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Corporate

  • July 30, 2018

    5 Cybersecurity And Privacy Cases To Watch: Midyear Report

    The rest of 2018 could bring action on a slew of lingering privacy and cybersecurity disputes, including the legal fallout from Equifax's massive data breach, tests to the scope of Illinois' unique biometric privacy law, and challenges to the way tech giants have sought user consent under the European Union's General Data Protection Regulation. Here, Law360 takes a look at five cases cybersecurity and privacy attorneys should keep an eye on in the coming months.

  • July 30, 2018

    Rethink Cybercrime Coverage Suit, Travelers Tells 6th Circ.

    Travelers on Friday asked the full Sixth Circuit to review a panel’s decision that it must cover more than $800,000 that a tool manufacturer lost when cybercriminals posing as a vendor used fraudulent emails to deceive the company into wiring money to a sham bank account, arguing that the ruling is in direct conflict with another decision by the appellate court.

  • July 30, 2018

    Amazon Challenges CWA's Age Bias Suit Over Facebook Ads

    Amazon.com Inc. urged a California federal judge Monday to toss the Communications Workers of America’s “improper” suit accusing the retail giant of violating age discrimination laws with Facebook Inc. job ads targeting younger workers, saying the union lacked standing to sue and left out key points required to pursue age bias claims.

  • July 30, 2018

    Estes Thorne Lures Back Ex-Dallas Hospital GC

    Dallas-based Estes Thorne & Carr PLLC has announced that a health care attorney and former hospital general counsel has rejoined the firm as a partner in its health care regulatory compliance practice group.

  • July 30, 2018

    EU Approves Total Produce's Dole Deal, Sans Salad Co.

    The European Commission on Monday announced the approval of Ireland-based Total Produce PLC's acquisition of a $300 million stake in Dole Food Co., conditional on Dole selling off its bagged salad business in Sweden.

  • July 30, 2018

    15 Minutes With OTC Markets Group's General Counsel

    Besides general knowledge of the law, one of the main qualities Dan Zinn looks for in attorneys who want to join his legal department at OTC Markets Group, which operates over-the-counter trading venues for about 10,000 U.S. and global securities, is a candidate who has a sense of ownership. Here, the top lawyer shares why he moved in-house and what's included in his typical day.

  • July 30, 2018

    Full Tariff Bailout Could Cost $39B, Chamber Says

    On the heels of President Donald Trump’s decision to assist farmers caught in the crossfire of his trade enforcement push, the U.S. Chamber of Commerce said Monday that extending the same relief to other affected producers could stretch the cost to $39 billion.

  • July 27, 2018

    Law360 Names Top Attorneys Under 40

    The 168 attorneys selected as Law360's 2018 Rising Stars are lawyers whose accomplishments belie their age. From guiding eye-popping deals to handling bet-the-company litigation, these elite attorneys under 40 are leading the pack.

  • July 27, 2018

    After $120B Stock Tumble, Facebook Investors Claim Fraud

    Investors filed at least two proposed securities fraud class actions against Facebook in New York federal court, accusing the company and its top brass of misleading shareholders in the months leading up to its disappointing earnings statement and subsequent $120 billion stock drop.

  • July 27, 2018

    Facebook Hit With Shareholder Bid For More Cambridge Docs

    An Alabama public pension fund has asked the Delaware Chancery Court to compel social media giant Facebook Inc. to turn over more of its records related to Cambridge Analytica LLC’s alleged amassing of more than 87 million Facebook users’ private data.

  • July 27, 2018

    Stuart Grant Retires With A Warning For Delaware’s Future

    Two decades after co-founding Grant & Eisenhofer PA, Delaware plaintiffs bar trailblazer Stuart Grant plans to retire to a new litigation finance venture next week, leaving behind a warning that Delaware's courts have largely slammed the door on the stockholder merger challenges he helped pioneer.

  • July 27, 2018

    New FTC Commishes Stake Out Their Privacy Priorities

    A new Republican member of the U.S. Federal Trade Commission on Friday argued that strict privacy laws could allow well-lawyered tech giants to consolidate power and stifle competition, while a new Democrat at the agency, in a separate speech a day earlier, urged smarter self-regulation of connected devices.

  • July 27, 2018

    Intel Agency Points To IP Threats From Cyber Espionage

    China, Iran and Russia are the top sources of cyber economic espionage and trade secret theft threats to the U.S., the National Counterintelligence and Security Center said Thursday, pointing to issues such as software supply chain infiltration and foreign laws that require companies give up certain intellectual property rights.

  • July 27, 2018

    Shareholders Greenlight Disney's $71.3B Fox Deal

    Disney’s planned $71.3 billion deal for Twenty-First Century Fox’s entertainment assets got the seal of approval from both companies’ shareholders on Friday, inching the deal closer to the finish line after a bidding war with Comcast came to an end.

  • July 27, 2018

    What You Need To Know About Patent Litigation In Germany

    Almost two-thirds of Europe's patent infringement cases are lodged in Germany, where the losing side has to pay and injunctions are granted as of right, the first stop on Law360's look at prominent patent jurisdictions around the globe.

  • July 27, 2018

    In-House Counsel Less Stressed By Money Than Other Attys

    In-house counsel were less likely to report being stressed out by finances than any other group of attorneys, according to Law360's recent Satisfaction Survey.

  • July 27, 2018

    Privacy & Cybersecurity Policy To Watch For Rest Of 2018

    A vital trans-Atlantic data transfer mechanism will face its most serious test to date and the newly restocked Federal Trade Commission will begin to chart its own path on privacy and data security issues in the second half of 2018, while landmark privacy laws in the U.S. and European Union will continue to mature and offer new challenges for those swept up by them.

  • July 27, 2018

    Groupon Ordered To Pay IBM $82.5M In Web Patent Case

    A Delaware federal jury on Friday awarded IBM Corp. more than $82 million after finding Groupon Inc. infringed four e-commerce patents that date to the early days of personal computing.

  • July 27, 2018

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    The D.C. Circuit negated a challenge to the Federal Communications Commission's revival of a seemingly technical rule that lets broadcasters reach a higher percentage of U.S. households, authorities in the European Union announced about $130 million in combined fines spread across four electronics manufacturers accused of forbidding their online retailers from offering wares below specific prices and experts warned employers that zero-tolerance policies in the #MeToo era may be perilous. These are some of the stories in corporate legal news you may have missed in the past week.​

  • July 27, 2018

    Brand Battles: Sprint, AT&T, Marriott, Snapchat, Yankees

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Sprint rips AT&T for trying to lock up "5G," Marriott finds itself in a shootout with AC Milan, Snapchat takes aim at a series of "Lens" marks, and New York Yankees slugger Aaron Judge is at the center of another nickname showdown.

Expert Analysis

  • #MeToo's Impact On Sexual Harassment Law Just Beginning

    Susan Sholinsky

    The myriad sexual harassment laws proposed and passed this year show that legislatures are swiftly responding to the #MeToo movement. All employers should keep abreast of developments nationwide, because another state's laws may be coming soon to a legislature near you, says Susan Sholinsky of Epstein Becker & Green PC.

  • The Rise And Fall Of The Millionaire Tax In Massachusetts

    David Nagle

    In a June 20, 2018, decision the Massachusetts Supreme Judicial Court ended a three‑year effort to amend the Massachusetts Constitution and impose an additional tax on individuals with income exceeding $1 million, David Nagle and Joseph Donovan of Sullivan & Worcester LLP analyze the history of the litigation, the decision and its implications.

  • Following The Tax Map To Deduct Loan Commitment Fees

    Mark Leeds

    The deduction for interest as a business expense was substantially limited by last year’s revision of IRC Section 162(c). But last month's IRS chief counsel memo has advised that borrowers in lending transactions can deduct unused commitment fees and provides taxpayers with a road map for structuring transactions to avoid the new limitations, say Mark Leeds and Brennan Young of Mayer Brown LLP.

  • Opinion

    Law Schools Must Take A Stand Against Mandatory Arbitration

    Isabel Finley

    Later this week, Harvard Law students will begin bidding on interview slots with the nation’s top law firms. Our institutions owe it to their students not only to require firms to disclose mandatory arbitration provisions in new associate contracts, but also to bar employers from on-campus recruiting if they require these provisions, says Isabel Finley, a third-year student at Harvard Law School and president of the Harvard Women’s Law Association.

  • Kentucky Nonprofit Galas Just Got A Lot Less Profitable

    Mark Loyd

    The Kentucky Supreme Court decision in Department of Revenue v. Interstate Gas Supply Inc. combined with Kentucky House Bill 487 has resulted in a perfect storm of uncertainty regarding tax-exempt status in the nonprofit world, say attorneys at Bingham Greenebaum Doll LLP.

  • Opinion

    The Problem With SEC's Plan To Cap Whistleblower Awards

    Stephen Kohn

    The U.S. Securities and Exchange Commission's proposal to reduce payments to whistleblowers in the largest anti-fraud cases completely ignores the central purpose of the Dodd-Frank Act's whistleblower provisions, says Stephen Kohn of Kohn Kohn & Colapinto LLP.

  • How FTC Rules Affect Employee-Generated Marketing

    Nick Peterson

    Companies have begun to encourage employees to post about their products on social media, as well as leave reviews on websites like Amazon and Yelp. However, the Federal Trade Commission has expressed concerns that employee marketing can be deceptive to consumers, say Nick Peterson and Brandon Moss of Wiley Rein LLP.

  • Myths And Facts About Using TAR Across Borders

    John Tredennick

    Many legal teams involved in cross-border matters still hesitate to use technology assisted review, questioning its ability to handle non-English document collections. However, with the proper expertise, modern TAR can be used with any language, including challenging Asian languages, say John Tredennick and David Sannar of Catalyst Repository Systems.

  • Cannabis Businesses' Tax Litigation: The Lessons Learned

    Jennifer Benda

    Cannabis businesses operate under a particularly harsh tax regime in which only inventory costs are tax deductable and the federal tax audit rate is extremely high. A serious issue has been lack of clarity about which costs can be considered inventory costs, but in the past month, the courts have issued three opinions that provide businesses with additional guidance, says Jennifer Benda of Fox Rothschild LLP.

  • The Path To Restitution After Lagos

    Shannon Murphy

    While the U.S. Supreme Court's decision in Lagos eliminated the traditional way that many corporate victims recouped investigation costs, there still may be ways for at least a subset of those costs to be recovered, say Shannon Murphy and Steven Grimes of Winston & Strawn LLP.