• November 16, 2017

    EEOC Report Spotlights Bias Suit Spike, Backlog Cut

    The U.S. Equal Employment Opportunity Commission filed more than twice as many discrimination lawsuits in fiscal 2017 as it did in the previous year, while also putting a significant dent in a persistent backlog of pending investigations that had recently drawn the ire of lawmakers, according to an agency report.

  • November 16, 2017

    Arnold & Porter Sues Congo Airline Client For $1M Fee

    Arnold & Porter Kaye Scholer LLP sued the national airline of the Republic of the Congo Wednesday in New York federal court for more than $1 million in legal fees the airline allegedly racked up fending off a contractor’s efforts to enforce a more than €567 million arbitration award against the nation.

  • November 16, 2017

    Ex-Squire Patton Boggs Atty, Prosecutor Joins Nelson Mullins

    A former federal prosecutor and Squire Patton Boggs LLP attorney, who represents a client in the FIFA corruption scandal and has prosecuted New Jersey officials for public corruption, has joined Nelson Mullins Riley & Scarborough LLP.

  • November 16, 2017

    House Passes Tax Bill With Deep Cuts For Businesses

    House Republicans on Thursday succeeded in passing wide-reaching tax legislation, overcoming Democrats’ criticisms that it would significantly lower taxes for corporations and the wealthy while short-changing middle-income earners.

  • November 15, 2017

    9th Circ. OKs Calculating Minimum Wage By Weekly Average

    The Ninth Circuit said Wednesday the Fair Labor Standards Act’s hourly minimum wage requirement applies to weekly per-hour averages rather than actual per-hour pay, saying a conditionally certified class of Conduent workers offered no reason to split with the four other circuits to consider the question.

  • November 15, 2017

    Micron Ruling May Spark New Wave Of Venue Fights

    The Federal Circuit’s decision Wednesday that TC Heartland was a change in the law provides much-needed clarity on a question that has split lower courts and should give some hope to companies whose bids to transfer their cases were thwarted because it was decided they waived their venue argument.

  • November 15, 2017

    DOL Solicitor Pick Queried On Arbitration, Harassment

    Kirkland & Ellis partner Kate O’Scannlain said at a Senate hearing Wednesday to confirm her for the U.S. Department of Labor’s top legal post that employer arbitration clauses “are problematic” when confronting workplace harassment, but she stopped short of supporting their elimination despite agreeing they can keep women unaware of serial harassers.

  • November 15, 2017

    Quest Row Shows High Court's Antitrust Paradox, Judge Says

    A proposed class of patients accusing Quest Diagnostics Inc. of maintaining a lab services monopoly told an appellate panel Wednesday that a lower court incorrectly acted as “a gatekeeper” by dismissing its suit, prompting a Ninth Circuit judge to lament the U.S. Supreme Court’s “de facto different standard for antitrust cases.”

  • November 15, 2017

    Endo Concealed Unit's Alleged Price-Fixing, Investors Say

    Endo International PLC shareholders hit the drugmaker with a proposed class action Tuesday in Pennsylvania federal court claiming it didn’t properly disclose that Par Pharmaceutical Holdings Inc., which the company acquired in 2015, has allegedly colluded to fix generic-drug prices.

  • November 15, 2017

    4th Circ. Rips ‘Inference Upon Inference’ In Stock-Drop Case

    The Fourth Circuit spared PowerSecure International Inc. and its CEO from having to square off against a stock-drop suit, saying Wednesday that securities fraud class actions must include facts that directly suggest a company or its bosses knew of wrongdoing and cannot “stack inference upon inference” to suggest fraudulent intent.

  • November 15, 2017

    House Committee Presses Acosta On OT, Fiduciary Rules

    Labor Secretary Alex Acosta’s comments Wednesday at a U.S. House of Representatives workforce committee hearing on his agency’s priorities were short on policy specifics, including only nuggets of information on key labor issues such as the agency’s rules on overtime pay and retirement savings advice.

  • November 15, 2017

    DC Circ. Threads Needle On Docs Privilege In FTC Row

    A D.C. Circuit panel pressed lawyers for the Federal Trade Commission and Boehringer Ingelheim on Wednesday to spell out the fine line between attorney-client privilege and unprivileged business materials as the FTC investigates a possible pay-for-delay deal.

  • November 15, 2017

    TC Heartland Was A Change In The Law, Fed. Circ. Says

    Resolving a question that has sharply divided district courts, the Federal Circuit on Wednesday ruled the U.S. Supreme Court’s decision restricting where patent suits can be filed was a change in the law — a ruling that could give more defendants a chance to argue their cases should be transferred.

  • November 14, 2017

    Mattel Seeks Toss Of MGA Trade Secret Claim In Bratz Saga

    Mattel urged a California judge on Tuesday to toss out the latest claims from MGA Entertainment alleging stolen trade secrets in a 13-year-old, $1 billion legal battle between the rival toy companies stemming from the design of Bratz dolls, saying the suit is time-barred based on MGA’s earlier suspicions of alleged wrongdoing.

  • November 14, 2017

    Flash-Drive Maker Tells PTAB Patents Should Be Tossed

    Flash-drive company Kingston Technology Co. Inc. urged a Patent Trial and Appeal Board panel Tuesday to nix computer memory patents asserted against it by nonpracticing entity Polaris Innovations Ltd. in a suit allegedly funded by Samsung, arguing the technology would’ve been obvious given earlier technological developments.

  • November 14, 2017

    Glenhill Capital Analyst Concedes Misstep In Del. Trial

    A senior analyst for hedge fund Glenhill Capital Management LP acknowledged concern Tuesday over a company error that now figures in a Delaware Chancery Court investor suit alleging fraud and breaches of duty by the fund and insiders of a controlled company.

  • November 14, 2017

    Feds Extend Immunity To Ex-Retrophin Exec Over Hacking Claim

    A former executive at Martin Shkreli’s drug company Retrophin Inc. struck a nonprosecution agreement with Brooklyn federal prosecutors on Tuesday and continued testifying after lawyers for accused securities fraud co-conspirator and ex-BigLaw attorney Evan Greebel accused him of hacking.

  • November 14, 2017

    Chipotle Wins Halt To Suit Under Axed DOL Overtime Rule

    A New Jersey federal judge agreed Tuesday to stay a Chipotle employee’s proposed overtime class action while the burrito chain awaits a Texas federal court’s decision on a bid to hold the worker and her attorneys in contempt for ignoring a court order blocking the U.S. Department of Labor's expanded overtime rule.

  • November 14, 2017

    Sessions Backs Trump Immigration Policy Before House Panel

    Attorney General Jeff Sessions on Tuesday defended President Donald Trump’s actions on immigration, including ending the deferred action program, arguing a House panel needs to do more to curb illegal immigration.

  • November 14, 2017

    Fidelity Whistleblower Loses Suit Years After High Court Win

    A former finance director at Fidelity Investments failed to prove in Massachusetts federal court that her concerns of possible accounting fraud at the mutual funds business were credible, a jury decided Tuesday.

Expert Analysis

  • Being A Public-Benefit Corporation In California, Delaware

    Jonathan Storper

    Benefit corporation legislation created a new kind of corporation that is required to pursue a social and environmental mission in addition to creating economic benefits for its shareholders. Here, Jonathan Storper of Hanson Bridgett LLP breaks down the reporting requirements for California and Delaware benefit corporations and offers some best practices.

  • Make Way For The 'Unicorns'

    Lucy Endel Bassli

    By "unicorn" I don’t mean the next great tech startup with a valuation of $1 billion. I mean the new breed of lawyers realizing that there are better ways to get their day jobs done, says Lucy Endel Bassli, assistant general counsel leading the legal operations and contracting functions at Microsoft Corp.

  • Series

    Judging A Book: McConnell Reviews 'Unequal'

    Judge John McConnell

    As widespread claims of sexual misconduct continue to surface in the entertainment industry and beyond, a discussion of how judges treat workplace discrimination cases may be particularly timely. Here, U.S. District Judge John McConnell reviews the book "Unequal: How America’s Courts Undermine Discrimination Law," by professors Sandra Sperino and Suja Thomas.

  • Weinstein Scandal Highlights Employment Contract Questions

    Lynne Bernabei

    The Weinstein Company recently fired Harvey Weinstein following a report that he harassed and assaulted multiple women over the last three decades. However, beyond the allegations, the reported terms of Weinstein’s contract with the company raise several legal questions, say Lynne Bernabei and Michael Ellement of Bernabei & Kabat PLLC.

  • The Non-Arbitration Alternative To New York ADR

    Edmund O'Toole

    Corporate transactional attorneys drafting dispute resolution provisions in New York commercial agreements should consider using a provision that would require any dispute arising under the agreement to be determined in accordance with the NY Supreme Court’s Commercial Division and its rules applicable to accelerated adjudication actions, says Ed O’Toole of Venable LLP.

  • Congressional Forecast: November

    Richard Hertling

    After months of talk, speculation and behind-the-scenes negotiations, the Republican tax reform proposal is expected to be released to the public this week. The stakes surrounding it are high; failure to pass the bill could put at risk Republican control of Congress in the 2018 elections, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • Roundup

    Making Pro Bono Work

    Pro Bono Thumbnail

    In this series, attorneys explore the challenges and rewards of pro bono volunteering in the legal profession.

  • Being There: Preparing Witnesses For Depositions

    Alan Hoffman

    Preparing witnesses to be deposed is a critical element of discovery. It is important to remember that each witness is an individual with unique personal qualities, strengths and weaknesses. Getting to know the witness helps establish rapport and trust, says Alan Hoffman of Husch Blackwell LLP.

  • 5 Ongoing Collective Bargaining And Organizing Challenges

    Steven Gutierrez

    Most expect that the current White House and federal agencies will take a more business-friendly approach than in recent years. But when it comes to responding to union organizing campaigns and negotiating collective bargaining agreements, employers still face wide-ranging challenges, says Steven Gutierrez of Holland & Hart LLP.

  • Confronting The Opioid Emergency In The Workplace

    Joanne Bush

    On Thursday, President Donald Trump directed the government to declare America’s opioid crisis a nationwide public health emergency. Employers are inevitably experiencing the effects of this epidemic in the workplace and as a result, facing uniquely challenging legal issues, say attorneys with Jones Day.