• February 12, 2018

    5 New NLRB Advice Memos Labor Attys Should See

    The National Labor Relations Board’s general counsel released a spate of advice memorandums Sunday offering opinions on various gray areas of federal labor law, including an entry finding that a Teamsters local had illegally set up a secret Facebook group to trash a member opposed to its bargaining strategy.

  • February 12, 2018

    Ex-Nomura Trader Can't Ditch SEC Fraud Suit, Judge Rules

    A former head trader at Nomura must face a U.S. Securities and Exchange Commission suit accusing him of lying to customers about the prices he’d paid for commercial mortgage-backed securities he was reselling, a New York federal judge ruled Monday.

  • February 12, 2018

    US Antitrust Enforcers Look To Keep Budgets, Staff Level

    The U.S. Department of Justice's Antitrust Division and the Federal Trade Commission on Monday asked for their budgets to remain mostly level in fiscal year 2019 and called for staffing levels to stay the same as well.

  • February 12, 2018

    UnitedHealth Can't End DOJ Suit In Big FCA Battle

    A California federal judge on Monday preserved a U.S. Department of Justice lawsuit accusing UnitedHealth Group Inc. of exaggerating patient illnesses in Medicare Advantage, handing the government a crucial win in a new realm of False Claims Act litigation.

  • February 12, 2018

    3 Takeaways From NY's Legal Broadside Against Weinstein

    A civil rights suit filed Sunday against Harvey Weinstein and the production company he co-founded by New York state Attorney General Eric Schneiderman offers shocking new details about the disgraced movie executive’s alleged mistreatment of female employees and threatens to torpedo the company’s rumored $500 million sale.

  • February 12, 2018

    Ex-Siemens Exec Claims He Was Ousted For Extortion Report

    A former executive at a Siemens AG financial firm claimed in a lawsuit transferred on Monday to Massachusetts federal court that his bosses pushed him out after he relayed a potential client’s concern about “an incident of extortion.”

  • February 12, 2018

    AGs Back Ban On Sex Harassment Arbitration Clauses

    Attorneys general in all 50 states, the District of Columbia and several U.S. territories told Congress on Monday that it’s time to prohibit employers from keeping claims of sexual harassment hush-hush with forced arbitration.

  • February 12, 2018

    After Lesson In Procedure, Fed. Circ. May Mop Up AIA Issues

    The Federal Circuit gave patent lawyers a primer on a law governing administrative procedures in 2017, but issues surrounding the interpretation of another law, the America Invents Act, are expected to take center stage in the coming months in appeals involving decisions from the Patent Trial and Appeal Board.

  • February 12, 2018

    Retail Federation Adds Expert To Lead Cybersecurity Efforts

    The National Retail Federation said Friday that a cybersecurity expert and former U.S. Senate homeland security adviser with years of experience in the field will head its cybersecurity program.

  • February 12, 2018

    SEC Seeks Budget Hike To Boost Cybersecurity, Add Staff

    The U.S. Securities and Exchange Commission on Monday requested a $1.66 billion budget for fiscal 2019 that contains a 3.5 percent spending increase after three years of flat budgets, hoping to spend more money on cybersecurity and restore positions lost to hiring freezes.

  • February 12, 2018

    Proposed Trump Budget Would Slice DOL Funding By $2.6B

    The U.S. Department of Labor’s funding would be cut by $2.6 billion to about $9.4 billion under a 2019 budget proposal unveiled Monday by the Trump administration, but the proposal included support for investments in Trump administration priorities like apprenticeship programs and employer compliance programs.

  • February 12, 2018

    Lenders Pledge $100B As Broadcom Tries To Woo Qualcomm

    A group of 12 lenders that includes private equity firms and banks has agreed to commit up to $100 billion in total financing for Broadcom Ltd.’s proposed acquisition of Qualcomm Inc., even though the California chipmaker rejected a Broadcom takeover offer last week, Broadcom said Monday.

  • February 12, 2018

    15 Minutes With The General Counsel Of PNC Bank

    Gregory B. Jordan joined the world of in-house at PNC following a nearly 30-year career at Reed Smith LLP. He spoke with Law360 about the changing legal industry, what convinced him to go in-house and the biggest regulatory issues his organization is grappling with.

  • February 9, 2018

    Waymo Settlement With Uber Ends Wild Ride

    Waymo and Uber reached a settlement Friday to end their blockbuster trade secrets fight over self-driving car technology, capping off a year of contentious discovery disputes, shocking revelations and numerous delays. Here's a play-by-play of how we got here.

  • February 9, 2018

    DOJ's No-Poach Stance Attaches Big Risk To Nuanced Issue

    Looming criminal prosecutions from the U.S. Department of Justice's Antitrust Division targeting employment issues, including agreements by companies not to hire each other's workers, show that the area is a serious concern for the new administration, meaning companies need to be on notice about the heightened risks associated with criminal charges and where to look for problems.

  • February 9, 2018

    TSCA Rule Would Help Fund Broader EPA Chemical Program

    The U.S. Environmental Protection Agency’s proposed new fee structure for its Toxic Substances Control Act program would bring much-needed revenue to an agency facing dramatically increased responsibilities under recent amendments to the law, although environmentalists say companies would get off easy.

  • February 9, 2018

    GrubHub Win Doesn't Settle Debate Over Gig Workers' Status

    A first-of-its-kind ruling holding that a former Grubhub delivery driver was an independent contractor rather than an employee was a victory for gig economy employers who hope the decision bodes well for their chances of defeating similar lawsuits, but experts say businesses shouldn't get too excited.

  • February 9, 2018

    Sen. Murray Asks Trade Groups For Sex Harassment Data

    U.S. Sen. Patty Murray, D-Wash., on Friday called on a dozen top business groups, including the U.S. Chamber of Commerce and the National Association of Manufacturers, to turn over information about the way their industries and members handle sexual harassment allegations.

  • February 9, 2018

    Apple, Cisco Venture Could Fuel Cyberinsurance Market Surge

    Apple and Cisco recently announced they are teaming with two insurers to offer discounted cyberinsurance policies for companies that use the tech giants' products to help guard against digital threats, a partnership that experts say could spur the sale of cyber coverage among reluctant businesses scared off by high premiums and daunting deductibles.

  • 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.

Expert Analysis

  • 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.

  • Deals And Due Diligence In The #MeToo Era

    Stephen Amdur

    The #MeToo movement has created a new and unfamiliar category of risk for potential investors in or acquirers of businesses that are heavily reliant on a small number of key individuals, the retention of top talent and public goodwill. A cautious buyer, however, can take a number of steps to mitigate these risks, say attorneys with Pillsbury Winthrop Shaw Pittman LLP.

  • Kaepernick's Suit Against NFL: An Academic Exercise?

    Drew Sherman

    Because it is difficult to prove collusion, Colin Kaepernick's recent grievance against the NFL and its teams is being discussed, in some legal circles, as an academic exercise intended to cause change on a greater scale above and beyond the remedies personally available to him, says Drew Sherman of ADLI Law Group.