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Corporate

  • December 5, 2018

    Tesla Faces Securities Suit Over $1.8B Bond Offering

    A pension fund’s proposed class action alleging Tesla Inc., its CEO Elon Musk and several big banks acting as underwriters misled investors about a $1.8 billion bond offering was removed from California state court Tuesday.

  • December 5, 2018

    Restaurant Groups Call Foul On NYC's Fair Workweek Law

    Three restaurant industry groups have lobbed a challenge against New York City’s Fair Workweek Law requiring fast-food businesses to give employees a two-week advance notice of work schedules, urging a state court to declare that state labor law governs restaurant scheduling.

  • December 5, 2018

    China Breaks Silence, Intends To Move Fast On Trade Talks

    The Chinese government on Wednesday broke its relative silence regarding the handshake agreement between President Donald Trump and President Xi Jinping last week, vowing to quickly make policy changes in areas in which it reaches consensus with U.S. negotiators.

  • December 5, 2018

    Data-Driven Lawyer: Kilpatrick Townsend's Kate Gaudry

    Kilpatrick Townsend’s Kate Gaudry has used data analytics to supercharge her patent prosecution practice, uncover winning strategies for portfolio management and expose a secretive U.S. Patent and Trademark Office program, earning her a spot on our 2018 list of Data-Driven Lawyers.

  • December 4, 2018

    'I Am Not Co-Plaintiff Counsel,' Judge Scolds At Walmart Trial

    Counsel for a class of Walmart workers seeking more than $200 million for missed meal breaks and incomplete pay stubs was chastised by U.S. District Judge Lucy Koh at the end of a bench trial Tuesday for asking her to look for evidence in the record, at one point snapping, "I am not co-plaintiff counsel.”

  • December 4, 2018

    DOL's Teen Workers Data Misleading, Think Tank Says

    The U.S. Department of Labor misconstrued a survey it used to justify proposing a rollback of a rule limiting the work teenagers can perform in nursing homes and hospitals, the National Employment Law Project said Monday, touting its copy of data it said the agency withheld.

  • December 4, 2018

    5 Key Questions As DOJ Torpedoes Gilead FCA Suit

    The U.S. Department of Justice’s bombshell move to let Gilead Sciences Inc. escape a multibillion-dollar False Claims Act suit is sparking speculation about the DOJ’s motivations and the implications for similar suits alleging regulatory violations. Here are five important questions raised by the DOJ’s move.

  • December 4, 2018

    Amazon Can't Duck Bias Claims Over Job Ads, Judge Hears

    Amazon, T-Mobile and other national employers violated age bias laws by aiming Facebook job ads at younger workers even if they didn’t block older workers from applying, three older job seekers said Monday in a memo urging a California federal judge not to dismiss their proposed class suit.

  • December 4, 2018

    NLRB Memo OKs Withholding Tax Break Info From Union

    The National Labor Relations Board general counsel's office unveiled two advice memos Monday, including one finding that Nexstar Media Group Inc. didn’t break labor law by refusing to tell a union how much the company saved because of the federal government’s recent tax overhaul and how it would use that money.

  • December 4, 2018

    In AT&T Round 2, Attys Say DOJ Swinging At Air

    The U.S. Department of Justice will try to convince a D.C. Circuit panel Thursday to revive its challenge to AT&T’s purchase of Time Warner, in what experts say is a fight the DOJ has little chance of winning.

  • December 4, 2018

    AOL Successor Pays NY $4.95M In Largest-Ever COPPA Deal

    AOL’s successor has agreed to pay $4.95 million to resolve allegations that the online service provider violated the Children’s Online Privacy Protection Act, marking the largest-ever penalty in a COPPA enforcement matter in U.S. history, according to the New York Attorney General’s Office Tuesday.

  • December 4, 2018

    Charter Asks Full 9th Circ. To Nix Bias Suit, Cites Constitution

    Charter Communications urged the full Ninth Circuit on Monday to reconsider a panel ruling that the cable provider must face claims it declined a deal with a black-owned production firm due to racial bias, hinting at “irreparable damages to First Amendment protections for editorial decisions.” 

  • December 4, 2018

    Airline Group Urges Justices To Hear Wash. Family Leave Row

    A leading airlines lobbying group on Monday urged the U.S. Supreme Court to reverse an en banc Ninth Circuit decision that an Alaska Airlines flight attendant’s fight to use accrued vacation days for family medical leave purposes wasn’t preempted by federal law.

  • December 4, 2018

    Data-Driven Lawyer: Littler's Scott Forman

    Littler Mendelson PC shareholder Scott Forman's innovative case management platform helps his firm analyze litigation data, craft defense strategies, predict outcomes and greatly reduce client costs, earning him a spot on our 2018 list of Data-Driven Lawyers.

  • December 4, 2018

    MasterCard Facing $650M Fine In EU Swipe Fee Probe

    MasterCard Inc. said Tuesday it expects to see a $650 million fine from Europe's antitrust enforcer as it nears a deal to wrap up the watchdog's investigation over fees charged to European-area retailers that accept tourists' credit and debit cards.

  • December 3, 2018

    Marriott Hack Shows Risks Of Lax Cyber Diligence In Mergers

    When hotel giant Marriott International Inc. merged with rival Starwood Hotels in 2016, it also unwittingly bought a reservation database where the company said Friday intruders were lurking undetected, illustrating the risks of missing cybersecurity gaps during due diligence.

  • December 3, 2018

    Justices Eye Scope Of Liability In SEC Copy-Paste Case

    U.S. Supreme Court justices zeroed in on distinctions between conduct and statements during oral arguments Monday in a closely watched appeal that pits an investment banker against the U.S. Securities and Exchange Commission and tests the limits of so-called scheme liability in securities fraud cases.

  • December 3, 2018

    Gov’t Told To Say Why CVS-Aetna Deal Needs Quick Wrap-Up

    A D.C. federal judge rebuked the U.S. Justice Department on Monday for trying to speed through the CVS-Aetna merger before he carried out his role in clearing the deal.

  • December 3, 2018

    Marriott Hit With Multiple Suits After Massive Data Breach

    Marriott International Inc. has been hit with at least a dozen putative class actions in U.S. federal and Canadian courts by customers who said their privacy was violated by a massive data breach affecting 500 million guests and by a shareholder who alleged the company falsely inflated its cybersecurity bona fides.

  • December 3, 2018

    High Court Leaves Title VII LGBT Bias Petitions In Limbo

    The U.S. Supreme Court on Monday took a closely watched trio of petitions asking whether federal workplace discrimination law protects LGBT workers off its calendar, just hours after indicating that the high court was poised to consider whether to take those cases up. 

Expert Analysis

  • Emerging Cybersecurity Threats In The Legal Industry

    Michael Hall

    Predicting how the cybersecurity landscape will develop is critical for any organization wanting to mitigate the risk of the inevitable future attack. Michael Hall of HighQ Solutions Ltd. discusses five threats to look out for in the next 12 months.

  • Perspectives

    Class Cy Pres Settlements Are A Troubling Practice

    Mary Massaron

    Class actions are often touted as a powerful mechanism for access to justice, but is this true when there is zero chance of recovery for class members? asks Mary Massaron, a partner at Plunkett Cooney PC and former president of Lawyers for Civil Justice.

  • Rise Of The CMOs

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    Joshua Peck, incoming marketing director of Hill Wallack LLP, traces the evolution of the chief marketing officer position at law firms and shares insights from three legal marketing pioneers.

  • 10 Pitfalls For Shareholder Derivative Litigants

    Bryan Ketroser

    The shareholder derivative action is riddled with traps for the unwary. Time and again, I have seen litigators represent both nominal and individual defendants, only to get caught flat-footed when the conflict and case law are pointed out to them, says Bryan Ketroser of Alto Litigation PC.

  • Can Canadians Enter US For Cannabis-Related Business?

    Scott Bettridge

    The recent legalization of cannabis in Canada can have a significant impact on Canadian citizens employed in related industries that seek admission into the United States. Scott Bettridge of Cozen O’Connor discusses some of the hurdles these professionals may face.

  • Prospects For Tax Policy In The 116th Congress

    Evan Migdail

    Now that the results of the 2018 election are (mostly) in, Evan Migdail and Melissa Gierach at DLA Piper LLP consider what a Democratic House, Republican Senate and Trump administration may be able to accomplish in the way of tax policy during the lame-duck session and the upcoming 116th Congress.

  • Why Midterms Will Have Little Effect On Audit Regulation

    Robert Cox

    The 2018 midterm elections will cause big shake-ups in the House Financial Services Committee and the Senate Banking, Housing and Urban Affairs Committee. However, new audit regulations will likely be driven by the Public Company Accounting Oversight Board and not by Congress, says Robert Cox of Briglia Hundley PC.

  • High Court May Dim Lights On Class Arbitration In Lamps Plus

    Adam Primm

    Following recent U.S. Supreme Court oral arguments in Lamps Plus v. Frank Varela, the Ninth Circuit’s decision in the case appears to be facing an uphill battle to uphold the authorization of class arbitration, say Adam Primm and Peter Kirsanow of Benesch Friedlander Coplan & Aronoff LLP.

  • Q&A

    A Chat With Bryan Cave Innovation Chief Katie DeBord

    Katie DeBord

    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 Katie DeBord, chief innovation officer at Bryan Cave Leighton Paisner LLP.

  • Simple Secrets For Improving Your CLE

    Daniel Karon

    With few cases going to trial, many attorneys keep their oral-presentation skills sharp by teaching continuing legal education programs. To avoid giving a CLE that falls flat and damages your reputation, you must fashion a thoughtful message, control its presentation, and nail the beginning and ending, says Daniel Karon of Karon LLC.