• May 2, 2018

    High Court To Mull Class Arbitration In Data Breach Suit

    The U.S. Supreme Court recently decided to wade into a data breach lawsuit that hinges on what arbitration agreements have to say for workers to be able to bring class arbitration claims, giving the justices a chance to clarify the high court's 2010 Stolt-Nielsen ruling and tackle an issue with major implications for employers looking to fend off class actions.

  • May 2, 2018

    Xerox Settlement Lays Path For Proxy Fights Outside Del.

    An agreement between Xerox and activist shareholders that saw the company's CEO step down late Tuesday suggests that a New York state judge's ruling to temporarily block Xerox's $6.1 billion tie-up with Fujifilm could have long-lasting legal implications, including establishing that proxy disputes can be resolved in states other than Delaware.

  • May 2, 2018

    NJ Gov. Signs Paid Sick Leave Bill Into Law

    New Jersey employers must now provide earned sick leave pay to their workers under a new law that Gov. Phil Murphy signed Wednesday, a measure he said will support both working families and the state’s economy.

  • May 2, 2018

    Pepsi Bottling Co. Job Applicants Ink $1.2M FCRA Deal

    A PepsiCo Inc. bottling subsidiary has agreed to pay $1.19 million to more than 23,000 potential class members who allege the company violated the Fair Credit Reporting Act by failing to disclose it accessed their consumer reports, according to a Wednesday bid for preliminary approval of the deal.

  • May 2, 2018

    Without Partial Reviews, PTAB Strategies May Need Retooling

    The U.S. Supreme Court’s ruling that the Patent Trial and Appeal Board must address all challenged patent claims in America Invents Act reviews presents a number of strategic considerations for patent owners and petitioners, who will need to reconsider some of their traditional approaches at the PTAB.

  • May 2, 2018

    Senate Dems Again Ask BLS To Collect Harassment Data

    Twenty-one U.S. senators led by Kirsten Gillibrand, D-N.Y., and Patty Murray, D-Wash., urged the U.S. Bureau of Labor Statistics to reconsider its decision not to collect data on workplace harassment, Murray announced on Wednesday as the ranking member of the Senate's Health, Education, Labor and Pensions Committee.

  • May 2, 2018

    BCBS Antitrust Judge Out Of Patience, But Not GIFs

    An exasperated Alabama federal judge chastised the Blue Cross Blue Shield network and insurance providers over their discovery spats in antitrust litigation concerning BCBS' alleged exclusivity agreements, taking the unusual step Tuesday of voicing his frustration through an animated GIF of Tom Hanks mouthing “Really?”

  • May 2, 2018

    Apple Leads $387B In Buybacks After Trump Tax Cuts

    Apple’s $100 billion stock buyback pushed total repurchases announced after 2017’s tax overhaul to $387 billion on Tuesday, which Americans for Tax Fairness said Wednesday demonstrated the overhaul’s disproportionate benefits to the wealthy over working Americans.

  • May 2, 2018

    Pass-Through Law May Cramp Savings, Report Says

    The tax break for pass-through businesses in the new federal tax law is so complex that any savings for small businesses may need to be spent on lawyers and accountants to understand the law, a coalition pushing for tax benefits for small businesses said Tuesday.

  • May 2, 2018

    Facebook Says No Racial Bias In Promotion, Pay Decisions

    Facebook Inc. argued in North Carolina federal court Tuesday that a black employee didn’t demonstrate the social media behemoth made promotion and pay decisions based on race or allowed him to suffer from a hostile work environment, seeking a quick toss of the claims.

  • May 1, 2018

    Tesla Hit With $2B Design Patent Suit By Truck Startup

    Tesla Inc. was hit with a $2 billion infringement lawsuit from the startup alternative fuel vehicle manufacturer Nikola Corp., which alleged in Arizona federal court Tuesday that Tesla stole its design for a semi truck.

  • May 1, 2018

    New FTC Chairman Sworn In As Agency Refills Seats

    The Federal Trade Commission’s new chair was sworn in Tuesday, placing ex-Paul Weiss Rifkind Wharton & Garrison LLP partner Joseph Simons at the head of the competition regulator less than a week after he and four other nominees were confirmed by the Senate.

  • May 1, 2018

    Spotify's Direct Listing Thrust 1 Firm Into April Spotlight

    Twelve operating companies went public in April and generated more than $3.3 billion in proceeds, but the month’s standout deal was an unusual and potentially precedent-setting direct listing by streaming giant Spotify, advised by Latham & Watkins LLP, that raised no money.

  • May 1, 2018

    Facing Backlash, Facebook Unveils New 'Clear History' Tool

    Facing a sea of public backlash and government inquiries over the mishandling of its users' data, Facebook on Tuesday announced a new "clear history" privacy feature that will let account holders see and delete identifying information that the company has collected from other websites and apps that run its tracking tools.

  • May 1, 2018

    1st Circ. Backs Burger King Franchise's Quick ADA Suit Win

    A First Circuit panel on Monday backed a Puerto Rico federal court’s decision that a former Burger King assistant manager who developed post-traumatic stress disorder and depression after being attacked while trying to make a bank deposit wasn’t a “qualified individual” under the Americans with Disabilities Act.

  • May 1, 2018

    Starbucks Can’t Skim Unpaid Minutes, Calif. High Court Told

    A proposed class of Starbucks Corp. employees asked the California Supreme Court on Tuesday to revive allegations that the coffee chain shortchanged them for off-the-clock work, saying a district judge erred in applying federal labor rules that curb claims over short periods of unpaid time to their state wage law claims.

  • May 1, 2018

    Chubb Needn't Cover $8M Grubhub Text-Ad Deal, Court Says

    A New York federal court on Monday ruled that a Chubb Ltd. unit doesn't have to cover an $8 million settlement between Grubhub and a proposed class of consumers suing over mass texts, agreeing with the insurer that a pair of policy exclusions bar coverage.

  • May 1, 2018

    Sen. Calls For Probe Of Proposed T-Mobile-Sprint Merger

    Lawmakers must probe whether T-Mobile US Inc. and Sprint Corp.’s proposed $59 billion merger will lift pressure on mobile carriers to offer wireless services at affordable rates, according to a prominent Democrat on the Senate committee that oversees communications regulatory matters.

  • May 1, 2018

    Goldman Sachs Fined $110M For 'Unsafe' Forex Conduct

    New York’s state banking regulator and the Federal Reserve levied $109.5 million in fines on Tuesday against Goldman Sachs Group Inc. for allegedly operating its foreign exchange trading business under lax controls that allowed traders to swap private client information in online chat rooms with competitors and inflate their profits.

  • May 1, 2018

    M&A Attys Must Get Creative As Appraisal Suits Get Tougher

    Recent decisions in the Delaware Chancery and Supreme courts on appraisal lawsuits suggest that shareholders who claim they deserve more money in a deal are fighting an uphill battle, highlighting the need for nimble attorneys who understand when a suit is likely to backfire and can provide clients with other options.

Expert Analysis

  • At Wayfair Args, Justices Seem Hesitant To Overturn Quill

    Clark Calhoun

    While the justices' comments during oral argument in South Dakota v. Wayfair Tuesday indicate that the U.S. Supreme Court is divided about the appropriate response to the South Dakota law at the heart of this matter, a ruling to affirm the status quo and hold for the taxpayers would not be surprising, say attorneys with Alston & Bird LLP.

  • Tips For Defending PCAOB Investigations

    Robert Cox

    It is important for auditors and their counsel to understand the Public Company Accounting Oversight Board's investigatory and decision-making process. In addition, recent developments like the D.C. Circuit's ruling in Laccetti may impact how an attorney defends an investigation, says Robert Cox of Briglia Hundley PC.

  • 5 Ways Law Firms Are Becoming More Like Hotels

    Bella Schiro

    One way law firms differentiate themselves from the competition to attract and retain top talent is through their real estate and workplace strategies. Taking a lead from the hospitality industry can help create a more inviting, welcoming and collaborative workspace environment, says Bella Schiro of Jones Lang LaSalle Inc.

  • What's New In NIST’s Updated Cybersecurity Framework

    Alan Raul

    On Tuesday, the National Institute for Standards and Technology released a revised version of its standard-setting Cybersecurity Framework, once again producing a useful, flexible document that can be applied or adapted by a wide range of companies, says Alan Raul, leader of Sidley Austin LLP's cybersecurity practice.

  • Opinion

    Gorsuch's 1st Year Shows He Is A Conservative Activist

    Elliot Mincberg

    In his first year on the U.S. Supreme Court, Justice Neil Gorsuch has proven to be a narrow-minded elitist who consistently votes in favor of corporations and the powerful, acting to roll back protections for workers, consumers, LGBTQ individuals and other marginalized communities, says Elliot Mincberg of People for the American Way.

  • Opinion

    There Is Middle Ground For US Lawyers On AML Regimes

    Matthew O'Hara

    The American Bar Association continues to oppose legislation that would impose certain European Union and U.K. anti-money laundering requirements on U.S. lawyers. The ABA should further consider its approach to this issue as there is a viable middle ground that protects privileged communications and confidential information while advancing the interests of the legal profession, says Matthew O’Hara of Freeborn & Peters LLP.

  • GDPR And HR: 8 Steps To Compliance For US Companies

    Sam Rayner

    American organizations with a European workforce, or presence, should not assume that they can ignore the General Data Protection Regulation in favor of a self-regulatory approach to employee privacy, as is often favored across the U.S., say Sam Rayner and Tom Mintern of Bird & Bird LLP.

  • 4 Nettlesome Issues For Private Equity Management

    Benjamin Ferrucci

    Tax reform's modification of the carried interest rules received a lot of attention. However, reform did little else to alter the private equity landscape, and private equity portfolio managers still must address four particularly troublesome compensation issues, says Benjamin Ferrucci, a partner at Locke Lord LLP in Boston.

  • Finance-Savvy Millennials Are Shifting Business Of Law

    Michael Perlich

    The impact of millennials has already been felt within the legal community by our eagerness to embrace new technologies. One way that we will have potentially even more impact lies in our willingness to embrace new ways of developing business and financing law, says Michael Perich of Burford Capital LLC.

  • Opinion

    Attorney-Client Privilege Is Alive And Well

    Genie Harrison

    The FBI raid of the office of President Donald Trump’s personal lawyer set off a firestorm of controversy about the sanctity of the attorney-client privilege, epitomized by Trump's tweet that the "privilege is dead." But attorney-client privilege is never taken lightly — I have battle scars from the times I have sought crime-fraud exceptions, says Genie Harrison of the Genie Harrison Law Firm.