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Corporate

  • August 10, 2018

    Oracle Slapped With Securities Fraud Suit After Stock Drop

    Investors filed a proposed securities fraud class action Friday against Oracle in California federal court, holding the technology giant responsible for a one-day stock price plunge of 9.4 percent and alleging the company’s cloud revenues were driven by unsustainable “coercive” sales tactics.

  • August 10, 2018

    Entire Mass. Earned Sick Time Law Is Preempted, Court Rules

    A Massachusetts federal judge ruled Friday that the state’s entire Earned Sick Time Law is preempted by the federal Railroad Unemployment Insurance Act and cannot be enforced against railroads, expanding an appellate court’s ruling that found only one section covering just a worker’s own sick leave was preempted.

  • 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.

Expert Analysis

  • 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.

  • How New Credit Freeze Law May Affect Data Breach Cases

    Robert Kriss

    Congress recently enacted a law that enables consumers to freeze their credit reports to prevent identity theft at no cost, which could have significant implications for whether data breach class actions will be certified and, if they are, the amount of potential damages, say Robert Kriss and Corwin Carr of Mayer Brown LLP.

  • Opinion

    It's Prime Time For A Dose Of Reality On Brett Kavanaugh

    Daniel Karon

    President Donald Trump's announcement of his next U.S. Supreme Court nominee, D.C. Circuit Judge Brett Kavanaugh, had the trappings of reality TV. But left unmentioned were Kavanaugh’s troubling opinions on workplace safety standards, age discrimination and class action plaintiffs, says Daniel Karon of Karon LLC.

  • Gap Between Calif. And Federal Wage And Hour Law Grows

    Kirstin Muller

    In its recent decision in Troester v. Starbucks, the California Supreme Court unanimously rejected application of the federal Fair Labor Standards Act’s “de minimis” doctrine to California wage and hour law. The ruling changes the state's employment law landscape in important ways, says Kirstin Muller of Hirschfeld Kraemer LLP.

  • Series

    Clerking For Ginsburg: 4 Things I Learned

    Judge John Owens

    A lot has changed since I clerked for Justice Ruth Bader Ginsburg 20 years ago. At that time, I had hair and no wife. I also thought I knew everything — but working for the justice made me realize very quickly that I actually knew very little, says Ninth Circuit Judge John Owens.

  • 9th Circ. Slone Ruling Considers Basis Of Transferee Liability

    James Malone

    The Ninth Circuit recently issued a second opinion in Slone v. Commissioner, the latest in a long-running dispute, ruling that a company’s former shareholders were liable as transferees for its unpaid taxes. The case illustrates the important role that transferee liability plays in civil tax enforcement and illustrates the willingness of courts to focus on substance, not form, in transferee cases, says James Malone Jr. at Post & Schell PC.

  • Looking For Answers On Call-In Scheduling In Calif.

    Kalcheva_Desi_01.jpg

    After nearly four years of litigation in California federal court, Samantha Jones v. Abercrombie & Fitch is on the cusp of settlement. But depending on whether it's approved, the issue of call-in time as reporting time for purposes of employee compensation in California may still remain unanswered, says Desi Kalcheva of Paul Plevin Sullivan & Connaughton LLP.

  • Series

    Clerking For Ginsburg: The Equality Lessons

    Margo Schlanger

    In 1993, Ruth Bader Ginsburg was confirmed to the U.S. Supreme Court, and I began my two-year clerkship with her. In her first opinion as a justice, and in dozens since, Justice Ginsburg reminded us how the law needs to operate if equality is to be a reality, says Margo Schlanger, a professor at the University of Michigan Law School.