• February 26, 2018

    Ex-Autonomy CFO’s Lies Clinched $11B HP Deal, Jury Hears

    Autonomy Corp.’s ex-financial chief lied about the British software maker’s worth ahead of Hewlett-Packard Co.’s $11 billion purchase of the company, prosecutors told a California federal jury during opening statements in his fraud trial Monday, while his lawyers countered that the government was trying to “turn a failed merger into a crime.”

  • February 26, 2018

    In Surprising Move, PTAB Tackles Tribal Immunity Head-On

    Deciding it could review the validity of patents covering Allergan PLC’s Restasis drug, the Patent Trial and Appeal Board tackled the issue of tribal sovereign immunity head-on, surprising legal experts who said there were easier ways the board could have resolved the dispute.

  • February 26, 2018

    Focus Tightening On Debate Over Banning Post-IPO Suits

    The idea of forcing shareholders in IPO-related investor suits into arbitration has garnered increased attention in recent days, with the SEC’s investor advocate saying it’s a “draconian” measure that would deny investors the right to class action claims and one legal expert predicting the issue may have to be decided at the Supreme Court.

  • February 26, 2018

    15 Minutes With Twilio's General Counsel

    Karyn Smith's journey from BigLaw attorney to general counsel for communications platform Twilio has given her a unique vantage point on the changing media world, from net neutrality to customer confidence to data privacy concerns.

  • February 26, 2018

    After Redbox Ruling, All Eyes On 2nd Circ.'s First-Sale Case

    Disney made headlines last week with a ruling that the studio had “misused” copyrights to stop Redbox from reselling movies, but the more important decision on second-hand digital content is going to be issued by the Second Circuit in the months ahead.

  • February 26, 2018

    Apple To Put Cloud Data Encryption Keys In China

    Apple Inc. said Saturday it is moving the digital keys that unlock China-based users’ iCloud accounts to the Chinese mainland, in a bid to comply with Beijing’s new stringent cybersecurity law that may make it easier for Chinese authorities to access the users’ data.

  • February 26, 2018

    Justices Recognize High Stakes Of AmEx Antitrust Case

    The U.S. Supreme Court appeared split on the legality of American Express Co.’s so-called anti-steering contracts for merchants at oral arguments Monday in a case the justices agreed could have major consequences for the antitrust world.

  • February 26, 2018

    Facebook’s $35M Deal To End IPO Suit Gets Initial OK

    A New York federal judge on Monday preliminarily approved Facebook Inc.’s $35 million deal to resolve a certified securities class action alleging the tech giant hid key financial forecast information from investors leading up to its initial public offering in May 2012, causing its stock to languish in its first year.

  • February 26, 2018

    4 Essential Tasks New GCs Should Immediately Conquer

    The beginning days, weeks and months as a new general counsel or chief legal officer are vital to success. First impressions and chaos control count, and there’s a lot of groundwork to cover when settling in to a position, whether it’s at a different company or the result of a promotion. Here, Law360 looks at the crucial first steps for every new top lawyer to tackle.

  • February 26, 2018

    Clarity Sought On Tax Law's Treatment Of Executive Pay

    Because of new restrictions on deductions for executive compensation under federal tax reform, companies may be unable to deduct performance-based executive pay even though they followed previous regulations — it all depends on how the IRS interprets a transition rule.

  • February 26, 2018

    NLRB Puts Prior Joint Employer Test Back In Play

    The National Labor Relations Board on Monday unanimously vacated its recent Hy-Brand joint employer ruling in light of an inspector general report that faulted board member Bill Emanuel for improperly participating in that case, meaning that the 2015 Browning-Ferris test for determining joint employment is once again the law of the land.

  • February 26, 2018

    Anti-Gay Discrimination Is Sex Discrimination, 2nd Circ. Says

    Discrimination based on sexual orientation is covered by Title VII’s ban on gender bias, the Second Circuit ruled Monday, siding with the estate of a deceased skydiving instructor who was allegedly fired for telling a client he was gay.

  • February 23, 2018

    What To Watch As High Court Takes On Microsoft Warrant Row

    The U.S. Supreme Court is gearing up to hear arguments Tuesday in a high-stakes fight over the federal government's ability to access data stored abroad by Microsoft, and court watchers expect the justices to focus on a range of thorny legal and public policy issues in their quest to decide the close question of whether privacy rights or law enforcement needs should prevail.

  • February 23, 2018

    DOJ Official Urges Consistency In Tech Antitrust Enforcement

    A top U.S. Department of Justice antitrust official said Friday in a London speech that despite the rapid pace of change in the data and tech landscape, open-minded, evidence-based enforcement remains the crucial ingredient to prevent governments from harming innovation and consumers.

  • February 23, 2018

    Days Appear Numbered For Lax Online Sales Tax Collection

    Tax advisers say there's a growing awareness and concern among online sellers that the lax and sporadic sales tax collection practices of the past are over.

  • February 23, 2018

    Up Next At The High Court: Antitrust Rule, Public Unions

    The U.S. Supreme Court is closing out its February oral argument session with a blockbuster docket, taking on a key doctrine of antitrust law in a case involving American Express Co. and pondering the fate of public sector unions.

  • February 23, 2018

    Looming Cap On Borrowing Could Alter Financing Strategies

    In four years, the new tax law is scheduled to tighten restrictions on businesses claiming deductions for interest paid on borrowed funds, but highly leveraged companies already are evaluating how this imminent change will affect their cash flows and financing options.

  • February 23, 2018

    JPMorgan Inks $2.25M TCPA Deal Over Robocalls

    A Georgia federal court Friday was asked to preliminarily approve JPMorgan Chase Bank NA’s $2.25 million settlement of Telephone Consumer Protection Act claims that the bank autodialed the cellphones of hundreds of thousands of customers after they verbally asked that the calls to stop.

  • February 23, 2018

    9th Circ. Flips ERISA Ruling To Favor Transamerica

    A Ninth Circuit panel ruled Friday that Transamerica was not a fiduciary to a class of investors when the company negotiated terms with their employers to manage their retirement plans, effectively dismissing claims that Transamerica violated ERISA by charging certain fees and revenue sharing with fund managers.

  • February 23, 2018

    Tax Reform Seen Prompting Few Transfer Pricing Settlements

    The new U.S. tax on deemed repatriated offshore earnings could encourage the Internal Revenue Service to settle some pending transfer pricing cases, but it won’t cause the agency to abandon most of those assessments, practitioners told Law360.

Expert Analysis

  • Series

    Judging A Book: Kendall Reviews 'On The Jury Trial'

    Judge Virginia Kendall

    As someone who spent half her days last year on the bench presiding over trials, I often find the alarmist calls to revamp the jury trial system a tad puzzling — why is making trial lawyers better rarely discussed? Then along comes a refreshing little manual called "On the Jury Trial: Principles and Practices for Effective Advocacy," by Thomas Melsheimer and Judge Craig Smith, says U.S. District Judge Virginia Kendall of the Northe... (continued)

  • The Software Implementation Project Failed — Now What?

    David Shapiro

    The implementation of a new software system is expensive and time-consuming, and in an alarming number of cases it does not go well. If a company has concluded that a software project has failed, it has various options, but all are based on one unshakable fact: Software implementation failures are incredibly expensive to remediate, says David Shapiro of the Shapiro Litigation Group.

  • Florida Waiver Ruling Reinforces Substance Over Form

    Tirzah Lollar

    A Florida federal court's recent ruling that Morgan Lewis & Bockius LLP had waived work-product protection over witness interview notes compiled during an internal investigation of client General Cable Corp. eliminates — as other courts have — the distinction between providing an oral summary to the government and providing similar information in written form, say Tirzah Lollar and Kristen Eddy of Vinson & Elkins LLP.

  • Deals And Due Diligence In The #MeToo Era

    Stephen Amdur

    The #MeToo movement has created a new and unfamiliar category of risk for potential investors in or acquirers of businesses that are heavily reliant on a small number of key individuals, the retention of top talent and public goodwill. A cautious buyer, however, can take a number of steps to mitigate these risks, say attorneys with Pillsbury Winthrop Shaw Pittman LLP.

  • Kaepernick's Suit Against NFL: An Academic Exercise?

    Drew Sherman

    Because it is difficult to prove collusion, Colin Kaepernick's recent grievance against the NFL and its teams is being discussed, in some legal circles, as an academic exercise intended to cause change on a greater scale above and beyond the remedies personally available to him, says Drew Sherman of ADLI Law Group.

  • How Cos. Can Take Advantage Of DOJ False Claims Act Memo

    Aileen Fair

    The U.S. Department of Justice memorandum made public on Jan. 24 is a sensible clarification of government policy concerning the False Claims Act. If followed, it could deter qui tam relators from filing meritless FCA claims, say Aileen Fair and Harry Sandick of Patterson Belknap Webb & Tyler LLP.

  • Back In The Shop With Encino Motorcars V. Navarro

    Michael Hepburn

    The U.S. Supreme Court recently heard arguments in Encino Motorcars v. Navarro, following the Ninth Circuit’s decision on remand. The case has become the legal equivalent of a “lemon” and the court seemed no closer to a decision than it was after Navarro’s first appearance at the Supreme Court in 2016, say attorneys with Eversheds Sutherland.

  • Takeaways From BlackRock’s 2018 CEO Letter

    Shaun Mathew

    Early media coverage of BlackRock chief executive Larry Fink's 2018 letter to CEOs suggests that BlackRock suddenly prioritizes social issues over profits, but the letter’s actual message is less controversial and more nuanced, say Shaun Mathew and Sarah Fortt of Vinson & Elkins LLP.

  • Do I Need New Trial Counsel? 9 Questions To Ask

    Russell Hayman

    Initial selection of defense counsel is usually made at the outset of litigation, long before it is known whether the case may actually proceed to trial. Attorneys with McDermott Will & Emery discuss questions in-house lawyers should consider when deciding whether their litigation counsel should remain lead trial counsel in a case proceeding to trial.

  • Finding Your Groove In Chinese Dealmaking

    Kerry Houghton

    Responding to the enormous growth and expansion of the Chinese economy, elite Chinese law firms have stepped up their games. For international law firms advising on Chinese deals, this means they must hire and retain people with not just conventional legal skills, say Kerry Houghton and Kai Wang, former in-house counsel at Starwood Hotels & Resorts Worldwide.