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  • October 1, 2018

    Justices Turn Away Handful Of Employment Cases

    The U.S. Supreme Court shot down a handful of employment appeals Monday, including petitions to review the federal standard for deciding when businesses can change the work conditions of unionized workers they take on, and to decertify classes of immigrant detainees accusing prison operator Geo Group of using them as forced labor.

  • October 1, 2018

    Ex-EBay, PayPal Exec Faces SEC Insider Trading Suit

    The U.S. Securities and Exchange Commission hit eBay Inc. and PayPal Holding Inc.'s former director of SEC reporting with a lawsuit in California federal court Friday, claiming he illegally made $36,000 off insider tips regarding PayPal's 2015 acquisition of digital money transfer company Xoom Corp.

  • October 1, 2018

    What's New In NAFTA: A Law360 Cheat Sheet

    Thirteen months of often-fraught negotiations to revise the North American Free Trade Agreement concluded with a marathon session late Sunday as the U.S., Canada and Mexico agreed to a series of sweeping updates to the 1994 trilateral accord. Here, Law360 fills you in on the changes you need to know about.

  • October 1, 2018

    Calif. Gov.'s Bill Flurry A Mixed Bag For Workers

    California Democratic Gov. Jerry Brown took action Sunday on several work-related bills, signing into law proposals that will make it easier for workers to speak out about and sue over workplace sexual harassment but vetoing efforts to block arbitration of work-related claims.

  • October 1, 2018

    15 Minutes With Voya Financial's Chief Legal Officer

    Trish Walsh oversees all aspects of Voya Financial's law, compliance and external affairs department. Here, she discussed with Law360 the one responsibility she must think about daily and how top in-house lawyers can help minority attorneys advance within the legal industry.

  • September 28, 2018

    Supreme Court Cheat Sheet: 8 Cases To Watch

    With D.C. Circuit Judge Brett Kavanaugh’s fate as the ninth justice still hanging in the balance, the U.S. Supreme Court kicks off its new term Monday without a case of blockbuster proportions. But there are several bread-and-butter business issues filling out the docket.

  • September 30, 2018

    Musk To Pay $20M In Settlement Over Going-Private Tweets

    Elon Musk has agreed to step down as chairman of Tesla Inc. and pay a $20 million fine as part of settlements unveiled by the U.S. Securities and Exchange Commission on Saturday, two days after the agency sued Musk for allegedly having posted misleading Twitter messages about taking Tesla private.

  • September 28, 2018

    ITC Judge Turns Down Qualcomm Bid For IPhone Import Ban

    An International Trade Commission judge found Friday that public interest factors weigh against Qualcomm's request to halt the import of the latest generation of iPhones over patent infringement allegations.

  • September 28, 2018

    Facebook Breach Leaves 50M User Accounts Exposed

    Facebook disclosed Friday that hackers had recently gained access to nearly 50 million user accounts by exploiting a vulnerability tied to a profile preview feature, an incident that prompted the filing of a consumer lawsuit and will almost certainly spur those that have been examining the tech giant's broader privacy practices to raise fresh data security questions. 

  • September 28, 2018

    Existence Of Cybersecurity Policies Not Enough For SEC

    The U.S. Securities and Exchange Commission's recent settlement with a broker-dealer and investment adviser that allegedly violated a rule meant to combat identity theft even though it had cybersecurity policies in place signals that the mere existence of these policies is not enough to avoid scrutiny, experts say.

  • September 28, 2018

    7th Circ. Says NLRA Doesn't Allow Town Right-To-Work Laws

    The Seventh Circuit ruled on Friday that the National Labor Relations Act doesn't grant local governments the power to bar mandatory union membership, scrapping a right-to-work ordinance passed by the village of Lincolnshire, Illinois.

  • September 28, 2018

    AmEx Privacy Chief Talks Protecting Data In Age Of GDPR

    Louise Thorpe oversees the worldwide privacy program at credit card giant American Express. Here, she talks to Law360 about how the company can keep the trust of its more than 100 million cardholders across the globe, and how companies should treat customers in the era of GDPR.

  • September 28, 2018

    Stryker Settles SEC's Latest FCPA Claims For $7.8M

    Medical device company Stryker Corp. agreed to pay a $7.8 million penalty over accounting and record keeping failures in China, India and Kuwait, marking the company's second settlement with the U.S. Securities and Exchange Commission over Foreign Corrupt Practices Act violations.

  • September 28, 2018

    The Top In-House Hires Of September

    New York Stock Exchange owner Intercontinental Exchange Inc. tapped a former McKenna Long & Aldridge LLP attorney as its next general counsel, and the new Fox company has picked a Kirkland & Ellis LLP partner to be its legal boss. ​​​​​​​Here, Law360 looks at some of September's top in-house hires and promotions.

  • September 28, 2018

    Fed. Circ. Tosses $506M WARF Patent Verdict Against Apple

    Apple Inc. on Friday escaped a $506 million damages award in a patent case brought by the Wisconsin Alumni Research Foundation as the Federal Circuit found the iPhone maker did not infringe a computer processor patent.

  • September 28, 2018

    Walgreens To Pay SEC $34.5M Over Revenue Projections

    Walgreens Boots Alliance Inc. agreed to pay the U.S. Securities and Exchange Commission $34.5 million to settle allegations that the company and its executives misled investors about revenues that were expected from Walgreens' acquisition of Alliance Boots GmbH, the SEC said Friday.

  • September 28, 2018

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    Technology giants said they'd embrace new federal privacy legislation in the wake of headline-grabbing data misuse scandals, and the U.S. Supreme Court is poised to start a new session that could see the justices tackle a growing circuit split on whether federal anti-discrimination law protects gay and transgender workers.

  • September 27, 2018

    Atty's Misconduct Sinks Cert. In Ford Sex Harassment Suit

    An Illinois federal judge on Thursday denied class certification for female Ford Motor Co. plant workers allegedly subjected to rampant sexual harassment, saying the lead attorney is inadequate to be class counsel due to misconduct in a previous class action that led to disciplinary sanctions and malpractice suits.

  • September 27, 2018

    States Stake Claim To Privacy Role With Uber Breach Pact

    State attorneys general demonstrated their disdain for blatant failures to report data security incidents in hitting Uber with a record $148 million penalty for attempting to cover up a 2016 breach, solidifying their role as active and aggressive privacy enforcers at a time when efforts to codify a national framework threaten their powers, attorneys say. 

  • September 27, 2018

    What's Behind The FTC's Odd Bid To Stop Tronox's $2.4B Deal

    The FTC's challenge of Tronox's planned $2.4 billion purchase of Saudi-owned chemical mining company Cristal has taken a curious procedural path. And now, more than 18 months after the transaction was inked, a federal court has paused the deal while the sides await a ruling from the agency's in-house judge. Here, Law360 takes a look at how the case got here and what comes next.

Expert Analysis

  • Why Contract Analytics Are Essential To Minimizing Risk


    In most enterprises, certain critical data remains in silos and cannot be leveraged in a standardized way across all units and issues. By applying analytics to contracts from the small silos and looking at them as a key source of information, executives and counsel can get a clear picture of the overall business, says Ryan Drimalla of FTI Consulting.

  • Considerations For The 2019 Proxy Season

    Steve Quinlivan

    Given a number of changes to the regulatory landscape in recent months, public companies should consider planning for the upcoming proxy season early. The U.S. Securities and Exchange Commission has been particularly active adopting rules and regulations in areas that substantially impact annual reporting, say attorneys with Stinson Leonard Street LLP.

  • Examining The Role Of Market Price In Appraisal: Part 2

    Dirk Hackbarth

    In response to the Delaware Chancery Court’s invitation earlier this year seeking expert opinions on market efficiency, we propose several tests to empirically assess the reliability of market price in appraising fair value, say Dirk Hackbarth of Boston University and Bin Zhou of The Brattle Group.

  • A Look At New IRS Guidance For Nonprofits Calculating UBTI

    Shira Helstrom

    The Tax Cuts and Jobs Act imposed an additional administrative burden on tax-exempt organizations by eliminating their ability to aggregate unrelated trade and business income activity. Since the IRS issued guidance and interim rules in August, organizations should find compliance easier and also consider whether additional efficiencies might be possible, says Shira Helstrom of Morgan Lewis Bockius LLP.

  • Examining The Role Of Market Price In Appraisal: Part 1

    Dirk Hackbarth

    Delaware Vice Chancellor J. Travis Laster recently cautioned that while courts are now giving greater deference to deal prices and market evidence in determining fair value, this approach does not elevate "market value" to the governing standard under the appraisal statute. His caveat begs at least three finance questions, say Dirk Hackbarth of Boston University and Bin Zhou of The Brattle Group.

  • Understanding The Unwinding Of DOL's Fiduciary Rule

    Excerpt from Lexis Practice Advisor
    George Sepsakos

    In Chamber of Commerce v. U.S. Department of Labor, the Fifth Circuit decided the DOL's so-called fiduciary rule conflicted with Section 3(21) of the Employee Retirement Income Security Act. George Sepsakos and Michael Kreps of Groom Law Group discuss the decision's implications and various elements to consider following vacatur of the rule.

  • M&A Structuring And Due Diligence After Tax Reform

    Taylor Kiessig

    While the Tax Cuts and Jobs Act did not change what constitutes a tax-free reorganization, it is having a significant impact on domestic and cross-border mergers and acquisitions. Attorneys at Eversheds Sutherland LLP consider how the changes affect transaction structuring, diligence and tax risk allocation in M&A transactions.

  • The Courts’ Take On Obama-Era Regs: You Are Erased

    Andrew Oringer

    It is at this point axiomatic that the Trump administration is intent on reversing significant portions of the Obama administration's regulatory activity. Interestingly, it seems that courts may pose another major risk to the survival of some Obama-era initiatives, say Andrew Oringer and Samuel Scarritt-Selman of Dechert LLP.

  • Grandfathering Executive Compensation Plans Under TCJA

    Eric Winwood

    While the Tax Cuts and Jobs Act fundamentally changed rules governing the deduction under IRC Section 162(m) of executive compensation by publicly held corporations, it also included grandfather relief for some existing arrangements. Eric Winwood of Baker Botts LLP discusses the recent grandfather relief guidance and its effects.

  • 3 Risk Management Options For Autonomous Vehicle Makers

    Patrick Reilly

    While there are no precedential court decisions involving an autonomous vehicle accident yet, it's only a matter of time. In-house counsel should consider a range of legal, professional and technological measures to avoid or mitigate the litigation risks, say attorneys with Faegre Baker Daniels LLP.