Corporate

  • May 8, 2018

    Female In-House Attys Earn 84 Cents For Every Dollar Men Do

    Female in-house counsel earn 84 percent of what their male counterparts earn on average, with the gender pay gap growing steeper still at the general counsel level, a report released Tuesday said.

  • May 8, 2018

    Equifax Reveals 56K IDs Stolen In Breach That Hit 146M

    Credit reporting giant Equifax on Monday revealed more details about the consumer data stolen during a breach last year that affected 146.6 million consumers in the U.S., writing in a Securities and Exchange Commission filing that the hackers lifted 56,200 government-issued IDs from its online dispute resolution portal.

  • May 8, 2018

    Jay-Z Has Date With SEC To Discuss Rocawear Sale Fallout

    Manhattan U.S. District Judge Paul G. Gardephe ordered Jay-Z on Tuesday to give testimony to the U.S. Securities and Exchange Commission in its probe of Iconix Brand Group Inc., a troubled fashion brand company that bought assets from the rapper's Rocawear clothing line for $204 million in 2007.

  • 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.

Expert Analysis

  • 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.

  • Opinion

    The Historic Legal Blunder That Enabled Our Gun Epidemic

    Robert W. Ludwig

    In a recent op-ed, former U.S. Supreme Court Justice John Paul Stevens called for repealing the Second Amendment to help combat our nation's gun epidemic. Actually, it is the high court's ruling in District of Columbia v. Heller that is the problem. And it is only one court case away from being renounced as the historic blunder it is, says Robert W. Ludwig, counsel for the American Enlightenment Project.

  • Companies Can’t Afford To Ignore Accessibility

    John Capobianco

    Last year saw the fifth consecutive year of growth in the number of Americans with Disabilities Act lawsuits. Given the financial and reputational costs of such litigation, business owners and operators would be wise to evaluate current practices regarding accessibility and accessible services for deaf and hard-of-hearing patrons, says John Capobianco of VITAC Corporation.

  • Corporate Designee Practice Under NY V. Federal Rules

    Steve Kramer

    Your corporate client has been sued and it is a matter of time before a deposition notice is served. How to respond to the notice and plan for the deposition can depend upon whether the case is in federal or New York state court, with designation of subject matters being one of the greatest differences among the rules, says Steve Kramer of Eckert Seamans Cherin & Mellott LLC.

  • Comparing Corp. Criminal Liability In US, UK, France: Part 2

    Mark Srere

    This article, the second in a series about corporate compliance from attorneys from Bryan Cave Leighton Paisner LLP, considers deferred prosecution agreements and other enforcement tools of prosecutors in the U.S., U.K. and France.

  • Equal Pay: Where Do We Stand Now?

    Debra Ellwood Meppen

    In Kelly Ellis v. Google, a California federal judge recently denied Google's bid to dismiss classwide claims alleging gender-based pay discrimination. If the class is certified and if the plaintiffs win, it may signify the beginning of the end of the fight for equal pay for women, say Debra Ellwood Meppen and Laurie DeYoung of Gordon & Rees LLP.

  • Comparing Corp. Criminal Liability In US, UK, France: Part 1

    Mark Srere

    The first article in a two-part series by attorneys from Bryan Cave Leighton Paisner LLP considers the current position on corporate criminal liability in the U.S., U.K. and France.