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Corporate

  • October 15, 2018

    Chopra Wary Of Digital Markets' Data Tracking, In-House Rules

    Federal Trade Commission member Rohit Chopra on Monday said regulators must examine the power digital platforms and marketplaces gain from the vast amounts of data they collect and how they exercise that power to their financial or competitive advantage. 

  • October 15, 2018

    MoFo Adds Capital Markets Partner From Jones Day

    Morrison & Foerster LLP has added an attorney from Jones Day with more than 17 years of experience in capital markets and mergers and acquisitions as a partner in its New York office.

  • October 15, 2018

    15 Minutes With Brooks Running Co.'s General Counsel

    Brooks Running Co. is known in the sport's community for its "Run Happy" tagline. For its general counsel, Barbara Barrilleaux, the phrase means leading a healthy lifestyle overall. In the midst of the fall marathon season, she recently told Law360 which U.S. Supreme Court justice she wants to share a 20-minute run with, her favorite running route and her responsibilities as the top lawyer of the company.

  • October 12, 2018

    Will The Future Of The Supreme Court Bar Be Female?

    While women have made significant inroads into the elite world of U.S. Supreme Court advocacy, last term the number of women arguing at the court hit a decade low. Was it an off year? Or a sign of progress stalled? (This article is the first in a series examining the gender gap among high court advocates.)

  • October 12, 2018

    Supreme Court Women: A Vet & 1st-Timer Talk Gender Disparity

    In exclusive on-camera interviews with Law360, the most prolific female U.S. Supreme Court advocate of the past decade and a first-timer reflect on the status of women in a field still dominated by men. (This article is part of a series examining the gender gap among high court advocates.)

  • October 12, 2018

    DOJ Criminal Head Inks Monitor Memo, Axes Compliance Role

    The head of the U.S. Department of Justice's Criminal Division on Friday announced a new policy on what prosecutors must consider before imposing a monitorship and said the DOJ would look to hire prosecutors with compliance experience instead of finding a new corporate ethics counsel.

  • October 12, 2018

    ‘Cheerleading’ Not Fraud, HP Atty Tells Startup Trial Jury

    A Hewlett Packard Malaysia manager was merely "cheerleading" when she described possible future work to a startup that now claims it was duped into providing tens of millions of dollars in free services and software, HP's attorney argued Friday at the close of a California federal trial.

  • October 12, 2018

    Google Data Leak Exposes Breach Disclosure Conundrums

    Google is facing widespread backlash after the revelation of its decision not to notify the public of an incident that exposed 500,000 users' data, highlighting not only the tricky waters companies must navigate in breach disclosure deliberations, but also the importance of ensuring such discussions remain under wraps, attorneys say.

  • October 12, 2018

    SEC Suspends Three Ex-BDO Auditors Over Backdated Docs

    The U.S. Securities and Exchange Commission said Friday that it barred three former accountants at BDO USA LLP from auditing publicly traded companies for releasing an audit report for insurer AmTrust Financial Services Inc. before the underlying auditing work was done.

  • October 12, 2018

    Facebook Says 30M Users' Data Accessed In Recent Breach

    Facebook revealed Friday that hackers accessed a trove of sensitive data from nearly 30 million users, including search history and location information, in an unprecedented breach of its platform that has drawn regulators' attention.

  • October 12, 2018

    Can The DOJ Speed Merger Reviews? It’s Tried Before

    Antitrust experts are cautiously optimistic when it comes to the U.S. Department of Justice Antitrust Division’s latest plan to speed merger reviews — with good reason.

  • October 12, 2018

    Brand Battles: HBO Aims To Depose 'Game Of Thorns'

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, HBO jousts with a botanical garden over a thorny issue, four different Major League Baseball clubs get into the October action, and Volkswagen takes on a "beer and wine safari" over a logo featuring a "hippie bus."

  • October 12, 2018

    How Attys Can Help PE Clients In The Wake Of A Cyberattack

    They say the best offense is a good defense, but in today’s world it simply isn’t possible for private equity firms to totally protect themselves from a potential cyberattack, meaning PE clients will need attorneys who can quickly and carefully help clean up the mess while limiting any legal exposure in the event of a cyber incident.

  • October 12, 2018

    Biz, Defense Groups Back Exxon Fight Against Climate Probe

    Business and defense attorney advocacy groups on Thursday asked the U.S. Supreme Court to grant Exxon Mobil Corp.’s request that it end the Massachusetts attorney general’s long-running investigation into the company’s climate change statements.

  • October 12, 2018

    How General Counsel Can Help Women Join The Board

    A new California law to open the boards of public companies to more female members presents general counsel in the state with a chance to lead the way in meeting the requirements, but it should also signal to in-house attorneys nationwide that the time is now to press C-suites about diversity.

  • October 12, 2018

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    Companies started finding ways to adjust to new workplace sexual harassment rules that took effect in New York and a report showed the number of female equity partners at top law firms has barely budged in 10 years. These are some of the stories in corporate legal news you may have missed in the past week.​

  • October 11, 2018

    HP Treated Startup Like Slaves, Jury Told As Trial Wraps

    A startup alleging Hewlett Packard took tens of millions of dollars in software and services for a Malaysian banking-system project without paying it told jurors during closing arguments Thursday it was roped into “involuntary servitude," while HP's lawyers countered the startup improperly threatened to walk off the job.

  • October 11, 2018

    Disney Nixes Anaheim Hotel Amid Minimum Wage Ballot Row

    Disneyland Resort has announced it is canceling its Anaheim luxury hotel plans over the California city’s perceived unstable business climate, as debate continues over whether the company will need to comply with a referendum requiring tax subsidy recipients to pay an increased minimum wage.

  • October 11, 2018

    Aetna Settles State AGs' Claims Over Health Info Breaches

    The New Jersey attorney general and three others have secured the latest settlement with Aetna Inc. over allegations that the health insurer improperly disclosed protected health information, including individuals' HIV status, through two separate mailings, with Aetna agreeing to change its data handling procedures and pay penalties to each enforcer. 

  • October 11, 2018

    Lawmakers Chide Google For Not Admitting Data Leak

    Three top Senate Republicans sent a scathing letter to Google on Thursday for not disclosing a security flaw the company says could have exposed personal data from hundreds of thousands of users of its social media site Google+, a day after Senate Democrats called for the Federal Trade Commission to investigate.

Expert Analysis

  • Opinion

    The ABA Was Dead Wrong About Model Rule 8.4(g)

    Bradley Abramson

    In the two years since the American Bar Association's controversial anti-discrimination and harassment rule, only one state has adopted it, while numerous state supreme courts, state attorneys general and legal groups have correctly rejected Model Rule 8.4(g) as a threat to lawyers' First Amendment rights, says Bradley Abramson, an attorney with Alliance Defending Freedom.

  • When A Blog Post Leads To Antitrust Liability

    Daixi Xu

    It is not uncommon for companies to issue statements about pending litigation. But a California federal court's recent decision in Arista v. Cisco shows that, in some circumstances, such statements could be seen as part of an anti-competitive scheme, say Daixi Xu and Julie Shepard of Jenner & Block LLP.

  • Opinion

    The Supreme Court Should Become Boring

    Alexander Klein

    In the aftermath of Justice Brett Kavanaugh's confirmation, the U.S. Supreme Court should decline review of the nation's most polarizing political questions unless and until the questions become time-sensitive, says Alexander Klein, head of the commercial litigation group at Barket Epstein Kearon Aldea & LoTurco LLP.

  • Q&A

    Back To School: BC's Kent Greenfield Talks Corporate Law

    Kent Greenfield

    In this series featuring law school luminaries, Boston College Law School professor Kent Greenfield reflects on his corporate law theories, his legal battle with the Pentagon over free speech and gay rights, and important constitutional law issues to watch out for.

  • Investment Firms, Beware Changing Compliance Goal Posts

    Bart Schwartz

    Private equity and hedge funds are under greater compliance scrutiny and, as a result, increased regulatory and legal exposure. The responsibilities of board members are not limited to investment performance monitoring — regulators are moving up the corporate ladder to identify wrongdoing, says Bart Schwartz of Guidepost Solutions LLC.

  • The Rise In ESG Investing — And What Boards Can Do

    Peter Atkins

    Public companies are being bombarded with messages, requests and demands around environmental, social and governance matters. At least for companies incorporated in states such as Delaware, directors should consider whether there is a nexus between ESG issues and the pursuit of shareholder welfare, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • How FIRRMA Changes The Game For Tech Cos. And Investors

    Steven Croley

    The Foreign Investment Risk Review Modernization Act, signed into law in August, will significantly alter how the Committee on Foreign Investment in the United States conducts its work. Emerging technology companies, and their prospective investors, must be mindful of whether investments are now subject to CFIUS jurisdiction, say attorneys at Latham & Watkins LLP.

  • 10 Questions The SEC Will Probably Ask Google: Part 2

    John Reed Stark

    Google reportedly opted not to disclose a cybersecurity vulnerability this past spring due to fears of drawing regulatory scrutiny and causing reputational damage. This fact will be a lightning rod for SEC enforcement attention, says John Reed Stark, former chief of the SEC's Office of Internet Enforcement.

  • Kavanaugh Cannot Be Compelled To Recuse Himself

    Donald Scarinci

    Whether Justice Brett Kavanaugh’s prior statements may be grounds for disqualification when it comes to judging certain cases is debatable, but there are no specific recusal guidelines for the U.S. Supreme Court. The justices themselves don’t even agree on where to draw the line when it comes to perceived political bias, says Donald Scarinci, a founding partner of Scarinci Hollenbeck LLC.

  • What Jurors Think Of #MeToo: A Snapshot

    Dan Gallipeau

    Recently, we began examining the attitudes of potential jurors on the #MeToo movement and related issues. This article shares some of our preliminary survey findings, which are on point with issues we all see daily in the media, says Dan Gallipeau of Dispute Dynamics Inc.