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Corporate

  • November 27, 2018

    KPMG Workers Urge Court To Certify Sex Bias Action

    A group of female KPMG LLP tax and advisory workers accusing the firm of maintaining a set of policies and practices that work to depress women's salaries and deny them promotions urged a New York federal court Tuesday to certify their long-running class and collective action.

  • November 27, 2018

    Justices Weigh Missed Deadline In Nutraceutical False Ad Suit

    The U.S. Supreme Court on Tuesday mulled whether a situation would have to be as unique as a Martian attack to create an exception for missing a deadline to appeal the decertification of a class of buyers alleging that Nutraceutical Corp. falsely advertised its Cobra Sexual Energy "aphrodisiac" supplement.

  • November 27, 2018

    Pa. Ruling May Open Floodgates On Cybersecurity Suits

    A recent Pennsylvania Supreme Court ruling opening one of the state's largest private employers up to possible liability for a cyberattack that compromised personal data of tens of thousands of workers has attorneys warning of a potential flood of new privacy lawsuits from employees and consumers alike.

  • November 27, 2018

    Corp. Law Departments Say Legal Needs Will Rise In 2019

    In a departure from previous years, corporate law departments' total legal spending rose by 5 percent from 2016 to 2017, and the vast majority of law departments are eyeing an increase in their legal needs over the next year, according to a new survey released on Tuesday.

  • November 27, 2018

    Long-Discussed Retirement Provisions Make It Into Tax Bill

    Tax legislation introduced Monday borrows heavily from a long-circulating bipartisan retirement bill that seeks to expand the use of certain retirement-savings vehicles, allow employers to automatically enroll workers in retirement plans and shield plan sponsors from fiduciary liability when selecting annuity contracts, among other retirement-related goals.

  • November 27, 2018

    Uber Faces Over $1M In UK, Dutch Fines Over Data Breach

    Uber was hit with fines of almost $1.2 million from British and Dutch privacy watchdogs Tuesday over a 2016 data breach of millions of customer records.

  • November 27, 2018

    Biz Groups Make Plea For Trump To Calm China Trade Tension

    Nearly 150 industry organizations and free trade advocates on Tuesday called on President Donald Trump to end his escalating tariff battle with China at this week’s G-20 summit, saying that the duties have done nothing to budge Beijing and are hampering U.S. businesses.

  • November 27, 2018

    Google, Facebook Defend Tax Structures To EU Lawmakers

    A Facebook tax official denied the company had sought special tax treatment in Europe and a Google executive committed to ending structures in Bermuda as European Union lawmakers sought Tuesday to probe suspected aggressive tax planning within the bloc.

  • November 27, 2018

    UK Lawmakers, Biz Groups Urge Delay Of Digital VAT Mandate

    A U.K. government plan to require digital filing and record-keeping by small companies liable for value-added tax should be delayed, a parliamentary committee and business advocacy groups have urged, saying the national tax authority ignored warnings about the plan’s enactment.

  • November 26, 2018

    Alito, Gorsuch Question Illinois Brick Precedent

    Justices Samuel Alito and Neil Gorsuch on Monday floated the idea of overruling the high court’s landmark Illinois Brick decision, which limits federal antitrust standing to direct purchasers, during oral arguments in a case accusing Apple Inc. of monopolizing the market for apps sold on its devices.

  • November 26, 2018

    Fox, Disney Hit For $1B Over Dashed Malaysian Theme Park

    Resort development giant Genting Malaysia Berhad wants more than $1 billion from Fox Entertainment LLC and the Walt Disney Co., according to a suit filed Monday in California federal court that accuses the two entertainment companies of abandoning a contract to construct Fox World, a Disneyland-style theme park, in Malaysia.

  • November 26, 2018

    Ex-MillerCoors CEO Downplays Pabst As Rival In $400M Trial

    MillerCoors' former CEO on Monday told a Wisconsin jury he never feared competition from Pabst Brewing in an effort to deflate a $400 million contract claim accusing MillerCoors of trying to break its exclusive agreement to brew Pabst's beers because it was scared of a challenge to its business.

  • November 26, 2018

    9th Circ. Won't Revisit FCA Materiality Dispute

    The Ninth Circuit on Monday refused to revisit its ruling that an art school’s alleged payment of bonuses to recruiters was material to federal reimbursement under the U.S. Supreme Court’s landmark Escobar False Claims Act decision.

  • November 26, 2018

    Mitsubishi Sacks Chairman Ghosn Amid Misconduct Claims

    Mitsubishi Motors Corp. ousted Carlos Ghosn as its chairman on Monday shortly after Nissan Motor Co. similarly booted the automotive executive as its chairman after he was arrested by Japanese authorities for alleged financial misconduct.

  • November 26, 2018

    Disney Loses 'Pink Slime' Arbitration Appeal

    Disney can’t get its way over how arbitration should occur in a fight for insurance coverage linked to the “pink slime” news reports aired by subsidiary ABC, a Canadian appeals court ruled Friday, saying the entertainment giant’s reading of the insurance contract didn’t make sense.

  • November 26, 2018

    ITC Mulling Potential Tariff Cuts Under US-EU Trade Pact

    As the Trump administration moves forward with efforts to begin new trade talks with the European Union, it has enlisted the help of the U.S. International Trade Commission to examine the potential effects of cutting trans-Atlantic tariffs, a process the ITC began in earnest Monday.

  • November 26, 2018

    Petco Picks Former Dole Food GC As Head Legal Officer

    Petco Animal Supplies Inc. has appointed a former Dole Food Co. Inc. general counsel with more than 25 years of corporate legal experience to serve as its chief legal officer, the retailer said Monday.

  • November 26, 2018

    Apple Faces Tough Sell At Supreme Court In App Store Case

    The U.S. Supreme Court showed skepticism toward Apple Inc. on Monday as the tech giant tried to end a class action over its App Store practices, pushing back on the company's arguments that consumers lack standing to haul it into court for allegedly operating an illegal monopoly.

  • November 26, 2018

    Third Point Lands 2 Campbell Board Seats In Settlement

    Two of Third Point LLC's nominated independent directors will be added to Campbell Soup Co.'s board, settling a proxy fight between the hedge fund and the food giant just three days before an anticipated shareholder vote, the companies said Monday.

  • November 26, 2018

    15 Minutes With Perspecta's General Counsel

    Jim Gallagher became general counsel of the newly formed Perspecta Inc. the same June day that the publicly traded information technology service management company officially formed. Here, he explains the challenges he endures as the general counsel of a newly formed company and his advice for other lawyers who might one day be in a similar situation.

Expert Analysis

  • 3 Incentive Compensation Alternatives To Consider

    Megan Monson

    Many employers provide equity-based compensation, but often employees don’t receive the value these incentives were intended to provide. For this and several other reasons, employers should consider new approaches to help retain employees and reward performance, say Megan Monson and Christine Osvald-Mruz of Lowenstein Sandler LLP.

  • Series

    Judging A Book: Brown Reviews 'Dangerous Leaders'

    Judge Nannette Jolivette Brown

    Anthony Thompson’s "Dangerous Leaders: How and Why Lawyers Must Be Taught to Lead" explores the conflict many lawyers face when charged with the responsibility of leadership. The book is an excellent read for all lawyers, says U.S. District Chief Judge Nannette Jolivette Brown of the Eastern District of Louisiana.

  • The Promise And Limitations Of Smart Contracts

    Moshe Malina

    Smart contracts could enable parties to enter into binding contractual commitments that are decoupled from the legal system. Key questions to explore, however, include how nontechnical parties will negotiate code-based contractual agreements, and how the agreements will be amended or terminated, says Moshe Malina of Citigroup Inc.

  • Unpacking New Guidance On Tax-Free Monetized Spinoffs

    Laurence Stein

    The Internal Revenue Service recently clarified the representations a company is expected to make when it requests a private letter ruling on a tax-free spinoff with a debt exchange component. Attorneys at Latham & Watkins LLP examine this significant revenue procedure.

  • Breaking The Rules: 3 Ways To 'Lead' A Direct Examination

    Matthew Menchel

    Trial lawyers are frequently taught that they should appear invisible during direct examination — that their job is merely to prompt the witness to start speaking. But the most powerful direct examinations are the ones in which the examiner, not the witness, is controlling the pace, say attorneys with Kobre & Kim LLP.

  • New SEC Cyber Report Puts Spotlight On Accounting Controls

    George Garvey

    In light of the U.S. Securities and Exchange Commission's cybersecurity report last week, the consequences of a business email compromise attack may now extend beyond financial losses. Public companies must revamp their accounting controls to prevent such losses — as well as SEC enforcement actions, say attorneys with Munger Tolles & Olson LLP.

  • Deciding Class Action Removal Rights At High Court

    Archis Parasharami

    An overbroad interpretation of the U.S. Supreme Court's decision in Shamrock Oil & Gas v. Sheets has created a loophole for avoiding the Class Action Fairness Act to pursue interstate class actions in state court. However, in Home Depot USA v. Jackson, the court will address two questions that have the potential to close it, say Archis Parasharami and Daniel Jones of Mayer Brown LLP.

  • How Employers Can Address Secret Workplace Recordings

     Jackie Ford

    Secret recordings allegedly made by President Donald Trump's former lawyer Michael Cohen and former White House staffer Omarosa Manigault Newman provide a useful vehicle for reviewing the ethics and legality of surreptitious taping, and may be instructive for employers concerned about limiting such recording in the workplace, says Jackie Ford of Vorys Sater Seymour and Pease LLP.

  • Beware Laws Intersecting Benefit Concierge Services

    Kendra Roberson

    Benefit concierge services can help employers realize a greater return on investment by increasing employees’ awareness of available benefits. However, they raise several legal issues, including considerations under the Health Insurance Portability and Accountability Act and the Employee Retirement Income Security Act, say Kendra Roberson and Chris Lowther of Covington & Burling LLP.

  • Need Litigation Finance? Don't Skip These 5 Steps

    Molly Pease

    The process of applying for litigation financing isn’t difficult, but few do it right the first time. Following five steps in your application process will help make sure litigation funders are convinced of the value of your company's legal claims, says Molly Pease of Curiam Capital LLC.