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Corporate

  • August 8, 2018

    Insys To Pay $150M To End DOJ Scrutiny Of Opioid-Rx Bribes

    Opioid manufacturer Insys Therapeutics Inc. has agreed to pay at least $150 million for the U.S. Department of Justice to drop its criminal investigation and civil claims that the company bribed doctors to prescribe its under-the-tongue fentanyl spray, the company announced Wednesday.

  • August 7, 2018

    Cloud Computing Co. To Pay SEC $1.9M Over Revenue Flubs

    The U.S. Securities and Exchange Commission announced Tuesday that cloud computing company Ribbon Communications Inc. has agreed to pay nearly $2 million to resolve claims its former chief financial officer made misleading statements about its estimated revenue in 2015.

  • August 7, 2018

    Redstone Video Triggers New Battle In CBS Chancery Suit

    Elderly media figure Sumner Redstone landed back in the middle of a National Amusements Inc. battle to retain control over his empire Tuesday, with a motion in Delaware’s Chancery Court to strike an unauthorized video of the ailing former CEO from a CBS Corp. lawsuit.

  • August 7, 2018

    The Firms Filing The Most Copyright Suits In Q2

    When illegal downloading lawsuits are excluded, the list of law firms filing the most copyright suits over the past quarter was topped by small specialty firms that sue over photography and fabric patterns.

  • August 7, 2018

    HP’s Bid To Sanction Oracle In IP Row ‘Overkill,’ Judge Says

    The California federal judge overseeing discovery in Oracle's copyright suit against Hewlett Packard rejected HP's bid to sanction Oracle for an executive's deletion of hundreds of emailed reports, saying Tuesday the reports were available elsewhere and calling Hewlett Packard's request “extremely overkill.”

  • August 7, 2018

    Fiat Chrysler Must Face Age Bias Suit Over Evaluation Policy

    A Michigan federal judge ruled Monday that Fiat Chrysler must face amended class claims that its employee evaluation policy disparately affected workers aged 55 and older, saying most of the allegations sufficiently linked the policy to older workers being denied promotions and bonuses, put on probation or fired.

  • August 7, 2018

    Newspaper Suit Says Ex-Reporter's Twitter Is Trade Secret

    The parent company of two Virginia newspapers sued a former reporter for trade secrets theft after he joined a rival publication but refused to turn over control of his widely followed Twitter account, which the holding company says it created.

  • August 7, 2018

    Dollar General Loses Appeal Of Diabetic Worker’s Bias Verdict

    The Sixth Circuit on Tuesday upheld a $277,000 verdict obtained by the U.S. Equal Employment Opportunity Commission and a diabetic former Dollar General cashier who was fired after drinking orange juice at her register during a medical emergency before she paid for it.

  • August 7, 2018

    Axed Marriott Workers Get Cert. Over COBRA Notification

    A Florida federal judge on Tuesday certified a class of former Marriott International Inc. workers suing over allegedly deficient notices about their rights to continued health care coverage under the COBRA act, ruling that they all suffered the same potential injury.

  • August 7, 2018

    Trump Readies More Tariffs On $16B In Chinese Goods

    The Trump administration on Tuesday finalized the list of Chinese products totaling about $16 billion that will soon face a 25 percent tariff in the steadily escalating fight over Beijing's intellectual property policies, targeting Chinese plastics, metals, transportation equipment and more.

  • August 7, 2018

    5 Ways CFIUS Will Change With New Law

    A bill aimed at overhauling the Committee on Foreign Investment in the United States is close to becoming a law, meaning vast changes are on the horizon for the interagency committee and its process for examining foreign direct investment for national security threats. Here, Law360 outlines five ways the proposed legislation would alter CFIUS.

  • August 7, 2018

    Law Firms Lead Way In Email Spoofing Defense, Report Says

    A new study released Tuesday says law firms are leading the way among private industries when it comes to implementing a form of email security that guards against a popular tactic used in phishing attacks to disguise the origin of a message.

  • August 6, 2018

    2nd Circ. Nixes $371M Antitrust Suit Against Time, Hearst

    The Second Circuit rejected a defunct magazine wholesaler’s attempt to revive its $371 million antitrust suit against magazine publishers including Time and Hearst, finding in a decision made public Monday that there was insufficient evidence that the publishers conspired to put it out of business.

  • August 6, 2018

    Feds, Biotech CEO Spar Over If Lies Were Crimes Or Flubs

    Prosecutors asked a Manhattan federal jury on Monday to find former biotech executive Patrick Muraca guilty on charges of fraud and deception, saying he used over $100,000 of investor funds for personal outlays and was dishonest in his communications with them and the FBI.

  • August 6, 2018

    ZwillGen Nabs Oath Atty To Aid Cos. With Gov't Data Demands

    ZwillGen has picked up an attorney with more than a decade of experience handling law enforcement and security matters both in the government and in-house at Oath and its predecessor Yahoo to help lead ZG Subpoena Solutions, which assists companies in navigating third-party requests for their data. 

  • August 6, 2018

    Disney, Viacom Push To Dismiss Kid Data Scrape Suit

    Disney, Viacom and other companies asked a California federal court to toss proposed class actions accusing them of surreptitiously gathering kids’ personal information while they play mobile games and selling it to advertisers, saying the parents leading the suits haven’t shown any data was improperly collected or used.

  • August 6, 2018

    Administrative Law Judges Validly Appointed, NLRB Says

    The National Labor Relations Board ruled Monday that it has properly appointed its administrative law judges, rejecting a graphics printing company’s challenge to the validity of the administrative judge overseeing an unfair labor practice case against it.  

  • August 6, 2018

    Shuffle Tech CEO Not A 'Liar-Loser' But A Victim, Jury Told

    Shuffle Tech LLC’s counsel urged a federal jury Monday not to buy into the idea that its CEO is a “loser and a liar” when it comes to his company, saying he is actually a victim and Scientific Games Corp.'s characterization was “just the arrogance of a monopolist and their attorneys.”

  • August 6, 2018

    Judge Got AT&T-Time Warner Case Wrong, DC Circ. Told

    The U.S. Department of Justice told the D.C. Circuit on Monday that a lower court ignored a fundamental economic model and basic corporate principles when it rejected the agency's effort to block AT&T's now-completed $85.4 billion purchase of Time Warner.

  • August 6, 2018

    NASCAR CEO Put On Leave After DWI, Drug Arrest

    NASCAR said Monday that its CEO and chairman Brian France has taken an "indefinite leave of absence" after he was arrested in New York state over the weekend and charged with driving while intoxicated and possession of a controlled substance, oxycodone.

Expert Analysis

  • Altera Reversal Is A Transfer Pricing And APA Win For IRS

    David Fischer

    Last week’s Ninth Circuit decision in Altera Corp. v. Commissioner of Internal Revenue has important implications for both the future of transfer pricing and the Administrative Procedure Act. Already under intense discussion, the decision may pave the way for the U.S. Supreme Court to reconsider Chevron deference, say attorneys at Crowell & Moring LLP.

  • NY Commercial Division Backs Technology-Assisted Review

    Elizabeth Sacksteder

    Neither the Federal Rules of Civil Procedure nor most state procedure codes expressly address whether, in what circumstances, or how a party may use technology-assisted review to fulfill its disclosure obligations. A new rule introduced last week by the Commercial Division of the New York Supreme Court aims to fill that gap, say Elizabeth Sacksteder and Ross Gotler of Paul Weiss Rifkind Wharton & Garrison LLP.

  • 6 Trends Will Shape Future International Commercial Disputes

    Cedric Chao

    The world of international litigation and arbitration tends to move slowly — however, I expect the pace of change to accelerate in the coming decade as six trends take hold, says Cedric Chao, U.S. head of DLA Piper's international arbitration practice.

  • Considerations When Purchasing Tax Receivable Agreements

    Adam Greenwood

    One consequence of last year’s tax reform has been a substantial increase in investor interest in acquiring tax receivable agreement payment rights, particularly by hedge funds, family offices and special purpose private investment funds. Though terms and companies will vary, there are certain features that an investor should always analyze prior to acquiring rights under a TRA, say attorneys at Ropes & Gray LLP.

  • How Tax Reform 2.0 Might Affect Social Enterprise

    Allen Bromberger

    The framework for new federal legislation dubbed “Tax Reform 2.0,” released earlier this week, would make permanent individual and small business tax cuts enacted last year, encourage Americans to save for retirement, and promote business startups. If passed, the legislation also could affect strategies used by nonprofit or for-profit legal entities to address social problems, says Alan Bromberger of Perlman & Perlman LLP.

  • 4 Reasons To Review Payer Contracts On A Regular Basis

    Keith Anderson

    In a time of increased mergers and acquisitions, a health care provider's failure to revisit its payer contracts portfolio can have profound consequences on revenue stream. Keith Anderson of FTI Consulting Inc. discusses why consistent review of all contracts is essential.

  • The Future Of Authenticating Audio And Video Evidence

    Jonathan Mraunac

    The recent emergence of artificial intelligence-based technology has prompted serious concerns about the future integrity of recordings. Attorneys must think critically about standards for authenticating audio and video evidence as well as legislative and regulatory safeguards to discourage pervasive manipulation and forgery, says Jonathan Mraunac of Ogletree Deakins Nash Smoak & Stewart PC.

  • Protecting Client Reputations In An Online World

    Jim Wagstaffe

    There’s no doubt we live in a world in which the internet has the potential to amplify defamatory communications. As a result, lawyers are increasingly playing a counseling and litigation role in protecting clients from the posting of negative information and reviews, says Jim Wagstaffe of The Wagstaffe Group.

  • FCPA Liability For Hiring Practices Gains New Credence

    Bruce Searby

    The U.S. Department of Justice and the U.S. Securities and Exchange Commission have stood by an expansive theory of anti-bribery liability under the Foreign Corrupt Practices Act for corrupt hiring schemes. After the recent Credit Suisse resolutions, the theory appears to be here to stay, says Bruce Searby, a partner at Searby LLP and a former federal prosecutor.

  • Opinion

    A Clever Scheme To Protect Invalid Patents Has Failed

    John Thorne

    The Federal Circuit's decision in St. Regis v. Mylan rejected tribal sovereign immunity as a defense against the U.S. Patent and Trademark Office's inter partes review process. Had the court ruled in favor of St. Regis, every holder of questionable U.S. patents would be rushing to Native American tribes, seeking deals to shelter possibly bogus rights, says John Thorne of the High Tech Inventors Alliance.