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  • January 1, 2019

    4 Worries That Will Keep GCs Awake At Night In 2019

    As general counsels across industries plan for the new year, they expect the increasing occurrence of cyberthreats and emerging technologies to be among the most pressing issues that will lead to many sleepless nights in the months ahead. Here, Law360 looks at the primary concerns worrying in-house leaders.

  • December 21, 2018

    Parts Of $69B CVS-Aetna Deal Gets Temporary Greenlight

    After CVS Health Corp. agreed to submit quarterly declarations that it is keeping parts of its business separate from its recently purchased Aetna Inc. assets, a D.C. federal judge said Friday that he won't stop CVS' efforts to integrate other parts of Aetna's business while he reviews the multibillion-dollar merger.

  • December 20, 2018

    Stericycle Reaches $45M Settlement In Securities Suit

    Stericycle Inc. disclosed Wednesday that it has reached a proposed $45 million deal to settle a putative class action in Illinois federal court that claimed the waste disposal company falsely inflated its financial results through fraudulent pricing.

  • December 20, 2018

    Goldman Must Share Some Proof Of 'Boys’ Club' In Bias Suit

    A Manhattan federal magistrate judge ruled Thursday that Goldman Sachs must share limited evidence related to its alleged “boys’ club” culture with women who accuse the investment bank of gender discrimination, but not as much as the plaintiffs sought.

  • December 20, 2018

    Condé Nast Wants Insurer To Cover $13.8M Settlement Costs

    Condé Nast accused Mutual Insurance Co. of reneging on its policy coverage obligations over the media company's $13.75 million settlement with a class of magazine subscribers who said their customer data was sold without their consent, according to a lawsuit filed in New York state court Thursday.

  • December 20, 2018

    DOL, Groups Fight To Tank Association Health Plan Suit

    The U.S. Department of Labor has doubled down on defending its association health plan rule in Washington, D.C., federal court with a little help from the National Restaurant Association’s legal affiliate and a coalition of employer associations.

  • December 20, 2018

    Top Bankruptcy Cases Of 2018

    Lawyers at some of the top bankruptcy practices brought several major Chapter 11 cases to a successful end this year, while others spent a large chunk of 2018 dealing with the fallout of a failed effort to turn around retail giant Toys R Us Inc. Meanwhile, the U.S. Supreme Court opened up more avenues for creditors to claw back prepetition transfers. Here, Law360 looks back on some of the most important bankruptcy cases of 2018. 

  • December 20, 2018

    France Slaps Uber With €400K Fine Over 2016 Data Breach

    France’s data protection agency said Thursday that it has fined Uber €400,000 ($460,000) for covering up a 2016 data breach that exposed personal records from 57 million clients and drivers worldwide.

  • December 20, 2018

    Border-Adjusted Carbon Tax May Be Administrative Headache

    A proposed tax on imports based on carbon emissions produced overseas during the manufacturing process may be costly and laborious to administer, even though it would help place domestic manufacturers and their foreign competitors on a level playing field.

  • December 20, 2018

    Fidelity Says Ex-VP Using Info He Stole To Aid Morgan Stanley

    Fidelity Brokerage Services filed suit Wednesday in California federal court accusing one of its former vice presidents of stealing privileged client contact information that he is allegedly now using in his new job at rival Morgan Stanley to lure over customers.

  • December 20, 2018

    The Biggest Privacy & Cybersecurity Stories Of 2018

    With Facebook's series of data leaks spurring calls for a national privacy law, Europe's new data protection rules coming on the books and Marriott suffering one of the largest data breaches the world has ever seen, 2018 was a massive year for privacy and cybersecurity. Here's a closer look at some of the year's biggest stories.

  • December 20, 2018

    Chinese Nationals Charged In Huge Cyberintrusion Campaign

    Federal prosecutors Thursday charged a pair of Chinese nationals in New York federal court with an extensive state-sponsored hacking campaign that looted huge amounts of data from U.S. government agencies and dozens of companies in the United States and around the world.

  • December 20, 2018

    EU Drags China To WTO Over Forced Tech Transfer Rules

    The European Union hit China with a new World Trade Organization case on Thursday targeting Beijing’s laws that allegedly coerce foreign companies to hand over sensitive technology as a condition of doing business in emerging sectors like electric vehicles and genetically modified crops.

  • December 20, 2018

    IRS Floats Rules On Share Sales By Foreign Partners

    The U.S. Department of Treasury on Thursday proposed rules to treat income from the sale of a foreigner's interest in a U.S. partnership as taxable U.S.-sourced income, counter to a U.S. Tax Court decision that mandated the opposite result.

  • December 19, 2018

    DC Sues Facebook Over Cambridge Analytica Data Harvesting

    Facebook's lax oversight and misleading privacy policies exposed users' data to misuse by a third-party app developer that secretly harvested and sold personal information to political consulting firm Cambridge Analytica, according to a lawsuit filed Wednesday by the District of Columbia. 

  • December 19, 2018

    Del. Justices Question Chancery's Oxbow Carbon Sale Order

    Delaware’s Supreme Court justices aimed sharp and sometimes skeptical questions Wednesday at a Chancery Court ruling that gave minority investors in William Koch’s Oxbow Carbon LLC clearance to force a sale of the multibillion-dollar business to pay for a buyout of their investment.

  • December 19, 2018

    House Tees Off Vote For Revised Tax Bill, But Fate Uncertain

    The House Committee on Rules voted late Wednesday to have the full U.S. House of Representatives consider a revised year-end tax deal that would revive and eventually phase out an expired tax credit for biodiesel, among other provisions.

  • December 19, 2018

    US Needs Tougher Tech Antitrust Enforcement, Sens. Hear

    U.S. authorities must more rigorously enforce antitrust laws to deter competition-eroding conduct by dominant technology platforms, competition scholars told lawmakers Wednesday.

  • December 19, 2018

    Ex-Goldman Sachs Banker Cops To Insider Trading

    A former Goldman Sachs banker pled guilty to insider trading in New York federal court Wednesday, admitting he had used his position with the Wall Street behemoth to access non-public information that helped him make more than $130,000 from illegal securities trades.

  • December 19, 2018

    NLRB GC Wants More Specifics On Joint Employer Proposal

    While many attorneys for businesses have welcomed without qualification the National Labor Relations Board’s proposal to narrow its joint employer liability test, one notable former member of the management-side bar has said the draft rule doesn’t go far enough: NLRB General Counsel Peter Robb.

Expert Analysis

  • Opening Comments: A Key Strategic Decision In Mediation

    Jann Johnson

    Opening comments by parties in mediation that are made with the proper content and tone can diffuse pent-up emotion and pave the way for a successful resolution. But an opening presentation can do more harm than good if delivered the wrong way, say Jann Johnson and William Haddad of ADR Systems LLC.

  • A Guide To Workplace Violence Prevention And Response

    Excerpt from Lexis Practice Advisor
    Elizabeth Harlan

    In this Lexis Practice Advisor excerpt, Elizabeth Harlan of Astrachan Gunst Thomas offers practical employer strategies for inhibiting and reacting to violence in the workplace.

  • Top 10 Whistleblowing And Retaliation Events Of 2018

    Steven Pearlman

    This year saw significant changes in the landscape of whistleblower and retaliation law, including a game-changing decision from the U.S. Supreme Court and the three largest bounty awards issued in the history of the U.S. Securities and Exchange Commission, say Steven Pearlman and Meika Freeman of Proskauer Rose LLP.

  • Why The High Court Will Hear Cochise Consultancy V. US

    Matthew Curley

    The U.S. Supreme Court recently agreed to hear Cochise Consultancy v. United States ex rel. Hunt, which deepened the circuit split over how the False Claims Act’s statute of limitations applies in certain qui tam actions. The decision should bring sorely needed clarity, say Matthew Curley and Scott Gallisdorfer of Bass Berry & Sims PLC.

  • Nonprofits And Volunteers: Understanding The Risks

    Ryan Portugal

    Nonprofit organizations commonly rely on volunteers to help achieve their mission. But circumstances in which volunteers can be treated as employees for purposes of tax, employment or negligence laws can have costly ramifications, says Ryan Portugal of Williams Parker Harrison Dietz & Getzen.

  • Will High Court Avoid Deadlock In Lorenzo?

    Susan Hurd

    Oral argument in Lorenzo v. U.S. Securities and Exchange Commission revealed clear divisions within the U.S. Supreme Court on the type of conduct that forms the basis of liability under Rule 10b-5, say attorneys with Alston & Bird LLP.

  • Class Cert. Evidence Standard Likely Headed To High Court

    Thomas Richie

    With circuit courts irreconcilably split on expert testimony at the class certification stage, the Ninth Circuit’s recent decision not to reconsider Sali v. Corona Regional Medical Center all but guarantees the issue will soon reach the U.S. Supreme Court, say Thomas Richie and John Goodman of Bradley Arant Boult Cummings LLP.

  • Foreign Tax Credit Guidance Provides Limited GILTI Relief

    Yomarie Habenicht

    Last week, the U.S. Department of the Treasury released over 300 pages of proposed foreign tax credit regulations providing partial relief for corporate taxpayers by limiting expenses allocated to the global intangible low-tax income basket, say attorneys from Proskauer Rose LLP.

  • In-House Counsel’s Role As Whistleblower

    Excerpt from Lexis Practice Advisor
    Devika Kewalramani

    In-house attorneys owe a duty of confidentiality to their corporate clients and are obligated to preserve attorney-client privilege. But they are also likely to be exposed to sensitive internal issues, thereby increasing the potential for circumstances where it might be appropriate to "blow the whistle," says Devika Kewalramani of Moses & Singer LLP.

  • A Few Ways Employers Can Avoid Holiday Legal Headaches

    Alex Aguilera

    Although legal compliance is a year-round job for employers, the end-of-the-year holiday season raises several additional considerations that make it more complicated, says Alex Aguilera of Seyferth Blumenthal & Harris LLC.