification Test

    California Assemblywoman Melissa Melendez has announced proposed legislation that would loosen the criteria employers use to classify workers as independent contractors, undoing the state Supreme Court’s landmark Dynamex decision from earlier this year.

  • December 6, 2018

    Huawei Exec's Arrest Just The Beginning, Attys Say

    The revelation this week that a high-level Huawei Technologies executive was arrested in Canada on U.S. charges was a bold move that likely bodes a major enforcement action against the Chinese telecommunications juggernaut, trade sanctions attorneys said.

  • December 6, 2018

    XPO Pregnancy Outcry Seen As 'Wake-Up Call' For Employers

    Shipping giant XPO Logistics is facing vocal criticism over allegations that it mistreated pregnant workers, underscoring the need for companies to do right by employees who are expecting. Here, experts share three tips for employers looking to follow the law and stay out of the headlines.

  • December 6, 2018

    Trump May Get Rude Awakening In China Trade Talks

    President Donald Trump has been taking a victory lap in the wake of his summit with Chinese President Xi Jinping by promising to deliver a bounty of new concessions to U.S. businesses, but the two sides are still far apart on a concrete agreement, and bridging that gap may prove more difficult than Trump anticipates.

  • December 6, 2018

    Proxy Firms Should Be Regulated, Senate Panel Hears

    A former U.S. Securities and Exchange Commission official and a business lobbyist on Thursday both told U.S. senators that proxy advisory firms should be scrutinized more closely given their influence over corporate elections, though a New York City assistant comptroller warned of overreach that could backfire against investors.

  • December 6, 2018

    DOJ's AT&T Appeal Needs Numbers, Not Theory: DC Circ.

    A D.C. Circuit panel appeared skeptical in oral arguments Thursday of the U.S. Department of Justice’s attempts to revive its challenge to AT&T’s Time Warner purchase, demanding numbers to back up economic theory and questioning whether a district judge’s factual findings crossed the line into clear, reversible error.

  • December 6, 2018

    Lyft Unveils Confidential SEC Filing Amid IPO Race With Uber

    Ride-sharing giant Lyft Inc. on Thursday gave the clearest sign yet that it intends to go public by filing a confidential draft registration statement with the U.S. Securities and Exchange Commission, escalating an ongoing race to the market with rival Uber Technologies Inc.

  • December 6, 2018

    Calif. Law At Issue As Qualcomm Fights Giant Class Cert.

    Qualcomm faces staggering potential liability thanks to a California federal court’s recent class certification covering cellphone buyers who say they were overcharged because of the company's licensing practices, with the judge's order potentially including nearly every cellphone owner in the United States. Here, Law360 looks at what's at stake as Qualcomm tries to appeal the decision.

  • December 6, 2018

    Actelion To Pay $360M To Resolve Copay Kickback Claims

    Swiss pharmaceutical giant Actelion will pay the government $360 million to settle charges it gave money to a copay assistance program to help Medicare patients buy its pulmonary arterial hypertension drugs, payments that amounted to an illegal kickback scheme, the U.S. Department of Justice announced Thursday.

  • December 6, 2018

    Data-Driven Lawyer: Ogletree's Evan Moses

    Ogletree's Evan Moses uses unconventional strategies to boost the firepower of his class action practice, including a homegrown Monte Carlo algorithm, earning him a spot on our 2018 list of Data-Driven Lawyers.

  • December 6, 2018

    Ex-Tesco Execs Acquitted Of Financial Fraud In Blow To SFO

    A London judge instructed jurors on Thursday to acquit two former Tesco executives accused of fraud and false accounting in a scandal that wiped nearly £2 billion ($2.6 billion) off the supermarket chain’s value, dealing a blow to the Serious Fraud Office’s prosecution.

Expert Analysis

  • Opinion

    Spearfishing Can Be Stopped Once You Remove The Bait

    Daniel Garrie

    A recent report from the U.S. Securities and Exchange Commission demonstrates that spearfishing email scams are rampant today, and that the current defenses are falling short. We have found one solution to be effective — remove the reply feature on employee email, say Daniel Garrie and Yoav Griver of Zeichner Ellman & Krause LLP.

  • FCPA Compliance 1 Year After DOJ Revised Policy

    Jack Sharman

    It has been a year since the U.S. Department of Justice made its Foreign Corrupt Practices Act pilot program permanent. The policy and the government's expectations indicate that the FCPA doesn't always connote mystery and complexity, say attorneys with Lightfoot Franklin & White LLC​​​​​​​.

  • Jurors Should Ask More Questions During Trials

    Matthew Wright

    Permitting jurors to submit written questions, or even to pose questions orally to witnesses on the stand, advances several important goals and promotes both fairness and efficiency, says Matthew Wright of McCarter & English LLP.

  • Opinion

    A Call For Nationwide Consistency On Noncompetes

    Steven Kayman

    There is something to be said for and against all of the various approaches taken to address the nettlesome problem of noncompetes. But little can be said to justify what we now have — a complex quilt work of varying laws and rules, say Steven Kayman of Proskauer Rose LLP and Lauren Davis, a law clerk with the New Jersey Superior Court​​​​​​​.

  • Calif. Ruling Dings Engagement Letter Arbitration Clauses

    Sharon Ben-Shahar Mayer

    The California Supreme Court's recent decision in Sheppard Mullin v. J-M Manufacturing has cast doubt on arbitration clauses in attorney engagement agreements, jeopardizing the efficient resolution of malpractice claims and fee disputes, say Sharon Ben-Shahar Mayer and Mark Drooks of Bird Marella Boxer Wolpert Nessim Drooks Lincenberg & Rhow PC.

  • 10 Things We Wish We Were Told When Going In-House

    Dana Lee

    Attorneys at Albert Einstein College of Medicine, Perkins Coie LLP and the Healthcare Association of New York State reflect on lessons they learned the hard way when transitioning to in-house counsel positions.

  • What To Know About DOL's Proposed Retirement Plan Rule

    Deborah Hembree

    A rule recently introduced by the U.S. Department of Labor addressing the multiple employer provisions of President Donald Trump's executive order on retirement regulations would provide clarity for employers, but the changes are not without limits, says Deborah Hembree of Constangy Brooks Smith & Prophete LLP.

  • The Virtual Law Team: Advantages For Litigants And Lawyers

    Jessica Cox

    The virtual law team was created as a necessary response to mass tort litigation — however, with advances in technology and ever-increasing specialization of the legal practice, the model should be considered in multiplaintiff litigation of any size, say attorneys at Faegre Baker Daniels LLP.

  • 5 Business Takeaways From The Midterms

    Mary Moore Hamrick

    Now that the midterms are over, business leaders have a little insight into the future of taxes, trade and other policy issues affecting the economy. Still, companies should remain agile as, come January, a new and divided Congress will begin to chart its course, says Mary Moore Hamrick of Grant Thornton LLP.

  • High Court Junk Fax Case Is Not Just About Junk Faxes

    David Gettings

    Depending on the U.S. Supreme Court’s eventual decision in PDR Network v. Carlton & Harris Chiropractic — a case involving junk faxes under the Telephone Consumer Protection Act — the outcome could have a profound impact on TCPA litigation nationwide, say David Gettings and Alan Wingfield of Troutman Sanders LLP.