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Corporate

  • May 22, 2018

    Gorsuch, Ginsburg Go To Mat Again In Class Waiver Case

    U.S. Supreme Court Justice Neil Gorsuch has once again delivered a 5-4 majority opinion over a vigorous dissent from his liberal colleague Justice Ruth Bader Ginsburg, this time clashing in a high-profile dispute over arbitration clauses protecting businesses from worker class actions.

  • May 22, 2018

    Groups Back Trucking Co.'s High Court Arbitration Bid

    A trucking industry lobbying group, a D.C. think tank and a Boston public-interest law firm urged the U.S. Supreme Court on Monday to compel arbitration in a class action accusing New Prime Inc. of failing to pay independent contractor truck-driver apprentices a proper minimum wage.

  • May 22, 2018

    Del. Faces IP Surge, Bench Gaps On TC Heartland's Birthday

    One year after the U.S. Supreme Court’s TC Heartland ruling steered hundreds of new patent cases to Delaware from Texas and other states, federal judges and attorneys are patently scrambling to manage the surge with fewer resident judges.

  • May 22, 2018

    House Sends Dodd-Frank Banking Rule Rollback To Trump

    The U.S. House of Representatives on Tuesday passed a major rollback of Dodd-Frank rules, sending a package of financial industry changes that backers say cut costly and burdensome regulations to President Donald Trump, who has indicated his support for the measure.

  • May 22, 2018

    5th Circ. Axes States' Bid To Revive DOL Fiduciary Rule Suit

    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.

  • May 22, 2018

    EU Officials Grill Zuckerberg On Privacy, Antitrust, Legacy

    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.

  • May 22, 2018

    Walmart Shirks Privacy With Self-Checkout Videos, Suit Says

    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.

  • May 21, 2018

    5 Takeaways From Employers' Win On Class Waivers

    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.

  • May 21, 2018

    Ex-Uber Engineer Files Sexual Harassment Suit

    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.

  • May 21, 2018

    9th Circ. Revives Office Depot's Coverage Battle With AIG

    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.

  • May 21, 2018

    Big Lots Agrees To $38M Settlement In Stock-Drop Case

    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.

  • May 21, 2018

    High Court Won't Look At 3rd Circ. Ruling On Eyedrop Size

    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.

  • May 21, 2018

    Icahn Cries Foul On AmTrust's $2.7B Go-Private Deal

    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.

  • May 21, 2018

    Justices Turn Away Solvay FCA Off-Label Marketing Case

    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.

  • May 21, 2018

    15 Minutes With PepsiCo’s General Counsel

    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.

  • May 21, 2018

    High Court Blesses Employers' Use Of Class Waivers

    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.

  • May 21, 2018

    Protect Your ‘Heart,’ Insurers Warned As GDPR Nears

    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.

  • May 18, 2018

    Spokeo 2 Years Later: As Split Grows, High Court Redo Looms

    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.

  • May 18, 2018

    FTC Admin. Judge Says Endo-Impax Opana Deal Is Lawful

    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.

  • May 18, 2018

    EEOC Loses Trial Over Rent-A-Center Firing Of Trans Worker

    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.

Expert Analysis

  • Opinion

    Why Won't Judicial Nominees Affirm Brown V. Board Of Ed?

    Franita Tolson

    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.

  • The Lawyers' Guide To Cloud Computing

    Daniel Garrie

    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.

  • Opinion

    'Hoping' Employers Will Stimulate Economy Is Not Enough

    James Edward Maule

    Lawmakers hoped corporations would use the money from tax incentives in last year's overhaul to create jobs, raise pay and take other steps to grow the U.S. economy, without requiring that they do so. Change would be more likely if the law were crafted so corporations receive tax breaks only to the extent that such promises are fulfilled, says James Edward Maule, professor at Villanova University's Charles Widger School of Law.

  • Defenses For Using Contractors In A Post-Dynamex World

    Samantha Rollins

    While the revamped test for independent contractor status under the California Supreme Court's recent decision in Dynamex Operations West v. Superior Court raises new questions under state law, it also presents opportunities for companies to present new legal arguments (and take new proactive steps) in defense of independent contractor relationships, say Samantha Rollins and Andrew Murphy of Faegre Baker Daniels LLP.

  • Ending Forced Arbitration In Workplace Discrimination Cases

    Joseph Abboud

    While recent actions to eliminate forced arbitration for employee sexual harassment and sex discrimination claims are welcomed developments in the wake of the #MeToo movement, the concerns motivating the movement provide a similar opportunity to consider the ramifications of changes that benefit one group and how they might be expanded to benefit all workers, says Joseph Abboud of Katz Marshall & Banks LLP.

  • Opinion

    Recovering Lawyers' Lost Position Of Independence

    Samuel Samaro

    In these politically divisive times, many ask whether our institutions and traditions can help us return to a greater consensus. In days long past, the legal profession could have been counted on to serve just such a function. But lawyers are now just as polarized as everyone else, says Samuel Samaro of Pashman Stein Walder Hayden PC.

  • FCPA Settlement Shows Gov't Going After All Sides

    Amelia Hairston-Porter

    A nuclear fuel transport company's March settlement with the U.S. Department of Justice resulted in charges against not only the company itself, but also against senior executives, a foreign official and a middleman allegedly involved in bribe payments. The DOJ's pursuit of all sides in this case parallels its actions in other recent cases, say Amelia Hairston-Porter and Nina Gupta of Miller & Chevalier Chtd.

  • TCPA Trends: Impact On Future Litigation And Compliance

    Michael Reif

    The number of Telephone Consumer Protection Act lawsuits has grown exponentially in recent years, and courts have issued several significant decisions in recent months that may have implications for future TCPA litigation and compliance efforts, say Michael Reif and Chelsea Walcker of Robins Kaplan LLP.

  • Inside The New DOJ Policy On Coordinated Enforcement

    Suzanne Jaffe Bloom

    A recent policy announcement by Deputy Attorney General Rod Rosenstein appears to be an express acknowledgement by the U.S. Department of Justice of the need to mitigate the disproportionate and harmful consequences that can result when multiple enforcement authorities seek to investigate and punish the same conduct, say attorneys with Winston & Strawn LLP.

  • Apple Just The Beginning As EU And US Clash Over Taxes

    Catherine Robins

    In the latest twist of the saga of European Commission challenges to the very low levels of tax paid in the European Union by U.S.-owned multinationals, Apple Inc. was ordered to repay $15.5 billion to the Irish government. However, this is not the only move that puts the European Union on a collision course with the U.S. in the arena of international taxation, says Catherine Robins of Pinsent Masons LLP.