• May 11, 2018

    9th Circ. Revives Chamber's Suit Over Seattle Uber Union Law

    The Ninth Circuit on Friday breathed new life into the U.S. Chamber of Commerce's challenge to a Seattle law letting app-based drivers bargain collectively, partially reversing a trial court's decision that dismissed the suit and holding that the city ordinance isn't exempt from federal antitrust law.

  • May 11, 2018

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    Questions remain around who will permanently replace Eric Schneiderman as New York attorney general after he resigned in the wake of a news article detailing allegations of physical abuse by four women, new data show female in-house counsel earn 84 percent of what their male counterparts make on average, and Fox News hired a new general counsel amid a series of lawsuits alleging the network mistreated women and minority workers. These are some of the stories in corporate legal news you may have missed in the past week.​

  • May 10, 2018

    Chamber Of Commerce Taps Hughes Hubbard Partner For GC

    The U.S. Chamber of Commerce announced Thursday that it has hired a former U.S. attorney and current partner at Hughes Hubbard & Reed LLP to serve as its new chief legal officer and general counsel.

  • May 10, 2018

    Post-Dynamex, Workers Claim Lyft, Postmates Mislabel Them

    Two putative class action lawsuits filed in California state court have accused Lyft Inc. and Postmates Inc. of mislabeling drivers and couriers as independent contractors, arguing they should be considered employees under the new test adopted in the state high court’s landmark Dynamex decision last month.

  • May 10, 2018

    NLRB Members Signal Plans To Review Blocking-Charge Rule

    Two Republican members of the National Labor Relations Board signaled Wednesday that the agency may soon revisit its decades-old policy of pausing union elections when a party alleges that workers’ freedom to choose whether they want to be represented by a union has been infringed.

  • May 10, 2018

    Patent Owners May Not Like PTAB Claim Construction Change

    Patent owners have been unrelenting in their message: The Patent Trial and Appeal Board should use the same standard as district courts when interpreting patent claims. While it appears they will get their wish, some attorneys believe they may soon discover the grass isn’t necessarily greener.

  • May 10, 2018

    Paris Could Benefit From Brexit, Arbitration Survey Says

    A small majority of those polled in a survey on the evolution of international arbitration released Thursday said Brexit won't dampen London's popularity as an arbitral seat, but if there is any ill effect, respondents said Paris is set to benefit most.

  • May 10, 2018

    ZTE Stops Major Operations After US Imposes Biz Ban

    ZTE Corp. said that it has halted its main operations in response to a seven-year ban imposed by the Trump administration that effectively bars U.S. companies from shipping components to the Chinese telecom giant.

  • May 10, 2018

    Term Changes Don't Fix Disney's Copyright Misuse: Redbox

    Redbox has asked a California federal court to dismiss a lawsuit from Disney that seeks to ban it from selling digital movies at its kiosks, saying Disney can’t restrict Redbox’s resale of codes through after-the-fact changes to its terms.

  • May 10, 2018

    JPMorgan Can’t Escape DOL’s Pay Bias Suit

    An administrative law judge has denied JPMorgan’s bid to escape allegations by the U.S. Department of Labor that it illegally pays women less than men, saying the requirement that workers alleging pay discrimination sue their employers within a certain time frame doesn’t apply to the DOL’s government contracts watchdog.

  • May 10, 2018

    New Tax Law’s Impact On M&A Coming Into Focus

    The new federal tax law was expected to change how deals get structured, and four months after its enactment, it is becoming clear how the legislation is having an impact on negotiations and tax planning strategies.

  • May 9, 2018

    ACA Birth Control Rules Top EBSA's Spring Priority List

    The Employee Benefits Security Administration's spring priorities include allowing employers to opt out of covering birth control and expanding a program that allows employers to duck civil penalties for fiduciary violations, according to a list filed with the White House's regulatory affairs office on Wednesday.

  • May 9, 2018

    TechFreedom Adds Space Law Expert As GC

    TechFreedom has appointed its first general counsel, a former senior adjunct fellow at the technology think tank who has years of expertise as a technology attorney and as a pioneer in the practice of international space law, according to a Wednesday statement.

  • May 9, 2018

    DOJ Tackles 'Piling On' Of Corporate Penalties In New Policy

    U.S. Deputy Attorney General Rod Rosenstein announced in two speeches in New York on Wednesday that the U.S. Department of Justice had added a new internal policy setting out guidelines to help prosecutors avoid “piling on” corporate penalties with other U.S. enforcement agencies.

  • May 9, 2018

    Calif. Wells Fargo Consultants Win $97M In Rest Break Suit

    A California federal judge on Wednesday awarded $97.28 million to a class of 4,481 Golden State-based Wells Fargo & Co. home mortgage consultants who weren't paid for rest breaks, rejecting the bank's arguments that it shouldn't have to pay more than $24.5 million for the labor violations.

  • May 9, 2018

    Chancery Won't Fast-Track Rite Aid-Albertsons Merger Fight

    Delaware’s chancellor on Wednesday rejected a Rite Aid investor’s bid to expedite a preliminary injunction motion aimed at blocking a merger of the pharmacy chain’s remaining stores with Albertsons Cos., pending action on a dispute over deal terms for stockholders and appraisal rights.

  • May 9, 2018

    IRS To Unveil TCJA Foreign Tax Credit Rule By Late Summer

    In August, the U.S. Treasury Department and Internal Revenue Service will release guidance on foreign tax credits as they relate to last year’s tax overhaul legislation.

  • May 9, 2018

    Joint Employer Plan, OT Highlight Trump's Labor Agenda

    The National Labor Relations Board plans to issue a rule setting out a test for when affiliated businesses are joint employers and the U.S. Department of Labor will revise how it defines workers’ base pay when calculating overtime, according to a regulatory roadmap the Trump administration released Wednesday.

  • May 9, 2018

    Starbucks Fails To Sway Judge In Calif. Cancer Warning Case

    Starbucks and other companies in the coffee business will likely have to put up public cancer warnings in California, after a state judge ruled that their experts had failed to convince him that java should be exempted from a controversial state notification law.

  • May 9, 2018

    Feds Back Apple’s High Court Petition In Monopoly Case

    The Trump administration threw its weight behind Apple’s bid for the U.S. Supreme Court to squash allegations that the technology giant illegally monopolized the iPhone apps market, arguing that a Ninth Circuit decision reviving a lawsuit against the company muddies the water on who can sue for damages under antitrust law.

Expert Analysis

  • Series

    Judging A Book: Berzon Reviews 'We The Corporations'

    Judge Marsha Berzon

    My advice to prospective clerks will now include the suggestion that they read Adam Winkler's new book, "We the Corporations: How American Businesses Won Their Civil Rights," for the same reason I recommend taking a corporations course — appreciating the critical role of business corporations in American life and law, says Ninth Circuit Judge Marsha Berzon.

  • What ABA’s Position On Harassment Means For Employers

    Minjae Song

    In the #MeToo era, the American Bar Association’s recently passed Resolution 302 is a reminder of harassment policy best practices to all employers, and it should be of particular interest to employers in the legal industry, say attorneys with Hunton Andrews Kurth LLP.

  • Unanswered Questions After Dynamex, And What Lies Ahead

    Richard Reibstein

    When the California Supreme Court issued its groundbreaking decision in Dynamex v. Superior Court of Los Angeles County on April 30, announcing a new test for independent contractor status under certain California laws, it left open a host of questions that are likely to vex lawyers, businesses and workers, say Richard Reibstein and Nina Huerta of Locke Lord LLP.

  • Opinion

    How Much Might Chicago Taxpayers Pay For Amazon's HQ2?

    Josh Burday

    The city of Chicago has a history of making bad deals in secrecy and at the taxpayers’ expense, says Josh Burday of Loevy & Loevy, who is currently representing the group suing Chicago for disclosure of the details of its bid for Amazon's HQ2.

  • Practical Considerations For Litigating Proportionality

    Elizabeth McGinn

    By incorporating an explicit requirement that discovery must be “proportional to the needs of the case,” the 2015 amendments to the Federal Rules of Civil Procedure garnered much speculation as to their impact on courts’ decision-making processes. Now that the rules have been implemented for over two years, several themes have emerged, say attorneys with Buckley Sandler LLP.

  • Facing The Homestretch Of GDPR Prep: Part 1


    The EU General Data Protection Regulation implementation date — May 25 — is quickly approaching, and many companies are wrestling with how to prioritize efforts in the final weeks. In this video, Brian Hengesbaugh of Baker McKenzie discusses the importance of keeping a low profile.

  • Planning For New IRC Section 1061: Part 2

    Scott Dolson

    The views of tax professionals and the IRS interpreting Internal Revenue Code Section 1061 are rapidly evolving in the aftermath of hurriedly adopted legislation. While future corrective legislation and agency interpretations may target planning, the statute in its current form provides opportunities for taxpayers to work around the negative consequences of the new three-year holding period for certain carried interests, say attorneys at Frost Brown Todd LLP.

  • Hourly Employee Pay In Calif. Hangs In The Balance

    Grant Alexander

    On Tuesday the California Supreme Court heard oral arguments in Troester v. Starbucks, a case that questions whether the de minimis doctrine applies to wage claims made under the California Labor Code. The court's decision may drastically change how employers do business in the state, says Grant Alexander of Alston & Bird LLP.

  • Supporting Nontraditional Data Types In E-Discovery

    Jason Paroff

    The advancement in connected technologies and software has created an explosion of nontraditional data sources that present challenges to e-discovery practitioners. Many tools and techniques used to process traditional data may not be practical for these new data types, say Jason Paroff and Sagi Sam of Epiq.

  • Planning For New IRC Section 1061: Part 1

    Scott Dolson

    Recently enacted Internal Revenue Code Section 1061 makes several important modifications to the beneficial tax treatment of carried interest. Professionals in the hedge fund, private equity or real estate industries need to keep this new provision in mind when structuring their compensation arrangements, say attorneys at Frost Brown Todd LLC.