Corporate

  • February 9, 2018

    What's Next In The WTO Tussle Over Trump's Safeguards

    Major U.S. trading partners have begun to push back against the Trump administration’s newly minted safeguard tariffs at the World Trade Organization using a tactic that, for now, stops short of a full-on dispute but could enable those aggrieved countries to strike back against the duties more swiftly.

  • February 9, 2018

    Market Volatility Threatens To Stall IPO Momentum

    Sudden stock market volatility threatens to stall an initial public offerings market that was just beginning to show momentum, experts say, likely resulting in fewer deals and lower offer prices, though it’s premature to say IPOs will shut down entirely.

  • February 9, 2018

    Employers Eagerly Await EEOC Sexual Harassment Guidance

    The U.S. Equal Employment Opportunity Commission's hotly anticipated sexual harassment enforcement guidance remains stalled at the Office of Management and Budget, but experts say its eventual release will provide much-needed clarification to employers during a time when the #MeToo movement has them taking a fresh look at workplace harassment policies.

  • February 9, 2018

    Co. Says Ruling Means It Can Scrape Data From LinkedIn

    Data company 3Taps Inc. on Thursday hit LinkedIn Corp. with a suit in California federal court, arguing that a ruling in a separate case that allowed a job search startup to scrape data off the networking site’s public profiles should allow 3Taps to do the same.

  • February 9, 2018

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    Secretary of State Rex Tillerson announced plans to create a cybersecurity bureau in his department, three congressional Republicans worked on a paid parental leave proposal and the American Bar Association passed a policy change aimed at how legal industry employers handle sexual harassment and retaliation claims. These are some of the stories in corporate legal news you may have missed in the past week.​

  • February 9, 2018

    Uber, Waymo Settle Trade Secret Case Amid Trial

    Waymo and Uber have reached a settlement of their self-driving car trade secret row a third of the way through trial, with Uber agreeing to give Waymo a slice of the ride-hailing company's $72 billion equity worth approximately $245 million.

  • February 8, 2018

    GrubHub Driver In Gig Economy Case Is A Contractor: Judge

    A California federal judge ruling in a bellwether case concerning the rights of workers who participate in the so-called gig economy said Thursday that a former GrubHub Inc. meal delivery driver was an independent contractor and not the company’s employee.

  • February 8, 2018

    Smoking Gun Or Red Herring: Waymo, Uber Debate 14K Files

    Waymo’s attorneys questioned a small army of computer experts in a California federal court Thursday in a bid to show that 14,000 files a former employee downloaded from Waymo’s server evidenced corporate espionage meant to speed up Uber’s race toward self-driving cars, while Uber’s attorneys countered the downloads were automatic and meaningless.

  • February 8, 2018

    State AGs Urge High Court To Review Google Privacy Deal

    Attorneys general from Arizona, Texas and more than a dozen other states on Wednesday backed a class action fairness group's bid to convince the U.S. Supreme Court to review a privacy case involving Google where class members stand to receive none of the $8.5 million settlement, arguing that such cy pres pacts hurt consumers.

  • February 8, 2018

    Coke Bottler Defends Ax Of Striking ‘Dissidents’ At DC Circ.

    A Puerto Rican Coca-Cola bottler and beverage distributor urged a D.C. Circuit panel Thursday to upend National Labor Relations Board findings that it interfered with the protected rights of striking Teamsters workers the company says went rogue and deserve no protection from termination.

  • February 8, 2018

    $3B Tax Trial Will Focus On Royalties, Coca-Cola Says

    Long-standing royalty agreements between Coca-Cola and six foreign subsidiaries will be the company's main focus at trial in its $3.3 billion transfer pricing dispute with the Internal Revenue Service, Coca-Cola said in a 161-page trial brief filed Wednesday at the U.S. Tax Court.

  • February 8, 2018

    Apple Sanctions Nixed In Qualcomm Antitrust Battle

    A California federal judge on Wednesday lifted a $300,000 sanctions order against Apple Inc. for missing a document production deadline in the Federal Trade Commission’s antitrust case against Qualcomm Inc., ruling that a magistrate judge cited unclear authority in issuing the order.

  • February 8, 2018

    Wynn Resorts Ignored Claims Of Steve Wynn Misconduct: Suit

    Las Vegas-based casino operator Wynn Resorts has been hit with a shareholder suit claiming the company and its board of directors breached their fiduciary duties and exposed shareholders to damages by ignoring decades of allegations of sexual misconduct by founder and CEO Steve Wynn.

  • February 8, 2018

    4 Ways Companies Should React When GCs Behave Badly

    As employers scrutinize their policies and workers’ complaints in the wake of the Harvey Weinstein sexual assault scandal, a legal department may wonder what actions to take when its own general counsel breaches fiduciary duties or engages in misconduct. Here, Law360 looks at four steps a business can take if its top lawyer is suspected of bad behavior.

  • February 7, 2018

    Google Co-Founder Mentor Then Rival, Ex-Uber CEO Testifies

    Former Uber CEO Travis Kalanick told a California federal jury on Wednesday that he’d considered Alphabet Inc. CEO Larry Page a mentor before he heard Google was planning to jump into the ride-hailing business, recounting a professional rivalry in Alphabet unit Waymo’s trade secrets case against the company he co-founded.

  • February 7, 2018

    Attorneys Cautiously Optimistic After Acquisition Report

    A recent expert panel report advocating a broad overhaul of the U.S. Department of Defense’s acquisition process is a landmark document that may finally spur the significant changes that are needed to make the procurement system more user friendly, although more work remains to be done, attorneys say.

  • February 7, 2018

    CFPB Info Request Could Mean Shift In Enforcement Policies

    The Consumer Financial Protection Bureau said Wednesday it is seeking information about its enforcement process, the latest move by acting agency head Mick Mulvaney that could signal changes are on the way that would benefit financial firms and other investigation targets.

  • February 7, 2018

    Judge Caps Escobar FCA Claims, Tells Attys 'Get On With It'

    A federal judge in Boston on Wednesday trimmed a False Claims Act lawsuit against Universal Health Services Inc. and ordered "full steam ahead" on the case that was bogged down in appellate disputes for years.

  • February 7, 2018

    Attys Brace For More Scrutiny Of H-1B Visa Applications

    H-1B visas, which have always been in short supply, may be even harder to get this year as attorneys and employers prepare for tough scrutiny of applications that could leave many immigrants out in the cold.

  • February 7, 2018

    Uber Deal Over Workers' Comp Class Action Hits Speed Bump

    A California judge on Wednesday refused to preliminarily approve Uber's settlement that would provide drivers with occupational accident insurance in exchange for ending putative class claims that the ride-hailing company improperly denied them workers’ compensation, saying the contract terms between the drivers and the insurance company are unclear.

Expert Analysis

  • Opinion

    Evolving Due Process In The Digital Age

    Stephen Kane

    Because courts have not modernized as quickly as companies like Amazon, Tesla and Apple, Americans are becoming increasingly dissatisfied, but technological innovations may be able to help Americans access their due process, says Stephen Kane of FairClaims.

  • 9th Circ. Ups Ante On Cert. Of Nationwide Settlement Classes

    James Morsch

    A closer examination of the Ninth Circuit’s reasoning in the Hyundai and Kia Fuel Economy Litigation reveals that the recent decision does not break new ground in terms of class action law but does highlight the difficulties in certifying nationwide class actions, even for settlement-only classes, says James Morsch of Butler Rubin Saltarelli & Boyd LLP.

  • Opinion

    DOJ Has New Policy On FCA Dismissals — Finally

    Harold Malkin

    It always seemed unconscionable — even when I was a federal prosecutor — to require defendants who succeeded in persuading the U.S. Department of Justice that a False Claims Act qui tam action was meritless to then have to defend themselves anew against the relator in court. The DOJ's recent change in policy is welcome news, says Harold Malkin of Lane Powell PC.

  • The New Limited Interest Deduction: Good For Business?

    Jennifer Tolsky

    The Tax Cuts and Jobs Act purports to lower taxes and simplify the Internal Revenue Code, but the new limitation on the deductibility of business interest seems contrary to this objective. This change will certainly cause many businesses to pause and consider whether debt financing is the best option for them, says Jennifer Tolsky of Gould & Ratner LLP.

  • Potential Revamp Of CFPB Civil Investigative Demand Process

    Jean Veta

    Last week the Consumer Financial Protection Bureau published a request for information seeking comment on its civil investigative demand process. This signals the bureau’s potential openness to revising the process, which has been regarded as difficult, expensive and time-consuming by many institutions, say attorneys with Covington & Burling LLP.

  • When FBI Comes Knocking: A Guide For In-House Counsel

    Sarah M. Hall

    There are a range of possible warning signs that your company is under criminal investigation — some are obvious and some are not. Taking the right steps immediately upon learning or suspecting that an investigation is underway can make all the difference, says Sarah M. Hall of Thompson Hine LLP.

  • Feature

    From Law Firm To Newsroom: An Interview With Bob Woodruff

    Randy Maniloff

    Lawyers who have left the traditional practice for perceived greener pastures are many. But the circumstances surrounding broadcast journalist Bob Woodruff’s departure are unique. Like none I’ve ever heard, says Randy Maniloff of White and Williams LLP.

  • Series

    Judging A Book: Kendall Reviews 'On The Jury Trial'

    Judge Virginia Kendall

    As someone who spent half her days last year on the bench presiding over trials, I often find the alarmist calls to revamp the jury trial system a tad puzzling — why is making trial lawyers better rarely discussed? Then along comes a refreshing little manual called "On the Jury Trial: Principles and Practices for Effective Advocacy," by Thomas Melsheimer and Judge Craig Smith, says U.S. District Judge Virginia Kendall of the Northe... (continued)

  • The Software Implementation Project Failed — Now What?

    David Shapiro

    The implementation of a new software system is expensive and time-consuming, and in an alarming number of cases it does not go well. If a company has concluded that a software project has failed, it has various options, but all are based on one unshakable fact: Software implementation failures are incredibly expensive to remediate, says David Shapiro of the Shapiro Litigation Group.

  • Florida Waiver Ruling Reinforces Substance Over Form

    Tirzah Lollar

    A Florida federal court's recent ruling that Morgan Lewis & Bockius LLP had waived work-product protection over witness interview notes compiled during an internal investigation of client General Cable Corp. eliminates — as other courts have — the distinction between providing an oral summary to the government and providing similar information in written form, say Tirzah Lollar and Kristen Eddy of Vinson & Elkins LLP.