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Corporate

  • 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.

  • October 16, 2018

    Ex-KPMG Exec Admits Swiping Watchdog's Inspection Plans

    A public accountant admitted in New York federal court on Tuesday that she used her role at the nation's independent audit watchdog to tip KPMG LLP about plans to double-check its work, then continued to solicit inspection plans after taking an executive position at the Big Four audit firm.

  • October 16, 2018

    Uber Reaches $1.3M Deal In Drivers' Collective FLSA Action

    Uber Technologies Inc. will pay $1.3 million to settle Fair Labor Standards Act claims from more than 5,000 drivers who aren’t bound by arbitration agreements and alleged the ride-hailing giant misclassified them as independent contractors instead of employees, according to a North Carolina federal court filing Tuesday.

  • October 16, 2018

    Philly UberBlack Drivers Press 3rd Circ. For Employee Status

    Philadelphia-based Uber limo drivers told the Third Circuit on Monday that they're similar to migrant workers who are compensated at the whim of an economically dominant entity, meaning they should be recognized as employees entitled to proper wages under the Fair Labor Standards Act.

  • October 16, 2018

    The Path To Becoming A Supreme Court Advocate

    A look at the careers of attorneys who have dominated oral advocacy at the U.S. Supreme Court over the last decade shows a similar path for men and women, with a few key differences. Here’s how the top 10 male and female advocates stack up.

  • October 15, 2018

    Gender Disparity At The High Court: How Top Law Firms Measure Up

    For the women at elite law firms, an enduring gender gap among advocates can create a high hurdle for their high court ambitions. Here, Law360 looks at the law firms where women score Supreme Court arguments, and where they don’t.

  • October 15, 2018

    2nd Circ. Seems Skeptical Of Tilton Bid For D&O Insurance

    A Second Circuit panel didn’t seem convinced by businesswoman Lynn Tilton's company that Axis Insurance Co. should be made to cover up to $5 million in legal fees incurred during a Securities and Exchange Commission investigation, expressing skepticism at how Patriarch Partners LLC interpreted its directors and officers insurance policy.

  • October 15, 2018

    1 In 4 Women In Law Experienced Recent Harassment: Report

    One in four professional women working in the legal industry experienced some form of sexual harassment or misconduct in the past five years, according to a survey released Monday.

  • October 15, 2018

    $4.8B Akorn Ruling More Outlier Than Shift At Chancery

    An unprecedented Delaware Chancery Court finding that Fresenius Kabi AG can terminate a $4.8 billion merger with Akorn Inc. earlier this month appears to be more of a deal outlier than a change in court direction on merger-killing adverse event clauses, some attorneys say.

  • October 15, 2018

    Twitter Faces GDPR Probe Over Possible User Tracking

    The Irish Data Protection Commission confirmed Monday that it is investigating Twitter Inc. for potential violations of the European Union’s General Data Protection Regulation after the social media company refused to disclose whether it tracks users who click on links in tweets.

  • October 15, 2018

    In-N-Out Can Block Fight For $15 Buttons, Legal Group Says

    The Washington Legal Foundation asked the U.S. Supreme Court to take up In-N-Out Burger's request to review a National Labor Relations Board order blocking it from making workers take off buttons backing wage advocacy group Fight for $15.

Expert Analysis

  • What Jurors Think Of #MeToo: A Snapshot

    Dan Gallipeau

    Recently, we began examining the attitudes of potential jurors on the #MeToo movement and related issues. This article shares some of our preliminary survey findings, which are on point with issues we all see daily in the media, says Dan Gallipeau of Dispute Dynamics Inc.

  • 10 Questions The SEC Will Probably Ask Google: Part 1

    John Reed Stark

    With the announcement this week that a previously undisclosed software bug potentially exposed up to 500,000 Google+ users' personal data, Google has a problem. And the U.S. Securities and Exchange Commission is probably investigating, says John Reed Stark, former chief of the SEC's Office of Internet Enforcement.

  • Knowledge Management: An Unsung Hero Of Legal Innovation

    Rob MacAdam

    As technology evolves, law firms are increasingly looking for ways to improve communication, transparency and service for their clients. Firms should put knowledge management at the core of their value proposition to create a competitive advantage, says Rob MacAdam at HighQ.

  • Defamation In Litigation: A Primer On Privileges In NY

    Jonathan Bloom

    Under New York law, statements made in court and other litigation-related communications are, in most cases, privileged. But these privileges have limits, and it behooves litigants — particularly those inclined to speak publicly about their cases — to be aware of them, says Jonathan Bloom of Weil Gotshal & Manges LLP.

  • Recent Trends In Shareholder Activism

    Warren de Wied

    Despite poor financial performance among activist funds, the number of public campaigns has increased sharply. Attorneys with Fried Frank Harris Shriver & Jacobson LLP explore the themes in this year's campaigns, the impact on M&A and board concentration, and how companies must respond.

  • Why Janus Should Make Public Employers Think Twice

    Daniel Altchek

    In Palardy v. Township of Millburn, the Third Circuit recently held that public employee union membership and activity is protected under the First Amendment. However, it did not address how the U.S. Supreme Court's Janus ruling may have already signaled a resolution of the circuit split on this issue, says Daniel Altchek of Miles & Stockbridge PC.

  • Hurdles Ahead For California's Female Director Mandate

    Teresa Johnson

    Many believe that California's new law requiring a minimum number of female directors at public companies is necessary. But the law also faces a number of criticisms, and its implementation may well be delayed or even blocked by constitutional challenges, say attorneys with Arnold & Porter.

  • IRS Notice Does Not Jeopardize Exec Comp Grandfather

    Rosina Barker

    The recently issued IRS Notice 2018-68 has triggered concern that the employer’s negative discretion to reduce or cancel amounts payable under an executive compensation award defeats the grandfather protection for awards created by the Tax Cuts and Jobs Act. We believe this concern is off the mark, say attorneys at Morgan Lewis & Bockius LLP.

  • New NLRB Joint Employment Rule: Don't Celebrate Just Yet

    Dove Burns

    Although the National Labor Relations Board’s recently proposed joint employment rule would reduce potential liability for secondary businesses, employers operating in these circumstances must continue to contend with varying interpretations of the joint employer standard for now, says Dove Burns of Obermayer Rebmann Maxwell & Hippel LLP.

  • Opinion

    Skip The New 'Civility Courses' And Think Like A Lawyer

    Alex Dimitrief

    As we watch what passes for political discourse in our nation’s capital, it’s understandable that universities are launching programs on how to cope with ideological disputes. But our country needs fewer people who profess to be open-minded and more people who engage in and honor the conclusions of reasoned debates, says Alex Dimitrief of General Electric Co.