• December 5, 2017

    Boss’ Actions ‘Vile’ Enough For $1.3M Award: Calif. Court

    A California state appeals court on Monday affirmed a $1.325 million verdict for a former self-storage clerk who alleged she was fired for getting pregnant, saying a jury fairly found her former boss acted with malice by obscuring that she was let go for filing a claim over reduced hours.

  • December 5, 2017

    OSHA Nominee Backs Criminal Penalties During Hearing

    President Donald Trump’s pick to lead the Occupational Safety and Health Administration told a panel of senators Tuesday that he would consider pursuing criminal penalties against certain egregious workplace safety violators but stopped short of promising an increased effort to publicize violations through agency-issued press releases.

  • December 5, 2017

    Merck Aims To Sink Cert In $250M Sex Bias Class Action

    Merck & Co. Inc. urged a New Jersey federal court Monday to knock down a class certification bid from female former sales representatives in their $250 million gender discrimination suit against the company, saying their actual claims have nothing to do with the purported class theory.

  • December 5, 2017

    EU Adopts Rules To Revamp VAT System For Online Sales

    The Council of the European Union on Tuesday adopted regulations to overhaul its antiquated value-added tax system so that certain online sales from countries outside the EU no longer will be exempt from the tax and to reduce compliance costs for businesses.

  • December 5, 2017

    Tax Pro Sees Threat To Global Tax Break From Senate Patch

    An 11th-hour addition to the Senate's tax overhaul could threaten a key Republican goal with tax reform — ending the worldwide taxation of U.S. companies — according to a leading tax practitioner.

  • December 4, 2017

    Targeted Bill Could Bring First Broad Changes To Dodd-Frank

    A Senate panel on Tuesday is set to mark up bipartisan legislation that would ease certain Dodd-Frank rules for community banks and shrink the number of big banks subject to tougher supervision, marking the first legislative effort to roll back post-financial crisis rules that has a potential path to success.

  • December 4, 2017

    CVS, Aetna Seek Health Care Industry Shakeup With Megadeal

    CVS Health’s acquisition of Aetna sets the health care industry on a potentially transformative path and highlights the urgency with which companies are attempting to grow in order to combat competitors, and while the transaction doesn’t set off the traditional antitrust alarm bells, there are still reasons regulators might be wary.

  • December 4, 2017

    NLRB's New GC Puts Out List Of Policies To Be Reviewed

    The National Labor Relations Board’s new top attorney took a step toward undoing many of the board’s more controversial recent decisions Friday, asking the agency’s regional offices to send him cases involving certain priority issues such as handbook rules and the scope of federal protections for workers’ concerted activities.

  • December 4, 2017

    Waymo Jury Could Hear Uber ‘Hid The Ball’ In Discovery

    A California federal judge wants to know whether Uber should have given Waymo an ex-employee’s letter alleging a corporate culture of secrecy, saying at a hearing Monday he’d have to tell the jury in the hotly anticipated trial over self-driving car trade secrets if there were attempts to “hide the ball” during discovery.

  • December 4, 2017

    Burberry Escapes Class Action Over Pricing At Outlets

    Burberry on Friday won out of a suit brought by a proposed class of shoppers who claim the luxury retailer’s outlet stores misled them into believing they were purchasing goods at a bargain, as a New York federal judge ruled the consumers did not suffer an actual injury.

  • December 4, 2017

    Tax Pros Think Supreme Court Won't Take On Quill

    Hopes for long-sought clarity in the battle between states and retailers over the collection of sales taxes for online purchases will likely be dashed, a panel of experts said Monday, predicting the Supreme Court is not likely to grant petition of certiorari to hear South Dakota v. Wayfair.

  • December 4, 2017

    ESPN Ruling Further Narrows Video Privacy Law's Reach

    The Ninth Circuit’s recent ruling that ESPN didn't violate the Video Privacy Protection Act by disclosing app users’ data to an analytics company deals yet another blow to plaintiffs’ efforts to expand liability under the statute to cover streaming services and other new technologies, attorneys say.

  • December 4, 2017

    15 Minutes With The AMA's General Counsel

    Brian D. Vandenberg took over as general counsel and senior vice president of the American Medical Association in February, bringing to the role a background in working for companies at the intersection of health and innovation.

  • December 4, 2017

    DOL Proposes Rolling Back Obama-Era 'Tip Pool' Rule

    The U.S. Department of Labor on Monday proposed rolling back a rule that blocks employers from taking some service workers’ tips to share with non-tipped staff, citing Supreme Court petitions regarding the controversial Obama-era rule and uncertainty about the agency’s authority to issue it.

  • December 2, 2017

    Senate Passes $1.4 Trillion Tax Cut Legislation

    The U.S. Senate passed an expansive tax cut bill early Saturday that is projected to add more than $1 trillion to the deficit, after garnering enough support from faltering and fiscally conservative Republicans.

  • December 1, 2017

    Moosejaw, Casper Use Firm To Wiretap E-Visitors, NYer Says

    Days after lobbing wiretapping claims at mattress seller Casper, a New York resident hit Moosejaw and an online marketing company with a substantially similar proposed class action Thursday alleging that the outdoor retailer’s website secretly tracked visitors’ keystrokes and clicks in the hopes of uncovering their identifying information.

  • December 1, 2017

    Noncompete Roundup: Developments You Might Have Missed

    Attorneys looking to stay abreast of the legal landscape surrounding noncompete agreements had their hands full over the last six months, with new legislation popping up in New Jersey and Pennsylvania, court rulings coming down on LinkedIn solicitations and injunctions, and Illinois' attorney general setting her sights on noncompete pacts for low-wage workers. Here, experts identify developments from the second half of 2017 that lawyers who deal with restrictive covenants ought to have on their radar.

  • December 1, 2017

    Media Co. Hit With Suit Over Scanning Workers' Fingerprints

    Multimedia Sales & Marketing Inc. has been slapped with a proposed class action in Illinois court alleging the company has been requiring its employees to clock in and out of work by scanning their fingerprints without their prior approval, in violation of the state's Biometric Privacy Act.

  • December 1, 2017

    Google Nears Win In Gender Pay Row, But Fight To Continue

    A California state judge on Friday said that she will probably toss a California Equal Pay Act putative class action alleging that Google Inc. pays women less than men who do the same work, but said she will let the three plaintiffs amend their complaint to add specifics to their allegations.

  • December 1, 2017

    Brand Battles: 'Call Of Duty' Takes Aim At 'Call Of Booty'

    In Law360’s latest roundup of new actions at the Trademark Trial and Appeal Board, "Call of Duty" owner Activision takes aim at a "Call of Booty" name, Facebook continues to target "-book" marks, and New York City's Bryant Park becomes the center of a trademark dispute.

Expert Analysis

  • Lies, Damn Lies And The Lying Investigators Who ‘Pretext’

    Peggy Daley

    The investigators who took on the Harvey Weinstein “pretexting” assignment — who knowingly agreed to befriend and lie to sexual assault victims in order to tarnish their reputations — need to take a long, hard look in the mirror. And then, they must get out of the private investigations business, says Peggy Daley of Berkeley Research Group LLC.

  • Congressional Forecast: December

    Richard Hertling

    Members of Congress face a daunting to-do list in the final weeks of 2017. While some believe a looming deadline will help get things done, there is worry on Capitol Hill that the legislative pileup and long-simmering partisan battles on major budget and policy issues have created a prime opportunity for political brinkmanship to paralyze the high-stakes negotiations, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • Series

    40 Years Of FCPA: The Strange Case That Started It All

    Burton Wiand

    At the U.S. Securities and Exchange Commission in April 1978, we filed a case against Page Airways and envisioned the trial of a precedent-setting enforcement action that would have defined Foreign Corrupt Practices Act standards at an early stage. Instead, the matter was settled under circumstances that I am sure are unique in SEC history, says Burton Wiand of Wiand Guerra King PA.

  • Key Areas For Reviewing Software-As-A-Service Agreements

    Jane Song

    Agreements for software-as-a-service are often provider favorable and not subject to much negotiation. Still, customers should focus on material areas and attempt to improve on the key terms and conditions present in such agreements, say Jane Song and Ryan Enchelmayer of Paul Hastings LLP.

  • The Billing Evolution: How Far Along Is Your Firm?

    Sharon Quaintance

    In a recent study, 20 out of 25 law firms surveyed have made billing process improvement a top priority for 2018. Firms can foster consistency and increase efficiency at all stages of their billing cycle by focusing on a few specific procedures, say Sharon Quaintance and Christine Indiano at HBR Consulting.

  • Take Me To Your (Joint Venture) Leader

    Stephen Glover

    There are several different approaches to selecting the CEO and other senior executives of a joint venture. The challenge for venture parties and their advisers is to select an approach and adapt it to suit their particular circumstances, say Stephen Glover and Alisa Babitz of Gibson Dunn & Crutcher LLP.

  • Regulators, Whistleblowers And The Paradise Papers

    Adam Pollock

    Clients of "Paradise Papers" law firm Appleby Global should now expect that tax authorities in the U.S., the U.K. and elsewhere will closely scrutinize the leaked documents for evidence of tax evasion. And individuals with inside information that sheds further light on these cases stand to reap sizable rewards by filing qui tam actions, says Adam Pollock of Ford O'Brien LLP.

  • Avoiding A Liability-Induced Holiday Party Hangover

    Christine Samsel

    Office holiday parties can boost employee morale and demonstrate employee appreciation. However, there are inherent risks that come with any company-sponsored party, particularly during the holidays and when inhibitions are lowered with alcohol and a festive atmosphere, say Christine Samsel and Hannah Caplan of Brownstein Hyatt Farber Schreck LLP.

  • 10 Tips For Effective Practice Before The 5th Circ.

    Justin Woodard

    The Fifth Circuit is among the busiest federal circuit courts in the country. What can you do to increase your chances of reaching oral argument? And if given the opportunity, how can you present a persuasive argument? Former Fifth Circuit clerk Justin Woodard, an associate at Jones Walker LLP, shares some advice.

  • Preparing Your Company Witnesses For The Gotcha Question

    Matthew Keenan

    Catching a witness flat-footed on an important topic is no longer confined to cable news, and corporate legal defenses can likewise die when witnesses profess ignorance on things that jurors believe they should know. However, employing some common sense tools can minimize potential harm, says Matthew Keenan of Shook Hardy Bacon LLP.