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Corporate

  • September 10, 2018

    Hogan Lovells Nabs Ex-GE Capital Lead Counsel As Partner

    Hogan Lovells has hired GE Capital's lead bankruptcy lawyer, the firm announced Monday, as part of a broader push to beef up the firm's business restructuring and insolvency practice and focus more on the lender side of restructurings.

  • September 10, 2018

    SEC Backs $7M In Fines For Ex-Life Partners Atty, CEO

    The U.S. Securities and Exchange Commission on Monday told a Texas federal court that it should adopt a recommendation to levy a combined $7 million in civil penalties against an attorney and former CEO for bankrupt life settlement trader Life Partners Holdings Inc., arguing that the pair’s objections to the penalties were baseless.

  • September 10, 2018

    Adidas Data Security 'Failure' Led To June Hack, Suit Says

    Adidas has been hit with a proposed class action over a June data breach that saw hackers make off with the private information of millions of customers, with the lead plaintiff claiming they now face “severe” ramifications due to the data security “failures” that led to the breach.

  • September 10, 2018

    15 Minutes With Meals On Wheels America’s CLO

    Robert T. Herbolsheimer has been involved with Meals on Wheels America since the mid-1990s, when he first started providing pro bono legal services to the national association dedicated to addressing senior isolation and hunger. He recently detailed the challenges faced by the organization, the aspects that inspire him and the meal he would choose if he were only allowed one option for the rest of his life.

  • September 7, 2018

    Measuring The Recession’s Toll On The Legal Industry

    For starting attorneys, the financial crisis casts a long shadow, even though the worst is past. Here’s our breakdown of the data showing its impact and where the industry’s headed.

  • September 7, 2018

    Too Small To Fail?

    It’s been almost 10 years since Lehman Brothers collapsed — kicking off a global recession and putting two Skadden partners on a path to building a firm that would weather the storm. Here's how upstarts and their larger rivals are positioning themselves for the next downturn.

  • September 7, 2018

    Samsung, LG, Others Beat Antitrust Suit Over TV Patents

    A New York federal judge Friday dismissed Haier's antitrust suit claiming that Samsung Electronics Co., LG Electronics Inc., Panasonic Corp. and Columbia University use patents that are federally required for the production of televisions to control the market.

  • September 7, 2018

    Yahoo Investors Get $14M Attys' Fees In $80M Breach Deal

    A California federal judge approved $14.4 million to cover lead counsel attorneys' fees as part of an $80 million settlement finalized Friday in a consolidated shareholder action accusing Yahoo of trading stock at artificially high prices while the company covered up large data hacks in 2014 and 2016.

  • September 7, 2018

    CFPB Moves Toward Revising 'Disclosure Sandbox' Policy

    The U.S. Consumer Financial Protection Bureau said on Friday that it intends to submit a proposed policy revision in Monday’s Federal Register regarding the "disclosure sandbox," a subsection of the Dodd-Frank reforms that allows corporations to try out new disclosure policies regarding consumer financial products and services in order to streamline existing disclosure policies.

  • September 7, 2018

    USPTO Heads To High Court Over 'Scandalous' Trademarks

    The U.S. Patent and Trademark Office on Friday filed a petition to the U.S. Supreme Court seeking to reinstate a federal ban on the registration of "scandalous" trademarks, which an appeals court ruled unconstitutional in 2017.

  • September 7, 2018

    Charlie Rose Seeks To Nix CBS Staffers' Harassment Suit

    Charlie Rose and his production company sought to toss gender discrimination and retaliation claims brought by three women who worked with him at CBS News, arguing Friday that none of his alleged conduct violated New York's Human Rights Law, which he said is "not a general civility code."

  • September 7, 2018

    States Back Tribe, Allergan Fed. Circ. Bid For PTAB Immunity

    Seven states and two state universities urged the full Federal Circuit Friday to rehear a decision that tribal sovereign immunity doesn’t apply in reviews at the Patent Trial and Appeal Board, saying the holding misreads the law and could subject patents owned by states to PTAB review.

  • September 7, 2018

    Brand Battles: Hot Pockets, Adderall, Superman

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Nestlé gets indigestion over "Pocket Bacon," the producer of Adderall isn't pleased about a homeopathic rival that riffs on the name, and Warner Bros. defends the Superman franchise.

  • September 7, 2018

    Mass. Justices Block Noncompete On Calif. Employee

    Massachusetts’ highest court on Friday rejected a Massachusetts consulting company's attempt to enforce a noncompete agreement under Bay State law with an employee based in California, where the justices said the forum should move and where the restrictive covenants are effectively outlawed.

  • 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.

Expert Analysis

  • 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.

  • Companies Could Face Pressure Over Board Composition

    Arthur Kohn

    Companies should expect that the New York City Comptroller's Office, State Street Global Advisors and others will continue to seek dialogue, engagement and disclosure on diversity and other important social issues. Based on 2018 proxy season results, investors' votes may increasingly become a referendum on social concerns, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.