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Corporate

  • June 6, 2018

    Deloitte To Buy 8 Int'l Offices From Immigration Law Firm

    Deloitte intends to acquire the non-U.S. business of immigration law firm Berry Appleman & Leiden LLP, the accounting giant said Wednesday, adding eight offices and 170 professionals specializing in immigration law around the globe.

  • June 6, 2018

    Calif. Employers Get Coverage Relief On Negligent Hire Suits

    California’s highest court has given the state's employers peace of mind with its Monday ruling that an insurance carrier’s defense obligation can be triggered by claims that a company failed to properly vet or supervise a worker who then intentionally hurts someone, attorneys say.

  • June 5, 2018

    Venezuela's Oil Co. Slips Contempt, Attys Dinged In Bribe Suit

    A Florida federal judge ruled Tuesday that an energy trader and one of its employees had not proved allegations of misconduct by Venezuela’s state-owned oil company, PDVSA, in a bribery case it brought against them, but admonished its attorneys over an apparent lack of candor.

  • June 5, 2018

    SEC's Fund Adviser Fines A Warning To PE Firms, Attys Alike

    The U.S. Securities and Exchange Commission's decision to fine 13 private fund advisers for repeatedly failing to file an obscure form serves as a reminder that the regulator is ready and willing to penalize private equity rule-breakers, and firms and attorneys must step up and re-evaluate whether their compliance programs are up to snuff.

  • June 5, 2018

    Lowenstein Sandler Nabs Ex-NJ White Collar Prosecutor

    Former New Jersey Department of Justice Director Elie Honig has come aboard at Lowenstein Sandler LLP as special counsel focusing on white collar cases, joining several colleagues who flocked to the firm after leaving public jobs in the Garden State.

  • June 5, 2018

    Duane Morris Employment Partner Returns To Firm

    Duane Morris LLP announced Monday that an employment attorney with experience representing companies in wrongful termination and discrimination litigation will return to the firm as a partner after a stint with Blank Rome LLP.

  • June 5, 2018

    New SFO Chief Brings US Expertise To Gov't Reform Push

    When newly named Serious Fraud Office chief Lisa Osofsky takes over in September, the FBI veteran will have a lengthy to-do list to tackle — but the biggest question is how she will steer the watchdog as the government looks to draw its white collar crime enforcers closer together.

  • June 5, 2018

    Class Counsel To Collect Over $6M In Akorn Accounting Row

    An Illinois federal judge on Tuesday awarded Pomerantz LLP and Glancy Prongay & Murray LLP more than $6 million in attorneys' fees in a class action brought by Akorn Pharmaceuticals investors who claimed that Akorn Inc. failed to properly track its finances, leading the company to misstate its revenue.

  • June 5, 2018

    Deal OK Sought In OvaScience Director Compensation Suit

    An OvaScience Inc. shareholder asked a Delaware federal court Monday for preliminary approval of a derivative action settlement that would allow stockholders to vote on a compensation cap for nonemployee directors of the fertility treatment developer.

  • June 4, 2018

    5 Workplace Scenarios That Could Spell Legal Trouble

    Egregious examples of workplace harassment and discrimination often generate headlines, but more often there is a gray area of behavior that leaves workers and businesses alike wondering if a line has been crossed that will lead to litigation. Here, attorneys offer five examples of seemingly benign workplace behavior that can in fact be legally problematic.

  • June 4, 2018

    Veteran M&A Atty Returns To BigLaw As Cadwalader Partner

    Cadwalader Wickersham & Taft LLP has lured a mergers and acquisitions pro and one of the "most innovative corporate lawyers in the world" back to BigLaw after a more than three-year hiatus serving as vice chairman of Bill Ackman's Pershing Square Capital Management LP hedge fund, the firm announced Monday.

  • June 4, 2018

    Negligent Hiring Claims Covered By Policy: Calif. Justices

    California’s high court ruled Monday that a Liberty Mutual unit must cover the costs of a construction company to defend against claims it negligently hired and failed to supervise a former employee who sexually assaulted a middle school student, finding that the builder’s conduct fits the definition of an accident in L&M's policy.

  • June 4, 2018

    Consent Disputes Emerge As First GDPR Battlefield

    The first cases to test the reach of Europe’s new privacy regime will let regulators home in on just how much data tech juggernauts truly need to sweep up in order to run their platforms — and what data collections they need to explicitly ask users to consent to, legal experts say.

  • June 4, 2018

    FCC's Rules On Toll-Free Texting Cause Consent Concerns

    Tech companies have asked the Federal Communications Commission to consider commercial concerns ahead of its vote on whether to force text messaging providers to get permission before automatically enabling text-messaging capabilities for a business' toll-free number, saying the void of rules deters use and investment in the technology.

  • June 4, 2018

    Legal Pitfalls Bedevil Some New #MeToo Policies, Experts Say

    As companies continue to bolster their sexual harassment policies in the wake of #MeToo, some new efforts may be creating unintended legal pitfalls that must be weighed carefully, experts said on Monday at a New York City Bar panel on sexual harassment.

  • June 4, 2018

    Foot Locker Kicks Former Employee's FCRA Suit

    A California federal judge granted a quick a win to Foot Locker Inc. on Friday in a proposed class action accusing the retailer of securing consumer reports about job applicants without proper consent, saying the claims lodged by a former employee aren’t within the Fair Credit Reporting Act’s purview.

  • June 4, 2018

    15 Minutes With MyoKardia's General Counsel

    Cynthia Ladd became a lawyer through what some people might perceive as an unusual journey. Here, the general counsel of clinical-stage biopharmaceutical company MyoKardia shares details about her atypical path to working in-house, the qualities she hopes to find in candidates when building her legal department and the ways she expects the biotechnology industry to change in upcoming years.

  • June 1, 2018

    As Piwowar Exits, Trump Taps Ex-Milbank Atty For SEC

    After U.S. Securities and Exchange Commission member Michael Piwowar announced last month that he’d be out by July, President Donald Trump nominated a former Milbank Tweed Hadley & McCloy LLP corporate and securities law attorney to a commission slot Friday.

  • June 1, 2018

    Common Ownership Not An Antitrust Problem: FTC Commish

    Newly minted Federal Trade Commissioner Noah Joshua Phillips said Friday at a conference on antitrust economics that he does not believe there is enough evidence to warrant a policy shift over worries that the common ownership of stakes in competing companies by institutional investors creates an antitrust problem.

  • 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.

Expert Analysis

  • The 965 Tax: What Congress Giveth, Can IRS Taketh Away?

    Carlos Somoza

    A recently announced IRS position that surprised many tax practitioners is inconsistent with the plain language of Internal Revenue Code Section 965 and congressional intent — and creates problems for both individual and corporate taxpayers, says Carlos Santos of Kaufman Rossin PA.

  • Trade Rep Hints At More CFIUS Scrutiny Of Biotech Deals

    Stephen Mahinka

    The Section 301 report issued in March by the United States Trade Representative highlighted foreign acquisitions and investments in the U.S. biotechnology industry. Counsel on both sides of a transaction in this sector should consider carefully whether involvement by foreign entities, especially from China, should be filed for review by CFIUS before closing, say Stephen Mahinka and Carl Valenstein of Morgan Lewis & Bockius LLP.

  • 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.