• February 16, 2018

    Full 9th Circ. To Rethink Nixing DOL Tip-Credit Guidance

    A confederation of waiters, bartenders and other service workers got a second shot Friday at claims they’re underpaid for tasks that don’t garner tips, when the Ninth Circuit agreed to revisit its decision favoring restaurant owners who’d challenged a 2016 U.S. Department of Labor administrative guidance.

  • February 16, 2018

    Investor Groups Cheer Calls For Limiting Dual-Class Perks

    Investor advocates on Friday lauded SEC Commissioner Robert Jackson's call for sunset provisions on dual-class stock structures, which allow company founders to reserve extra voting power compared with public shareholders, calling it a pragmatic approach that could curb perceived abuses of the practice.

  • February 16, 2018

    Brand Battles: Greenwood Refused 'God Bless The USA' TM

    In Law360’s latest roundup of new actions at the Trademark Trial and Appeal Board, country singer Lee Greenwood appeals after being refused a registration on the name of his most famous hit, Major League Baseball welcomes spring training by aiming to block a "Spring Training" mark, and Allstate takes its "Drivewise" battle with Kia to the board.

  • February 16, 2018

    US Hits Back At AmEx In High Court Steering Rules Case

    The U.S. government criticized American Express Co. on Thursday for defending contract provisions that prevent merchants from steering customers to other credit cards, in a closely watched antitrust case before the U.S. Supreme Court.

  • February 16, 2018

    NLRB Tees Up Misclassification Standard For Review

    The National Labor Relations Board on Thursday called for input on whether the agency should treat misclassifying a worker as an independent contractor as a violation of federal labor law — a “drastic departure from established precedent,” according to the U.S. Chamber of Commerce.

  • February 16, 2018

    IRS Asserts Coca-Cola Undervalued Property In $3B Tax Case

    Arrangements between The Coca-Cola Co. and foreign licensees did not accurately reflect the value of the company's intangible property, allowing the beverage producer to avoid significant U.S. taxes, the IRS said in a pretrial memorandum filed Thursday in its $3.3 billion transfer pricing dispute with Coca-Cola in the U.S. Tax Court.

  • February 16, 2018

    Google's Firing Of Outspoken Engineer Was Legal: NLRB Memo

    Google Inc. did not violate federal labor law when it fired a software engineer after he wrote a divisive memo that criticized the company’s inclusion and diversity policies and argued that women are less biologically suited for tech jobs, the National Labor Relations Board general counsel’s office has said in an advice memorandum.

  • February 16, 2018

    Intel Says Chip Security Flaws Led To 30+ Suits Against It

    Intel said on Friday in a regulatory filing that it is facing more than 30 lawsuits, including proposed consumer and securities class actions, over the discovery in 2017 that security flaws, dubbed Spectre and Meltdown, make virtually every computer chip vulnerable to hacking.

  • February 16, 2018

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    The general counsel for the parent company of Midas received a​ two-year stayed suspension for practicing out of state, U.S. Supreme Court Justice Ruth Bader Ginsburg expressed optimism that the burgeoning #MeToo movement will have a sustained impact,​ and PNC Bank’s general counsel shared with Law360 why he​​ moved in-house after spending much of his career at law firms. These are some of the stories in corporate legal news you may have missed in the past week.​

  • February 16, 2018

    How To Help Clients Guard Against Interloping Bidders

    Though rival bids from third-party suitors rarely succeed, they can be discouraging after attorneys have spent months diligently working on an acquisition. However, there are ways lawyers can make it more likely their client will prevail, including by building protections against so-called interlopers into the original deal agreement.

  • February 15, 2018

    Cisco’s 'Insane' IP Defense Fails In Arista Antitrust Row

    A California federal judge on Wednesday agreed to strike most of Cisco defenses against an antitrust suit brought by Arista over the sales of Ethernet switches, including a hotly contested infringement defense, which Arista’s counsel called “breathtakingly broad, unprecedented and insane.”

  • February 15, 2018

    Facebook, Twitter Still Violating Consumer Law, EU Says

    Facebook and Twitter have taken some recent steps to comply with European consumer law, but could still face sanctions over their processes for deleting user content, according to a European Commission report released Thursday.

  • February 15, 2018

    Kellogg Worker Must Arbitrate FLSA Claim, Judge Says

    A Nevada federal judge on Thursday sent to arbitration a Kellogg worker’s claim that the company violated the Fair Labor Standards Act by denying him proper overtime pay, finding the parties had “clearly and unmistakably” agreed that an arbitrator should decide whether the allegations are arbitrable.

  • February 15, 2018

    7th Circ. Imposes Sanctions In 'Frivolous' Wage Suit Appeal

    A construction contractor appealing the loss of an employee wage suit was met with sanctions from the Seventh Circuit on Wednesday and a stern rebuke over practically every facet of the appeal, from its "naked assertions" to the flouting of local rules mandating supporting documentation.

  • February 15, 2018

    Uber Drivers Win Class Cert. In Fair-Share Pay Suit

    A California federal judge on Wednesday certified a nationwide class of Uber drivers alleging the company’s upfront pricing model denies them their fair share of riders’ payments, a week after he described the suit as a “classic case of a class action” based on a form contract.

  • February 15, 2018

    Bilateral Safe Harbors Uncertain Under OECD, Economist Says

    The Organization for Economic Cooperation and Development’s language for curbing international tax avoidance could be preventing countries from agreeing on bilateral safe harbors that would prescribe simple transfer pricing rules for multinational corporations, an economist said at a panel on Thursday.

  • February 15, 2018

    Axing Deadwood Tax Regs Of Little Use To Businesses

    The Trump administration’s deregulatory agenda may be marginally helped by the U.S. Department of the Treasury’s latest proposal to get rid of nearly 300 obsolete tax regulations, but Treasury’s exercise is more likely intended to help the government’s public image than have any real impact on businesses.

  • February 15, 2018

    House Passes Bill To Curb Lawsuits Over ADA Violations

    The House of Representatives passed a bill intended to curb allegedly abusive Americans with Disabilities Act lawsuits Thursday, even as critics argued it would undermine protections under the civil rights law.

  • February 15, 2018

    What GCs Need To Know That They Don't Learn In Law School

    Whether it's understanding how to clearly communicate legal matters to other executives within a company or decisively making a recommendation, general counsel across various industries agree there are certain key traits involved in their multidisciplinary responsibilities that weren't part of their law school curriculum.

  • February 15, 2018

    A Chat With Hogan Lovells HR Chief Allison Friend

    In this monthly series, legal recruiting experts at Major Lindsey & Africa interview management from top law firms about navigating an increasingly competitive business environment. Here we feature Allison Friend, chief human resources officer for Hogan Lovells.

Expert Analysis

  • A Real-World Model For Preventing Sexual Misconduct

    Hayley Hanson

    With a seemingly endless series of news reports documenting unreported, sometimes ignored, and persistent sexual harassment and sexual assaults in Hollywood, the news media, Wall Street and Congress, other institutions can and should look to higher education as a model for training programs to prevent sexual misconduct and to encourage reporting, say Hayley Hanson and Derek Teeter of Husch Blackwell LLP.

  • A Fresh Look At CFPB's Enforcement Process

    Jean Veta

    In its most recent request for information the Consumer Financial Protection Bureau emphasizes seven aspects of its enforcement process that “may be deserving of more immediate focus.” Because the process is a series of interrelated steps, changes to any one of these areas may impact, or be impacted by, changes to other areas, say Jean Veta and Eitan Levisohn of Covington & Burling LLP.

  • Emerging Trends In FCA Enforcement: 2018 Outlook

    Vince Farhat

    Two new policies from the U.S. Department of Justice, along with ongoing developments concerning the elements of scienter and materiality stemming from the landmark U.S. Supreme Court decision in Escobar, have the potential to significantly change the landscape of False Claims Act enforcement in the year ahead, say attorneys with Holland & Knight LLP.

  • Agency Guidance Limits May Shift Health Care Enforcement

    Michael Lampert

    The U.S. associate attorney general recently issued a memo directing civil litigators in the U.S. Department of Justice to limit their use of governmental agency guidance documents in affirmative civil enforcement matters. Attorneys with Ropes & Gray LLP discuss issues that should be monitored over time in order to understand the memo's ultimate impact on civil health care enforcement matters.

  • Google Bias Suit Presents Critical Juncture In Labor Law

    Eve Wagner

    Two ex-Google employees recently accused the company of singling out conservative white men and terminating their employment after they shared their political views with colleagues. The question for the trier of fact will be whether their speech is protected under California law or constituted discrimination or other wrongful conduct in violation of Google’s policies, says Eve Wagner of Sauer & Wagner LLP.

  • The Art Of The Litigation Funding Deal

    Julia Gewolb

    As litigation funding becomes more widespread, greater complexity and variability in funding deals are to be expected. All claimants should consider certain key questions on the economics of single-case funding when considering or comparing funding terms, says Julia Gewolb of Bentham IMF.

  • Smart Contracts Need Smart Corporate Lawyers

    Matthew O’Toole

    Given the operational and security risks involved, and the substantial digital asset values transacted, the rise of distributed ledger technology and smart contracts will create new opportunities and responsibilities for transactional lawyers, say attorneys with Potter Anderson Corroon LLP.

  • Reflections On 2017 FCPA Enforcement

    Mark Mendelsohn

    Despite significant Foreign Corrupt Practices Act enforcement activity in 2017, the Trump administration’s approach remains elusive and not readily characterized. The manner in which investigations are resolved in the coming year may help illuminate whether the current government will be more lenient toward U.S. companies than the Obama administration, say attorneys with Paul Weiss Rifkind Wharton & Garrison LLP.

  • DC Circ. CFPB Decision Is A Big Win For Industry

    Joseph Palmore

    In PHH v. Consumer Financial Protection Bureau, the D.C. Circuit recently held that the structure of the CFPB is constitutional. The U.S. Supreme Court will likely have the last word on the separation-of-powers issue, but the D.C. Circuit's holdings on the Real Estate Settlement Procedures Act and fair notice will likely stand, say attorneys with Morrison & Foerster LLP.

  • Encouraging Broader Use Of Equal Pay Act At 4th Circ.

    Michael Abcarian

    Given Title VII’s easier burden of proof, it has largely supplanted the Equal Pay Act as the law of choice for litigating gender-based pay discrimination lawsuits. However, the Fourth Circuit’s recent decision in U.S. Equal Employment Opportunity Commission v. Maryland Insurance Administration could change this and usher in a new age of pay discrimination lawsuits, says Michael Abcarian of Fisher Phillips.