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Corporate

  • June 1, 2018

    Brand Battles: McDonald's Aims To Block 'McMansions' TM

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, McDonald’s picks a fight with a New York City architect over “McMansions,” a domain registry says an examiner’s rejection “sucks,” and Amazon asks Alexa to oppose an “Ecko” trademark.

  • June 1, 2018

    Ex-Apple Worker Gets 3 Years For Stealing From Company

    A former administrative assistant for Apple Inc. was slapped with a three-year prison sentence in New Jersey state court Friday for embezzling about $243,000 from the company and spending such funds on luxury items at Victoria’s Secret, Louis Vuitton and other retailers, authorities said.

  • June 1, 2018

    Summer Internships: 4 Things Employers Should Consider

    Businesses across the country have started welcoming the latest wave of summer interns into their ranks, giving young people a taste of the business world and cultivating potentially valuable long-term workers if they’re smart about it — and inviting legal headaches if they’re not.

  • June 1, 2018

    DOJ Antitrust Deputy Touts Vertical Merger Bargaining Models

    The U.S. Department of Justice Antitrust Division’s chief economist said Friday at a conference at New York University's Stern School of Business that newer economic models that chart the bargaining power of merging companies help to find harm in vertical deals that older models missed.

  • June 1, 2018

    DOJ Launches Global Antitrust Enforcement Framework

    The U.S. Department of Justice hopes to standardize aspects of international antitrust enforcement through a voluntary framework set to launch next week, Makan Delrahim, assistant attorney general for the DOJ’s Antitrust Division, said Friday.

  • June 1, 2018

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    Attorneys said companies need to think twice before deciding it’s too late to fill in compliance gaps for the European Union’s sweeping General Data Protection Regulation, the Consumer Financial Protection Bureau and two payday lender trade groups joined together to ask a Texas federal judge to stay the groups’ suit challenging the agency’s so-called payday rule, and Law360 asked female attorneys what gender parity looks like in the legal industry. These are some of the stories in corporate legal news you may have missed in the past week.​

  • June 1, 2018

    Sundt Construction GC Eyes Way To Spread Out Contract Risk

    Contractors and subcontractors are exploring a nascent contract model that involves sharing risk and reward across all parties working on construction projects, an idea that has the potential to create more certainty and a more level playing field for various parties involved, Sundt Construction General Counsel Ronald Stuff told Law360 in a recent interview.

  • May 31, 2018

    CBS Investors Throw In Their Own Suit Against NAI, Redstone

    A CBS Corp. investor sued controlling stockholder Shari Redstone and National Amusements Inc. in Delaware’s Chancery Court Thursday, accusing them of wrongly blocking a CBS share dividend that would have given more stockholders voting rights while diluting Redstone’s control.

  • May 31, 2018

    What To Know About Complying With GDPR

    While the long-awaited deadline for companies to get into step with the European Union's sweeping General Data Protection Regulation has come and gone, companies should reconsider if they have decided that it's too late to fill in compliance gaps, attorneys say.

  • May 31, 2018

    Trust Key To Keeping Whistleblower Complaints In-House

    Companies hoping to avoid U.S. Securities and Exchange Commission investigations by keeping whistleblower complaints in-house must develop a deep enough level of trust with employees that they believe their complaints will be heard and taken seriously and that they won’t face retaliation, legal experts say.

  • May 31, 2018

    Ex-HP CEO Remarks 'Smoking Gun' In Bias Suit, Judge Says

    Hewlett-Packard told a California federal judge Thursday that a putative class action claiming the company discriminated against older employees should not be heard in the Golden State just because ex-CEO Meg Whitman allegedly made statements about wanting a younger workforce, comments the judge called a "smoking gun."

  • May 31, 2018

    Judge Sees Tension In KPMG Conspiracy, Fraud Arguments

    A Manhattan federal judge hearing a criminal case against former KPMG and Public Company Accounting Oversight Board officials who allegedly leaked the board’s audit inspection plans so that KPMG could bulletproof its work asked both sides at a Thursday hearing about possible tension between the charges of conspiracy and wire fraud and in arguments to dismiss them.

  • May 31, 2018

    New EU Data Watchdog Backs 'Cookie Wall' Ban

    A new European Union data protection watchdog has called for pending new privacy rules meant to bolster the General Data Protection Regulation to be expedited and to include an explicit ban on operators requiring users to agree to tracking cookies to access a website or service.

  • May 31, 2018

    After Epic, Judge Says Domino's Drivers Must Arbitrate Suit

    Citing the U.S. Supreme Court’s recent blessing of class waivers, a California federal judge ruled Thursday that a proposed class of Domino’s Pizza delivery drivers must arbitrate their business expenses reimbursement suit against the owners of 74 franchise stores due to an agreement they signed.

  • May 31, 2018

    Taxing Foreign Income Tough Issue For US States, Panel Says

    How to tax foreign income is proving to be an especially thorny issue for states, with few questions resolved during state legislative sessions that began shortly after the federal tax overhaul, a panel of tax professionals said Thursday in Washington, D.C.

  • May 31, 2018

    Fraud Restitution No Longer In The Eye Of The Bill-Holder

    The U.S. Supreme Court said this week that a mandatory restitution law does not require criminal defendants to foot the bill for company-initiated internal investigations into their crimes, flipping what was the law in many courts and tossing a life raft to some individual defendants.

  • May 31, 2018

    The Top In-House Hires Of May

    May's notable legal department hires included new general counsel at Novartis, the U.S. Chamber of Commerce, Fox News and the U.S. Copyright Office.

  • May 30, 2018

    Groups Urge 9th Circ. To Keep ACA Birth Control Rules Halted

    Dozens of reproductive rights, civil liberties, gender equality, religious and health groups on Tuesday supported California, Delaware, Maryland, New York and Virginia in urging the Ninth Circuit to uphold a nationwide block on Trump administration rules permitting employers to claim religious or moral exemptions to the Affordable Care Act’s contraception mandate.

  • May 30, 2018

    Design Patent Damages Still Murky After $539M Apple Verdict

    The damages retrial between Apple and Samsung had observers hoping for guidance on how much owners of design patents can win in damages following a U.S. Supreme Court ruling, but Apple’s $539 million victory makes that issue possibly even less clear, attorneys say.

  • May 30, 2018

    Credit Suisse Says Epic Ends $300M Worker Class Suit

    Credit Suisse Securities asked a California federal judge Wednesday to toss a proposed class action alleging it owes workers up to $300 million in deferred compensation, arguing the financial adviser suing repeatedly signed an arbitration agreement that’s binding under the U.S. Supreme Court’s recent Epic decision.

Expert Analysis

  • Facing The Homestretch Of GDPR Prep: Part 3

    Video

    The EU General Data Protection Regulation implementation date — May 25 — is one week away. In this video, Brian Hengesbaugh of Baker McKenzie discusses how companies can set realistic short- and long-term goals.

  • Calif. Taxpayers Shouldn't Be Penalized For Gillette Elections

    Shail Shah

    Taxpayers that made the Gillette election on their California returns should file protests to contest any penalties assessed by the Franchise Tax Board, say attorneys at Reed Smith LLP.

  • What #MeToo Means For The Maritime Sector

    Susan Bickley

    The #MeToo movement has highlighted for employers in the maritime industry that they must ensure that seafarers and shore-based personnel experience a work environment free of sexual harassment and assault. Attorneys with Blank Rome LLP examine the unique legal framework that applies to sexual harassment in the maritime context, and how employers are currently addressing incidents and crafting proactive policies.

  • Reducing Retirement Saving Barriers For Gig Workers

    Brett Owens

    Workers in the gig economy are currently not entitled to enjoy a traditional employer-based retirement plan because such plans are subject to stringent rules and only permitted to cover employees, not independent contractors. However, Congress is attempting to address this issue via the recently reintroduced Retirement Enhancement and Savings Act, says Brett Owens of Fisher Phillips.

  • Creating A Better System For Employee Invention Assignment

    Albert Wong

    Whereas a traditional pre-invention assignment agreement focuses solely on assigning legal rights and duties, a more effective contractual approach would braid a traditional, legally enforceable PIAA with a voluntary system focused on enhancing employer-employee collaboration, says Albert Wong of Fish & Richardson PC.

  • 11th Circ. Adds To Chorus Addressing Cyber Insurance

    J. Robert MacAneney

    On May 10, the Eleventh Circuit held in InComm v. Great American that computer fraud coverage did not apply to prepaid debit card holders who exploited a coding error in the insured's computer system. While this case does not involve social engineering fraud, it is nonetheless instructive on some of the key issues common in such disputes, say Robert MacAneney and John Pitblado of Carlton Fields Jorden Burt PA.

  • Opinion

    Why Won't Judicial Nominees Affirm Brown V. Board Of Ed?

    Franita Tolson

    On May 17, 1954, the U.S. Supreme Court decided Brown v. Board of Education, recognizing a moral and legal truth that should be beyond question in American society. The refusal by some of President Donald Trump's judicial nominees to say whether they believe the case was decided correctly is indicative of the narrow-minded elitism they would bring to the bench, says professor Franita Tolson of the University of Southern California's Gould School of Law.

  • The Lawyers' Guide To Cloud Computing

    Daniel Garrie

    In deciding whether cloud computing is right for the organization or firm, an attorney must consider cloud computing’s significant impact on the electronic discovery process, say Daniel Garrie, managing partner at Law & Forensics LLC, and David Cass, chief information security officer at IBM Cloud.

  • Opinion

    'Hoping' Employers Will Stimulate Economy Is Not Enough

    James Edward Maule

    Lawmakers hoped corporations would use the money from tax incentives in last year's overhaul to create jobs, raise pay and take other steps to grow the U.S. economy, without requiring that they do so. Change would be more likely if the law were crafted so corporations receive tax breaks only to the extent that such promises are fulfilled, says James Edward Maule, professor at Villanova University's Charles Widger School of Law.

  • Defenses For Using Contractors In A Post-Dynamex World

    Samantha Rollins

    While the revamped test for independent contractor status under the California Supreme Court's recent decision in Dynamex Operations West v. Superior Court raises new questions under state law, it also presents opportunities for companies to present new legal arguments (and take new proactive steps) in defense of independent contractor relationships, say Samantha Rollins and Andrew Murphy of Faegre Baker Daniels LLP.