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Corporate

  • May 8, 2018

    Visium, Ex-CFO Settle SEC Claims Tied To Trading Scandal

    The U.S. Securities and Exchange Commission on Tuesday ordered hedge fund firm Visium Asset Management LP to pay roughly $10.1 million to settle claims tied to a high-profile alleged scheme by the firm's former portfolio managers, while Visium's former chief financial officer agreed to be barred from the securities industry for a year over claims that he failed to properly supervise those same traders.

  • May 8, 2018

    DOJ To Judge: Block AT&T-Time Warner Deal Or Carve Out Fix

    The U.S. Department of Justice urged a D.C. federal judge in a court filing Tuesday to either block AT&T’s planned purchase of Time Warner outright, or require the companies to sell Turner Broadcasting or DirecTV before moving ahead with the deal.

  • May 8, 2018

    Redbox Scoffs At Disney's Latest Bid To Stop Code Sales

    Redbox asked a California federal judge to reject Disney’s second bid to ban it from from selling digital movies at its kiosks, arguing that Disney’s after-the-fact changing of a few words in its terms does not give the media giant the right to restrict its products once they’re sold.

  • May 8, 2018

    Sen. Brown Slams Banks For Cutting Jobs, Raising Exec Pay

    Sen. Sherrod Brown, D-Ohio, sent letters to the chief executive officers of six major banks, including Bank of America and JP Morgan Chase, asking them to provide the public with detailed plans to reinvest in American workers during “this golden age of profitability,” the lawmaker said Tuesday.

  • May 8, 2018

    Female In-House Attys Earn 84 Cents For Every Dollar Men Do

    Female in-house counsel earn 84 percent of what their male counterparts earn on average, with the gender pay gap growing steeper still at the general counsel level, a report released Tuesday said.

  • May 8, 2018

    Equifax Reveals 56K IDs Stolen In Breach That Hit 146M

    Credit reporting giant Equifax on Monday revealed more details about the consumer data stolen during a breach last year that affected 146.6 million consumers in the U.S., writing in a Securities and Exchange Commission filing that the hackers lifted 56,200 government-issued IDs from its online dispute resolution portal.

  • May 8, 2018

    Jay-Z Has Date With SEC To Discuss Rocawear Sale Fallout

    Manhattan U.S. District Judge Paul G. Gardephe ordered Jay-Z on Tuesday to give testimony to the U.S. Securities and Exchange Commission in its probe of Iconix Brand Group Inc., a troubled fashion brand company that bought assets from the rapper's Rocawear clothing line for $204 million in 2007.

  • May 8, 2018

    DC Circ. OKs NLRB Order Striking Union Resignation Rule

    The National Labor Relations Board correctly found that a union's rule requiring workers at a Michigan union hall to resign membership in person illegally restricted their rights to quit the union under the National Labor Relations Act, the D.C. Circuit said in a published opinion Tuesday.

  • May 7, 2018

    DOL Declines To Scrap Fiduciary Rule Despite Invalidation

    The U.S. Department of Labor announced on Monday that financial advisers are free to continue relying on its now-invalidated, Obama-era fiduciary rule for the time being, though they won't be penalized if they stop.

  • May 7, 2018

    Employers Scrambling To Revisit Boilerplate Drug Policies

    James Reidy, chair of Sheehan Phinney Bass & Green PA’s employment group, maintains a traditional practice that includes advising employers on wage laws and handling discrimination suits. But lately, one issue has been demanding more and more of his time: workplace drug policies.

  • May 7, 2018

    House Reintroduces Bill To Align FTC, DOJ Merger Reviews

    After a previous version stalled last year, a new bill aimed at harmonizing the Federal Trade Commission and U.S. Department of Justice’s merger review procedures has been introduced and could be debated by the full House of Representatives later this week.

  • May 7, 2018

    NLRB Chair's 1st Ruling Sides With Wrongly Fired Worker

    The National Labor Relations Board ruled Friday that a defunct janitorial services company illegally fired an employee who pursued wage theft claims and spoke to Houston city lawmakers about poor working conditions at the company — the first decision involving newly installed NLRB Chairman John Ring.

  • May 7, 2018

    Attys Gird For Potential End Of H-4 Holders' Ability To Work

    Attorneys are bracing for proposed policy changes that could lead to the revocation of H-4 visa holders' ability to work in the U.S., trying to minimize disruption to their careers by pursuing alternative immigration options.

  • May 7, 2018

    Worker Advocates Say NLRB Deal Lets McDonald’s Off Hook

    Worker advocates urged an administrative judge Friday to reject a settlement between the National Labor Relations Board’s general counsel and McDonald USA LLC that would end a sprawling case over whether the company and its franchisees are joint employers, saying the agreement is marred by procedural shortcomings.

  • May 7, 2018

    New 'Cryptojacking' Threat Exposes Old Flaws In Security

    A new cyberattack called “cryptojacking” that hijacks laptops and cellphones and turns them into unwitting cryptocurrency harvesting devices should remind attorneys and the CEOs they serve that the public, regulators and lawmakers are taking a dim view on lax security, experts warn.

  • May 7, 2018

    15 Minutes With Mattress Firm’s General Counsel

    Kindel Elam is living her dream, both physically and metaphorically, as executive vice president and general counsel of Mattress Firm. After eight years at Fulbright & Jaworski LLP, Elam decided she wanted to go in-house at the retail company. Mattress Firm, which had been her client since 2007, went public in 2011 and was looking to hire a general counsel. Here, she shared what keeps her up at night — besides her dog — and her advice to lawyers hoping to make a similar in-house transition.

  • May 4, 2018

    Law360 Reveals Titans Of The Plaintiffs Bar

    They’ve gone up against big-name companies while advocating for plaintiffs ranging from grieving family members to shareholders and consumers in some of the biggest and most well-known cases of the past year.

  • May 4, 2018

    Rite Aid Wants Ex-GC's Legal Fee Demands Thrown Out

    Rite Aid Corp. urged the Delaware Chancery Court late Thursday to scuttle two legal fee claims by the company’s once-jailed general counsel, citing disqualification of one demand under the company’s charter and a dismissed case that mooted the second. 

  • May 4, 2018

    US, China Leave Trade Talks With 'Considerable Differences'

    After two days of hardball negotiations in Beijing, the U.S. trade delegation to China is returning to Washington without any public commitments from the communist superpower to increase U.S. market access and strengthen intellectual property protection at a time of increasing economic hostility between the two nations.

  • May 4, 2018

    Brand Battles: Trader Joe's Takes On 'Trader Schmo'

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, grocery chain Trader Joe's starts a fight over a "Trader Schmo" line of Kosher snacks, guitar giant Gibson stays vigilant despite a bankruptcy filing, and Major League Baseball's players union takes offense at a "Players Only" slogan.

Expert Analysis

  • Equal Pay: Where Do We Stand Now?

    Debra Ellwood Meppen

    In Kelly Ellis v. Google, a California federal judge recently denied Google's bid to dismiss classwide claims alleging gender-based pay discrimination. If the class is certified and if the plaintiffs win, it may signify the beginning of the end of the fight for equal pay for women, say Debra Ellwood Meppen and Laurie DeYoung of Gordon & Rees LLP.

  • Comparing Corp. Criminal Liability In US, UK, France: Part 1

    Mark Srere

    The first article in a two-part series by attorneys from Bryan Cave Leighton Paisner LLP considers the current position on corporate criminal liability in the U.S., U.K. and France.

  • Have Your Cake, Eat It Too: Stocks Taxed As Assets In M&As

    Kelly Frey

    Certain M&A transactions can be structured as stock deals, but taxed as asset deals, with an IRC section 338(h)(10) election. Transactional attorneys failing to advise of the election can cost a client millions in lost tax savings and may face malpractice claims, say attorneys Kelly Frey and Amelia Lant at Nelson Mullins Riley & Scarborough LLP in Nashville, Tennessee.

  • Rule 23 Changes: Avoid Delays In Class Settlement Approval

    Shandarese Garr

    Among the proposed amendments to Rule 23 of the Federal Rules of Civil Procedure, which are scheduled to take effect Dec. 1, are specific requirements related to “front-loading.” They outline the process for seeking preliminary court approval of class action settlements and related notice plans, say Shandarese Garr and Niki Mendoza of Garden City Group LLC.

  • How Companies Can Foster Internal Whistleblowing

    Gary Giampetruzzi

    Despite the powerful incentives to engage in external whistleblowing after Digital Realty, companies should know that their compliance programs can contribute in meaningful ways to whether employees decide to report possible misconduct internally or to the U.S. Securities and Exchange Commission, say attorneys with Paul Hastings LLP.

  • Best Practices For Building A Better Meeting

    Nicholas Cheolas

    How can we improve meetings in the legal industry, which tends to evolve with the speed of a tranquilized water buffalo mired in quicksand? Breaking it down to three phases can yield significant benefits, says Nicholas Cheolas of Zelle LLP.

  • At Wayfair Args, Justices Seem Hesitant To Overturn Quill

    Clark Calhoun

    While the justices' comments during oral argument in South Dakota v. Wayfair Tuesday indicate that the U.S. Supreme Court is divided about the appropriate response to the South Dakota law at the heart of this matter, a ruling to affirm the status quo and hold for the taxpayers would not be surprising, say attorneys with Alston & Bird LLP.

  • Tips For Defending PCAOB Investigations

    Robert Cox

    It is important for auditors and their counsel to understand the Public Company Accounting Oversight Board's investigatory and decision-making process. In addition, recent developments like the D.C. Circuit's ruling in Laccetti may impact how an attorney defends an investigation, says Robert Cox of Briglia Hundley PC.

  • 5 Ways Law Firms Are Becoming More Like Hotels

    Bella Schiro

    One way law firms differentiate themselves from the competition to attract and retain top talent is through their real estate and workplace strategies. Taking a lead from the hospitality industry can help create a more inviting, welcoming and collaborative workspace environment, says Bella Schiro of Jones Lang LaSalle Inc.

  • What's New In NIST’s Updated Cybersecurity Framework

    Alan Raul

    On Tuesday, the National Institute for Standards and Technology released a revised version of its standard-setting Cybersecurity Framework, once again producing a useful, flexible document that can be applied or adapted by a wide range of companies, says Alan Raul, leader of Sidley Austin LLP's cybersecurity practice.