• March 8, 2018

    Arbitration Centers Tout 2017 Caseload, Diversity Records

    Two major centers for international arbitration released reports this week indicating that the number of cases and countries involved in disputes is up, pushing the total value of claims in the billions even as the organizations diversify their ranks.

  • March 8, 2018

    Staffing Firm Settles Bias Suit Over 'Age Will Matter' Email

    A New Jersey-based information technology staffing firm has agreed to refrain from age discrimination and provide related training to its employees as part of resolving a U.S. Equal Employment Opportunity Commission lawsuit alleging the business told a rejected applicant in an email that “age will matter,” the federal agency announced Thursday.

  • March 7, 2018

    Wynn Resorts Hid Sex Claims Against CEO, Oregon Says

    Wynn Resorts and its board of directors ignored and later covered up allegations of sexual misconduct against former CEO Steve Wynn, the state of Oregon said Tuesday, telling a Nevada state judge the hotel giant breached its fiduciary duty to shareholders and put the company’s gambling operations at serious risk.

  • March 7, 2018

    4 Questions About DOL's Self-Audit Plan For Wage Violations

    Although a newly announced U.S. Department of Labor self-audit program is winning plaudits from employers for giving companies a path to stave off litigation by voluntarily reporting Fair Labor Standards Act violations, experts say that numerous questions, like whether employees' participation would abrogate potential state law claims, remain unanswered.

  • March 7, 2018

    Dems Say NLRB Should Restart McD's Joint Employer Case

    The National Labor Relations Board’s general counsel should move forward with a yearslong case over whether McDonald’s USA LLC and its franchisees are jointly liable for alleged labor law violations, a group of Democratic senators wrote in a letter Wednesday.

  • March 7, 2018

    Apple, Samsung Fight Qualcomm Bid For Confidential Deal

    A California federal judge overseeing the Federal Trade Commission’s antitrust suit over Qualcomm’s patent licensing practices said Wednesday a confidential agreement between Samsung and Apple appears relevant to Qualcomm’s defense, but those companies urged the judge to find the document is protected under the work-product doctrine.

  • March 7, 2018

    FBI Director Vows To Treat Hacked Companies As ‘Victims’

    FBI Director Christopher Wray on Wednesday promised to "treat victim companies as victims” and withhold potentially damaging corporate information from other regulatory agencies when data breaches occur.

  • March 7, 2018

    House Democrats Propose Bill Restricting Tip Pools

    Two congresswomen proposed a bill Wednesday that would block businesses from redistributing tipped workers’ tips without their permission, a day after Labor Secretary Alex Acosta told them he would support a measure that stopped employers from keeping their workers’ tips.

  • March 7, 2018

    Carl’s Jr. Antitrust Row Calls For Scholarly Input, Judge Says

    A California judge on Wednesday advised counsel for Carl's Jr. managers and Carl Karcher Enterprises LLC to invite antitrust scholars to weigh in on a case accusing CKE of unlawfully preventing managers from heading to other franchises, saying the case raises novel questions of California law.

  • March 7, 2018

    Coke CEO Defends Foreign Licensees In $3.3B Tax Court Trial

    The CEO of Coca-Cola Co. said on Wednesday the company's foreign licensees were autonomous entities that made key business decisions, disputing the Internal Revenue Service's characterization of them as mere conduits for profit shifting, during the third day of a $3.3 billion transfer pricing trial at the U.S. Tax Court.

  • March 7, 2018

    3 Potential Roadblocks To Trump's Impending Tariffs

    As President Donald Trump prepares to set stiff tariffs on imported aluminum and steel, his opponents both within the U.S. and abroad have been scrambling for ways to mitigate the damage or stop the president in his tracks. Here, Law360 breaks down potential tripping points for the administration’s latest trade enforcement power play.

  • March 7, 2018

    Ex-Akin Gump Atty Gets 2.5 Years In DOJ Suit-Selling Case

    A California federal judge on Wednesday handed down a 2 1/2-year prison sentence to a former Akin Gump Strauss Hauer & Feld LLP partner who was arrested last year in a wig-and-sunglasses disguise while trying to sell a sealed government complaint to a cybersecurity company being investigated by the U.S. Department of Justice.

  • March 7, 2018

    Attys Worry Companies Not Serious About Sexual Misconduct

    Nearly half of the outside counsel who responded to a recent survey said they are concerned employers aren’t taking sexual harassment training, prevention and response “seriously enough” in the workplace, according to data released on Wednesday.

  • March 7, 2018

    Dem AGs Knock DOL's 'Association Health Plans' Rule

    A coalition of 17 attorneys general from mostly left-leaning states and D.C. submitted joint comments to the U.S. Department of Labor on Tuesday, saying a proposed rule allowing employers to more easily form so-called association health plans would remove important consumer protections and invite fraud. 

  • March 7, 2018

    GDPR's Reporting Mandate May Fuel Fledgling Cyber Market

    Insurers see a silver lining in the cyberattack reporting requirements of Europe's new data protection rules to amass much-needed data to price cyber coverage — if privacy concerns don't stand in the way.

  • March 7, 2018

    How GCs And Companies Can Tackle Corporate Responsibility

    The school shooting in Florida last month led masses of students and other Americans to organize protests calling for stricter gun laws and boycotts against companies over their relationships with the National Rifle Association — and some businesses and their in-house legal advisers may be left weighing the pros and cons of joining the growing crackdown of gun sales.

  • March 7, 2018

    6th Circ. Revives EEOC's Funeral Home Trans Bias Suit

    The Sixth Circuit issued a published decision Wednesday reviving a U.S. Equal Employment Opportunity Commission suit accusing a Michigan funeral home operator of violating federal anti-discrimination law by firing its funeral director after she said she would transition from male to female, holding that the company wasn't protected by the Religious Freedom Restoration Act. 

  • March 6, 2018

    Senate Confirms Skadden Partner For USTR Leadership Team

    The Senate approved a Skadden Arps Slate Meagher & Flom LLP partner to serve in the Office of the U.S. Trade Representative on Monday, filling the last deputy slot to assist USTR Robert Lighthizer in crafting U.S. trade policy.

  • March 6, 2018

    Profs Dispute Evidence Of Bias By SEC In-House Judges

    An amicus brief filed by a pair of professors in a U.S. Supreme Court case that will decide whether SEC administrative law judges are constitutional says there is no hard evidence that the judges are biased toward rulings that favor the agency, but other legal experts say the question of bias is beside the point.

  • March 6, 2018

    NY AG Announces EmblemHealth Data Breach Settlement

    EmblemHealth has agreed to pay $575,000 and conduct a comprehensive risk assessment to resolve the New York attorney general’s probe into the exposure of more than 80,000 Social Security numbers through a mailing error, the regulator said in an announcement Tuesday during which he also discussed his push for stronger data security laws.

Expert Analysis

  • A Review Of Cross-Border Investigations In 2017: Part 1

    Sunil Gadhia

    A number of significant corporate resolutions were reached in 2017, which have provided guidance on the level of cooperation expected by criminal and civil authorities, primarily in Europe. Meanwhile, the divergent approaches to legal privilege taken by courts in different jurisdictions provide significant challenges to those conducting cross-border internal investigations, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • Planning For The New GILTI Tax

    Planning For The New GILTI Tax

    The recent Tax Cuts and Jobs Act adopted a provision subjecting certain U.S. shareholders of controlled foreign corporations to tax on their global intangible low-taxed income, or GILTI. In this video, Taylor Kiessig and Stefanie Wood of Eversheds Sutherland LLP explain that GILTI is effectively a new worldwide minimum tax on the earnings of a U.S. shareholder’s CFCs.

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle PC.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.

  • How Corporate Policyholders Can Prepare For Earthquakes

    Micah Skidmore

    With some predicting that 2018 will see a significant increase in the number and severity of earthquakes worldwide, corporate insureds may do well to accelerate their review and expansion of policy terms to address this important risk, says Micah Skidmore of Haynes and Boone LLP.

  • Worker Classification Questions Remain Post-GrubHub Win

    Art Lambert

    A California federal judge implied that her recent decision in Lawson v. GrubHub was a close call, which suggests there is a tipping point where a driver moves from the independent contractor classification to the employee classification. However, when exactly that happens is still up in the air, says Art Lambert of Fisher Phillips.

  • The Base Erosion And Anti-Abuse Tax: An Introduction

    Introducing The Base Erosion And Anti-Abuse Tax

    The new base erosion and anti-abuse tax generally imposes a 10 percent minimum tax on a taxpayer’s income determined without regard to tax deductions arising from base erosion payments. In this video, Daniel Nicholas and Margaret Pope of Eversheds Sutherland LLP offer a brief overview of the tax, and a simplified example of the BEAT calculation.

  • 2nd Circ. Courts Dive Into 'Class Arbitration' Questions

    Gilbert Samberg

    The U.S. Supreme Court has not yet addressed core issues that will ultimately determine the viability of a class arbitration award, nor have the various courts of appeal grappled with those issues. However, courts in the Second Circuit have recently begun to do so, says Gilbert Samberg of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Google Equal Pay Case Could Have Far-Reaching Impact

    Debra Ellwood Meppen

    Following the recent filing of an amended complaint, if the class action is certified in Kelly Ellis v. Google — a case alleging gender-based pay discrimination — ramifications will trickle down into every business, large or small, that employs men and women, say Debra Ellwood Meppen and Laurie DeYoung of Gordon & Rees LLP.

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.