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Corporate

  • August 1, 2018

    IRS Floats Rules For Transition Tax On Foreign Earnings

    The U.S. Department of Treasury dashed many corporate taxpayers’ hopes on Wednesday, nixing suggested exceptions or potential areas for wiggle room in regulations to determine how to impose a one-time transition tax on the accumulated earnings of U.S. multinationals’ foreign subsidiaries as part of 2017’s federal tax overhaul.

  • July 31, 2018

    DOJ, DOL To Target Employers Abusing Foreign Worker Visas

    The U.S. Department of Justice and the U.S. Department of Labor have joined forces in an effort to crack down on U.S. employers that prefer to hire temporary visa workers over qualified U.S. workers.

  • July 31, 2018

    Facebook Reveals 'Coordinated' Political Influence Campaign

    Facebook on Tuesday disclosed that it has discovered a new, coordinated campaign to create dozens of inauthentic pages and accounts, but stopped short of directly blaming a Russian troll farm that has previously targeted Americans.

  • July 31, 2018

    Ex-PSU GC During Sandusky Probe Slams Discipline Effort

    A former general counsel for Pennsylvania State University fired back Tuesday at the ethics investigators seeking her censure, calling allegations she had conflicts of interest in the Jerry Sandusky sex-abuse investigation "a mockery of our disciplinary system."

  • July 31, 2018

    Former CEO Sues Heartland, Global In Del. For Legal Fees

    Robert O. Carr, the founder and embattled former CEO of Heartland Payment Systems, sued his former company and its acquirer, Global Payments, in Delaware on Monday for legal fees in his fight against various claims stemming from the $4.3 billion merger, including allegations of insider trading.

  • July 31, 2018

    11th Circ. Reverses NLRB On Samsung Employment Pact

    A panel of the 11th Circuit on Tuesday said that in light of the Supreme Court’s ruling in Epic Systems, the National Labor Relations Board’s finding that Samsung Electronics’ class waivers violate the National Labor Relations Act must be reversed.

  • July 31, 2018

    NAI Urges Chancery To Block CBS From Deleting Messages

    CBS Corp. routinely deleted records that its lead shareholder had sought in a battle for company control, the investor told Delaware's Chancery Court in documents made public Tuesday that call for the court to convene an emergency hearing and order the impounding of some CBS messaging devices.

  • July 31, 2018

    Perkins Coie Adds Back Employment Pro From Amazon

    Perkins Coie LLP has added a former Amazon in-house attorney with years of experience in the labor and employment field back to its offices, the firm said in a Monday announcement.

  • July 31, 2018

    The Top In-House Hires Of July

    July marked the first full month of summer and with it came notable legal department hires at companies like Purdue Pharma LP, The Hershey Co. and the parent company of Motel 6 and Studio 6. Here are some of the month’s top in-house moves that you should know.

  • July 31, 2018

    NLRB General Counsel To Streamline Regional Case-Handling

    The National Labor Relations Board general counsel's office is moving forward with parts of a plan to streamline how the agency's regional offices handle union organizing drives and suits alleging violations of federal labor law.

  • July 31, 2018

    Disney Says It Doesn't Belong In Weinstein Suit

    Disney has urged a New York federal judge to let it out of a proposed class action accusing the company and others of facilitating Harvey Weinstein’s alleged sexual abuse, arguing the suit doesn’t show that Disney employed the embattled film producer.

  • July 31, 2018

    Equifax Wants Small Businesses Axed From Data Breach MDL

    Equifax Inc. urged a Georgia federal court Monday to dismiss claims brought by small businesses in multidistrict litigation over the credit bureau’s massive data breach last year, saying the companies can’t bring claims based on their owners’ alleged injuries.

  • July 31, 2018

    United Beats Employees' Biometrics Class Action

    An Illinois federal judge on Tuesday dismissed claims against United Airlines Inc. brought by a proposed class of employees under the Illinois Biometric Information Privacy Act, saying the claims are preempted by a collective bargaining agreement and don’t go beyond a surface-level statutory violation.

  • July 30, 2018

    Autonomy's Convicted Ex-CFO Denied New HP Fraud Trial

    A California federal court Monday denied Autonomy's former chief financial officer's bid for a new trial or a judgment of acquittal just weeks after a jury found him guilty of fraud and securities charges for lying about the British software company's financials before Hewlett-Packard Co.'s $11.7 billion acquisition in 2011.

  • July 30, 2018

    Google’s Top Lawyer Moves Up, Leaving GC Slot Open

    Google Inc. has given its general counsel a new position to go with his growing global role with the California-based tech giant, paving the way for a new GC.

  • July 30, 2018

    Chamber Urges DC Circ. To Affirm Toss Of OPM Breach Suit

    The U.S. Chamber of Commerce is pressing the D.C. Circuit to preserve the dismissal of litigation over a 2015 data breach at the U.S. Office of Personnel Management, arguing that standing for data breach plaintiffs shouldn't be "automatic" and that government contractors shouldn’t be expected to go beyond preexisting data security arrangements.

  • July 30, 2018

    ​​​​9th Circ. Hyundai Kia Rethink May Give Class Deals Clarity

    The full Ninth Circuit may upend a panel's ruling that courts must weigh varying state consumer protection laws before certifying nationwide class action settlements when it rehears the Hyundai Kia case this fall, offering much-needed clarity on what attorneys overwhelmingly described as an unworkable standard for class actions.

  • July 30, 2018

    4 Crucial Employment Law Questions For Dealmakers

    From hidden legal liabilities to high-priced compensation pacts for soon-to-be redundant executives, there’s a veritable minefield of employment-related issues capable of stalling otherwise promising mergers and acquisitions. Here, Law360 looks at four questions businesses should ask their attorneys to keep the nuances of employment law from getting in the way of deals.

  • July 30, 2018

    With Sharp Split, USPTO Fee Rule Could Head To High Court

    A ruling by the Federal Circuit last week created a sharp circuit split over the U.S. Patent and Trademark Office's controversial policy on attorneys' fees, raising the distinct possibility of an endgame at the U.S. Supreme Court.

  • July 30, 2018

    5 Cybersecurity And Privacy Cases To Watch: Midyear Report

    The rest of 2018 could bring action on a slew of lingering privacy and cybersecurity disputes, including the legal fallout from Equifax's massive data breach, tests to the scope of Illinois' unique biometric privacy law, and challenges to the way tech giants have sought user consent under the European Union's General Data Protection Regulation. Here, Law360 takes a look at five cases cybersecurity and privacy attorneys should keep an eye on in the coming months.

Expert Analysis

  • All Unions Likely To Feel The Impact Of Janus V. AFSCME

    Joseph Gross

    While the high court's decision in Janus v. AFSCME issued a direct and devastating hit to public-sector unions, it's effects are likely to be far reaching. Unions representing both private- and public-sector employees, as well as union funding of political causes, will feel the blow, say Joseph Gross and Adam Primm of Benesch Friedlander Coplan & Aronoff.

  • 3 Top E-Discovery Case Law Lessons Of 2018 (So Far)

    Casey Sullivan

    The blockbuster e-discovery cases, with big sanctions and bigger controversies, have been few and far between this year. But that doesn’t mean the legal questions around e-discovery have been answered. Let’s take a closer look at three cases worthy of our attention, says Casey Sullivan, an attorney at discovery technology provider Logikcull.

  • #MeToo's Impact On Sexual Harassment Law Just Beginning

    Susan Sholinsky

    The myriad sexual harassment laws proposed and passed this year show that legislatures are swiftly responding to the #MeToo movement. All employers should keep abreast of developments nationwide, because another state's laws may be coming soon to a legislature near you, says Susan Sholinsky of Epstein Becker & Green PC.

  • The Rise And Fall Of The Millionaire Tax In Massachusetts

    David Nagle

    In a June 20, 2018, decision the Massachusetts Supreme Judicial Court ended a three‑year effort to amend the Massachusetts Constitution and impose an additional tax on individuals with income exceeding $1 million, David Nagle and Joseph Donovan of Sullivan & Worcester LLP analyze the history of the litigation, the decision and its implications.

  • Following The Tax Map To Deduct Loan Commitment Fees

    Mark Leeds

    The deduction for interest as a business expense was substantially limited by last year’s revision of IRC Section 162(c). But last month's IRS chief counsel memo has advised that borrowers in lending transactions can deduct unused commitment fees and provides taxpayers with a road map for structuring transactions to avoid the new limitations, say Mark Leeds and Brennan Young of Mayer Brown LLP.

  • Opinion

    Law Schools Must Take A Stand Against Mandatory Arbitration

    Isabel Finley

    Later this week, Harvard Law students will begin bidding on interview slots with the nation’s top law firms. Our institutions owe it to their students not only to require firms to disclose mandatory arbitration provisions in new associate contracts, but also to bar employers from on-campus recruiting if they require these provisions, says Isabel Finley, a third-year student at Harvard Law School and president of the Harvard Women’s Law Association.

  • Kentucky Nonprofit Galas Just Got A Lot Less Profitable

    Mark Loyd

    The Kentucky Supreme Court decision in Department of Revenue v. Interstate Gas Supply Inc. combined with Kentucky House Bill 487 has resulted in a perfect storm of uncertainty regarding tax-exempt status in the nonprofit world, say attorneys at Bingham Greenebaum Doll LLP.

  • Opinion

    The Problem With SEC's Plan To Cap Whistleblower Awards

    Stephen Kohn

    The U.S. Securities and Exchange Commission's proposal to reduce payments to whistleblowers in the largest anti-fraud cases completely ignores the central purpose of the Dodd-Frank Act's whistleblower provisions, says Stephen Kohn of Kohn Kohn & Colapinto LLP.

  • How FTC Rules Affect Employee-Generated Marketing

    Nick Peterson

    Companies have begun to encourage employees to post about their products on social media, as well as leave reviews on websites like Amazon and Yelp. However, the Federal Trade Commission has expressed concerns that employee marketing can be deceptive to consumers, say Nick Peterson and Brandon Moss of Wiley Rein LLP.

  • Myths And Facts About Using TAR Across Borders

    John Tredennick

    Many legal teams involved in cross-border matters still hesitate to use technology assisted review, questioning its ability to handle non-English document collections. However, with the proper expertise, modern TAR can be used with any language, including challenging Asian languages, say John Tredennick and David Sannar of Catalyst Repository Systems.