Corporate

  • 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.

  • May 9, 2018

    How Chief Risk Officers Can Help Firms Adhere To The GDPR

    As law firms increasingly operate as businesses, they face a wide range of risks and a demanding regulatory environment, and the fast-approaching European Union data protection regime is one component of the evolving landscape affecting those organizations. Here's why some law firms have hired a chief risk officer to adhere to this upcoming regulation.

  • May 9, 2018

    Verizon Exits Fight Against Proposed Calif. Privacy Law

    Verizon has become the second major company to bow out of a fight challenging a California ballot proposal that would let consumers know what types of information companies are collecting, sharing and selling on them, saying it will turn its attention from state-level fights to nationwide policy efforts.

  • May 8, 2018

    Wendy's Strikes Deal In Data Breach Shareholder Row

    The Wendy’s Co. and its directors have agreed to end a shareholder derivative suit alleging the company’s top brass made poor security decisions ahead of a 2016 data breach, according to a proposal in Ohio federal court that lays out new policies and a $950,000 attorneys’ fees deal.

  • May 8, 2018

    Visium, Ex-CFO Settle SEC Claims Tied To Trading Scandal

    The U.S. Securities and Exchange Commission on Tuesday ordered hedge fund firm Visium Asset Management LP to pay roughly $10.1 million to settle claims tied to a high-profile alleged scheme by the firm's former portfolio managers, while Visium's former chief financial officer agreed to be barred from the securities industry for a year over claims that he failed to properly supervise those same traders.

  • May 8, 2018

    DOJ To Judge: Block AT&T-Time Warner Deal Or Carve Out Fix

    The U.S. Department of Justice urged a D.C. federal judge in a court filing Tuesday to either block AT&T’s planned purchase of Time Warner outright, or require the companies to sell Turner Broadcasting or DirecTV before moving ahead with the deal.

  • May 8, 2018

    Redbox Scoffs At Disney's Latest Bid To Stop Code Sales

    Redbox asked a California federal judge to reject Disney’s second bid to ban it from from selling digital movies at its kiosks, arguing that Disney’s after-the-fact changing of a few words in its terms does not give the media giant the right to restrict its products once they’re sold.

  • May 8, 2018

    Sen. Brown Slams Banks For Cutting Jobs, Raising Exec Pay

    Sen. Sherrod Brown, D-Ohio, sent letters to the chief executive officers of six major banks, including Bank of America and JP Morgan Chase, asking them to provide the public with detailed plans to reinvest in American workers during “this golden age of profitability,” the lawmaker said Tuesday.

  • May 8, 2018

    Female In-House Attys Earn 84 Cents For Every Dollar Men Do

    Female in-house counsel earn 84 percent of what their male counterparts earn on average, with the gender pay gap growing steeper still at the general counsel level, a report released Tuesday said.

  • May 8, 2018

    Equifax Reveals 56K IDs Stolen In Breach That Hit 146M

    Credit reporting giant Equifax on Monday revealed more details about the consumer data stolen during a breach last year that affected 146.6 million consumers in the U.S., writing in a Securities and Exchange Commission filing that the hackers lifted 56,200 government-issued IDs from its online dispute resolution portal.

  • May 8, 2018

    Jay-Z Has Date With SEC To Discuss Rocawear Sale Fallout

    Manhattan U.S. District Judge Paul G. Gardephe ordered Jay-Z on Tuesday to give testimony to the U.S. Securities and Exchange Commission in its probe of Iconix Brand Group Inc., a troubled fashion brand company that bought assets from the rapper's Rocawear clothing line for $204 million in 2007.

Expert Analysis

  • Facing The Homestretch Of GDPR Prep: Part 1

    Video

    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.

  • Cos. Must Meet Evolving Sanctions Compliance Challenges

    Michael Mann

    The U.S. Department of Treasury's Office of Foreign Assets Control has announced its intention to police a broad array of potential interactions with sanctioned parties that cannot reliably be captured through traditional due diligence. Effective sanctions compliance means proactively identifying risks that may involve entities and persons not directly party to a transaction, say Michael Mann and Jamie Schafer of Richards Kibbe & Orbe LLP. 

  • The Myth Of Corporate Tax Residence

    David Elkins

    Numerous commentators have argued that the problem behind the maladies of the current international corporate tax regime is a flawed definition of corporate residence. However, such an assumption is unwarranted as tax residence is an attribute of individuals only, inapplicable to the corporate entity, says David Elkins of Netanya College.

  • Another Post-Dudenhoeffer 'Stock Drop' Casualty

    Danielle Herring

    A Texas federal court's recent decision in Fentress v. Exxon Mobil continues a growing trend of losses for the plaintiffs bar in Employee Retirement Income Security Act “stock drop” cases, which stem from the U.S. Supreme Court’s decision in Fifth Third Bancorp v. Dudenhoeffer, say Danielle Herring and Andrew Epstein of Littler Mendelson PC.

  • Tax Overhaul Necessitates New Look At Choice Of Entity

    Sean Crowley

    An organization’s effective tax rate is one of the most important factors to consider in determining choice of entity. Managers should review in the wake of the tax overhaul, keeping in mind additional business and operational issues, say attorneys at Thompson Coburn LLP.

  • Tips For Using Protective Orders During Discovery

    Michael Errara

    A party from whom discovery is sought may move for a protective order to prevent the dissemination of confidential corporate information, but careful steps should be taken in order to ensure that the order can be entered, provides appropriate safeguards and cannot be abused, says Michael Errara of Foran Glennon Palandech Ponzi & Rudloff PC.