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Corporate

  • 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.

  • June 12, 2018

    Yahoo Hit With £250K Fine Over 2014 Data Breach

    Britain's data protection watchdog said Tuesday that it has fined Yahoo £250,000 ($334,000) for security lapses that were exploited in a 2014 data breach that exposed the personal data of around 500 million account holders worldwide, days after Yahoo's lead European regulator said the internet company flouted EU law in how it handled the episode.

  • June 12, 2018

    AT&T, Time Warner Merger Cleared, DOJ Warned Against Stay

    AT&T can complete its $85 billion purchase of Time Warner in a major transformation of the pay-TV landscape, a D.C. federal judge ruled Tuesday, rejecting U.S. Department of Justice efforts to block the merger and warning that blocking it pending appeal would be an “injustice.”

  • June 11, 2018

    China Agritech May Drive Class Members To Court Early, Often

    The U.S. Supreme Court gave companies some relief Monday when it ruled that plaintiffs can't file follow-on class actions after the statutory deadline has expired, but that relief could be short-lived if plaintiffs respond by taking more actions in the cases they're involved in to preserve their rights.

  • June 11, 2018

    Saks Hit With Class Action Over 'Notorious' Hackers' Breach

    Saks & Co. got slapped with a proposed class action in California federal court Friday that accuses the retailer of failing to protect its customers’ credit and debit card numbers from a data breach engineered by a “notorious hacking group” that allegedly attacked nearly all of Saks’ point-of-sale systems in March.

  • June 11, 2018

    Seattle Council Set To Kill New Tax On Employee Hours

    The Seattle mayor and a majority of City Council members said Monday that they intend to consider legislation Tuesday repealing an annual $275-per-employee tax on companies making more than $20 million a year, a measure that passed just last month.

Expert Analysis

  • 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.

  • Epic Systems V. Lewis: PAGA's Epic Demise?

    Thea Rogers

    In light of the U.S. Supreme Court's recent decision in Epic Systems v. Lewis, California employees and lawyers are likely to question whether representative actions brought under the state's Private Attorneys General Act are now similarly waivable through arbitration agreements, says Thea Rogers of Elkins Kalt Weintraub Reuben Gartside LLP.

  • Opinion

    Why Widespread Use Of Live Video Testimony Is Not Justified

    Geoffrey Wyatt

    Despite the partiality some courts have shown to live video testimony, it provides no advantages — and several disadvantages — over the tried-and-true method of videotaped depositions, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • An Old 'New' Defense To IRS Penalties

    Tom Cullinan

    Nearly 20 years after Congress enacted Internal Revenue Code Section 6751, requiring written supervisory approval of penalty determinations, recent decisions have established the statute as the first line of defense against IRS penalties. Corporate taxpayers, partnerships and other entities, however, must be mindful of timing when challenging Section 6751 compliance or risk waiving this defense altogether, say Thomas Cullinan and Rebecca Stork of Eversheds Sutherland LLP.

  • Series

    Judging A Book: Wallach Reviews 'Uncivil Warriors'

    Judge Evan Wallach

    "Uncivil Warriors: The Lawyers' Civil War," by Peter Hoffer, is a new book about the involvement of lawyers on both sides in the American Civil War. The discussion is enlightening and often fascinating, but falls short in several key areas, says Federal Circuit Judge Evan Wallach.

  • Epic Systems May Point To Fate Of 'Lamps Plus' At High Court

    Ryan Bates

    If the U.S. Supreme Court affirms the Ninth Circuit's decision in Lamps Plus v. Varela, plaintiffs subject to arbitration agreements that are silent on class issues could find a “back door” into class arbitration. This begs the question: Does the high court's recent Epic Systems decision hint as to how it may decide Lamps Plus? asks Ryan Bates of Hunton Andrews Kurth LLP.