The Fifth Circuit on Tuesday deflated workers’ advocates’ hopes that a trio of states could rally to save the U.S. Department of Labor’s fiduciary rule, with the court striking down an attempt by the California, Oregon and New York attorneys general to revive litigation over the retirement-savings rule.
European lawmakers laid into Facebook founder Mark Zuckerberg on Tuesday for his company’s data privacy failings and raised the prospect of breaking up the social network, which some suggested had amassed an unfair share of power online.
Walmart Inc. violates Golden State privacy law by using video cameras to record customers’ facial features at self-checkout kiosks, according to a proposed class action that landed in California federal court on Monday.
The U.S. Supreme Court cleared the way Monday for employers nationwide to require workers to sign away their right to pursue class actions in a blockbuster ruling that attorneys on both sides of the bar agree will translate to millions more workers being bound by class waivers. Here, Law360 looks at five key takeaways from the high court's long-anticipated decision.
A former Uber programmer sued the ride-hailing giant in California state court Monday alleging she was subject to such severe sexual harassment and retaliation that she was hospitalized, in a filing that comes days after the company pledged not to send sexual misconduct-based suits to arbitration.
The Ninth Circuit on Monday revived Office Depot Inc.'s bid to force an AIG unit to cover its costs in a suit alleging it violated the California False Claims Act by overbilling public agencies, rejecting a lower court's conclusion that claims brought under the CFCA are innately subject to a state law barring insurance for deliberate wrongful conduct.
Big Lots Inc. has agreed to pay a class of investors $38 million to settle claims that its top brass misled shareholders in 2012 about the discount retailer’s performance and conducted insider trading, according to a settlement filed in Ohio federal court.
The U.S. Supreme Court on Monday refused to review a Third Circuit ruling that revived a proposed class action accusing Allergan Inc., Pfizer Inc. and other drugmakers of ripping off consumers by selling eyedrops in wasteful dispensers.
Activist shareholder Carl Icahn hit AmTrust Financial Services Inc. with a suit in Delaware Chancery Court on Monday claiming its proposed $2.7 billion go-private deal undervalues the insurance giant while financially benefiting the family at its helm, saying the record backing the merger price has been manipulated.
The U.S. Supreme Court on Monday rejected a bid to revisit a decision tossing a whistleblower's False Claims Act case that had accused Solvay Pharmaceuticals of inducing false Medicaid claims through alleged off-label marketing and kickback schemes for three of its drugs.
Dave Yawman didn’t give much thought to becoming the general counsel at PepsiCo, where he has worked for nearly 20 years, until the day after he was asked to fill the position in November. Here, he discusses the changes at the global food and beverage corporation during his tenure and the way discontent can lead to success.
The U.S. Supreme Court ruled Monday that employment agreements forcing workers to sign away their rights to pursue class action claims are legal, rejecting the National Labor Relations Board’s position that class waivers violate federal labor law.
Europe’s top insurance lobby on Monday urged firms to run final checks to ensure they have prepared their customers and themselves for formidable information protection rules that take effect Friday, warning that the new regime targets “the heart” of the industry: data.
In the two years since the U.S. Supreme Court declared that concrete injuries are necessary to establish Article III standing, federal courts around the country have moved to apply the holding to scores of privacy and data breach cases. Here, attorneys look back at how courts have been interpreting the landmark decision and offer predictions at how the deepening divide is likely to play out moving forward.
A patent deal in which Endo Pharmaceuticals Inc. paid generic-drug maker Impax Laboratories Inc. to forgo launching a generic version of an opioid pain medication did not violate consumer protection statutes, a Federal Trade Commission administrative law judge ruled Friday, because the settlement’s pro-competitive benefits outweighed its anti-competitive harms.
An Illinois federal jury found Friday that Rent-A-Center East Inc. didn’t illegally fire a transgender employee after she told the company she was transitioning, dealing a loss to the U.S. Equal Employment Opportunity Commission and its argument that the termination flouted federal anti-discrimination law.
In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Anheuser-Busch cites a Super Bowl ad about its famous German founder, Marvel has trouble registering its upcoming "Cloak & Dagger" television series, and Microsoft gets into a dispute with real estate giant Tishman Speyer over dueling services called "Zo."
With summer just on the horizon, many employers will make it easier for workers to beat the heat by relaxing dress codes to allow for more casual attire. And while companies have ample legal leeway to loosen the reins on office garb, attorneys say there are still plenty of ways they can trip up. Here, Law360 looks at five things employers should keep in mind when implementing summer dress codes.
When the U.S. Supreme Court put limits on where patent lawsuits can be filed, it was widely viewed as a blockbuster decision. One year later, the impact of the ruling has met expectations, pushing cases out of the Eastern District of Texas while causing a filing spike in Delaware and other courts.
The Delaware Supreme Court upheld the dismissal Friday of a shareholder derivative suit that accused the directors of Viacom Inc. of engaging in self-dealing by awarding unearned compensation to ailing board member Sumner Redstone despite his lack of involvement with the company.
U.S. companies venturing into the world of global equity compensation confront a complex, cross-border web of rules and regulations. Victoria Ha and William Woolston of Covington & Burling LLP highlight five critical questions that can help U.S. companies navigate common legal pitfalls, with a focus on some of the most rapidly evolving areas of law.
Initially, the First Circuit’s recent decision in Sepulveda-Vargas v. Caribbean Restaurants — a case involving claims under the Americans with Disabilities Act — may seem counterintuitive. But understanding the court's treatment of two features of the ADA’s "essential function" doctrine will help parties navigate the nuances of these types of lawsuits, says John Calhoun of Choate Hall & Stewart LLP.
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.
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.
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.
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.
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.
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.
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.
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.