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Corporate

  • September 7, 2018

    As Biz Opposes China Tariffs, Trump Says More On The Way

    With companies across a litany of sectors fiercely pushing back against the White House’s looming tariffs on $200 billion worth of Chinese goods, President Donald Trump said Friday that he has a new wave of duties in the wings that would cover an additional $267 billion.

  • September 7, 2018

    China Tech Tariffs Threaten US Internet Edge, Group Says

    The Trump administration’s proposed tariffs on $200 billion worth of Chinese goods will raise the costs of building data centers and providing cloud services in the U.S., hurting America’s chances of becoming a world leader in the internet of things, according to a software industry group.

  • September 7, 2018

    Brazil's New GDPR-Inspired Law Could Spur EU Data Deal

    Brazil's first-ever national privacy regime could set up South America's biggest economy to work out a lucrative data-sharing pact with the European Union, despite a presidential veto that axed the agency intended to enforce it, attorneys say.

  • September 7, 2018

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    A survey found the legal industry suffers from an "endemic" gender and racial bias that favors white men, and Warner Bros. rolled out a companywide policy that strives to ensure greater participation in film and television projects from groups that have been historically underrepresented in the entertainment industry. These are some of the stories in corporate legal news you may have missed in the past week.

  • September 7, 2018

    Third Point Looks To Oust Campbell's Entire Board

    Activist investor Third Point revealed plans Friday to replace Campbell’s entire board, slamming the sitting directors for failing to forge a turnaround and contending the food giant’s poor performance is a reflection of a “tenure of mismanagement, waste, ill-conceived strategy and inept execution.”

  • September 6, 2018

    Church & Dwight Wins $10M In Pregnancy Test False-Ad Suit

    A federal judge has awarded Church & Dwight nearly $10 million in its false advertising suit against rival SPD Swiss Precision Diagnostics GmbH, the maker of home pregnancy test Clearblue, but denied the household product manufacturer’s request for punitive damages, saying the competitor’s actions were not egregious.

  • September 6, 2018

    Starbucks Can't Stall Cancer Label Suit For 'Hypothetical' Rule

    A California judge who determined coffee must carry cancer warnings on Thursday rejected Starbucks and other companies’ bid to pause applying those warnings or handing out potentially billions of dollars in statutory penalties while a state agency considers a rule that might render warnings unnecessary, saying he won’t stay a case based on “a hypothetical regulation.”

  • September 6, 2018

    Seattle Agrees To Suspend Hotel Benefits Law For Now

    The city of Seattle has agreed to suspend the enforcement of a recently revised section of the city’s municipal code governing hotel employee health benefits while the ERISA Industry Committee, which represents large benefits plan sponsors, challenges the ordinance in Washington federal court.

  • September 6, 2018

    The Bloody Saga That Made Theranos Finally Call It Quits

    Theranos Inc. has told shareholders that it plans to dissolve, nearly three years after a bombshell Wall Street Journal article raised questions about its blood-testing technology. Here, Law360 gives an overview of the courtroom battles and pending criminal charges that stem from the once-mighty startup's implosion.    

  • September 6, 2018

    US Attacks On Dispute Panels Could Have Global Impact

    Parallel attacks by the Trump administration on two trade dispute resolution mechanisms may signal that the U.S. is looking to weaken their checks on protectionist policies, a goal that could lead to the breakdown of free trade that the World Trade Organization was created to maintain, experts say.

  • September 6, 2018

    IRS Notice On SALT Workarounds Causes More Confusion

    The U.S. Department of the Treasury and the Internal Revenue Service have issued what they termed a clarification on state and local tax deduction workaround regulations, but that follow-up notice, which one practitioner called “incoherence,” instead left tax professionals scratching their heads.

  • September 6, 2018

    EU Clears Apple’s $400M Shazam Buy

    European Union antitrust regulators signed off Thursday on Apple’s proposed $400 million acquisition of music-identification app maker Shazam, closing out an in-depth review sparked over concerns that Shazam’s data and software might be leveraged against competitors.

  • September 6, 2018

    SEC Charges Ex-Raymond James Manager Over EB-5 Fraud

    The U.S. Securities and Exchange Commission on Thursday charged a former Raymond James & Associates branch manager in Florida federal court with helping the onetime owner of Vermont ski resort Jay Peak bilk EB-5 immigrant investors out of $21 million and then trying to hide their tracks.

  • September 6, 2018

    Tesla, Musk Hit With Another Suit Over Take-Private Tweets

    Tesla Inc. and its controversial CEO Elon Musk were hit with yet another investor class action in California federal court Thursday over Musk's tweets about potentially taking the company private, this time by a prominent short-seller and stock commentator who claims short-sellers were particularly targeted by Musk's dubious tweets.

  • September 6, 2018

    North Korean Man Charged With Sony Hack, WannaCry Virus

    The U.S. Department of Justice on Thursday charged a North Korean hacker and alleged spy in connection with some of the most damaging cyberattacks in recent memory, including the 2014 breach of Sony Pictures, the theft of $81 million from a bank in Bangladesh and the release of the WannaCry 2.0 virus that ground computer systems worldwide to a halt. 

  • September 6, 2018

    7th Circ. Won't Save Antitrust Claims Against Steel Giants

    The Seventh Circuit on Thursday found that antitrust claims levied against major steel producers, including U.S. Steel, ArcelorMittal USA and Commercial Metals Inc., by a proposed class of indirect purchasers alleging a price-fixing conspiracy were filed outside the limitations period, upholding the claims’ dismissal by an Illinois federal judge.

  • September 6, 2018

    Ex-Raiders, Buccaneers Atty Named XFL General Counsel

    The relaunching XFL football league announced Thursday it has signed a former counsel for a pair of NFL teams as its general counsel.

  • September 6, 2018

    Chinese Regulators Propose Easier Rules For Share Buybacks

    Chinese regulators on Thursday proposed legal changes that would make it easier for companies to repurchase their own shares, a move intended to strengthen the country's capital markets and improve the quality of listed companies.

  • September 6, 2018

    USPTO Gets An Earful About Planned Fee Hike At Hearing

    Intellectual property groups and inventors pressed the U.S. Patent and Trademark Office at a hearing Thursday for more information about why it is planning to raise many of its patent fees and what the money will be used for, arguing that several proposals seem excessive.

  • September 6, 2018

    Lululemon Secures Fed. Circ. Win In Row Over Sports Bra IP

    The Federal Circuit on Thursday affirmed a Delaware federal court’s determination that Lululemon did not infringe the asserted claims of a patent covering a sports bra, based in part on how the lower court construed a term for how to adhere materials.

Expert Analysis

  • The 'Post-Fact' Jury In The 'Fake News' Era

    Ross Laguzza

    The "fake news" phenomenon is ever more prominent in the political arena — but not in the jury box. At a trial, jurors don’t have to rely on the media or any other source to tell them the facts and issues, since they have a front-row seat to the action, says Ross Laguzza, a consultant at R&D Strategic Solutions LLC.

  • Plan Sponsors Should Consider Pension De-Risking

    Elliot Dinkin

    For some plan sponsors, the prospect of engaging in a pension risk transfer may seem cost-prohibitive. However, the cost of transferring risk is lower than what many sponsors perceive, says Elliott Dinkin of Cowden Associates Inc. 

  • Series

    Judging A Book: Lipez Reviews 'Last Great Colonial Lawyer'

    Judge Kermit Lipez

    In his new book, "The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley," Charles McKirdy argues that Gridley — someone I had never heard of — was the last great colonial lawyer, and that his cases illuminate his times. The author largely substantiates both claims, says First Circuit Judge Kermit Lipez.

  • Tax Enforcers Unite Against International Tax Crime

    Kyle Womboldt

    In light of the launch of the Joint Chiefs of Global Tax Enforcement alliance against transnational tax crime and money laundering, it is more important than ever for corporations and professional services firms to carefully manage their exposure to higher risk clients and business activity, say Kyle Wombolt and Jeremy Birch of Herbert Smith Freehills LLP.

  • A Teachable Moment On Adequate Disclosures

    Marc Casarino

    Full and accurate disclosure of information by a corporation to its stockholders is a basic component of obtaining consent to mergers and other fundamental transactions. But the Delaware Supreme Court's decision in Morrison v. Berry is a stark reminder that implementing adequate disclosures is easier said than done, say Marc Casarino and Lori Smith of White and Williams LLP.

  • A Close Look At IRS Proposed Pass-Through Deduction Rules

    Stephen Looney

    Last week, the IRS proposed regulations under Internal Revenue Code Section 199A, providing guidance on the new deduction available to pass-through entities and sole proprietorships. Mostly taxpayer friendly, the lengthy proposed regs are likely to undergo some changes before becoming finalized, say Stephen Looney and Edward Waters of Dean Mead Egerton Bloodworth Capouano & Bozarth PA.

  • An Update, Not A Transformation, Of CFIUS Review Process

    Scott Flicker

    The Foreign Investment Risk Review Modernization Act, a reform of the review process overseen by the Committee on Foreign Investment in the United States, has just been signed into law. But to a great extent, it merely codifies CFIUS’ current practice of expansively interpreting its jurisdiction, stretching review timelines and taking a broad view of national security, say attorneys with Paul Hastings LLP.

  • Takeaways From 1st Retroactive Application Of Dynamex

    Desi Kalcheva

    The California Supreme Court's Dynamex opinion — fashioning an updated California test for distinguishing between employees and independent contractors — has stirred much speculation about its scope and the extent of its application. Now, for the first time, in Johnson v. Imperial Showgirls the decision has been applied on a retroactive basis, says Desi Kalcheva of Paul Plevin Sullivan & Connaughton LLP.

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • Opinion

    Coach Contract Sexual Misconduct Clauses Are Concerning

    Scott Bernstein

    A clause added to The Ohio State University head football coach Urban Meyer's contract, requiring him to report any known violations of the school’s sexual misconduct policy, may seem noncontroversial. However, because schools often define sexual misconduct too broadly, this type of provision could cause lasting harm to innocent student-athletes, say Scott Bernstein and Justin Dillon of KaiserDillon PLLC.