• 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.

  • December 1, 2017

    Justices To Hear Appeal In Tesla Unit Antitrust Suit

    The U.S. Supreme Court agreed Friday to hear the appeal of an Arizona utility that wants to immediately challenge a lower court's determination the power company must face an antitrust suit brought by Tesla subsidiary SolarCity Corp.

  • December 1, 2017

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    Wisconsin Democratic Sen. Tammy Baldwin placed a hold on two nominees for the U.S. Securities and Exchange Commission, experts shared their tips for handling workplace investigations, and Petco’s general counsel spoke with Law360 about the retailer’s first full-service in-store veterinary hospital. These are some of the top stories in corporate legal news you may have missed last week.

  • December 1, 2017

    Senate GOP Reaches SALT, Pass-Through Tax Rate Deals

    The Senate’s $1.4 trillion tax cut bill appeared to be nearing final passage in the chamber Friday after agreements were reached to increase the tax benefit for pass-through businesses and permit a deduction for state and local property taxes.

  • November 30, 2017

    Kirkland's Should Face Receipt Row Under Spokeo: Magistrate

    A Pennsylvania magistrate judge on Wednesday advised against tossing a putative class action accusing retailer Kirkland's Inc. of printing too many credit card digits on receipts, finding the consumers needn't allege actual or imminent identity theft to establish standing under the U.S. Supreme Court's Spokeo decision.

  • November 30, 2017

    Justices May Hear Challenge To SEC Judges, But Not Go Far

    The Trump administration this week gave the U.S. Supreme Court even more reason to decide the constitutionality of the U.S. Securities and Exchange Commission’s administrative law judges when it reversed the government’s position on the issue. But anyone hoping the justices will upend the federal government’s use of in-house courts might be in store for disappointment, experts tell Law360.

  • November 30, 2017

    GOP Tax Bill Hits Snags In Senate Over Deficit Concerns

    The Republican tax cut bill hit multiple roadblocks in the Senate on Thursday after provisions added to win the support of fiscal conservatives were found to violate the chamber's procedural rules and a highly anticipated analysis showed that the limited economic growth spurred by the measure would not offset the cost of the proposed tax reductions.

  • November 30, 2017

    What You Need To Know About PTAB Amendment Guidance

    The Patent Trial and Appeal Board has released new guidance regarding the amendment of patent claims in America Invents Act reviews, a document that, while limited, should help ensure a measure of consistency from different panels of judges at the board, attorneys said. Here's what you need to know about the new guidance.

  • November 30, 2017

    Facebook Biometric Data Row May Hinge On 'Right To Say No'

    A California federal judge Thursday seemed poised to preserve a proposed class action over Facebook’s collection of biometric data, saying that the social media giant may have violated users’ statutory “right to say no” and that he was unconvinced the U.S. Supreme Court’s Spokeo decision required that they allege real-world harm.

  • November 30, 2017

    Treasury Looks Into Tax Bill Analysis After Warren Letter

    After a request from Sen. Elizabeth Warren, counsel for the U.S. Treasury Inspector General confirmed Thursday that the office has prioritized an investigation into the economic analysis that Treasury Secretary Steven Mnuchin has touted as proof the Republicans’ planned tax cuts will “pay for themselves.”

Expert Analysis

  • 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.

  • Series

    Judging A Book: Saris Reviews 'Locking Up Our Own'

    Judge Patti Saris

    Having just completed a six-year term as chair of the U.S. Sentencing Commission, I read Yale Law School professor James Forman's new book, "Locking Up Our Own: Crime and Punishment in Black America," with particular interest, says Judge Patti Saris, chief judge for the U.S. District Court for the District of Massachusetts.

  • It’s OK, Whistleblowers Will Always Have SOX

    Scott Oswald

    Based on U.S. Supreme Court arguments Tuesday in Digital Realty Trust v. Somers, corporate whistleblowers are headed back to a world in which their main protection against retaliation will be the stalwart Sarbanes-Oxley Act, says Scott Oswald of The Employment Law Group PC.

  • Dissecting NAIC's Insurance Data Security Model Law

    Lawrence Hamilton

    On the heels of the new Insurance Data Security Model Law recently adopted by the National Association of Insurance Commissioners, members of Mayer Brown explain the new law, its substantive requirements, and the takeaways for the insurance industry.

  • How To Protect Search Terms In Internal Investigations

    Sam Ballingrud

    Attorneys conducting internal investigations frequently turn over their search term lists to opposing counsel or to government enforcers. This, however, can be a mistake with long-lasting results, say Sam Ballingrud, a Colorado Supreme Court law clerk, and Markus Funk, chairman of the white collar and investigations practice at Perkins Coie LLP.

  • Opinion

    Whistleblower Protections Are At Risk At The High Court

    Stephen Kohn

    The U.S. Supreme Court is poised to hear argument in Digital Realty Trust v. Somers, but if it decides to strip the protections of employees who report violations of law to in-house managers it will constitute the greatest setback for voluntary compliance programs since they were established in the mid-1980s, says Stephen Kohn of Kohn Kohn & Colapinto LLP.

  • What To Look For In Cyan V. Beaver County Oral Arguments

    William O'Brien

    On Tuesday, the U.S. Supreme Court will hear oral arguments in Cyan v. Beaver County Employees Retirement Fund. If the justices are sympathetic to the views of the Office of the Solicitor General, which filed an amicus brief earlier this year, it could signal an end to the epidemic of state court forum shopping in Securities Act class actions, says Skadden counsel William O'Brien.

  • Future MACRA Concerns For Hospitals And Health Systems

    Deborah Kantar Gardner

    In the process of reforming physician Medicare reimbursement Congress and the Centers for Medicare & Medicaid Services have created an interesting juncture in the health care landscape, as one of the real and lasting impacts of the Medicare Access and CHIP Reauthorization Act may well be the formation of new alignments between physicians and hospitals and health systems, say Deborah Kantar Gardner and Peter Holman at Ropes & Gray LLP.

  • DOJ Guidance Is Dead, Long Live DOJ Guidance

    David Chaiken

    Comments in a recent speech by U.S. Attorney General Jeff Sessions appeared to kill much-needed U.S. Department of Justice guidance for companies. But a closer look reveals that this interpretation is likely a misunderstanding, says David Chaiken of Troutman Sanders LLP.