• November 30, 2017

    Keurig Rival Ordered To Return Docs In Trade Secrets Row

    Appliance company SharkNinja must get rid of any documents that its workers allegedly took from Keurig Green Mountain Inc. before they left to work at the rival appliance company, a Massachusetts federal judge ordered on Thursday in a month-old trade secret row filed by the coffee maker giant.

  • November 30, 2017

    Walmart Fights Denial Of 'Investing In American Jobs' TM

    Walmart told a panel of skeptical Trademark Trial and Appeal Board judges it should allow the company to register the trademark “Investing in American Jobs,” arguing the evidence used to reject the mark for being "merely informative" failed to show others used it as a slogan.

  • November 30, 2017

    Coinbase Must Give Info To IRS For Transactions Over $20K

    A California federal judge on Wednesday handed the Internal Revenue Service a partial win in the agency’s bid to seek records from Coinbase Inc., saying the virtual currency exchange must hand over information on accounts with transactions of greater than $20,000.

  • November 30, 2017

    Ex-Akin Gump Atty Pleads Guilty In DOJ Suit-Selling Case

    A former partner at Akin Gump Strauss Hauer & Feld LLP pled guilty in California federal court Wednesday to charges that he stole a sealed government complaint while still employed with the U.S. Department of Justice and tried to sell the information to a cybersecurity company then under investigation.

  • November 30, 2017

    The Top In-House Hires Of November

    November's notable legal department hires include new general counsels at Barclays, the National Labor Relations Board and Deutsche Bank.

  • November 29, 2017

    SBM Offshore To Pay $238M Fine For FCPA Bribery Violations

    SBM Offshore NV, a Dutch-based oil drill manufacturer, pled guilty to conspiring to violate the Foreign Corrupt Practices Act in Texas federal court Wednesday, agreeing to pay $238 million for its role in a scheme to bribe officials across the globe for government contracts.

  • November 29, 2017

    Judge Blames Uber Deputy GC For Waymo IP Trial’s Delay

    A California federal judge blamed Uber’s deputy general counsel for a two-month delay of Waymo’s trade secrets trial over allegedly stolen self-driving car technology, saying in a hearing Wednesday that Uber’s failure to produce an ex-employee’s letter meant the lawyer may be “in trouble.”

  • November 29, 2017

    5 Takeaways From The 'New' FCPA Corporate Charging Policy

    A new policy guiding when corporations can avoid criminal charges under the Foreign Corrupt Practices Act for bribing foreign officials formalizes what had been a U.S. Department of Justice experiment and gives some amount of certainty for companies, experts say.

  • November 29, 2017

    As GCs Grow In Stature, Bonuses Are On The Rise

    General counsel and chief legal officers saw their total compensation grow by almost 10 percent between 2015 and 2016 with bonuses accounting for much of the increase, reflecting the rising importance of legal department leaders, according to a new study released Wednesday.

  • November 29, 2017

    Ex-Comverse GC Loses FOIA Bid Tied To 'Backdating' Scam

    A New York federal judge dismissed a Freedom of Information Act suit Tuesday, brought by the former general counsel of Comverse Technology Inc. who was seeking documents related to his 2006 guilty plea in a stock options “backdating” scheme, saying his claims the government may have improperly pursued his case didn't outweigh witnesses' privacy.

  • November 29, 2017

    After Inquiry, NLRB's Emanuel Discloses More Ex-Clients

    Former Littler Mendelson PC shareholder and recent National Labor Relations Board addition William Emanuel has previously represented some of the largest consumer corporations and banks in the country — from to JPMorgan and Wells Fargo — many of which were previously undisclosed during his nomination, according to a list of clients released Tuesday.

  • November 29, 2017

    9th Circ. Says ESPN App User's Data Isn't Personal Info

    The Ninth Circuit on Wednesday ruled that although an ESPN app user claiming the sports network disclosed his private information to an analytics company had standing to sue, a lower court was right to toss his suit because the information was not personally identifiable under the Video Privacy Protection Act.

  • November 29, 2017

    DOJ Outlines Protections For Cos. Aiding FCPA Investigations

    Deputy Attorney General Rod Rosenstein on Wednesday announced a new U.S. Department of Justice enforcement policy for the Foreign Corrupt Practices Act aimed at incentivizing voluntary disclosures of corporate wrongdoing.

  • November 29, 2017

    Network Fires Garrison Keillor Amid Misconduct Claims

    Minnesota Public Radio has cut ties with Garrison Keillor, the former host of “A Prairie Home Companion,” after he was accused of inappropriate behavior with a co-worker, the organization said on Wednesday.

  • November 29, 2017

    EU Data Watchdogs Set Up Task Force To Tackle Uber Breach

    European data protection authorities said Wednesday that they are pooling their resources to probe Uber’s recently disclosed data breach, which has put the ride-sharing company in regulators’ crosshairs.

  • November 29, 2017

    DOJ Plan To Speed Merger Reviews Gets Skeptical Response

    The U.S. Department of Justice Antitrust Division’s new leadership has been talking about plans to tackle a steady rise in the length of time it takes to complete merger reviews, but antitrust attorneys tell Law360 more can be done.

  • November 29, 2017

    Matt Lauer Canned By NBC After Sexual Misconduct Report

    NBC News has fired longtime "Today" show co-anchor Matt Lauer after receiving a complaint about his “inappropriate sexual behavior in the workplace” on Monday, the network said Wednesday morning.

  • November 28, 2017

    Uber Sued Under Wash.’s Revamped Breach Reporting Law

    Washington state's attorney general on Tuesday became the latest to sue Uber over its recent disclosure that a massive hack in 2016 had exposed 57 million riders and drivers' personal data, alleging the ride-share giant broke the state's recently amended breach notification law by waiting more than a year to reveal the incident.

  • November 28, 2017

    Justices Push Back Against Wider Whistleblower Definition

    Several U.S. Supreme Court justices seemed inclined Tuesday to hew to a narrow definition of the term "whistleblower," an interpretation that could significantly limit the reach of anti-retaliation measures meant to protect whistleblowers under the Dodd-Frank Act.

  • November 28, 2017

    Justices Grapple With ‘Gibberish’ In State Securities Case

    The U.S. Supreme Court on Tuesday appeared to struggle with a question about whether Congress had intended to bar state courts from hearing certain types of securities class actions brought under federal law, leading two of the court’s conservative justices to bemoan the “gibberish” of the statutory language they were being asked to interpret.

Expert Analysis

  • Remaining Questions About US Paris Agreement Withdrawal

    Silvia Maciunas

    Last week’s annual meeting of the 23rd Conference of the Parties addressed, among other issues, implementation of the Paris climate change agreement. The U.S. has already submitted a notification of its intention to withdraw from the agreement, but because it has been submitted early, it is unclear whether it will satisfy the withdrawal requirements, says Silvia Maciunas of The Centre for International Governance Innovation.

  • A Look At Argentina’s New Anti-Corruption Law

    kim Nemirow

    Argentina took a significant step this month in its efforts to combat corruption. The law creates corporate criminal liability and will have a material impact on a number of companies that now must comply or face significant potential penalties or debarment, say Kim Nemirow and Lucila Hemmingsen of Kirkland & Ellis LLP and Gustavo Morales Oliver of Marval O'Farrell & Mairal.

  • Roundup

    Judging A Book

    Constance Baker Motley

    Are the latest books on the judicial system worth reading? Federal judges share their thoughts in this series of book reviews.

  • Don't Waste This Planning Cycle: Year-End Strategies

    Hugh A. Simons

    Law firms are businesses where partners operate with significant autonomy. To see their priorities translate into individual partner action, firm leaders should use a few collaborative strategies, suggests Hugh A. Simons, former senior partner of The Boston Consulting Group and former COO of Ropes & Gray LLP.

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.

  • 6 Legal Issues That Enable Serial Harassers

    Richard Seymour

    The questions raised in the public mind by the allegations against those accused of sexual and racial harassment are important. For example, if the allegations are true, how did it manage to go on for so long? Parts of the answers to such questions are clear, and the evidence of the enablers is not pretty, says attorney, arbitrator and mediator Richard Seymour.

  • Why Securities Lawyers Are The New Employment Lawyers

    Christopher Regan

    Whistleblower retaliation claims have a unique securities law slant and involve sensitive, unresolved areas that should cause all stakeholders to consider whether the typical employment lawyer is equipped to handle these cases, say attorneys with Buckley Sandler LLP.

  • Series

    Judging A Book: Gilstrap Reviews 'Alexander Hamilton'

    Judge Rodney Gilstrap

    While Alexander Hamilton is the subject of a hit Broadway musical and renewed biographical examinations, professor Kate Brown takes us down a road less traveled in her book "Alexander Hamilton and the Development of American Law" — showing Hamilton as first, last and foremost an American lawyer, says U.S. District Judge Rodney Gilstrap of the Eastern District of Texas.

  • The Oracle Audit: Lessons From The Only Licensee Suit

    Arthur Beeman

    Today, 97 percent of Fortune 500 companies license at least some Oracle-branded software. And, as licensees like Mars are discovering, Oracle may subject customers to an expansive auditing process. Early retention of counsel provides a licensee’s best shot at quickly resolving the audit process while avoiding the expensive and restrictive quick fixes that Oracle might propose, say attorneys with Crowell & Moring LLP.