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Corporate

  • 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.

  • August 6, 2018

    NY AG Underwood Sues DOL Over Wage Amnesty Docs

    New York State Attorney General Barbara Underwood sued the U.S. Department of Labor on Monday to make it release documents saying how and why it launched a new program that lets businesses escape federal suits by reporting and correcting wage violations.

  • August 6, 2018

    Cos. May Be Liable For Asbestos In Parts They Didn't Build

    Companies may be liable for failure to warn about the risks of asbestos-containing components or replacement parts in their products even if they did not build or distribute those parts, a New Jersey state appeals court said Monday in a published opinion reviving a product liability action against Ford Motor Co. and other businesses.

  • August 6, 2018

    Arista Agrees To Pay Cisco $400M On Eve Of Antitrust Trial

    On the eve of trial in Arista Networks Inc.'s antitrust suit against Cisco Systems Inc. in California federal court on Monday, the parties settled multiple disputes in a deal that sees Arista paying $400 million and Cisco dropping patent infringement allegations.

  • August 6, 2018

    15 Minutes With JCPenney's General Counsel

    As a law firm associate, Brandy Treadway enjoyed working with the same clients repeatedly and learning about their businesses. She didn't actively search for in-house positions, but she realized the aspects within the legal profession that interested her could be beneficial if she made the transition, and in 2011 she began her career at JCPenney. Now as the department store chain's senior vice president and general counsel, she explains why brick-and-mortar stores aren't obsolete.

  • August 3, 2018

    Rubio's Paid Parental Leave Proposal Meets Criticism, Doubt

    A paid parental leave proposal introduced by Sen. Marco Rubio, R-Fla., on Thursday marks Republicans’ latest attempt at reaching a goal – offering paid time off to new mothers – that has long held favor among Democrats but has recently gained widespread bipartisan support.

  • August 3, 2018

    Chase's Bias Win Axed Over Arbitrator's Disclosure Failure

    A California state appeals court has wiped out JPMorgan Chase's arbitration win in a worker's race bias suit, saying the arbitrator violated ethics rules by failing to mention her work in several other cases involving the company's law firm, Seyfarth Shaw LLP.

  • August 3, 2018

    Uber Nabs Covington Securities Atty For Corp. Transactions

    Uber Technologies Inc. said Thursday it has hired the vice chair of Covington & Burling LLP's securities and capital markets group to serve as an associate general counsel, bolstering its in-house legal team ahead of a highly anticipated initial public offering in 2019.

  • August 3, 2018

    Calif. High Court's Starbucks Decision: Bombshell Or Blip?

    Businesses in the Golden State are bracing for an uptick in wage-and-hour suits following the California Supreme Court's recent ruling that a federal doctrine blocking workers from suing over brief periods of unpaid time didn't doom a proposed class action against Starbucks Corp., but a key question still lingering after the ballyhooed decision means a flood of successful class actions is far from inevitable.

  • August 3, 2018

    SEC Ends Exxon Climate Probe Without Charges

    As investigations by New York and Massachusetts attorneys general continue, the U.S. Securities and Exchange Commission on Thursday dropped its probe into Exxon Mobil Corp’s. climate change disclosures, the energy giant said. 

  • August 3, 2018

    7th Circ. Upholds Grocery Store Worker's Title VII Win

    The Seventh Circuit has affirmed a jury verdict favoring a grocery store worker who alleged he was subjected to unwanted sexual touching and taunting by his male co-workers, holding that his Title VII claim was valid since he presented evidence that female workers didn't receive the same treatment.

  • August 3, 2018

    DC Circ. Reverses NLRB's Order On Co.'s Raises, Bonuses

    The D.C. Circuit on Friday reversed part of a National Labor Relations Board order that made a Washington medical transport business reinstate irregular raises and gift-giving after it suspended them when its workers unionized.

  • August 3, 2018

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    A new report named five law firms that top legal decision makers recommended most, a panel speaking at the American Bar Association's annual meeting said law needs a culture shift to fight sexual harassment, and some states took steps to force out-of-state retailers to collect and remit sales and use tax. These are some of the stories in corporate legal news you may have missed in the past week.​

  • August 3, 2018

    Wells Fargo Beats ERISA Suit At 8th Circ.

    The Eighth Circuit on Friday upheld a Minnesota federal judge’s decision to toss a proposed Employee Retirement Income Security Act class action accusing Wells Fargo of improperly steering workers’ retirement savings toward its own products instead of better options.

Expert Analysis

  • Opinion

    Law360's Global 20 Doesn't Acknowledge Global Networks

    Glenn Cunningham

    While I read with interest Law360's report analyzing the top 20 global law firms of 2018, I also noticed it doesn't tell the whole story. Global networks of independent law firms compare favorably with multinational firms in terms of geographic coverage, legal expertise, and awareness of local cultures and customs, says Glenn Cunningham of Interlaw Ltd.

  • Opinion

    Broken Norms Should End Business-As-Usual Nominations

    Neera Tanden

    As we saw with the outcry over Yale Law School's statement about U.S. Supreme Court nominee Brett Kavanaugh, too many in the liberal legal profession still cling to an old view of the rules and norms. Their reputations are now being weaponized on behalf of a judge who has questioned a president's accountability to legal constraints, says Neera Tanden, president and CEO of the Center for American Progress.

  • What Directors Need To Include In Appraisal Notices

    Christopher Chuff

    The Delaware Chancery Court's opinion in Cirillo Family Trust v. Moezinia is a stark reminder of both the required contents of an appraisal notice as well as the appropriate approach to take when communicating with stockholders, say attorneys with Pepper Hamilton LLP.

  • Opinion

    Round 2 Tax Bills Would Further Batter Working Families

    Frank Clemente

    The next round of proposed tax legislation would make permanent certain tax cuts from last year's Tax Cuts and Jobs Act. Like the TCJA itself, it would disproportionately benefit the wealthy, fail to deliver on economic promises to working families and threaten funding for vital public services, says Frank Clemente, executive director of Americans for Tax Fairness.

  • 6 Upcoming Supreme Court Cases That Will Affect Insurance

    Mark Bradford

    Next term, the U.S. Supreme Court will hear six cases that might impact insurers, reinsurers and other financial services institutions. These cases will address asbestos, immunity and exemption, class action and arbitration issues, say Mark Bradford and Damon Vocke of Duane Morris LLP.

  • How To Avoid Liability For Halo Statements

    James Goldfarb

    When companies burnished their ethics codes to tout their reputations in the wake of Enron, the plaintiffs bar tried to use those “halo statements” to establish securities fraud liability. Given recent regulatory emphasis on corporate culture, let's look at the mixed success of the post-Enron culture-driven cases, say attorneys with Murphy & McGonigle PC.

  • Incentive Plans And Shareholder Approval After Tax Reform

    William Woolston

    Among the many questions companies face following last year's tax reform is whether to continue seeking periodic shareholder approval for the performance criteria under executive compensation plans, despite elimination of the incentive of a corporate tax deduction. But even if it no longer results in a deduction, there may be other reasons why companies might opt to continue seeking shareholder approval, say William Woolston and Megan Woodford of Covington & Burling LLP.

  • Congressional Forecast: July

    Layth Elhassani

    While Senate hearings on the nomination of Brett Kavanaugh to the U.S. Supreme Court will draw much attention during July, Congress remains very busy with fiscal year 2019 appropriations bills. The chambers may go to conference this month on the first of several appropriations "minibuses," says Layth Elhassani of Covington & Burling LLP.

  • What Kavanaugh's Writing Tells Us About His Personality

    Matthew Hall

    People with certain personality traits tend to use certain words. A computer analysis of Judge Brett Kavanaugh’s D.C. Circuit opinions reveals that he is highly extraverted, which means that he would be a prominent voice on the U.S. Supreme Court, says Matthew Hall, a professor at the University of Notre Dame.

  • Employee Performance Ratings: Tainted Or Sainted?

    Lisa Harpe

    The recent focus on pay equity and employers’ pay practices has heightened the need to consider equal employment opportunity outcomes in performance ratings systems. Lisa Harpe and Sarah Gilbert of DCI Consulting Group discuss the current legal environment and proactive steps to examine performance ratings in the context of evaluating pay equity.