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Corporate

  • June 1, 2018

    BASF Says Unit's Ex-GC Can't Testify In Asbestos Fraud Case

    BASF Catalysts LLC on Friday fought back against a proposed class’ attempts to compel more testimony from the former general counsel of a subsidiary accused of concealing the presence of asbestos in talc products, arguing that the information is protected by attorney-client privilege.

  • June 1, 2018

    Brand Battles: McDonald's Aims To Block 'McMansions' TM

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, McDonald’s picks a fight with a New York City architect over “McMansions,” a domain registry says an examiner’s rejection “sucks,” and Amazon asks Alexa to oppose an “Ecko” trademark.

  • June 1, 2018

    Ex-Apple Worker Gets 3 Years For Stealing From Company

    A former administrative assistant for Apple Inc. was slapped with a three-year prison sentence in New Jersey state court Friday for embezzling about $243,000 from the company and spending such funds on luxury items at Victoria’s Secret, Louis Vuitton and other retailers, authorities said.

  • June 1, 2018

    Summer Internships: 4 Things Employers Should Consider

    Businesses across the country have started welcoming the latest wave of summer interns into their ranks, giving young people a taste of the business world and cultivating potentially valuable long-term workers if they’re smart about it — and inviting legal headaches if they’re not.

  • June 1, 2018

    DOJ Antitrust Deputy Touts Vertical Merger Bargaining Models

    The U.S. Department of Justice Antitrust Division’s chief economist said Friday at a conference at New York University's Stern School of Business that newer economic models that chart the bargaining power of merging companies help to find harm in vertical deals that older models missed.

  • June 1, 2018

    DOJ Launches Global Antitrust Enforcement Framework

    The U.S. Department of Justice hopes to standardize aspects of international antitrust enforcement through a voluntary framework set to launch next week, Makan Delrahim, assistant attorney general for the DOJ’s Antitrust Division, said Friday.

  • June 1, 2018

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    Attorneys said companies need to think twice before deciding it’s too late to fill in compliance gaps for the European Union’s sweeping General Data Protection Regulation, the Consumer Financial Protection Bureau and two payday lender trade groups joined together to ask a Texas federal judge to stay the groups’ suit challenging the agency’s so-called payday rule, and Law360 asked female attorneys what gender parity looks like in the legal industry. These are some of the stories in corporate legal news you may have missed in the past week.​

  • June 1, 2018

    Sundt Construction GC Eyes Way To Spread Out Contract Risk

    Contractors and subcontractors are exploring a nascent contract model that involves sharing risk and reward across all parties working on construction projects, an idea that has the potential to create more certainty and a more level playing field for various parties involved, Sundt Construction General Counsel Ronald Stuff told Law360 in a recent interview.

  • May 31, 2018

    CBS Investors Throw In Their Own Suit Against NAI, Redstone

    A CBS Corp. investor sued controlling stockholder Shari Redstone and National Amusements Inc. in Delaware’s Chancery Court Thursday, accusing them of wrongly blocking a CBS share dividend that would have given more stockholders voting rights while diluting Redstone’s control.

  • May 31, 2018

    What To Know About Complying With GDPR

    While the long-awaited deadline for companies to get into step with the European Union's sweeping General Data Protection Regulation has come and gone, companies should reconsider if they have decided that it's too late to fill in compliance gaps, attorneys say.

  • May 31, 2018

    Trust Key To Keeping Whistleblower Complaints In-House

    Companies hoping to avoid U.S. Securities and Exchange Commission investigations by keeping whistleblower complaints in-house must develop a deep enough level of trust with employees that they believe their complaints will be heard and taken seriously and that they won’t face retaliation, legal experts say.

  • May 31, 2018

    Ex-HP CEO Remarks 'Smoking Gun' In Bias Suit, Judge Says

    Hewlett-Packard told a California federal judge Thursday that a putative class action claiming the company discriminated against older employees should not be heard in the Golden State just because ex-CEO Meg Whitman allegedly made statements about wanting a younger workforce, comments the judge called a "smoking gun."

  • May 31, 2018

    Judge Sees Tension In KPMG Conspiracy, Fraud Arguments

    A Manhattan federal judge hearing a criminal case against former KPMG and Public Company Accounting Oversight Board officials who allegedly leaked the board’s audit inspection plans so that KPMG could bulletproof its work asked both sides at a Thursday hearing about possible tension between the charges of conspiracy and wire fraud and in arguments to dismiss them.

  • May 31, 2018

    New EU Data Watchdog Backs 'Cookie Wall' Ban

    A new European Union data protection watchdog has called for pending new privacy rules meant to bolster the General Data Protection Regulation to be expedited and to include an explicit ban on operators requiring users to agree to tracking cookies to access a website or service.

  • May 31, 2018

    After Epic, Judge Says Domino's Drivers Must Arbitrate Suit

    Citing the U.S. Supreme Court’s recent blessing of class waivers, a California federal judge ruled Thursday that a proposed class of Domino’s Pizza delivery drivers must arbitrate their business expenses reimbursement suit against the owners of 74 franchise stores due to an agreement they signed.

  • May 31, 2018

    Taxing Foreign Income Tough Issue For US States, Panel Says

    How to tax foreign income is proving to be an especially thorny issue for states, with few questions resolved during state legislative sessions that began shortly after the federal tax overhaul, a panel of tax professionals said Thursday in Washington, D.C.

  • May 31, 2018

    Fraud Restitution No Longer In The Eye Of The Bill-Holder

    The U.S. Supreme Court said this week that a mandatory restitution law does not require criminal defendants to foot the bill for company-initiated internal investigations into their crimes, flipping what was the law in many courts and tossing a life raft to some individual defendants.

  • May 31, 2018

    The Top In-House Hires Of May

    May's notable legal department hires included new general counsel at Novartis, the U.S. Chamber of Commerce, Fox News and the U.S. Copyright Office.

  • May 30, 2018

    Groups Urge 9th Circ. To Keep ACA Birth Control Rules Halted

    Dozens of reproductive rights, civil liberties, gender equality, religious and health groups on Tuesday supported California, Delaware, Maryland, New York and Virginia in urging the Ninth Circuit to uphold a nationwide block on Trump administration rules permitting employers to claim religious or moral exemptions to the Affordable Care Act’s contraception mandate.

  • May 30, 2018

    Design Patent Damages Still Murky After $539M Apple Verdict

    The damages retrial between Apple and Samsung had observers hoping for guidance on how much owners of design patents can win in damages following a U.S. Supreme Court ruling, but Apple’s $539 million victory makes that issue possibly even less clear, attorneys say.

Expert Analysis

  • Business As Usual For Employers After Epic Systems Opinion

    Veronica Gray

    While the U.S. Supreme Court's decision Monday in Epic Systems v. Lewis is a decisive win for employers, it simply preserves the status quo in wage and hour litigation and reaffirms the ability of employers to avoid costly class actions by requiring employees to sign arbitration agreements containing class action waivers as a condition of employment, say Veronica Gray and Allison Callaghan of Nossaman LLP.

  • Essential ERISA Considerations In Credit Agreements

    Excerpt from Lexis Practice Advisor
    Kim Steefel

    In this overview of the key considerations in credit agreements related to potential liabilities under the Employee Retirement Income Security Act, Lexis Practice Advisor expert attorney Kim Steefel discusses controlled group liability concerns as well as lender and borrower positions with respect to relevant ERISA clauses.

  • Employee Choice Doctrine — Alive And Well In NY

    Jerome Coleman

    While the fate of recent bills seeking to prohibit or severely limit employment restrictive covenants is uncertain at best, in New York the employee choice doctrine remains a useful tool in the employer arsenal for restricting post-employment competition if the groundwork is properly created and administered, says Jerome Coleman of Putney Twombly Hall & Hirson LLP.

  • NY Unincorporated Biz Tax Proposal Overshoots Its Mark

    Leah Robinson

    The New York State Department of Taxation and Finance just released for comment a draft bill to enact a new unincorporated business tax. While that is a laudable goal, the proposal as currently drafted appears to generate substantially more revenue for the state than the benefit to individual partners would seem to justify, say attorneys at Mayer Brown LLP.

  • High Court Has Returned Workers To 'Like It Or Lump It' Era

    Scott Oswald

    With Justice Neil Gorsuch’s majority opinion Monday in Epic Systems v. Lewis, the U.S. Supreme Court revives a toxic idea that was common before the New Deal: the fiction that an individual employee’s waiver of rights in an employment agreement is a voluntary tradeoff — not an illegal power grab by the employer at its time of maximum leverage, says Scott Oswald of The Employment Law Group PC.

  • Introducing The Legal Industry To Millennial Business Owners

    Yaima Seigley

    ​The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.

  • Post-Dynamex: A Narrow Road Ahead For Calif. Trucking Cos.

    Bradford Hughes

    The California Supreme Court's recent opinion in Dynamex Operations West v. Superior Court of Los Angeles County sent shock waves through the entire transportation industry, which has traditionally relied on independent contractors. However, specifically for trucking companies that operate in the Golden State, Dynamex raises a litany of compliance concerns, says Bradford Hughes of Clark Hill PLC.

  • How Not To Bungle Off-Cycle Engagements With Stockholders

    Ethan Klingsberg

    Many companies are now turning from annual meetings to off-cycle engagements with their institutional investors, but the risks are significant. On that account, we have compiled some guidelines and tips based on direct feedback from a spectrum of investors over the past six months, say Ethan Klingsberg and Elizabeth Bieber of Cleary Gottlieb Steen & Hamilton LLP.

  • 6 Ways To Manage International Regulatory Risk Under Trump

    Gregory Husisian

    Recent enforcement activity — including record-setting Foreign Corrupt Practices Act and economic sanctions penalties — confirms that the Trump administration is committed to the aggressive application of U.S. law abroad. Multinational companies need to prioritize managing the risks posed by laws governing U.S. exports and international conduct, say Gregory Husisian and Olivia Singelmann of Foley & Lardner LLP.

  • 5 Questions You Should Ask About Your Global Equity Awards

    William Woolston

    U.S. companies venturing into the world of global equity compensation confront a complex, cross-border web of rules and regulations. Victoria Ha and William Woolston of Covington & Burling LLP highlight five critical questions that can help U.S. companies navigate common legal pitfalls, with a focus on some of the most rapidly evolving areas of law.