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  • November 28, 2018

    IRS Rules Threaten Broad Reach For Interest Deduction Cap

    A limitation that U.S. lawmakers placed on business’ ability to write off interest paid on loans may become even more restrictive under an expanded definition of interest recently proposed by the U.S. Department of the Treasury.

  • November 28, 2018

    Ex-AmQuip Worker Breached Loyalty Despite No Noncompete

    A Pennsylvania appeals court on Tuesday agreed that even in the absence of a formal noncompete agreement, an ex-AmQuip Crane Rental employee violated his common law duty of loyalty by urging customers to move their business to a competitor he later joined.

  • November 28, 2018

    9th Circ. Revives Intel Retirement Fund Fight

    The Ninth Circuit revived claims that Intel Corp. unwisely invested workers' retirement savings on Wednesday, saying a California federal judge used an incorrect interpretation of a term when deciding that the claims were time-barred.

  • November 28, 2018

    Chamber, Trade Groups Back FERC At DC Circ. Over Pipeline

    The U.S. Chamber of Commerce and oil and gas trade groups have urged the D.C. Circuit to rule that the Federal Energy Regulatory Commission properly approved the $3.5 billion Mountain Valley gas pipeline project, saying the agency wasn’t required to analyze downstream greenhouse gas emissions as part of its National Environmental Policy Act review.

  • November 28, 2018

    High Court Urged To Undo Cravath Shell Doc Decision

    A Nigerian activist’s widow on Wednesday asked the U.S. Supreme Court to review the Second Circuit’s decision barring her from obtaining Royal Dutch Shell documents held by Cravath Swaine & Moore LLP for her suit against the energy giant in the Netherlands.

  • November 28, 2018

    Jury Clears Tata Of U.S. Workers' Discrimination Claims

    A California federal jury on Wednesday cleared Tata Consultancy Services Ltd. of certified class allegations that the Mumbai, India-based information technology outsourcing agency discriminates against non-South Asian workers in the U.S.

  • November 28, 2018

    Intel Says Engineer Took 'Revolutionary' Secrets To Micron

    An engineer working on a secretive project for Intel Corp. stole sensitive technical and personnel information before jumping ship for rival computer chipmaker Micron Technology Inc., the Silicon Valley company said in a lawsuit filed Tuesday.

  • November 28, 2018

    Merck Tells Justices Misconduct Doesn’t Nix $200M IP Award

    The Federal Circuit’s extension of a so-called unclean hands defense to wipe out a $200 million patent verdict Merck won against Gilead over hepatitis C drugs after a Merck in-house attorney purportedly exhibited "dishonest and duplicitous" behavior conflicts with U.S. Supreme Court precedent, Merck told the high court Tuesday.

  • November 28, 2018

    4 Questions About The Arrest, Firing Of Nissan's Chairman

    Nissan Motor Co. and Mitsubishi Motors Corp.’s abrupt dismissal of Chairman Carlos Ghosn over alleged financial misdeeds has sparked a host of questions about the downfall of a prominent automotive industry leader and what’s next for the companies he led.

  • November 28, 2018

    NLRB OKs Micro-Unit In Twist To Precedent-Changing Case

    The National Labor Relations Board on Wednesday approved a regional official's decision letting a portion of workers at metal company PCC Structurals form a union, bringing an ironic end to the case the board used to make it harder for workers to organize into so-called micro-units last year.

  • November 27, 2018

    US Indicts 8 In $36M Online Ad Scams Google Helped Expose

    The U.S. Justice Department charged eight people from Russia and Eastern Europe in New York federal court on Tuesday in connection with two international cyber-schemes that duped online advertisers out of more than $36 million — the result of a multiyear investigation aided by Google and other private companies.

  • November 27, 2018

    Lyft Leveraging Dearth Of Arbitration Ethics Rules In DQ Push

    After a long fight to push driver wage disputes into arbitration, ride-share giant Lyft is hoping an absence of clear rules in that forum around attorney conduct issues will encourage a California federal judge to throw a blanket disqualification over one plaintiffs firm, experts said.

  • November 27, 2018

    GCs Shining Light On Their Management Chops

    Tens of thousands of general counsels across the United States are more likely to cite management skills than legal prowess in their online profiles as the role of GC continues to evolve, according to a report released Tuesday.

  • November 27, 2018

    SEC Hasn't Shown Crypto Tokens Are Securities, Judge Says

    A California federal judge on Tuesday denied the U.S. Securities and Exchange Commission's preliminary injunction bid against a cryptocurrency company accused of planning to fraudulently raise money in an initial coin offering, saying the regulator has failed to definitively show the tokens are securities.

  • November 27, 2018

    KPMG Workers Urge Court To Certify Sex Bias Action

    A group of female KPMG LLP tax and advisory workers accusing the firm of maintaining a set of policies and practices that work to depress women's salaries and deny them promotions urged a New York federal court Tuesday to certify their long-running class and collective action.

  • November 27, 2018

    Justices Weigh Missed Deadline In Nutraceutical False Ad Suit

    The U.S. Supreme Court on Tuesday mulled whether a situation would have to be as unique as a Martian attack to create an exception for missing a deadline to appeal the decertification of a class of buyers alleging that Nutraceutical Corp. falsely advertised its Cobra Sexual Energy "aphrodisiac" supplement.

  • November 27, 2018

    Pa. Ruling May Open Floodgates On Cybersecurity Suits

    A recent Pennsylvania Supreme Court ruling opening one of the state's largest private employers up to possible liability for a cyberattack that compromised personal data of tens of thousands of workers has attorneys warning of a potential flood of new privacy lawsuits from employees and consumers alike.

  • November 27, 2018

    Corp. Law Departments Say Legal Needs Will Rise In 2019

    In a departure from previous years, corporate law departments' total legal spending rose by 5 percent from 2016 to 2017, and the vast majority of law departments are eyeing an increase in their legal needs over the next year, according to a new survey released on Tuesday.

  • November 27, 2018

    Long-Discussed Retirement Provisions Make It Into Tax Bill

    Tax legislation introduced Monday borrows heavily from a long-circulating bipartisan retirement bill that seeks to expand the use of certain retirement-savings vehicles, allow employers to automatically enroll workers in retirement plans and shield plan sponsors from fiduciary liability when selecting annuity contracts, among other retirement-related goals.

  • November 27, 2018

    Uber Faces Over $1M In UK, Dutch Fines Over Data Breach

    Uber was hit with fines of almost $1.2 million from British and Dutch privacy watchdogs Tuesday over a 2016 data breach of millions of customer records.

Expert Analysis

  • Top 10 Employer Takeaways From Midterm Election Results

    Richard Meneghello

    In Tuesday's midterm elections, Democrats recaptured the House for the first time in eight years while Republicans retained and strengthened their grip on the Senate. Richard Meneghello and Benjamin Ebbink of Fisher Phillips break down what this means for employers.

  • Opinion

    Time To Reclaim Wellness For All Lawyers

    Leesa Klepper

    The decision last month by Baker McKenzie’s global chairman to step down due to exhaustion indicates that the legal profession needs to mount a broader wellness effort to address long hours, high stress, frequent travel and the daily demands of practice, says Leesa Klepper, director of Thrivewell Coaching.

  • An Update On Enforcing Arbitration Of ERISA Claims

    Dylan Rudolph

    When are fiduciary breach claims under the Employee Retirement Income Security Act susceptible to arbitration? Dylan Rudolph and Brian Murray of Trucker Huss APC discuss the state of the law and offer thoughts on certain elements that plan sponsors should consider.

  • Surveying The State Of Workplace Harassment Investigations

    Jason Schwartz

    We recently reviewed for-profit companies that investigated workplace harassment allegations over the past six years and examined how they handled the release of information. Our findings reveal emerging trends and considerations for companies deciding whether to release post-investigation reports, say attorneys with Gibson Dunn & Crutcher LLP.

  • Roundup Verdict Points To Jury Realities In Product Cases

    Matthew Gatewood

    A California jury was recently asked to determine whether the popular herbicide Roundup causes cancer. The case demonstrates how jurors often must draw conclusions on unresolved scientific issues, and how manufacturers that ignore complaints about product risks will struggle to overcome the image of corporate irresponsibility at trial, say attorneys with Eversheds Sutherland LLP.

  • Addressing Workplace Misconduct With Exec Compensation

    Excerpt from Lexis Practice Advisor
    John Utz

    Compensation committees may find value in reflecting a new public attitude toward workplace sexual misconduct in the structure of their companies’ executive pay programs. John Utz of Utz & Lattan LLC discusses how employers can design compensation packages to discourage or censure such misconduct.

  • Justices Seem Open To Class Cy Pres Awards, Occasionally

    Irving Scher

    It appeared from the U.S. Supreme Court arguments in Frank v. Gaos that the majority of the court would approve 100 percent cy pres settlements, but under extremely limited circumstances, says Irving Scher of Hausfeld.

  • C-Corps Exempt From Full Scope Of Foreign Income Inclusion

    Stanley Ruchelman

    Now that certain U.S. corporations can receive tax-free dividends by reason of the 100 percent dividend received deduction, the IRS has determined — according to guidelines released Oct. 31 — that Section 956 should also not be applied where a dividend would not be taxed, says Stanley Ruchelman of Ruchelman PLLC.

  • Fiscal Sponsorship: Opportunities And Risks For Nonprofits

    George Constantine

    As the time and hassle of obtaining tax-exempt status increase, the charitable-minded are turning to "fiscal sponsorships" as an alternative. A well-drafted agreement that clearly defines each organization's role is key to obtaining the desired tax treatment, say George Constantine and Christopher Moran at Venable LLP.

  • When Realities Test The Limits Of Your FCPA Program

    Joseph Moreno

    Experienced practitioners are well-aware of the dangers of having a one-size-fits-all Foreign Corrupt Practices Act compliance policy that is oblivious to the realities of the company’s risk profile and business activities. Attorneys with Cadwalader Wickersham & Taft LLP offer tips on when to be flexible and when to stand your ground.