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  • September 6, 2018

    7th Circ. Won't Save Antitrust Claims Against Steel Giants

    The Seventh Circuit on Thursday found that antitrust claims levied against major steel producers, including U.S. Steel, ArcelorMittal USA and Commercial Metals Inc., by a proposed class of indirect purchasers alleging a price-fixing conspiracy were filed outside the limitations period, upholding the claims’ dismissal by an Illinois federal judge.

  • September 6, 2018

    Ex-Raiders, Buccaneers Atty Named XFL General Counsel

    The relaunching XFL football league announced Thursday it has signed a former counsel for a pair of NFL teams as its general counsel.

  • September 6, 2018

    Chinese Regulators Propose Easier Rules For Share Buybacks

    Chinese regulators on Thursday proposed legal changes that would make it easier for companies to repurchase their own shares, a move intended to strengthen the country's capital markets and improve the quality of listed companies.

  • September 6, 2018

    USPTO Gets An Earful About Planned Fee Hike At Hearing

    Intellectual property groups and inventors pressed the U.S. Patent and Trademark Office at a hearing Thursday for more information about why it is planning to raise many of its patent fees and what the money will be used for, arguing that several proposals seem excessive.

  • September 6, 2018

    Lululemon Secures Fed. Circ. Win In Row Over Sports Bra IP

    The Federal Circuit on Thursday affirmed a Delaware federal court’s determination that Lululemon did not infringe the asserted claims of a patent covering a sports bra, based in part on how the lower court construed a term for how to adhere materials.

  • September 5, 2018

    Chesapeake Energy, Ex-Exec Settle Antitrust Row For $6.95M

    Oil and gas royalty owners asked an Oklahoma federal judge Wednesday to approve a $6.95 million deal with Chesapeake Energy Corp. and its co-founder to settle antitrust claims filed for thousands of landowners alleging the company conspired to fix prices on their leases.

  • September 5, 2018

    Rite Aid Can't Escape Calif. Whistleblower's FCA Suit

    A California federal judge allowed most claims to proceed in a whistleblower's lawsuit accusing Rite Aid of knowingly submitting false prescription reimbursement claims to the state, finding Wednesday that California has sufficiently pled that the pharmacy giant failed to oversee employees tasked with keeping those records.

  • September 5, 2018

    Calif. Privacy Law Changes Sent To Governor's Desk

    The first in what is expected to be a series of amendments to California's landmark privacy law is headed to the governor's desk, after state lawmakers gave their backing to adjustments that delay enforcement of the law by the attorney general and remove the requirement for individuals to notify the AG's office before filing lawsuits.

  • September 5, 2018

    SEC Becoming More User-Friendly With Disclosure Trims

    The U.S. Securities and Exchange Commission is moving forward with several measures to simplify disclosure requirements, most of which securities and capital markets attorneys say are individually small but could add up to a more issuer-friendly regulatory environment.

  • September 5, 2018

    Warner Rolls Out Policy To Boost Diversity In Film, TV

    Warner Bros. and its affiliates announced a companywide policy Wednesday that aims to ensure greater participation in film and television projects from women, people of color and other groups that have been historically underrepresented in the entertainment industry.

  • September 5, 2018

    Proposed SALT Rules Don’t Affect Biz Deductions, IRS Says

    Treasury and the Internal Revenue Service said Wednesday that business owners who make payments to nonprofits in exchange for a state tax credit and a federal deduction can continue to do so, and deduct the payments as a business expense.

  • September 5, 2018

    Ex-Prosecutor, GE Atty Joins Ropes & Gray's Anti-Graft Team

    Ropes & Gray has hired a former federal prosecutor and General Electric in-house counsel to join the firm's Washington office as a partner, the firm announced Wednesday.

  • September 5, 2018

    Cablevision Founding Family Sues Altice Over Layoffs

    Members of the founding family of Cablevision and a news anchor filed a lawsuit on Tuesday in Delaware Chancery Court claiming that cable television provider Altice violated terms of the company's $17.7 billion merger by laying off employees of News 12 Networks LLC.

  • September 5, 2018

    Senate Confirms Ex-Milbank Atty As SEC Commissioner

    The U.S. Senate on Wednesday confirmed a former Milbank Tweed Hadley & McCloy LLP corporate and securities law attorney nominated by President Donald Trump to a five-year term on the U.S. Securities and Exchange Commission by a vote of 85-14.

  • September 5, 2018

    The Biggest Trade Bombshells From Woodward's Trump Book

    Excerpts of veteran investigative reporter Bob Woodward's forthcoming book paint a generally chaotic picture of the Trump White House, with some of the most colorful anecdotes centering on the administration's struggle to craft a cohesive message on trade policy. Here, Law360 rounds up all of Woodward's revelations about the internal trade battle.

  • September 5, 2018

    House Lawmakers Float New Joint Employer Bill

    U.S. House of Representatives lawmakers have announced that they have unveiled a bill that would make it so that just by licensing a trademark to a franchisee, it would not create a so-called joint employer status between the franchisee and the franchisor.

  • September 5, 2018

    6th Circ. Upholds JPMorgan Chase's Win In Age Bias Suit

    The Sixth Circuit on Wednesday rejected a former JPMorgan Chase bank teller’s bid to revive her suit alleging she was fired because of her age, saying she couldn’t prove that the purported performance issues the bank fired her for were merely a cover for illegal discrimination.

  • September 5, 2018

    These 10 Firms Win Clients' Vote For Being 'Most Innovative'

    General counsel and other top legal decision makers have identified the legal industry's biggest movers and shakers, pointing to the law firms they see as most innovative in a report released Wednesday.

  • September 4, 2018

    EEOC Backs 7th Circ. Toss of CVS' Attorneys' Fees

    The U.S. Equal Employment Opportunity Commission told the Seventh Circuit on Tuesday that it doesn't need to rethink its decision to protect the agency from paying CVS Pharmacy $307,000 in attorneys' fees in a dispute over employee separation agreements because the dispute doesn't create a conflict in discretion abuse proceedings. 

  • September 4, 2018

    5th Circ. Won't Revive Whole Foods Employee's 401(k) Suit

    The Fifth Circuit on Tuesday upheld the dismissal of a former Whole Foods employee's stock-drop suit accusing the grocer's executives of allowing investment in the company's retirement plan even though it was in the midst of an overpricing scheme, saying it wouldn't second-guess executives' initial decision not to disclose the fraud. 

Expert Analysis

  • New Mass. Law Would Make Enforcing Noncompetes Harder

    Bret Cohen

    Massachusetts recently passed comprehensive noncompete legislation, which will become effective on Oct. 1, 2018, assuming it is signed by Gov. Charlie Baker. The new law would place significant limitations on the scope of enforceable employee noncompetes, say Bret Cohen and Michael Steinberg of Nelson Mullins Riley & Scarborough LLP

  • AI In Lending: Key Challenges And Practical Considerations

    David Stein

    A recent report from the U.S. Treasury Department discussed the use of artificial intelligence in financial services and identified related legal challenges. There is little risk of financial regulators taking proactive steps to restrict the use of AI, but existing laws and regulations adopted long before its advent remain in effect, says David Stein of Covington & Burling LLP.

  • Insurance Can Mitigate Costs Of Government Investigations

    Annette Ebright

    If companies take the proper steps before and after being subjected to government investigations, their insurance policies may serve as a reliable hedge against the financial consequences. However, these policies have their limitations, say Annette Ebright and Daniel Peterson of Parker Poe Adams & Bernstein LLP.

  • Series

    Clerking For Ginsburg: 4 RBG Lessons On Having It All

    Rachel Wainer Apter

    Justice Ruth Bader Ginsburg is everything she is cracked up to be​ — f​eminist icon​, brilliant jurist​, fierce dissenter. She is also an incredible boss, mentor and friend.​ ​Her advice has shaped how I have tried to balance building a career and ​raising children, says Rachel Wainer Apter, counsel to the New Jersey attorney general.

  • Calif. Employer's Guide To Tracking Off-The-Clock Tasks

    Elizabeth Arnold

    The California Supreme Court's recent ruling in Troester v. Starbucks means that all work time may be considered compensable. Elizabeth Arnold and Chester Hanvey of Berkeley Research Group LLC describe how to conduct a time and motion observation study in the context of this decision.

  • Opportunity Zones Abound But Investors, Tread Carefully

    David Levy

    Opportunity zones, created under 2017’s Tax Cuts and Jobs Act, have the potential to be a powerful driver of investment activity in low-income communities throughout the U.S. But in order to benefit from the program’s capital gains tax exemption, investors must comply with a complex and somewhat unclear set of rules. Attorneys at Skadden Arps Slate Meagher and Flom LLP provide the details.

  • Tackling Digital Class Notice With Rule 23 Changes

    Brandon Schwartz

    Proposed modifications to Rule 23 of the Federal Rules of Civil Procedure, scheduled to take effect at the end of this year, will officially recognize the use of electronic notice in class action administrations. Brandon Schwartz and Maggie Ivey of Garden City Group LLC provide guidance on navigating a daunting digital landscape.

  • Global Magnitsky: The Swiss Army Knife Of Sanctions

    Hdeel Abdelhady

    The United States last week took the unprecedented step of sanctioning officials of a NATO member state — the justice and interior ministers of Turkey — pursuant to the Global Magnitsky Human Rights Accountability Act of 2016. The action demonstrates how Global Magnitsky sanctions can be readily employed without much advance legal groundwork, says Hdeel Abdelhady of MassPoint Legal and Strategy Advisory PLLC.

  • Series

    Clerking For Ginsburg: How To Play The Long Game

    Arun Subramanian

    One of us was a clerk when Justice Ruth Bader Ginsburg read her Ledbetter dissent from the bench, inviting Congress to act, and the other clerked a few years later, when RBG's prominently displayed copy of the Lilly Ledbetter Fair Pay Act served as a daily reminder that dissents are not just for show, say Arun Subramanian and Mark Musico of Susman Godfrey LLP.

  • Series

    Clerking For Ginsburg: In Pursuit Of Precision

    Trevor Morrison

    As clerks for Justice Ruth Bader Ginsburg, we learned early on that, when preparing a memorandum or draft opinion, it was essential to present any opposing argument in its strongest possible light. There is a lesson here for today's public debates, says Trevor Morrison, dean of NYU Law School.