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

  • October 17, 2018

    Two Years In, Trump Makes Play For New Trade Deals

    After nearly two years in office, President Donald Trump has taken the first steps toward supplementing his enforcement-heavy trade agenda with sweeping new trade agreements by informing Congress that he will formally begin talks with the European Union, the United Kingdom and Japan.

  • October 17, 2018

    Papa John's Tries To Stymie Founder’s Chancery Demands

    Papa John’s pizza chain founder John Schnatter’s “unbounded” demands for company records in a Delaware Chancery Court suit and alleged intent to use the results in future personal litigation against the company justify denial or heavy pruning of disclosures, company attorneys said late Tuesday.

  • October 17, 2018

    The Use Of Third-Party Litigation Financing Is Soaring

    A recent survey of in-house and private firm lawyers shows a spike in the use of third-party litigation funding and plenty of organizations forgoing worthy claims in the face of big legal bills, according to a Wednesday report from funder Burford Capital.

  • October 17, 2018

    GCs Pick 2 Fave Firms For Product Liability Work

    Two law firms are the go-tos for general counsel dealing with product liability litigation, according to a new report that predicts companies will spend more on such cases in 2019.

  • October 17, 2018

    EBay Accuses Amazon Of Poaching Top Sellers

    EBay Inc. hit Amazon.com with a lawsuit in California state court Wednesday, accusing the Seattle-based online retail giant of orchestrating a massive campaign to poach top sellers from eBay's online trading platform in violation of the California Computer Data Access and Fraud Act and state business statutes.

  • October 17, 2018

    The 7 Firms GCs Want To Hire For IP Litigation

    Intellectual property litigation is becoming increasingly complex with ever-higher stakes for companies, and seven firms stand out for general counsel as being able to deliver the top-shelf results in IP matters, according to a report released Wednesday.

  • October 17, 2018

    The Four Firms That GCs Fear The Most

    General counsel are pointing to four law firms they view as the most fearsomely competent litigators and the ones they least wish to see on the other side of the table, a survey released Wednesday revealed.

  • October 17, 2018

    DOL's Joint Employer Plan Highlights New Regulatory Agenda

    The U.S. Department of Labor is readying a rule to clarify when two businesses are joint employers under federal wage law, according to a Wednesday update to the Trump administration’s regulatory road map that also includes delays to rules on overtime and workplace wellness programs.

  • October 17, 2018

    Jury Will Likely Decide Legality Of Disney’s Kid Data Scrape

    A California federal judge expressed ambivalence Wednesday about putative class claims that Disney, Viacom and others illegally sold information surreptitiously culled from child video gamers, saying while the data didn’t seem very private, a jury should likely decide whether “a reasonable person would find this offensive.”

  • October 17, 2018

    DOJ Antitrust Chief Cautions Against Punishing Big Data

    Makan Delrahim, the chief for the Justice Department's Antitrust Division, cautioned Wednesday against treating big data as automatically anti-competitive, arguing that case-by-case antitrust scrutiny of actions by major online platforms like Google and Facebook is required because big data also offers major procompetitive benefits.

  • October 16, 2018

    Viacom Is 2nd Co. To Sue Netflix With Exec. Poaching Claims

    Viacom Inc. has sued Netflix in Los Angeles Superior Court, claiming the entertainment streaming giant illegally recruits key employees away from other companies — including a former Viacom TV production executive — an allegation also made by Twentieth Century Fox in separate ongoing litigation.

  • October 16, 2018

    Ex-Equifax Engineer Gets House Arrest For Insider Trading

    A former Equifax Inc. software development manager who pled guilty over the summer to making a nearly $76,000 profit on inside knowledge of the credit reporting giant's headline-grabbing data breach was sentenced in Georgia federal court on Tuesday to eight months of home confinement.

  • October 16, 2018

    MoFo Nabs Fujitsu's Compliance Head, Ex-Prosecutor In SF

    Morrison & Foerster LLP has hired Fujitsu's head of international compliance, who has also worked as an assistant U.S. attorney in California and New York, to join its San Francisco office, the law firm said.

  • October 16, 2018

    Viacom Can't Arbitrate Kids' Data Privacy Row, Judge Says

    A California federal judge has shot down Viacom's bid to send to arbitration a proposed class action accusing it of unlawfully collecting and selling personal information belonging to children who used one of its mobile apps, ruling that there was no evidence that the users had ever seen or agreed to the arbitration requirement.

  • October 16, 2018

    Ex-Madison Square Garden Interns Get $5K In Wage Suit

    A New York federal judge Tuesday signed off on a more than $5,400 settlement for former Madison Square Garden interns claiming they weren’t paid the wages they were legally owed and $50,000 in fees for their attorneys.

  • October 16, 2018

    5M Walmart Workers Want Cert. In Background Check Suit

    A proposed class of five million Walmart applicants and employees have pressed a California federal judge for certification in a suit accusing the retail giant of adding extraneous material to background check notices it issued to applicants and new hires in violation of the Fair Credit Reporting Act. 

  • October 16, 2018

    NLRB Puts Out Quartet Of Obama GC's Advice Memos

    The National Labor Relations Board general counsel’s office put out a series of Obama-era opinions Monday on hot-button labor issues including dress codes, workplace video recordings and strike replacements. 

  • October 16, 2018

    Top Labor Dept. Atty Decamps For Morgan Lewis in DC

    A high-level attorney for the U.S. Department of Labor who oversaw legal work done for numerous national department programs has left the agency to join Morgan Lewis & Bockius LLP, the firm announced Tuesday.

  • October 16, 2018

    Apple Dodges False Claims Suit Over B-1 Visas, For Now

    A California federal judge on Tuesday tossed with leave to amend a whistleblower’s False Claims Act lawsuit claiming Apple Inc. and the Indian company Infosys Technologies violated immigration laws by recruiting two Indian nationals with B-1 visas to conduct training sessions instead of obtaining the more expensive H1-B visas.

  • October 16, 2018

    Sens. Urge FTC To Take Harder Line On 'Made In USA' Labels

    Three Senate Democrats have sent a letter to the Federal Trade Commission urging it to fully enforce its “Made in the USA” labeling standards in the wake of recent agency decisions to settle with companies that allegedly marketed foreign-made goods as domestically produced.

Expert Analysis

  • Sweeping Business Tax Changes Continue In New Jersey

    David Gutowski

    As part of Gov. Phil Murphy’s efforts to “modernize” business taxes, New Jersey recently enacted significant changes to its corporation business tax — furthered by a bill the governor signed on Oct. 4. Meant to provide only "technical corrections," the bill includes even more substantive tax changes, say attorneys from Reed Smith LLP.

  • 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.