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Corporate

  • September 14, 2018

    Och-Ziff Investors Win Cert. In Suit Over FCPA Probe

    A New York federal judge granted certification to a class of investors who allege Och-Ziff Capital Management Group LLC misled them about a Foreign Corrupt Practices Act investigation into the hedge fund's multimillion-dollar transactions in Africa.

  • September 14, 2018

    Trump Signs Bipartisan Bill Slashing Tariffs Through 2020

    President Donald Trump signed legislation on Thursday that will slash a slew of tariffs on certain foreign goods that don’t pose a threat to domestic producers as part of a bipartisan effort to help U.S. manufacturers affordably import raw materials.

  • September 14, 2018

    5 Tips To Help Employers Cope With Natural Disasters

    The battering that Hurricane Florence dealt to the southeastern United States should serve as a fresh reminder to employers that advance planning is an important aspect of handling the chaos that nature can cause, experts say. Here are five things employers should keep in mind when dealing with a natural disaster.

  • September 14, 2018

    Kimpton Data Breach Deal Rejected Over Settlement Cap

    A California federal judge has denied for the second time Kimpton Hotel & Restaurant Group LLC's settlement with a proposed class of consumers suing over a 2016 data breach, questioning whether the settlement with a cap of $600,000 is designed to fully compensate anyone who was injured.

  • September 14, 2018

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    Women's advocates told Congress the #MeToo movement needs the law's backing, Microsoft called for international agreements to protect consumer privacy and a panel participating in an American Bar Association webinar warned that BigLaw firms may have cyberattack targets on their backs. These are some of the stories in corporate legal news you may have missed in the past week.​

  • September 14, 2018

    Brand Battles: Starbucks Aims To Stop 'Anti-Semitic' Term

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Starbucks asks the board to block a mark it says has been used to "express extreme anti-Semitic views," college football powerhouse Ole Miss defends its "Hotty Toddy" chant, and Disney's Lucasfilm gets specific in a case over "Lightsabers."

  • September 13, 2018

    Ex-Uber Exec Blames Ex-PR Chief For Firing In New Suit

    A former top Uber executive in Asia sued the ride-hailing giant’s one-time public relations chief in California Superior Court in San Francisco County on Thursday, alleging she made misleading and disparaging remarks about him in violation of a nondisparagement agreement that caused him to get fired.

  • September 13, 2018

    Emory Workers Score Class Cert. In Retirement Savings Suit

    Emory University workers accusing the school of mismanaging their retirement savings won certification for a class of up to 45,000 participants Thursday after a Georgia federal judge found that those leading the suit had standing for their claims and could adequately represent the class.

  • September 13, 2018

    Google, Ad Cos. Accused Of Flouting EU Privacy Law

    Private web browser Brave is leading a push for the U.K. and Irish data protection commissioners to probe the practices of Google and other digital advertisers, alleging that the industry's broadcasting of personal data tied to targeted ads violates the European Union's General Data Protection Regulation.

  • September 13, 2018

    AB InBev’s Beer Recipes Aren’t Trade Secrets, 9th Circ. Told

    An ex-Anheuser-Busch InBev NV employee-turned-lawyer urged the Ninth Circuit on Thursday to reverse an order denying his bid to toss the brewer’s trade secrets suit against him under California’s Anti-SLAPP statute, arguing that the beer maker publicly posted a document with its beer recipes so they can’t be protectable trade secrets.

  • September 13, 2018

    Civil Rights Orgs Back EEOC In Background Check Policy Suit

    Several civil rights organizations have asked the Fifth Circuit to reinstate in Texas the enforcement of a U.S. Equal Employment Opportunity Commission guidance urging employers to limit their use of criminal background checks in hiring, asserting that the state didn’t have standing to challenge the matter in the first place.

  • September 13, 2018

    Crypto Investor Launches Suit Over ‘Bait-And-Switch’ Scheme

    An investor who plunked more than $5 million into a blockchain-based online sports wagering startup filed a shareholder lawsuit in Delaware’s Chancery Court against two company principals and an entity he claims was created to siphon off the original company’s assets and profits.

  • September 13, 2018

    Allergan Looks To Keep CEO's Tribal Patent Docs Out Of MDL

    Documents from Allergan Inc.’s CEO and general counsel on a deal transferring patents to a Native American tribe are at best “marginally relevant” to multidistrict litigation accusing the company of illegally delaying a generic version of dry-eye medication Restasis, the drugmaker told a New York federal judge Wednesday.

  • September 13, 2018

    Proposed Offshore IP Tax Rules To Treat Affiliates As Group

    The U.S. Department of the Treasury on Thursday issued proposed guidance indicating how the federal tax overhaul's global minimum tax on intangible income held offshore by U.S. corporations will work, including clarifying that affiliated companies will be treated as a consolidated group, but put off addressing foreign tax credit computations.

  • September 13, 2018

    Abercrombie Finds Former HSN Exec Right Fit For GC Role

    A former chief legal officer at HSN Inc. was named senior vice president and general counsel of Abercrombie & Fitch Co. on Thursday, according to the American retailer.

  • September 13, 2018

    21st Century Fox GC Plans Return To Williams & Connolly

    Twenty-First Century Fox Inc. Group General Counsel Gerson Zweifach on Thursday announced his plans to exit the media corporation, following the completion of its pending $71.3 billion transaction with The Walt Disney Co., and return to Williams & Connolly LLP.

  • September 13, 2018

    Trump Not In A Hurry To Broker Trade Peace With China

    President Donald Trump said Thursday that he is not rushing to hold new trade talks with Beijing as he signaled a willingness to forge ahead with his aggressive enforcement push that threatens to hit every product imported from China with hefty tariffs.

  • September 13, 2018

    NLRB Opts For Rulemaking To Craft Joint Employer Test

    The National Labor Relations Board on Thursday released a proposed rule that would roll back a controversial 2015 decision loosening the board's test for determining whether affiliated businesses are joint employers, turning to rulemaking after ethics questions torpedoed the NLRB's effort to undo the Obama-era ruling through case law.

  • September 12, 2018

    Facebook Hit With Derivative Suit Over Stock Shuffle Plan

    A pension fund hit Facebook’s board and CEO Mark Zuckerberg with a derivative shareholders lawsuit in Delaware Chancery Court on Wednesday, accusing them of unjustly spending massive amounts of money on a now-abandoned stock reclassification plan driven by Zuckerberg’s personal philanthropic agenda.

  • September 12, 2018

    Latvian Man Sentenced For U.S. News Site ‘Scareware’ Scam

    A Latvian man was sentenced Wednesday in Minneapolis federal court for his role in a lucrative “scareware” hacking that targeted visitors to the Minneapolis Star Tribune’s website, according to a U.S. Department of Justice announcement.

Expert Analysis

  • How Reckless Judicial Impeachments Threaten Rule Of Law

    Jan van Zyl Smit

    Judicial impeachment fever seems to be spreading through the states, with West Virginia legislators recently voting to remove their state's entire Supreme Court, and lawmakers in Pennsylvania and North Carolina threatening the same. These actions are a serious threat to judicial independence, says Jan van Zyl Smit of the Bingham Centre for the Rule of Law.

  • Series

    Judging A Book: Fogel Reviews 'Good Judgment'

    Judge Jeremy Fogel

    In this time of partisan conflict over judicial selection, a new book by Canadian jurist Robert J. Sharpe —​ "Good Judgment" — represents a refreshing, deeply thoughtful departure from binary arguments about how and why judges make decisions, says U.S. District Judge Jeremy Fogel, director of the Federal Judicial Center.

  • Federal Criminal Liability Confusion Under CFAA

    Jonathan Etra

    Two recent federal court decisions — Hamilton Group Funding v. Basel in the Southern District of Florida and Hill v. Lynn in the Northern District of Illinois — confirm just how broad and unpredictable the scope of the Computer Fraud and Abuse Act can be, say Jonathan Etra and Christopher Cavallo of Nelson Mullins Broad and Cassel.

  • Florida, We Have A Tax Problem: Inside The TCJA Review

    Mark Holcomb

    The Florida Department of Revenue has been reviewing the impact of the Tax Cuts and Jobs Act on Florida's corporate income taxpayers. Attorneys at Dean Mead Egerton Bloodworth Capouano & Bozarth PA delve into the most pressing issues discussed at last week's public meeting on the nexus of federal and state tax reform.

  • 10 Ways To Prevent E-Discovery Woes

    Debbie Reynolds

    E-discovery is not easy, but employing these 10 strategies may help minimize future headaches, say Debbie Reynolds and Daryl Gardner of EimerStahl Discovery Solutions LLC.

  • Examining Class Cert. At 9th Circ. After Sali Ruling

    Dyana Mardon

    In Sali v. Corona Regional Medical Center the Ninth Circuit recently ruled that evidence offered in support of class certification need not be admissible at trial. Attorneys with Foley & Lardner LLP discuss the Sali court’s analysis and holding, how the decision directly conflicts with most other circuits, and its likely impact on class action defendants.

  • Travel Act Gets Mileage In Health Care Cases

    Bradley Smyer

    In U.S. v. Beauchamp, a Texas surgeon recently agreed to plead guilty to federal conspiracy and violation of the Travel Act for his role in an alleged scheme involving millions of dollars in bribes and kickbacks for patient referrals. The case confirms that the Travel Act has officially come to health care enforcement, say Bradley Smyer and Mia Falzarano of Alston & Bird LLP.

  • An Important New Resource On Human Rights Compliance

    Viren Mascarenhas

    As compliance with human rights standards becomes more of a centralized priority for companies, new guidance from the Organization for Economic Cooperation and Development will be instrumental in helping companies conduct business responsibly, say Viren Mascarenhas and Kayla Winarsky Green of King & Spalding LLP.

  • Employee Arbitration Agreement Enforcement: What's Ahead?

    John Lewis

    With the U.S. Supreme Court's recent Epic Systems decision and the Sixth Circuit's recent ruling in Gaffers v. Kelly Services, employers have won major battles over the enforcement of arbitration agreements with class waivers. However, skirmishes in this area continue on different issues and in different venues, say John Lewis and Gregory Mersol of BakerHostetler.

  • Why Courts Should Apply Escobar In Criminal Cases

    Antonio Pozos

    In the two years since the U.S. Supreme Court's Escobar decision set off waves of litigation over materiality in civil False Claims Act cases, it has largely failed to gain traction in criminal fraud prosecutions. However, the ruling has broad implications in criminal law, say Antonio Pozos and Mark Taticchi of Drinker Biddle & Reath LLP.