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  • October 11, 2018

    Sonic Customers Strike $4.3M Deal In Data Breach MDL

    Sonic Drive-In customers in multidistrict litigation over the national fast food restaurant chain's 2017 credit card data breach have asked an Ohio federal judge to approve a $4.3 million settlement.

  • October 11, 2018

    HTC Told To Reveal Google Transaction Records To Ericsson

    HTC must hand over records of a Google transaction in its lawsuit accusing Ericsson of overcharging for aging standard-essential patents, after a judge said the information may aid Ericsson's counterclaims accusing the Taiwanese smartphone maker of offering unfair licensing rates.

  • October 11, 2018

    Smart Contacts, Cyberattacks Are New Norm, Experts Say

    DocuSign’s chief legal officer and Visa Inc.'s vice president of global risk told attorneys at DLA Piper’s technology conference in Silicon Valley on Wednesday that so-called smart contracts capable of electronically processing contractual steps will soon be commonplace, while security experts warned that cyberattacks are a new norm.

  • October 11, 2018

    Walmart To Pay $65M To End Cashiers' Seating Suit

    Walmart Inc. has agreed to pay $65 million to end a long-running class action over its allegedly not giving cashiers seats, according to a motion on Wednesday asking a California federal judge to approve a deal that might rank as the largest ever settlement struck under the state's Private Attorneys General Act.

  • October 11, 2018

    When Working From Home Can Work For In-House Counsel

    As some corporate legal departments loosen their requirements on in-house counsel working from home, general counsel and other lawyers may wonder what needs to be in place to ensure flexible hours and work stations don’t cause headaches for themselves and their colleagues. Here, Law360 looks at three key components a law department should consider to craft a policy that works for everyone.

  • October 10, 2018

    Monsanto Nears $250M Slash Of Landmark Roundup Verdict

    A California judge seemed poised Wednesday to throw out a jury's $250 million award for punitive damages against Monsanto, finding in a tentative ruling that the plaintiff — a groundskeeper who alleged Roundup weedkiller caused his lymphoma — hadn't proved any malicious intent by the agrochemical giant.

  • October 10, 2018

    Federal Privacy Law Shouldn't Lower The Bar, Senators Told

    Consumer advocates hit back at calls from tech giants such as Google and Apple asking for federal lawmakers to enact a uniform national privacy law that wipes out more stringent state rules, telling a seemingly receptive Senate committee on Wednesday that recent legislative efforts in the European Union and California should be viewed as models and not disregarded.

  • October 10, 2018

    4 Tips For NY Employers Navigating New Sex Harassment Law

    New York state's new standards for how businesses should structure anti-sexual harassment policies and conduct newly mandated training sessions took effect on Tuesday, leaving employers in the Empire state with a fresh batch of potential compliance headaches. Here, experts share four tips for employers to make sure their practices comport with New York’s new rules.

  • October 10, 2018

    US Arrests Chinese Spy For Bid To Steal GE Aviation Tech

    A member of China's intelligence agency has been extradited to the U.S. to face charges of attempting to gather trade secrets from jet engine manufacturer GE Aviation, federal prosecutors announced Wednesday.

  • October 10, 2018

    AIA Claim Construction Change To Spur Revamped Strategies

    The U.S. Patent and Trademark Office said Wednesday that America Invents Act reviews will start using the same claim construction standard as district courts beginning Nov. 13, and while the change will not usually result in different outcomes in the reviews, it will reshape strategy for litigants, attorneys say.

  • October 10, 2018

    2nd Circ. Raises Tough Questions About FLSA Settlements

    Three Second Circuit judges asked tough questions at arguments Wednesday over a court’s ability to approve or reject certain Fair Labor Standards Act settlements, suggesting they saw merit in both sides and leaving the future of a procedural workaround uncertain.

  • October 10, 2018

    Trump Crackdown May Cool Tech Deals, Sophos GC Says

    Security software company Sophos Group PLC’s general counsel on Wednesday warned attorneys at DLA Piper’s technology conference in Silicon Valley of the impacts of new Trump-era rules governing international tech transactions, saying completing those deals may take longer, be more costly and might not happen.

  • October 10, 2018

    Justices Urged To Mull Repeat Patent Challenges Under AIA

    A patent owner asked the U.S. Supreme Court on Tuesday to examine the “multiple proceedings rule” for challenges to a patent’s validity, arguing the Patent Trial and Appeal Board has been inconsistent in how it applies the rule in America Invents Act reviews.

  • October 10, 2018

    DC May Adopt Wayfair Legislation On Emergency Basis

    The District of Columbia may adopt remote seller legislation on an emergency basis to have online and other remote retailers collect and remit sales and use tax to the jurisdiction by Jan. 1, the chairman of a district council committee said Wednesday.

  • October 10, 2018

    Smaller Firms Must Prepare For Cyberattacks, Too

    All law firms are targets for cybercriminals, but while the larger legal players have implemented measures to protect their data, small and midsize firms are less likely to devote the necessary time and resources to doing so, according to a report released Wednesday.

  • October 10, 2018

    BofA Workers Want Approval Of $11M Mileage Expense Deal

    About 1,900 Bank of America NA workers have asked a California federal judge to give preliminary approval to an $11 million deal settling claims that the bank failed to reimburse loan officers for use of their personal vehicles, saying the deal balanced the risk of going to trial given the lack of mileage records.

  • October 10, 2018

    American Airlines Workers Push For Class Cert. In ERISA Row

    Participants in an American Airlines retirement plan on Tuesday responded to a Texas federal judge’s concerns about their bid to certify a class of more than 20,000 members, saying that their Employee Retirement Income Security Act suit simply seeks to recover plan losses that resulted from the carrier’s alleged fiduciary breaches.  

  • October 9, 2018

    Disney Wants 11th Circ. To Rehear Autism Accessibility Row

    Walt Disney Parks and Resorts filed for a rehearing en banc of the Eleventh Circuit's revival of suits alleging the theme park fails to properly provide access to guests with autism, saying on Tuesday that the panel applied an erroneous legal standard as to when an accommodation is "necessary" under the Americans with Disabilities Act.

  • October 9, 2018

    Google Appeals €4.3B EU Fine In Android Antitrust Case

    Google Inc. said Tuesday that it has appealed a record €4.34 billion ($5.04 billion) fine the European Union’s antitrust enforcer doled out in July for abusing the dominance of its Android mobile phone operating system, just before its mid-October compliance deadline.

  • October 9, 2018

    State AG Wants More Info From Facebook About Data Breach

    North Carolina's attorney general is pressing Facebook for more information about a recent data breach that enabled hackers to gain access to nearly 50 million user accounts, claiming that the social media giant has so far failed to fully disclose several "pertinent facts" or to assure users that they are not "trading away their privacy" when they create an account. 

Expert Analysis

  • 5.5 Ways To Remove GILTI From Your State Tax Base

    Zal Kumar

    In many states, the lack of specific guidance addressing the inclusion of global intangible low-taxed income, or GILTI, is causing concern that GILTI will be includible in the state tax base. Attorneys from Mayer Brown LLP highlight several possible avenues for removing GILTI from the state tax base.

  • Classification Confusion For Transportation Cos. At 9th Circ.

    Bradford Hughes

    Following the Ninth Circuit's recent decision in California Trucking Association v. Su, transportation companies across California are left wondering what standard will be applied to determine whether an independent contractor is an employee, says Bradford Hughes of Clark Hill PLC.

  • Questions Remain After OIG Releases Fraud Risk Indicator

    Howard Young

    The U.S. Department of Health and Human Services Office of Inspector General recently announced a new initiative designed to increase transparency for health care organizations and their lawyers. However, it's unclear whether it will change the settlement dynamics when resolving False Claims Act allegations, say attorneys with Morgan Lewis & Bockius LLP and Bass Berry & Sims PLC.

  • Musk Case Signals New Era Of SEC Internet Enforcement

    John Reed Stark

    The U.S. Securities and Exchange Commission's complaint last week against Elon Musk and the settlement that followed seems like an obvious, routine and easy win for the government. But there is a lot more to the Tesla tweet debacle than meets the eye, says John Reed Stark of John Reed Stark Consulting LLC.

  • The Ins And Outs Of ERISA Fiduciary Insurance

    Excerpt from Lexis Practice Advisor
    José Jara

    Fiduciary liability insurance is an important but often overlooked aspect of a company’s risk management plan. José Jara of CKR Law reviews how it can be used to protect fiduciaries when governing or providing services for employee benefit plans subject to the Employee Retirement Income Security Act.

  • SEC Case Brings Rarely Used Cyber Rules Into Limelight

    Erica Williams

    The U.S. Securities and Exchange Commission's settlement this week with Voya Financial Advisors represents the first SEC action involving the Identity Theft Red Flags Rule and only its third action involving the Safeguards Rule. The case provides a critical data point in evaluating how the SEC plans to enforce these two rules going forward, say Erica Williams and Sunil Shenoi of Kirkland & Ellis LLP.

  • Navigating Tax Risks In Shareholder-Executive Compensation

    Natasha Perssico Escobedo

    In recent years, the Internal Revenue Service has focused on tax compliance for compensation paid to executives who are shareholders in business enterprises. Natasha Perssico Escobedo of Epstein + Nach LLC reviews some of the common pitfalls that companies and their legal counsel may experience in disputes with the IRS.

  • Inside New Staff Requirements Under French Employment Law

    Julien Haure

    Companies implemented in France, even when owned by foreign investors, are now obligated to hold organized elections for the creation of a new staff representative body, referred to as the Social and Economic Council. Failure to do so is deemed a criminal offense, says Julien Haure and Marine Hamon of Mayer Brown LLP.

  • How Corporate Reputation Risk Is Exacerbating D&O Liability

    Nir Kossovsky

    At a time when the materiality of corporate reputation risk is widely recognized, but institutional safeguards against that risk are not, what are the implications for directors and officers? The current state of play is not comforting, says Nir Kossovsky of Steel City Re.

  • US' Secondary China Sanctions Signal New Risks For Cos.

    Ama Adams

    Last week, the U.S. government imposed broad sanctions on a component of the Chinese military — the first time that the U.S. has exercised its authority to impose secondary sanctions against non-U.S. parties for transactions occurring outside of the United States. This signals an era of expanded risks for U.S. and non-U.S. companies alike, say attorneys at Ropes & Gray LLP.