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Corporate

  • November 28, 2018

    NLRB OKs Micro-Unit In Twist To Precedent-Changing Case

    The National Labor Relations Board on Wednesday approved a regional official's decision letting a portion of workers at metal company PCC Structurals form a union, bringing an ironic end to the case the board used to make it harder for workers to organize into so-called micro-units last year.

  • November 27, 2018

    US Indicts 8 In $36M Online Ad Scams Google Helped Expose

    The U.S. Justice Department charged eight people from Russia and Eastern Europe in New York federal court on Tuesday in connection with two international cyber-schemes that duped online advertisers out of more than $36 million — the result of a multiyear investigation aided by Google and other private companies.

  • November 27, 2018

    Lyft Leveraging Dearth Of Arbitration Ethics Rules In DQ Push

    After a long fight to push driver wage disputes into arbitration, ride-share giant Lyft is hoping an absence of clear rules in that forum around attorney conduct issues will encourage a California federal judge to throw a blanket disqualification over one plaintiffs firm, experts said.

  • November 27, 2018

    GCs Shining Light On Their Management Chops

    Tens of thousands of general counsels across the United States are more likely to cite management skills than legal prowess in their online profiles as the role of GC continues to evolve, according to a report released Tuesday.

  • November 27, 2018

    SEC Hasn't Shown Crypto Tokens Are Securities, Judge Says

    A California federal judge on Tuesday denied the U.S. Securities and Exchange Commission's preliminary injunction bid against a cryptocurrency company accused of planning to fraudulently raise money in an initial coin offering, saying the regulator has failed to definitively show the tokens are securities.

  • November 27, 2018

    KPMG Workers Urge Court To Certify Sex Bias Action

    A group of female KPMG LLP tax and advisory workers accusing the firm of maintaining a set of policies and practices that work to depress women's salaries and deny them promotions urged a New York federal court Tuesday to certify their long-running class and collective action.

  • November 27, 2018

    Justices Weigh Missed Deadline In Nutraceutical False Ad Suit

    The U.S. Supreme Court on Tuesday mulled whether a situation would have to be as unique as a Martian attack to create an exception for missing a deadline to appeal the decertification of a class of buyers alleging that Nutraceutical Corp. falsely advertised its Cobra Sexual Energy "aphrodisiac" supplement.

  • November 27, 2018

    Pa. Ruling May Open Floodgates On Cybersecurity Suits

    A recent Pennsylvania Supreme Court ruling opening one of the state's largest private employers up to possible liability for a cyberattack that compromised personal data of tens of thousands of workers has attorneys warning of a potential flood of new privacy lawsuits from employees and consumers alike.

  • November 27, 2018

    Corp. Law Departments Say Legal Needs Will Rise In 2019

    In a departure from previous years, corporate law departments' total legal spending rose by 5 percent from 2016 to 2017, and the vast majority of law departments are eyeing an increase in their legal needs over the next year, according to a new survey released on Tuesday.

  • November 27, 2018

    Long-Discussed Retirement Provisions Make It Into Tax Bill

    Tax legislation introduced Monday borrows heavily from a long-circulating bipartisan retirement bill that seeks to expand the use of certain retirement-savings vehicles, allow employers to automatically enroll workers in retirement plans and shield plan sponsors from fiduciary liability when selecting annuity contracts, among other retirement-related goals.

  • November 27, 2018

    Uber Faces Over $1M In UK, Dutch Fines Over Data Breach

    Uber was hit with fines of almost $1.2 million from British and Dutch privacy watchdogs Tuesday over a 2016 data breach of millions of customer records.

  • November 27, 2018

    Biz Groups Make Plea For Trump To Calm China Trade Tension

    Nearly 150 industry organizations and free trade advocates on Tuesday called on President Donald Trump to end his escalating tariff battle with China at this week’s G-20 summit, saying that the duties have done nothing to budge Beijing and are hampering U.S. businesses.

  • November 27, 2018

    Google, Facebook Defend Tax Structures To EU Lawmakers

    A Facebook tax official denied the company had sought special tax treatment in Europe and a Google executive committed to ending structures in Bermuda as European Union lawmakers sought Tuesday to probe suspected aggressive tax planning within the bloc.

  • November 27, 2018

    UK Lawmakers, Biz Groups Urge Delay Of Digital VAT Mandate

    A U.K. government plan to require digital filing and record-keeping by small companies liable for value-added tax should be delayed, a parliamentary committee and business advocacy groups have urged, saying the national tax authority ignored warnings about the plan’s enactment.

  • November 26, 2018

    Alito, Gorsuch Question Illinois Brick Precedent

    Justices Samuel Alito and Neil Gorsuch on Monday floated the idea of overruling the high court’s landmark Illinois Brick decision, which limits federal antitrust standing to direct purchasers, during oral arguments in a case accusing Apple Inc. of monopolizing the market for apps sold on its devices.

  • November 26, 2018

    Fox, Disney Hit For $1B Over Dashed Malaysian Theme Park

    Resort development giant Genting Malaysia Berhad wants more than $1 billion from Fox Entertainment LLC and the Walt Disney Co., according to a suit filed Monday in California federal court that accuses the two entertainment companies of abandoning a contract to construct Fox World, a Disneyland-style theme park, in Malaysia.

  • November 26, 2018

    Ex-MillerCoors CEO Downplays Pabst As Rival In $400M Trial

    MillerCoors' former CEO on Monday told a Wisconsin jury he never feared competition from Pabst Brewing in an effort to deflate a $400 million contract claim accusing MillerCoors of trying to break its exclusive agreement to brew Pabst's beers because it was scared of a challenge to its business.

  • November 26, 2018

    9th Circ. Won't Revisit FCA Materiality Dispute

    The Ninth Circuit on Monday refused to revisit its ruling that an art school’s alleged payment of bonuses to recruiters was material to federal reimbursement under the U.S. Supreme Court’s landmark Escobar False Claims Act decision.

  • November 26, 2018

    Mitsubishi Sacks Chairman Ghosn Amid Misconduct Claims

    Mitsubishi Motors Corp. ousted Carlos Ghosn as its chairman on Monday shortly after Nissan Motor Co. similarly booted the automotive executive as its chairman after he was arrested by Japanese authorities for alleged financial misconduct.

  • November 26, 2018

    Disney Loses 'Pink Slime' Arbitration Appeal

    Disney can’t get its way over how arbitration should occur in a fight for insurance coverage linked to the “pink slime” news reports aired by subsidiary ABC, a Canadian appeals court ruled Friday, saying the entertainment giant’s reading of the insurance contract didn’t make sense.

Expert Analysis

  • Fiscal Sponsorship: Opportunities And Risks For Nonprofits

    George Constantine

    As the time and hassle of obtaining tax-exempt status increase, the charitable-minded are turning to "fiscal sponsorships" as an alternative. A well-drafted agreement that clearly defines each organization's role is key to obtaining the desired tax treatment, say George Constantine and Christopher Moran at Venable LLP.

  • When Realities Test The Limits Of Your FCPA Program

    Joseph Moreno

    Experienced practitioners are well-aware of the dangers of having a one-size-fits-all Foreign Corrupt Practices Act compliance policy that is oblivious to the realities of the company’s risk profile and business activities. Attorneys with Cadwalader Wickersham & Taft LLP offer tips on when to be flexible and when to stand your ground.

  • An 8-Step Model To Eliminate Workplace Sexual Harassment

    Barbara Hoey

    More than 20 years ago, change management guru Dr. John Kotter introduced an eight-step change methodology to help business leaders transform their workplaces. Barbara Hoey and Jennie Woltz of Kelley Drye & Warren LLP explain how it can be used for a transformation focused on sexual harassment eradication and prevention.

  • With Conflicting Paths On FAA, High Court Likely To Take Both

    Scott Oswald

    Fierce brainpower was on show Monday at the U.S. Supreme Court, where the justices seemed likely to deliver a business-friendly outcome in two separate cases under the Federal Arbitration Act — even though this would require treating the FAA’s blind enforcement of arbitration agreements as sacrosanct in one instance while undermining it in another, says Scott Oswald of The Employment Law Group PC.

  • A Comprehensive Guide To Defending PAGA Claims: Part 2

    Excerpt from Lexis Practice Advisor
    Eric Emanuel

    In the final part of this article, attorneys with Quinn Emanuel Urquhart & Sullivan LLP offer employers detailed steps for responding to, litigating, settling and avoiding claims under California’s Private Attorneys General Act.

  • Learning From A Failed Merger: The Sinclair-Tribune Pitfalls

    Richie Falek

    ​In light of ​r​​egulatory success in recent major media mergers, the termination of Sinclair​ Broadcast​’s attempted acquisition of Tribune Media came as a shock to many.​ Attorneys with Winston & Strawn LLP explain what went wrong and discuss how to avoid having a deal suffer a similar fate.

  • Protecting Law Firm Talent At Both Ends

    Susan Blakely

    By 2030, it is possible that 75 percent of lawyers practicing in the U.S. will be millennials. A broadened focus on retention and advancement of all young lawyers is therefore a logical step forward but it fails to address another major retention issue that law firms should explore, says Susan Smith Blakely of LegalPerspectives LLC.

  • Q&A

    Wendy Olson Talks Twin Falls, Tribes, Private Practice

    Wendy Olson

    Former U.S. Attorney for the District of Idaho Wendy Olson discusses her decades of experience prosecuting white collar crimes and civil rights violations, her work and challenges as U.S. attorney, and her move to private practice.

  • Prospects For Tax Policy In A Divided Post-Election Congress

    Evan Migdail

    The outcome of next week's election remains uncertain, but it is possible to predict some of the policy changes and legislative initiatives likely to arise during lame duck and 116th congressional sessions if Democrats regain a majority in the House of Representatives, say Evan Migdail and Melissa Gierach at DLA Piper LLP.

  • ​Compliance Remains A Key DOJ Priority

    Leslie Caldwell

    Commentators have hailed a new U.S. Department of Justice policy as signaling a softening in the Criminal Division's use of corporate monitors. But it is worth noting what the Benczkowski memo does not change, say former Assistant U.S. Attorney General Leslie Caldwell and Christopher Ting of Latham & Watkins LLP.