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Corporate

  • October 30, 2018

    Playa Hotels Taps In-House Counsel As New GC

    Playa Hotels & Resorts NV, which owns and operates all-inclusive resort brands such as Hyatt, Hilton, Jewel Resorts and Panama Jack Resorts in Mexico and the Caribbean, has appointed an in-house lawyer to fill the general counsel role, according to a Tuesday press release.

  • October 30, 2018

    Barnes & Noble Details Ex-CEO's Alleged Harassment

    Barnes & Noble Inc. fired back against its ousted chief executive who has been accused of sexual misconduct against an employee, matching his breach of contract and defamation claims with breach of fiduciary duty counterclaims alleging he torpedoed a potential acquisition of the company.

  • October 30, 2018

    9th Circ. Won't Rethink Expanded Autodialer Definition

    The Ninth Circuit refused Tuesday to reconsider its decision to use an expanded definition of "autodialer" to revive a putative class action accusing gym chain Crunch San Diego LLC of spamming members' cellphones with text messages.

  • October 30, 2018

    Genentech Sues Over Stolen Secrets; 4 Ex-Workers Indicted

    A former top scientist for San Francisco-based Genentech Inc. and three of her former co-workers have been charged in California federal court with stealing medical formulas and other trade secrets for Taiwanese rival JHL Biotech Inc., which was simultaneously slapped with a sprawling civil suit accusing it of stealing the know-how to make cheaper alternatives for cancer, lymphoma and cystic fibrosis treatments.

  • October 30, 2018

    Internet Cos. Flag Foreign Trade Barriers For USTR Report

    A trade association of internet companies, including Facebook, Google and Airbnb, has accused the European Union, China and a slew of other nations of constructing unfair trade barriers against U.S. companies, such as curbing the flow of data and imposing copyright restrictions, according to a filing submitted to the Office of the U.S. Trade Representative.

  • October 30, 2018

    Ex-Valeant Exec, Pharmacy CEO Get Year For Kickback Fraud

    A former Valeant Pharmaceuticals International Inc. executive and the ex-CEO of mail-order pharmacy Philidor Rx Services LLC were each sentenced Tuesday to a year and a day in prison for orchestrating a $9.7 million kickback scheme tied to a potential acquisition deal.

  • October 30, 2018

    GE Says Power Business Is A Focus Of DOJ, SEC Probes

    General Electric Co. said Tuesday the U.S. Department of Justice and U.S. Securities and Exchange Commission are investigating a $22 billion charge related to its power business as part of broader inquiries into its accounting practices.

  • October 30, 2018

    The Hurdles That Could Trip Up IBM's $34B Red Hat Deal

    IBM's acquisition of open-source software developer Red Hat is set to create a global powerhouse provider of cloud services, but the companies still have to persuade regulators that the merger will not stifle competition or lead to data protection breaches and convince shareholders the deal is fair.

  • October 30, 2018

    DOL Looks To Nix Challenge To Injury Reporting Freeze

    The U.S. Department of Labor asked a Washington, D.C., federal court on Monday to toss a suit challenging its decision to not collect detailed electronic workplace injury and illness data from businesses as per an Obama-era rule that is being reconsidered, saying it rightfully rightfully eschewed the data because of privacy concerns.

  • October 30, 2018

    Chancery Suit Slams Murdochs’ $83M Disney Merger Windfall

    Terming the awards “preposterous,” Twenty-First Century Fox Inc. stockholders opened a Delaware Chancery Court class damage suit Monday targeting nearly $83 million in retention bonuses for controlling investor Rupert Murdoch and his sons as part of Fox’s planned $71.3 billion merger with Walt Disney Company.

  • October 30, 2018

    NLRB Extends Comment Deadline For Joint Employer Rule

    The National Labor Relations Board on Tuesday pushed back the deadline for public feedback on its proposed rule for analyzing whether two businesses jointly employ workers, a closely watched regulation that proposes to roll back the test set in the board's controversial 2015 Browning-Ferris Industries decision.

  • October 30, 2018

    Chinese Regulators Vow Support To Ease Market Fears

    Chinese securities regulators pledged to accelerate reforms aimed at boosting confidence in its capital markets on Tuesday, including measures that the watchdog says will ease market liquidity, encourage long-term investment and improve the quality of listed companies through better disclosure.

  • October 30, 2018

    Fed. Circ. Reboots Chuck Taylor Trademark Case

    The Federal Circuit on Tuesday revived Converse Inc.’s long-running trademark case against Skechers and others over the Chuck Taylor sneaker, tossing out a ruling that the company lacked a valid registration for the famous shoe.

  • October 29, 2018

    Canadian Privacy Chief Offers Guidance On New Breach Rule

    Canada's privacy commissioner on Monday released long-awaited guidance on how companies can meet their reporting and record-keeping obligations under a federal breach-notification regime set to take effect later this week, although the regulator continued to express frustrations with the "limited resources" his office currently has to enforce the new law. 

  • October 29, 2018

    New AIA Plan May Be A Tough Path To Patent Amendments

    The U.S. Patent and Trademark Office’s proposal to change the system of seeking patent amendments in America Invents Act reviews could give patentees better odds of success, but it is based on an accelerated time frame that may prove daunting for parties and the office, attorneys say.

  • October 29, 2018

    Ex-KPMG Partner Pleads Guilty In Audit Watchdog Fraud Case

    A former KPMG partner on Monday copped to his role in an alleged scheme to funnel inside information about the Public Company Accounting Oversight Board's plans to inspect particular audits to top KPMG accountants.

  • October 29, 2018

    Justices Weigh Bar For Class Arbitration Lingo In Contracts

    The U.S. Supreme Court appeared willing to rule that arbitration agreements must explicitly call for class arbitration for parties to use that process in a case involving lighting retailer Lamps Plus Inc. and a worker who accused it of carelessly handling workers’ tax information ahead of a phishing attack.  

  • October 29, 2018

    Google Defeats Publisher's AdSense Contract Suit

    A California federal judge dismissed a suit claiming that Google defrauded and broke a contract with a website publisher by removing it from the search giant’s AdSense program, finding the underlying causes of action were time-barred. 

  • October 29, 2018

    NLRB OKs Employers Challenging Unions Before CBAs Start

    Employers can challenge whether unions still have majority support from the bargaining units they represent during the time period between when a collective bargaining agreement is struck and the day it takes effect, a divided National Labor Relations Board ruled Friday.

  • October 29, 2018

    Justices Look For Arbitration 'Outs' In Antitrust Appeal

    The U.S. Supreme Court’s liberal minority dominated oral arguments Monday morning as they searched for possible off-ramps to arbitration proceedings like the one nixed by the Fifth Circuit after several dental equipment companies used a contractual clause to force a distributor's antitrust case to arbitration.

Expert Analysis

  • CFIUS Pilot Program: Immediate Investment Implications

    Ama Adams

    The Committee on Foreign Investment in the United States has announced a pilot program to review noncontrolling foreign investments in certain U.S. industries that were formerly outside the scope of its jurisdiction. This is a rapid assertion of CFIUS' new powers under the Foreign Investment Risk Review Modernization Act, say attorneys with Ropes & Gray LLP.

  • Tax Evasion Knows No Borders

    Kim Marie Boylan

    The former CEO of a U.K. bank recently pled guilty to charges under the Foreign Account Tax Compliance Act, following a U.S. Department of Justice sting operation spanning several countries. The conviction sends a clear message that U.S. authorities will prosecute not only U.S. account holders, but those who facilitate tax evasion, whatever their nationality, say attorneys at White & Case LLP.

  • Sweeping Business Tax Changes Continue In New Jersey

    David Gutowski

    As part of Gov. Phil Murphy’s efforts to “modernize” business taxes, New Jersey recently enacted significant changes to its corporation business tax — furthered by a bill the governor signed on Oct. 4. Meant to provide only "technical corrections," the bill includes even more substantive tax changes, say attorneys from Reed Smith LLP.

  • Opinion

    The ABA Was Dead Wrong About Model Rule 8.4(g)

    Bradley Abramson

    In the two years since the American Bar Association's controversial anti-discrimination and harassment rule, only one state has adopted it, while numerous state supreme courts, state attorneys general and legal groups have correctly rejected Model Rule 8.4(g) as a threat to lawyers' First Amendment rights, says Bradley Abramson, an attorney with Alliance Defending Freedom.

  • When A Blog Post Leads To Antitrust Liability

    Daixi Xu

    It is not uncommon for companies to issue statements about pending litigation. But a California federal court's recent decision in Arista v. Cisco shows that, in some circumstances, such statements could be seen as part of an anti-competitive scheme, say Daixi Xu and Julie Shepard of Jenner & Block LLP.

  • Opinion

    The Supreme Court Should Become Boring

    Alexander Klein

    In the aftermath of Justice Brett Kavanaugh's confirmation, the U.S. Supreme Court should decline review of the nation's most polarizing political questions unless and until the questions become time-sensitive, says Alexander Klein, head of the commercial litigation group at Barket Epstein Kearon Aldea & LoTurco LLP.

  • Q&A

    Back To School: BC's Kent Greenfield Talks Corporate Law

    Kent Greenfield

    In this series featuring law school luminaries, Boston College Law School professor Kent Greenfield reflects on his corporate law theories, his legal battle with the Pentagon over free speech and gay rights, and important constitutional law issues to watch out for.

  • Investment Firms, Beware Changing Compliance Goal Posts

    Bart Schwartz

    Private equity and hedge funds are under greater compliance scrutiny and, as a result, increased regulatory and legal exposure. The responsibilities of board members are not limited to investment performance monitoring — regulators are moving up the corporate ladder to identify wrongdoing, says Bart Schwartz of Guidepost Solutions LLC.

  • The Rise In ESG Investing — And What Boards Can Do

    Peter Atkins

    Public companies are being bombarded with messages, requests and demands around environmental, social and governance matters. At least for companies incorporated in states such as Delaware, directors should consider whether there is a nexus between ESG issues and the pursuit of shareholder welfare, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • How FIRRMA Changes The Game For Tech Cos. And Investors

    Steven Croley

    The Foreign Investment Risk Review Modernization Act, signed into law in August, will significantly alter how the Committee on Foreign Investment in the United States conducts its work. Emerging technology companies, and their prospective investors, must be mindful of whether investments are now subject to CFIUS jurisdiction, say attorneys at Latham & Watkins LLP.