We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Corporate

  • August 10, 2018

    DOL, NJ Ink Deal To Crack Down On Worker Misclassification

    The U.S. Department of Labor and the New Jersey Department of Labor and Workforce Development signed a cooperation agreement Friday to crack down on the misclassification of workers as independent contractors by employers in the Garden State.  

  • August 10, 2018

    Apple Fights App Store Monopolization Claims At High Court

    Apple Inc. urged the U.S. Supreme Court in an opening brief on Friday to toss a proposed consumer class action claiming the technology giant illegally monopolized the iPhone app market, arguing that it acts merely as an agent for developers who set their own prices.

  • August 10, 2018

    Brand Battles: Apple, BMW, Nike, Coca-Cola, Pepsi

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Apple thinks a rival "Genius" isn't so smart, BMW wants to put the brakes on a mechanic's logo, Nike files its latest case over "Just Do It," and Coke and Pepsi both get into action against sound-alike trademarks.

  • August 10, 2018

    Nike Sued Over Sex Bias, Ignoring Harassment Complaints

    Several female former Nike employees filed a proposed class action Thursday that alleges the sports apparel giant systematically pays women less than their male counterparts, holds them back from promotions and gives short shrift to their complaints of sexual misbehavior.

  • August 10, 2018

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    American Bar Association delegates OK'd a resolution calling on legal employers to abandon requirements that people with claims of sexual harassment go to arbitration and the U.K.'s Financial Conduct Authority outlined plans to work with regulators to create a network that will help financial technology firms test new ideas across jurisdictions. These are some of the stories in corporate legal news you may have missed in the past week.​

  • August 9, 2018

    Electric Car Startup Says Rival's No-Poach Terms Are Unlawful

    Electric vehicle startup EVelozcity sued Faraday & Future on Thursday in California state court, calling a contract term its competitor imposes to prevent departing employees from encouraging colleagues to also leave for another company “illegally restrictive.”

  • August 9, 2018

    2nd Circ. Strict On FCA First-To-File Bar In Allergan Case

    A Second Circuit panel ruled Thursday that a False Claims Act relator cannot avoid the FCA's first-to-file bar by filing an amended complaint after a similar earlier suit had been dismissed, in a case accusing drugmaker Allergan Inc. of providing kickbacks to doctors who prescribed its cataract treatments.

  • August 9, 2018

    8th Circ. Says CBA Negates ConAgra Workers' Don-Doff Suit

    The Eighth Circuit on Thursday upheld the dismissal of a proposed class action accusing ConAgra of not paying workers at an Arkansas facility for time they spent donning and doffing protective gear, saying the company acted according to the terms of a collective bargaining agreement.

  • August 9, 2018

    'Sue Me': $1B Tribune Case Charts Where Sinclair Turned Ugly

    Sinclair Broadcast Group Inc. sabotaged the favorable odds of completing a highly profitable merger by picking fights with regulators, taunting the DOJ antitrust head to "sue me," and aggressively defending divestiture proposals that government officials were sure to reject, according to a new lawsuit. Here’s a look at the major mistakes Tribune alleges its would-be acquirer made leading up to the deal’s cutoff date Wednesday.

  • August 9, 2018

    EEOC Says United Backed Pilot Who Posted Colleague Nudes

    The Equal Employment Opportunity Commission accused United Airlines Inc. of discriminating against a flight attendant on the basis of sex for its refusal to punish a pilot, even after he pled guilty to posting provocative images and videos of her on the internet for years, according to a suit filed in Texas federal court Thursday.

  • August 9, 2018

    What You Need To Know About Patent Litigation In China

    Law360's tour of prominent patent jurisdictions around the globe focuses this week on China, where patent applications and infringement actions in specialized courts are booming, but a lack of discovery and political concerns might give pause to some foreign litigants.

  • August 9, 2018

    Draft Of Calif. Wayfair Law Mulls $500K Sales Threshold

    California, the nation’s most populous state, would require out-of-state retailers with $500,000 of annual sales into the state to collect and remit sales and use tax, according to draft legislation circulated by the administration and obtained by Law360 on Thursday.

  • August 9, 2018

    New ABA Labor Chief Looks To Navigate Changing Landscape

    The American Bar Association Section of Labor and Employment Law is poised to help lawyers from both sides of the bar find common ground and to guide them through the #MeToo movement and the fallout from the U.S. Supreme Court's Epic Systems class-action waiver ruling, new section head and Cozen O'Connor employment practice co-chair Joseph Tilson told Law360 in an exclusive interview.

  • August 9, 2018

    Ex-Goldman Sachs Managing Director Alleges Retaliation

    Goldman Sachs & Co. LLC inappropriately fired and withheld millions of dollars in bonuses from a former senior managing director who refused to take the blame for the investment bank's alleged failure to properly vet a European businessman with a "checkered past," the employee alleged Thursday in New York federal court.

  • August 9, 2018

    Airline Passengers Win Class Cert. In Price-Fixing Suit

    A California federal judge certified two classes of All Nippon Airways passengers in multidistrict litigation alleging that major airlines conspired to fix the prices of long-distance trans-Pacific flights.

  • August 9, 2018

    Tribune Kills $3.9B Sinclair Deal, Files Lawsuit

    Tribune Media Co. said Thursday it has ended its planned $3.9 billion combination with Sinclair Broadcast Group Inc. and sued its former acquirer in Delaware for mangling the review process with “unnecessarily aggressive and protracted negotiations” with regulators.

  • August 8, 2018

    Google, Microsoft Reveal Rare Collab Over Massive Chip Flaw

    Security researchers from Google and Microsoft on Wednesday revealed that they had an unusual ally — each other  —  as they raced to devise patches to fight the "Spectre" and "Meltdown" security bugs that exposed nearly every computer chip in the world to hackers.

  • August 8, 2018

    InBev-SAB Deal Didn’t Swallow US Beer Biz, 9th Circ. Says

    A Ninth Circuit panel has backed a lower court's decision to nix an antitrust suit by beer drinkers that challenged Anheuser-Busch InBev's acquisition of SABMiller, finding Wednesday that because SAB had divested its U.S. business before the deal went through, there had been no change to competition in the domestic market.

  • August 8, 2018

    SEC Told Proposed Broker Standards Fall Short

    Financial professionals, investor groups and 17 attorneys general asked the U.S. Securities and Exchange Commission to clarify and strengthen its proposal to require brokers to prioritize their clients over themselves, according to public comments submitted before an Aug. 7 deadline.

  • August 8, 2018

    Sumner Redstone Won't Be Deposed In CBS Stock Suits

    National Amusements Inc. Chairman Sumner Redstone will not be compelled to sit for a written deposition in a case over a stock dividend approved by the directors of CBS Corp., after a Delaware judge said Wednesday the interview would be too stressful for the ailing businessman.

Expert Analysis

  • 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.

  • How Delaware Refreshed Its LLC Act And General Corp. Law

    Allison Land

    Last week, a number of amendments to the Delaware Limited Liability Company Act and the Delaware General Corporation Law became effective. Allison Land and Anne Connolly of Skadden Arps Slate Meagher & Flom LLP discuss the five major changes impacting companies.

  • More Transfer Pricing Disputes And Other Altera Aftermath

    Kristin Garry

    The recent Ninth Circuit opinion in Altera Corp. v. Commissioner of Internal Revenue reaffirms the increasing significance of general administrative law principles in tax cases and marks a substantial departure from the arm’s-length standard for U.S. transfer pricing analysis for the past 80 years, say attorneys at Shearman & Sterling LLP.

  • Crypto Economy Presents Novel Challenges For Insurers

    Thomas Caswell

    In cryptocurrency insurance, volatility disproportionately affects every stage of an insurance policy's life cycle from underwriting to adjustment of losses. This creates real challenges — especially when it comes to valuing losses, say Thomas Caswell and Dennis Anderson of Zelle LLP.

  • The Pros And Cons Of Licensing Technology

    Toni Hickey

    Statistics show that licensing activity is at an all-time high. Still, companies should carefully consider whether and how to license technology, as licensing arrangements can present a conundrum for both intellectual property owners and licensees, say Toni Hickey of Cummins Inc. and William Barrow and Charles Harris of Mayer Brown LLP.

  • Series

    Clerking For Ginsburg: My RBG Guide To Judging

    Goodwin Liu

    I clerked for Justice Ruth Bader Ginsburg before the days of RBG bobbleheads and “You Can’t Spell Truth Without Ruth” T-shirts. I had no idea I would become a judge, and I feel lucky every day that I had the chance to learn from her, says California Supreme Court Justice Goodwin Liu.