Corporate

  • February 21, 2018

    Companies May Find High Court Whistleblower Ruling Costly

    A U.S. Supreme Court ruling Wednesday narrowing the scope of anti-retaliation protections for corporate whistleblowers could lead to a significant increase in the number of complaints filed directly with the U.S. Securities and Exchange Commission, a result companies may find costly, legal experts said.

  • February 21, 2018

    LendingClub Unveils $125M Settlement Of Investor Suits

    LendingClub Corp. on Tuesday said it has reached a $125 million preliminary settlement with the plaintiffs behind two securities class actions in California federal and state court that allege the peer-to-peer lending company misled investors in the run-up to its $1 billion initial public offering in 2014.

  • February 21, 2018

    Senate Inaction On Nominees Doing No Favors For USTR

    U.S. Trade Representative Robert Lighthizer has been pursuing a robust and aggressive trade agenda despite being without his top-level deputy advisers for nearly a year, a dynamic that former trade officials say is likely to cause persistent unrest within the already streamlined agency.

  • February 21, 2018

    6th Circ. Backs Utility Atty In Work-From-Home ADA Row

    The Sixth Circuit on Wednesday upheld a jury verdict that an in-house attorney for a municipal utility for Memphis, Tennessee, was discriminated against when she was denied a request to work from home while on bed rest due to pregnancy complications, and rejected pleas for a new trial.

  • February 21, 2018

    7th Circ. Won't Revive Ex-Chicago Exchange Atty's Firing Suit

    The Seventh Circuit on Tuesday affirmed the dismissal of a suit against the Chicago Stock Exchange by a compliance lawyer who claims he was fired after reporting possibly illegal behavior, saying he didn't connect the dots between his firing, his internal report and his claimed Dodd-Frank protection.

  • February 21, 2018

    Supreme Court Narrows Definition Of Whistleblower

    The U.S. Supreme Court on Wednesday ruled in favor of a narrow definition of the term "whistleblower," a decision that will significantly limit the scope of anti-retaliation measures meant to protect whistleblowers under the Dodd-Frank Act.

  • February 20, 2018

    DOJ Will Form Cybersecurity Task Force

    In the wake of numerous high profile hacks, the U.S. Department of Justice announced Tuesday that it will form a Cyber-Digital Task Force aimed at combating a global cyber threat.

  • February 20, 2018

    State Securities Cops Filling In For Feds On Fiduciary Beat

    A high-profile complaint filed by Massachusetts' top securities cop against Scottrade for allegedly violating conflict-of-interest laws is a sign that state regulators will be stepping in to fill a perceived void in federal policing of retirement account advisers, legal experts said Tuesday.

  • February 20, 2018

    High Court Won't Review CareFirst Data Breach Standing Row

    The U.S. Supreme Court on Tuesday refused to entertain CareFirst Inc.'s challenge to the revival of a putative class action over a 2014 data breach, preserving what the insurer and its supporters have characterized as a troubling circuit split over whether the mere exposure of consumer data is enough to give plaintiffs standing to move forward with such claims. 

  • February 20, 2018

    Walmart’s Own Studies Support Cert., Cashier Class Argues

    A group of 80,000 cashiers claiming Wal-Mart Stores Inc. failed to provide them with California state law-required seating defended its class certification in federal court Friday, arguing that Walmart’s own studies and prior testimony back up the workers’ claims.

  • February 20, 2018

    High Court Rejects Cert Petitions In 7 Employment Cases

    The U.S. Supreme Court declined petitions to review several employment cases Tuesday, including a ruling that Consol Energy illegally pushed out a miner who refused to use biometric hand scanners he believed would tag him with the biblical “mark of the beast,” and a decision that Foot Locker owes at least $100 million in benefits to thousands of workers whose pensions it cut.

  • February 20, 2018

    High Court Turns Away Fannie, Freddie Investor Appeals

    The U.S. Supreme Court on Tuesday denied a plea from investors hoping for reconsideration of their case challenging the federal government’s conservatorship of Fannie Mae and Freddie Mac, reinforcing a lower court’s ruling that the Federal Housing Finance Agency cannot be sued over its role in managing the mortgage finance duo.

  • February 20, 2018

    States Seeing Rash Of Bills To Tax Carbon Emissions

    Taxing carbon products and emissions is a long-cherished goal of Washington Gov. Jay Inslee, and he has proposals to do so again this year. This time, however, he is far from alone as 10 states have released bills to combat climate change and raise revenue by using the tax system.

  • February 20, 2018

    Allstate TCPA Suit Passes Spokeo Test, Judge Says

    Allstate Insurance Co. and one of its agents cannot escape a proposed Telephone Consumer Protection Act class action, an Illinois federal judge said Tuesday, finding that the suit met the injury standard set by the U.S. Supreme Court’s Spokeo decision.

  • February 20, 2018

    Del. Justices Revive Suit Over Diamond's $2B Sale To Apollo

    The Delaware Supreme Court on Tuesday revived a shareholder suit contesting Diamond Resorts International's $2.2 billion sale to Apollo Global Management, saying Diamond’s board should have disclosed why the company’s founder opposed the sale.

  • February 20, 2018

    3M Inks $850M Dumping Deal With Minn. On Eve Of Trial

    3M Company cut an $850 million deal with the state of Minnesota to resolve allegations it knowingly dumped chemicals into groundwater, impacting local wildlife and posing health risks to nearby communities, just as the dispute was set to go to trial, the parties announced Tuesday.

  • February 20, 2018

    Mass. Rep Touts Bill To Bar NDAs, Forced Arbitration

     A Massachusetts legislator is pushing a bill to ban agreements that prevent victims of harassment or discrimination from speaking out about their allegations and end the process of forced arbitration to settle claims.

  • February 20, 2018

    Unions Say Disney World Withheld $1K Tax Cut Bonuses

    Unions representing Disney World workers filed a federal labor complaint on Monday claiming Disney has improperly withheld $1,000 bonuses announced by the company after Congress passed the GOP tax cut bill.

  • February 20, 2018

    15 Minutes With Discover Financial Services' General Counsel

    Kelly McNamara Corley, who has served as executive vice president, general counsel and secretary of Discover Financial Services since 2008, shared with Law360 how the company prioritizes diversity and inclusion and what keeps her up at night, as technology continues to develop rapidly.

  • February 16, 2018

    5 Ways To Avoid Legal Heartache From Office Romance

    Even though Valentine’s Day is in the rearview mirror, a recent Ninth Circuit ruling that a police officer can pursue claims that she was illegally fired for having an extramarital affair with a colleague is the latest proof that legal questions about interoffice romances are here to stay. Here, lawyers share five things employers should bear in mind when crafting workplace fraternization policies.

Expert Analysis

  • How Corporate Policyholders Can Prepare For Earthquakes

    Micah Skidmore

    With some predicting that 2018 will see a significant increase in the number and severity of earthquakes worldwide, corporate insureds may do well to accelerate their review and expansion of policy terms to address this important risk, says Micah Skidmore of Haynes and Boone LLP.

  • Worker Classification Questions Remain Post-GrubHub Win

    Art Lambert

    A California federal judge implied that her recent decision in Lawson v. GrubHub was a close call, which suggests there is a tipping point where a driver moves from the independent contractor classification to the employee classification. However, when exactly that happens is still up in the air, says Art Lambert of Fisher Phillips.

  • The Base Erosion And Anti-Abuse Tax: An Introduction

    Introducing The Base Erosion And Anti-Abuse Tax

    The new base erosion and anti-abuse tax generally imposes a 10 percent minimum tax on a taxpayer’s income determined without regard to tax deductions arising from base erosion payments. In this video, Daniel Nicholas and Margaret Pope of Eversheds Sutherland LLP offer a brief overview of the tax, and a simplified example of the BEAT calculation.

  • 2nd Circ. Courts Dive Into 'Class Arbitration' Questions

    Gilbert Samberg

    The U.S. Supreme Court has not yet addressed core issues that will ultimately determine the viability of a class arbitration award, nor have the various courts of appeal grappled with those issues. However, courts in the Second Circuit have recently begun to do so, says Gilbert Samberg of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Google Equal Pay Case Could Have Far-Reaching Impact

    Debra Ellwood Meppen

    Following the recent filing of an amended complaint, if the class action is certified in Kelly Ellis v. Google — a case alleging gender-based pay discrimination — ramifications will trickle down into every business, large or small, that employs men and women, say Debra Ellwood Meppen and Laurie DeYoung of Gordon & Rees LLP.

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.

  • Why Blockchain’s Impact On The Retail Sector Is Growing

    Scott Kimpel

    Retail and consumer products companies can no longer afford to ignore blockchain as a passing trend. From tracing the source of a defective item, to verifying products' authenticity, to simplifying international shipping, to streamlining consumer loyalty programs, blockchain is increasingly becoming a valuable tool, say Scott Kimpel and Mayme Beth Donohue of Hunton & Williams LLP.

  • How Not To Enforce An Arbitration Agreement

    Phillip Kilgore

    The Fourth Circuit's recent opinion in Degidio v. Crazy Horse Saloon and Restaurant serves as a lesson to employers and counsel alike on what not to do when setting up an arbitration program or when attempting to enforce an arbitration agreement, says Phillip Kilgore of Ogletree Deakins Nash Smoak & Stewart PC.

  • An Overview Of The New International Tax Provisions

    Understanding The New International Tax Provisions

    The new tax law made significant international tax changes that affect both U.S. and foreign-parented multinational corporations. In this video, Carol Tello and Lauren Stewart of Eversheds Sutherland LLP provide an overview of the law and its impact, including the reduced corporate tax rate, the shift to a hybrid territorial/worldwide system and the base erosion provisions.

  • Series

    Judging A Book: Duncan Reviews 'Justice And Empathy'

    Judge Allyson Duncan

    In "Justice and Empathy: Toward a Constitutional Ideal," the late Yale Law School professor Robert Burt makes a compelling case for the undeniable role of the courts in protecting the vulnerable and oppressed​. But the question of how the judiciary might conform to Burt’s expectations raises practical problems​, says U.S. Circuit Judge Allyson Duncan of the Fourth Circuit. ​