Corporate

  • May 8, 2018

    DC Circ. OKs NLRB Order Striking Union Resignation Rule

    The National Labor Relations Board correctly found that a union's rule requiring workers at a Michigan union hall to resign membership in person illegally restricted their rights to quit the union under the National Labor Relations Act, the D.C. Circuit said in a published opinion Tuesday.

  • May 7, 2018

    DOL Declines To Scrap Fiduciary Rule Despite Invalidation

    The U.S. Department of Labor announced on Monday that financial advisers are free to continue relying on its now-invalidated, Obama-era fiduciary rule for the time being, though they won't be penalized if they stop.

  • May 7, 2018

    Employers Scrambling To Revisit Boilerplate Drug Policies

    James Reidy, chair of Sheehan Phinney Bass & Green PA’s employment group, maintains a traditional practice that includes advising employers on wage laws and handling discrimination suits. But lately, one issue has been demanding more and more of his time: workplace drug policies.

  • May 7, 2018

    House Reintroduces Bill To Align FTC, DOJ Merger Reviews

    After a previous version stalled last year, a new bill aimed at harmonizing the Federal Trade Commission and U.S. Department of Justice’s merger review procedures has been introduced and could be debated by the full House of Representatives later this week.

  • May 7, 2018

    NLRB Chair's 1st Ruling Sides With Wrongly Fired Worker

    The National Labor Relations Board ruled Friday that a defunct janitorial services company illegally fired an employee who pursued wage theft claims and spoke to Houston city lawmakers about poor working conditions at the company — the first decision involving newly installed NLRB Chairman John Ring.

  • May 7, 2018

    Attys Gird For Potential End Of H-4 Holders' Ability To Work

    Attorneys are bracing for proposed policy changes that could lead to the revocation of H-4 visa holders' ability to work in the U.S., trying to minimize disruption to their careers by pursuing alternative immigration options.

  • May 7, 2018

    Worker Advocates Say NLRB Deal Lets McDonald’s Off Hook

    Worker advocates urged an administrative judge Friday to reject a settlement between the National Labor Relations Board’s general counsel and McDonald USA LLC that would end a sprawling case over whether the company and its franchisees are joint employers, saying the agreement is marred by procedural shortcomings.

  • May 7, 2018

    New 'Cryptojacking' Threat Exposes Old Flaws In Security

    A new cyberattack called “cryptojacking” that hijacks laptops and cellphones and turns them into unwitting cryptocurrency harvesting devices should remind attorneys and the CEOs they serve that the public, regulators and lawmakers are taking a dim view on lax security, experts warn.

  • May 7, 2018

    15 Minutes With Mattress Firm’s General Counsel

    Kindel Elam is living her dream, both physically and metaphorically, as executive vice president and general counsel of Mattress Firm. After eight years at Fulbright & Jaworski LLP, Elam decided she wanted to go in-house at the retail company. Mattress Firm, which had been her client since 2007, went public in 2011 and was looking to hire a general counsel. Here, she shared what keeps her up at night — besides her dog — and her advice to lawyers hoping to make a similar in-house transition.

  • May 4, 2018

    Law360 Reveals Titans Of The Plaintiffs Bar

    They’ve gone up against big-name companies while advocating for plaintiffs ranging from grieving family members to shareholders and consumers in some of the biggest and most well-known cases of the past year.

  • May 4, 2018

    Rite Aid Wants Ex-GC's Legal Fee Demands Thrown Out

    Rite Aid Corp. urged the Delaware Chancery Court late Thursday to scuttle two legal fee claims by the company’s once-jailed general counsel, citing disqualification of one demand under the company’s charter and a dismissed case that mooted the second. 

  • May 4, 2018

    US, China Leave Trade Talks With 'Considerable Differences'

    After two days of hardball negotiations in Beijing, the U.S. trade delegation to China is returning to Washington without any public commitments from the communist superpower to increase U.S. market access and strengthen intellectual property protection at a time of increasing economic hostility between the two nations.

  • May 4, 2018

    Brand Battles: Trader Joe's Takes On 'Trader Schmo'

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, grocery chain Trader Joe's starts a fight over a "Trader Schmo" line of Kosher snacks, guitar giant Gibson stays vigilant despite a bankruptcy filing, and Major League Baseball's players union takes offense at a "Players Only" slogan.

  • May 4, 2018

    Ernst & Young Settles Partner's Sexual Harassment Claim

    An Ernst & Young tax partner who alleged that she was “egregiously” sexually assaulted and harassed by a male colleague in Orlando, only to have her complaints swept under the rug by the accounting giant, has reached a confidential settlement with the firm, the firm told Law360 Friday.

  • May 4, 2018

    Loeb & Loeb Atty Says Shkreli Defamed Her While At Turing

    Loeb & Loeb LLP counsel Eve Costopoulos sued Martin Shkreli on Thursday, claiming in Manhattan federal court that the pharma fraudster targeted her with a campaign of "character assassination" at her previous job as Turing Pharmaceuticals LLC general counsel, as she dealt with fallout from his famed AIDS drug price hike.

  • May 4, 2018

    Clayton Shifts SEC Focus To Retail Investors In First Year

    U.S. Securities and Exchange Commission Chairman Jay Clayton’s clear initiative to protect retail investors since taking the helm of the Wall Street regulator one year ago this week is widely viewed as a positive shift in direction, but has also raised concerns the agency may lose focus on potential misconduct by big financial institutions given its limited resources.

  • May 4, 2018

    Fox News Picks Top Chamber Atty Claffee As New GC

    Fox News has tapped U.S. Chamber of Commerce chief attorney and former Jones Day partner Lily Fu Claffee to serve as its general counsel, guiding it through a series of suits alleging the network mistreated women and minority workers. Claffee will start Monday, the network announced Friday.

  • May 4, 2018

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    A London research firm named Pinsent Masons LLP as the strongest United Kingdom legal brand, new data showed overall legal spending is on the rise, and a newly published survey found that many employers continue to struggle with a rapidly changing patchwork of state and local workplace laws that include measures aimed at closing pay gaps between men and women. Here are some of the stories in corporate legal news you may have missed in the past week.​

  • May 3, 2018

    FCC Urged To Embrace Narrow TCPA 'Autodialer' Definition

    A coalition led by the U.S. Chamber of Commerce on Thursday urged the Federal Communications Commission to craft a narrow definition of “autodialer” under the Telephone Consumer Protection Act to replace a broad interpretation struck down by the D.C. Circuit in March, arguing such action would significantly curb litigation.

  • May 3, 2018

    C-Corp. Conversions Not Attractive To All Pass-Throughs

    Investment firm KKR & Co. LP will have an easier time attracting foreign investors following its Thursday revelation that it will reorganize itself to take advantage of the new federal tax law, but the move comes with risks that could deter other businesses from following suit.

Expert Analysis

  • 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.

  • The Fastest Federal Civil Court For A Decade

    Bob Tata

    Out of 94 district courts nationwide, the Eastern District of Virginia has the fastest civil trial docket in the country, now for at least the 10th straight year. The modern EDVA bench clearly takes pride in efficiently dispensing justice, and this dedication to efficiency has continued even in the face of increased filings, says Bob Tata of Hunton Andrews Kurth LLP.

  • Reining In Abusive Alien Tort Statute Cases

    Perlette Jura

    The most obvious takeaway from the U.S. Supreme Court's decision in Jesner v. Arab Bank is that non-U.S. corporations no longer need to fear Alien Tort Statute liability. But tucked within the decision’s holding and its various concurring opinions are other key points, say attorneys with Gibson Dunn & Crutcher LLP.

  • Corporate America, Expect A Spike In SEC Reporting

    Christopher Regan

    In addition to the U.S. Supreme Court's Digital Realty decision earlier this year, three other factors have emerged that threaten to set the clock back on internal employee reporting and encourage whistleblowing to the U.S. Securities and Exchange Commission, say attorneys with Buckley Sandler LLP.

  • How Lagos Might Affect Internal Investigations

    Joon Kim

    If the U.S. Supreme Court holds in Lagos v. United States that companies are able to seek restitution from criminal defendants when they are the victim of an offense, it will create another incentive to conduct internal investigations into misconduct within or against a corporation, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • 9th Circ. Assesses Insurance For Social Engineering Scams

    Robert MacAneney

    This month, the Ninth Circuit affirmed in Aqua Star v. Travelers that insurance coverage for business email compromise schemes was precluded by an exclusion. Companies should inquire specifically about coverage for such schemes, and insurers should consider establishing sublimits to provide clarity to insureds, say J. Robert MacAneney and John Pitblado of Carlton Fields Jorden Burt PA.

  • A More Mobility-Friendly Approach To Noncompetes In Ill.?

    Dan Fazio

    An Illinois federal judge's recent decision in Medix Staffing Solutions v. Dumrauf marks a departure from the weight of authority in the state that would traditionally allow development of a factual record before finding a noncompetition covenant overbroad, say Dan Fazio and Shane Blackstone of Winston & Strawn LLP.

  • Recent Decisions Could Fuel Escheatment Audits

    Valerie Hletko

    The centuries-old, common-law principles by which sovereign entities take unclaimed or abandoned property are coming under renewed scrutiny in the U.S., as states pursue different policies that threaten to trigger legal disputes. Companies whose businesses give rise to these types of property — including issuers of prepaid, gift and stored-value cards — may find themselves caught up in these disputes, say Valerie Hletko and Mark Rooney of Buckley Sandler LLP.

  • Revamping Contracts For GDPR: How To Get Organized

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    There are clear trends that any company working to bring service contracts in line with the EU General Data Protection Regulation should keep in mind. Many of these are typical for this type of large-scale remediation, but there are considerations specific to the GDPR effort of which companies, particularly controllers, should be aware, says Ed Livingston of Axiom Law.

  • Inside Recent IRS Guidance On Withholding In Partner Sales

    Richard Zarin

    Taxpayers may rely on a recent IRS notice as they seek to comply with new withholding requirements on transfer of certain partnership interests by foreign persons. Attorneys at Morgan Lewis Bockius LLP review the requirements, exceptions and safe harbors set forth in the guidance.