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  • October 31, 2018

    IRS Floats Rules To Match Treatment Of Foreign Repatriations

    The Internal Revenue Service on Wednesday proposed regulations to smooth out disparities between two provisions — one of which came from the U.S. tax overhaul — that applied different tax treatments to the investment earnings of domestic companies’ foreign affiliates.

  • October 31, 2018

    The Top In-House Hires Of October

    Xerox Corp. tapped a former deputy counsel at Icahn Enterprises LP as its next general counsel, and the NHL’s Pittsburgh Penguins picked a former chief of staff for Pittsburgh Mayor William Peduto to be the team’s new legal boss. Here, Law360 looks at these and some of the other top in-house hires and promotions of October.

  • October 30, 2018

    Papa John's Failed In Chancery Books Trial, Founder Says

    Papa John's pizza chain founder John Schnatter argued in a post-trial Chancery Court brief on Tuesday that the company mounted a campaign of personal attacks rather than providing evidence at trial supporting its denials of records related to his ouster as CEO and chairman.

  • October 30, 2018

    Chinese Spies Indicted For Alleged Hacking Of US Companies

    The United States has charged two Chinese intelligence officers and eight others purportedly working under their direction for alleged computer hackings over several years that aimed to steal American and European intellectual property related to aerospace technology, the U.S. Department of Justice announced Tuesday.

  • October 30, 2018

    Playa Hotels Taps In-House Counsel As New GC

    Playa Hotels & Resorts NV, which owns and operates all-inclusive resort brands such as Hyatt, Hilton, Jewel Resorts and Panama Jack Resorts in Mexico and the Caribbean, has appointed an in-house lawyer to fill the general counsel role, according to a Tuesday press release.

  • October 30, 2018

    Barnes & Noble Details Ex-CEO's Alleged Harassment

    Barnes & Noble Inc. fired back against its ousted chief executive who has been accused of sexual misconduct against an employee, matching his breach of contract and defamation claims with breach of fiduciary duty counterclaims alleging he torpedoed a potential acquisition of the company.

  • October 30, 2018

    9th Circ. Won't Rethink Expanded Autodialer Definition

    The Ninth Circuit refused Tuesday to reconsider its decision to use an expanded definition of "autodialer" to revive a putative class action accusing gym chain Crunch San Diego LLC of spamming members' cellphones with text messages.

  • October 30, 2018

    Genentech Sues Over Stolen Secrets; 4 Ex-Workers Indicted

    A former top scientist for San Francisco-based Genentech Inc. and three of her former co-workers have been charged in California federal court with stealing medical formulas and other trade secrets for Taiwanese rival JHL Biotech Inc., which was simultaneously slapped with a sprawling civil suit accusing it of stealing the know-how to make cheaper alternatives for cancer, lymphoma and cystic fibrosis treatments.

  • October 30, 2018

    Internet Cos. Flag Foreign Trade Barriers For USTR Report

    A trade association of internet companies, including Facebook, Google and Airbnb, has accused the European Union, China and a slew of other nations of constructing unfair trade barriers against U.S. companies, such as curbing the flow of data and imposing copyright restrictions, according to a filing submitted to the Office of the U.S. Trade Representative.

  • October 30, 2018

    Ex-Valeant Exec, Pharmacy CEO Get Year For Kickback Fraud

    A former Valeant Pharmaceuticals International Inc. executive and the ex-CEO of mail-order pharmacy Philidor Rx Services LLC were each sentenced Tuesday to a year and a day in prison for orchestrating a $9.7 million kickback scheme tied to a potential acquisition deal.

  • October 30, 2018

    GE Says Power Business Is A Focus Of DOJ, SEC Probes

    General Electric Co. said Tuesday the U.S. Department of Justice and U.S. Securities and Exchange Commission are investigating a $22 billion charge related to its power business as part of broader inquiries into its accounting practices.

  • October 30, 2018

    The Hurdles That Could Trip Up IBM's $34B Red Hat Deal

    IBM's acquisition of open-source software developer Red Hat is set to create a global powerhouse provider of cloud services, but the companies still have to persuade regulators that the merger will not stifle competition or lead to data protection breaches and convince shareholders the deal is fair.

  • October 30, 2018

    DOL Looks To Nix Challenge To Injury Reporting Freeze

    The U.S. Department of Labor asked a Washington, D.C., federal court on Monday to toss a suit challenging its decision to not collect detailed electronic workplace injury and illness data from businesses as per an Obama-era rule that is being reconsidered, saying it rightfully rightfully eschewed the data because of privacy concerns.

  • October 30, 2018

    Chancery Suit Slams Murdochs’ $83M Disney Merger Windfall

    Terming the awards “preposterous,” Twenty-First Century Fox Inc. stockholders opened a Delaware Chancery Court class damage suit Monday targeting nearly $83 million in retention bonuses for controlling investor Rupert Murdoch and his sons as part of Fox’s planned $71.3 billion merger with Walt Disney Company.

  • October 30, 2018

    NLRB Extends Comment Deadline For Joint Employer Rule

    The National Labor Relations Board on Tuesday pushed back the deadline for public feedback on its proposed rule for analyzing whether two businesses jointly employ workers, a closely watched regulation that proposes to roll back the test set in the board's controversial 2015 Browning-Ferris Industries decision.

  • October 30, 2018

    Chinese Regulators Vow Support To Ease Market Fears

    Chinese securities regulators pledged to accelerate reforms aimed at boosting confidence in its capital markets on Tuesday, including measures that the watchdog says will ease market liquidity, encourage long-term investment and improve the quality of listed companies through better disclosure.

  • October 30, 2018

    Fed. Circ. Reboots Chuck Taylor Trademark Case

    The Federal Circuit on Tuesday revived Converse Inc.’s long-running trademark case against Skechers and others over the Chuck Taylor sneaker, tossing out a ruling that the company lacked a valid registration for the famous shoe.

  • October 29, 2018

    Canadian Privacy Chief Offers Guidance On New Breach Rule

    Canada's privacy commissioner on Monday released long-awaited guidance on how companies can meet their reporting and record-keeping obligations under a federal breach-notification regime set to take effect later this week, although the regulator continued to express frustrations with the "limited resources" his office currently has to enforce the new law. 

  • October 29, 2018

    New AIA Plan May Be A Tough Path To Patent Amendments

    The U.S. Patent and Trademark Office’s proposal to change the system of seeking patent amendments in America Invents Act reviews could give patentees better odds of success, but it is based on an accelerated time frame that may prove daunting for parties and the office, attorneys say.

  • October 29, 2018

    Ex-KPMG Partner Pleads Guilty In Audit Watchdog Fraud Case

    A former KPMG partner on Monday copped to his role in an alleged scheme to funnel inside information about the Public Company Accounting Oversight Board's plans to inspect particular audits to top KPMG accountants.

Expert Analysis

  • How FIRRMA Changes The Game For Tech Cos. And Investors

    Steven Croley

    The Foreign Investment Risk Review Modernization Act, signed into law in August, will significantly alter how the Committee on Foreign Investment in the United States conducts its work. Emerging technology companies, and their prospective investors, must be mindful of whether investments are now subject to CFIUS jurisdiction, say attorneys at Latham & Watkins LLP.

  • 10 Questions The SEC Will Probably Ask Google: Part 2

    John Reed Stark

    Google reportedly opted not to disclose a cybersecurity vulnerability this past spring due to fears of drawing regulatory scrutiny and causing reputational damage. This fact will be a lightning rod for SEC enforcement attention, says John Reed Stark, former chief of the SEC's Office of Internet Enforcement.

  • Kavanaugh Cannot Be Compelled To Recuse Himself

    Donald Scarinci

    Whether Justice Brett Kavanaugh’s prior statements may be grounds for disqualification when it comes to judging certain cases is debatable, but there are no specific recusal guidelines for the U.S. Supreme Court. The justices themselves don’t even agree on where to draw the line when it comes to perceived political bias, says Donald Scarinci, a founding partner of Scarinci Hollenbeck LLC.

  • What Jurors Think Of #MeToo: A Snapshot

    Dan Gallipeau

    Recently, we began examining the attitudes of potential jurors on the #MeToo movement and related issues. This article shares some of our preliminary survey findings, which are on point with issues we all see daily in the media, says Dan Gallipeau of Dispute Dynamics Inc.

  • 10 Questions The SEC Will Probably Ask Google: Part 1

    John Reed Stark

    With the announcement this week that a previously undisclosed software bug potentially exposed up to 500,000 Google+ users' personal data, Google has a problem. And the U.S. Securities and Exchange Commission is probably investigating, says John Reed Stark, former chief of the SEC's Office of Internet Enforcement.

  • Knowledge Management: An Unsung Hero Of Legal Innovation

    Rob MacAdam

    As technology evolves, law firms are increasingly looking for ways to improve communication, transparency and service for their clients. Firms should put knowledge management at the core of their value proposition to create a competitive advantage, says Rob MacAdam at HighQ.

  • Defamation In Litigation: A Primer On Privileges In NY

    Jonathan Bloom

    Under New York law, statements made in court and other litigation-related communications are, in most cases, privileged. But these privileges have limits, and it behooves litigants — particularly those inclined to speak publicly about their cases — to be aware of them, says Jonathan Bloom of Weil Gotshal & Manges LLP.

  • Recent Trends In Shareholder Activism

    Warren de Wied

    Despite poor financial performance among activist funds, the number of public campaigns has increased sharply. Attorneys with Fried Frank Harris Shriver & Jacobson LLP explore the themes in this year's campaigns, the impact on M&A and board concentration, and how companies must respond.

  • Why Janus Should Make Public Employers Think Twice

    Daniel Altchek

    In Palardy v. Township of Millburn, the Third Circuit recently held that public employee union membership and activity is protected under the First Amendment. However, it did not address how the U.S. Supreme Court's Janus ruling may have already signaled a resolution of the circuit split on this issue, says Daniel Altchek of Miles & Stockbridge PC.

  • Hurdles Ahead For California's Female Director Mandate

    Teresa Johnson

    Many believe that California's new law requiring a minimum number of female directors at public companies is necessary. But the law also faces a number of criticisms, and its implementation may well be delayed or even blocked by constitutional challenges, say attorneys with Arnold & Porter.