• February 1, 2018

    3 Big Lessons From 4th Circ.'s DMCA Ruling

    The Fourth Circuit issued a major ruling in a closely-watched copyright case Thursday, offering up important guidance on Digital Millennium Copyright Act and online piracy. Here are the three big lessons you need to know.

  • February 1, 2018

    Dip In 2017 Corporate FCPA Actions: A Ripple Or Sea Change?

    Foreign Corrupt Practices Act enforcement actions against corporations plummeted during President Donald Trump’s first year, according to a new report by Jones Day, but it remains unclear whether the drop-off is the result of a policy shift in line with new prosecutorial guidance or an anomaly.

  • February 1, 2018

    German Watchdog To Probe Google, Facebook Online Ads

    Germany's competition regulator on Thursday became the latest enforcer to open a probe into whether Facebook, Google and other major digital platform providers are using their market power to harm competition and block access to valuable consumer data in the online advertising marketplace. 

  • February 1, 2018

    Racial Bias Persists At Morgan Stanley, Fired Exec Claims

    Nearly a decade after Morgan Stanley agreed to make programmatic changes to increase employee diversity and pay $16 million to settle racial-bias claims, the firm’s discriminatory policies and practices “continue in full force,” according to a fired executive’s federal suit filed Thursday in New York.

  • February 1, 2018

    Stock Issuance Void In Tony Roma's Board Row: Chancery

    The Delaware Chancery judge presiding over a fight about the board composition for the company that owns the Tony Roma's restaurant chain ruled Thursday that a stock issuance designed to dilute an investment fund’s holdings and prevent a takeover was void and can’t be used to calculate shareholder votes.

  • February 1, 2018

    Advocates Slam DOL For Allegedly Hiding Tip Pool Data

    Democratic politicians and worker advocates are pressuring the U.S. Department of Labor to abandon a proposal to rescind a 2011 rule blocking businesses from redistributing workers’ tips, in the wake of a Thursday report that the agency hid an analysis showing the rule could let employers pocket billions of dollars in workers’ tips.

  • February 1, 2018

    Atty Group Skewers $300K Apple Sanctions In Qualcomm Row

    A legal industry advocacy group asked a California federal judge Wednesday to lift a $300,000 sanction levied on third party Apple for missing a deadline to produce documents requested by Qualcomm in antitrust suits brought against it by the Federal Trade Commission, saying the penalty was “completely out of step” with the law.

  • February 1, 2018

    DOJ Has Sharpened Its Focus On Structural Merger Fixes

    Recent enforcement actions and policy pronouncements by the U.S. Department of Justice Antitrust Division’s new leadership have signaled an increased focus on the agency’s preference for divestitures, rather than agreements that mandate ongoing conduct, to alleviate competitive concerns raised in merger reviews. But there are questions about how far this policy will go and what it means for practitioners.

  • February 1, 2018

    MillerCoors Asks To Block Strategist's Move To Competitor

    MillerCoors asked an Illinois state judge on Wednesday to block its top strategist from joining the team at Corona and Modelo maker Constellation Brands, saying his actions both before and after his departure violate several restrictive covenants he agreed to upon starting with the company.

  • February 1, 2018

    New DOL Contractor Watchdog Charts Cooperative Path

    Business advocates who on Wednesday attended one of a series of meetings with the new head of the U.S. Department of Labor’s contractor watchdog say they came away confident the office will be transparent and willing to help contractors comply with federal discrimination laws, two things they say the Obama administration wasn’t.

  • February 1, 2018

    Simpson Thacher Hires JPMorgan Vice Chairman, Ex-GC

    Simpson Thacher & Bartlett LLP will expand its securities litigation practice with the hire of the vice chairman of JPMorgan Chase & Co., who brings to the firm his background as general counsel for the holding company as well as his experience investigating Enron and WorldCom at the U.S. Securities and Exchange Commission.

  • January 31, 2018

    FTC’s New Antitrust Tilt To Narrow Its Privacy Focus

    The Federal Trade Commission is likely to continue to dominate as the nation's top privacy and data security enforcer even after a new slate of commissioners with primarily antitrust backgrounds is confirmed, but the new leaders may be more selective in the types of consumer harms they choose to pursue, attorneys say.

  • January 31, 2018

    CFPB Constitutional Fight Faces Tough Supreme Court Path

    Although mortgage servicer PHH Corp. lost its constitutional challenge to the Consumer Financial Protection Bureau's structure on Wednesday at the D.C. Circuit, the path forward for any appeal to the U.S. Supreme Court remains extremely complicated, experts say.

  • January 31, 2018

    Oracle 401(k) Participants Win Class Cert. In ERISA Suit

    A Colorado federal judge on Tuesday granted class certification to tens of thousands of Oracle Corp. 401(k) plan participants in an Employee Retirement Income Security Act suit alleging the technology company racked up excessive record-keeping fees and retained poorly performing funds. 

  • January 31, 2018

    Deals Rumor Mill: CBS, Liberty Mutual, Avast Software

    The CBS Corp. board is reportedly discussing a potential merger with Viacom Inc. on Thursday, Liberty Mutual is shopping around its private equity and real estate stakes, and Avast Software has tapped banks for its London initial public offering.

  • January 31, 2018

    GAO Blocks Big Biz Protest On FDA Small Biz Software Deal

    The U.S. Government Accountability Office dismissed a regulatory writing business's challenge to a U.S. Food and Drug Administration software support deal, finding in a decision made public Tuesday that alleged technical risks are not a basis for granting an exception to the usual prohibition on large businesses challenging contracts that have been set aside for small businesses.

  • January 31, 2018

    Fired HSBC Veep's Retaliation Case Deep-Sixed By 2nd Circ.

    The Second Circuit on Wednesday shut down a challenge to a jury verdict in favor of HSBC Securities against former bank senior vice president Mike Picarella, who claimed his 2015 firing came in retaliation for his decision to stick up for a coworker who was harassed.

  • January 31, 2018

    Toys R Us Ch. 11 Landlord Deal Could Be Model For Retailers

    In a grand bargain covering some attorney fees for its commercial landlords, Toys R Us Inc. bought more time to decide which store leases it wants to reject in bankruptcy, creating what some experts say could be a practical template for other large retailers abruptly forced into filing for Chapter 11.

  • January 31, 2018

    EU Says Data-Protection Rights Not Negotiable In Trade Talks

    The European Commission has approved measures that would keep the European Union’s personal data-protection rights from being subject to EU trade agreement negotiations, the EC announced on Wednesday.

  • January 31, 2018

    The Top In-House Hires Of January

    January's notable legal department hires included new general counsel at multimedia content publisher XO Group Inc., biopharmaceutical company MyoKardia Inc. and security services group Securitas AB.

Expert Analysis

  • Opinion

    This Year, Let’s Invest In Lawyer Resiliency

    Highly profitable companies have comprehensive corporate wellness programs that realize plateauing health care costs, greater employee engagement, and a demonstrable competitive advantage. The legal field needs a similar awakening, says Rudhir Krishtel, a former partner of Fish & Richardson and senior patent counsel at Apple.

  • 5 Legal Technology Predictions For 2018

    Jeff Ton

    While each new year is expected to bring fresh challenges to the legal industry, 2018 will be particularly disruptive to the status quo. Both law firms and organizations that cater to the legal community should prepare for developments like increasing pressure from international clients and data security risks caused by multigenerational gaps, says Jeff Ton of Bluelock LLC.

  • Apple’s Unsuccessful Test Of SEC Proxy Guidance

    Arthur Kohn

    Many commentators assumed that new guidance released in November for excluding shareholder proposals from proxy materials signaled a new willingness by the U.S. Securities and Exchange Commission to defer to companies. However, Apple’s recent unsuccessful request indicates that a citation of board process will not give companies an automatic pass, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • Back To The Future For The NLRB

    Stephen Roppolo

    The National Labor Relations Board recently overturned several fairly short-lived, Obama-era precedents during the last week of outgoing Chairman Philip Miscimarra’s tenure. Of those decisions, two in particular stood out: Specialty Healthcare and DuPont, says Stephen Roppolo of Fisher Phillips.

  • Considerations For Financial Disclosures After Tax Reform

    Laura Richman

    Based on guidance recently issued by the U.S. Securities and Exchange Commission, companies should consider their approach for disclosing the accounting impacts of the Tax Cuts and Jobs Act before filing their financial statements, say attorneys with Mayer Brown LLP.

  • Litigation Finance Trends To Watch In 2018

    Jay Greenberg

    Jay Greenberg and Max Volsky, co-founders of litigation finance platform LexShares Inc., analyze emerging trends based on conversations with their investors and executives in this rapidly evolving sector.

  • New Year's IP Resolutions For Companies

    Ann Fort

    As we all look to improve in the new year, there are seven best practices that everyone with a patent and trademark portfolio should put on their to-do list, say attorneys with Eversheds Sutherland LLP.

  • The Enneagram And The Practice Of Law

    Jennifer Gibbs

    Study of the Enneagram personality typing system can provide attorneys with better insights into themselves, and into those they interact with professionally, including clients, opposing counsel and judges, says Jennifer Gibbs of Zelle LLP.

  • Exploring The Future Of China's Belt And Road Initiative

    Bo Zhou

    Improvements in global trade inevitably impact labor, and it’s expected that China's Belt and Road Initiative will undoubtedly impact labor conditions in the U.S. However, from a legal perspective, predicting how the law could evolve as a result of those changes may be more difficult, says Bo Zhou of Fangda Partners.

  • How Gov't Cyber Efforts Will Affect Companies This Year

    Megan Brown

    2018 will be a busy year for federal cybersecurity activity. There are eight expected developments that will raise the stakes for the private sector, say attorneys with Wiley Rein LLP.