• April 27, 2018

    USPTO Patent Eligibility Memo Will Boost Odds For Applicants

    A U.S. Patent and Trademark Office memo setting new criteria for when examiners can reject patent applications for claiming patent-ineligible material will bring more clarity to what has been a confusing process and should help applicants avoid rejections, attorneys say.

  • April 27, 2018

    Other Practices Scrutinized After PTAB Partial Reviews Axed

    Now that the U.S. Supreme Court has ruled the Patent Trial and Appeal Board must review all patent claims challenged in America Invents Act proceedings and not just some, experts say other practices at the PTAB — and even the U.S. International Trade Commission — may be called into question.

  • April 27, 2018

    Senate Democrats Float Bill To Curb Noncompete Agreements

    Sen. Chris Murphy, D-Conn., and two other Senate Democrats on Thursday unveiled legislation that would prohibit employers from locking workers into noncompete agreements and put violators on the hook for federal fines or private lawsuits.

  • April 27, 2018

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    Top Democratic representatives and senators on the labor appropriations subcommittees told the National Labor Relations Board’s general counsel they were concerned about his apparent discussions with a Littler Mendelson PC attorney, a panel of three general counsels from major technology companies underscored the importance of corporate attorneys increasingly driving business strategy, and a jury found an Atlanta attorney who shot his wife guilty of felony murder. These are some of the stories in corporate legal news you may have missed in the past week.​

  • April 26, 2018

    Senate Confirms 5 Nominees To FTC, Including Chair

    The U.S. Senate confirmed five nominees to the Federal Trade Commission on Thursday, providing reinforcement to the depleted commission.

  • April 26, 2018

    Divided 7th Circ. Revives Atty's Age Discrimination Suit

    A split Seventh Circuit panel held Thursday that the Age Discrimination in Employment Act bars discrimination not only against older employees but also older job applicants, according to a decision reviving an attorney’s case over his application for a general counsel job at CareFusion Corp.

  • April 26, 2018

    PTAB Unveils AIA Review Plans After High Court Shakeup

    The Patent Trial and Appeal Board revealed Thursday how America Invents Act reviews will be conducted now that the U.S. Supreme Court has ordered the board to decide the validity of every challenged patent claim, but attorneys say more about the new-look reviews will need to be fleshed out in future rulings.

  • April 26, 2018

    AARP, AGs Fight Invalidation Of Fiduciary Rule At 5th Circ.

    AARP and the attorneys general of California, New York and Oregon urged the full Fifth Circuit on Thursday to overturn a panel decision that invalidated the U.S. Department of Labor’s 2016 fiduciary rule, saying the rule is necessary to protect the retirement savings of millions of workers.

  • April 26, 2018

    Dems Pitch Bills To Promote Competition In Employment

    House Democrats revealed a package of legislation on Thursday aimed at curbing anti-competitive employment practices that would ban noncompete and no-poach agreements and require merger reviews to include scrutiny of a deal’s potential impact on employment and wages.

  • April 26, 2018

    Corporations Must Help Fight Cyber Threats, Deputy AG Says

    Amid concerns about the nation’s cybersecurity and threats from foreign hackers, American corporations should cooperate with the U.S. Department of Justice to defend against criminal activity, Deputy Attorney General Rod Rosenstein told a conference of corporate and insurance defense attorneys Thursday.

  • April 26, 2018

    No Consensus On Labor Law's Future After House Hearing

    Lawmakers and witnesses at a U.S. House of Representatives subcommittee hearing on Thursday on modernizing federal labor law agreed that the law needs updating but disagreed on how, as Republicans argued for more checks on unions and Democrats pushed to hammer employers that violate the National Labor Relations Act.

  • April 26, 2018

    Newark Discloses Amazon HQ Bid Amid Public Records Suit

    Newark released a redacted version Wednesday of its bid to land Amazon’s second U.S. headquarters amid a lawsuit from an open-government activist over the efforts of New Jersey's largest city to shield the document from public view, according to the man's attorney.

  • April 26, 2018

    Multistate Tax Commission Seeks Input On Remote Sellers Tax

    The Multistate Tax Commission voted Thursday to move forward with public hearings on a proposed statute that would standardize how remote retailers report customer purchasing data and tax liabilities to states.

  • April 26, 2018

    SD Online Tax Law Could Serve As Model For Other States

    States would be wise to use South Dakota’s remote seller taxation law as a road map for their own statutes if the state prevails in its landmark case before the U.S. Supreme Court, experts say.

  • April 25, 2018

    Retail Group, Symantec To Offer Workshops On Cyberthreats

    The retail industry's cyberthreat information-sharing alliance and Symantec Corp. are teaming up to host a series of regional workshops to provide information on how to best use cyberthreat intelligence to protect against attacks such as the ones that have hit major industry players such as Target Corp. and Chipotle Mexican Grill Inc. in recent years. 

  • April 25, 2018

    How The End Of PTAB Partial Reviews Will Impact Courts

    The U.S. Supreme Court’s ruling that the Patent Trial and Appeal Board must decide all challenged patent claims in America Invents Act reviews will reverberate well beyond the board, including to the Federal Circuit, which will likely see a spike in its workload. Here is a look at the ways other venues could be impacted.

  • April 25, 2018

    Facebook Investor Sues Over Cambridge Analytica Cover-Up

    Fallout over the Cambridge Analytica scandal continued Wednesday when a Facebook investor hit the social media giant’s leadership with a stockholder derivative suit in Delaware’s Chancery Court, seeking “extraordinary equitable relief” on claims that founder Mark Zuckerberg and the company’s top brass breached their fiduciary duty by hiding the scandal.

  • April 25, 2018

    Google Fights Uber's Intervention In Ex-Execs' Arbitration

    Google LLC told a California appeals court Wednesday that Uber Technologies Inc. shouldn’t be allowed to intervene in its arbitration with two former employees accused of defecting to Uber with stolen trade secrets, arguing during a hearing that Uber is not a party to it and "can't keep jumping in on the sidelines."

  • April 25, 2018

    SEC's $35M Yahoo Fine Lacks Bite Without Targeting Execs

    A $35 million SEC fine levied against Altaba Inc., the company formerly known as Yahoo, for failing to disclose a massive 2014 data breach is a wake-up call for other companies to put disclosure procedures in place and use them, but the message would have been louder and clearer had individual company executives been held liable, legal experts said Wednesday.

  • April 25, 2018

    Anthem Breach Attys' $38M Fee Ask Too High, Report Says

    A special master on Tuesday recommended knocking 25 percent off the $37.95 million in fees requested by 53 law firms in the Anthem Inc. data breach litigation, saying the contract attorney rates were too high and there was duplicated work between the firms.

Expert Analysis

  • Comparing Anti-Corruption Guidance In France, UK And US

    Philippe Bouchez El Ghozi

    France's corporate compliance guidelines are “inspired by the best international standards” and are generally similar to those outlined by authorities in the U.S. and U.K. But the 15,000-word French guidelines provide far more precise recommendations for certain compliance program elements, say Philippe Bouchez El Ghozi and Morgan Heavener of Paul Hastings LLP.

  • Standardized Term Sheets May Not Protect Your Interests

    Joshua Fox

    A quick internet search yields multiple versions of documents typically used for early-stage private financings. However, these standardized forms may inadvertently gloss over or neglect issues that can be critical to a startup’s long-term success, says Joshua Fox of WilmerHale.

  • What To Do After A Product Recall

    Derin Kiykioglu

    If a company facing a product recall has managed it effectively, the hardest part is probably over. But there are four key strategies companies should keep in mind to restore order and maintain brand loyalty following a recall, say Derin Kiykioglu and Jonathan Judge of Schiff Hardin LLP.

  • Should We Trust The Fiduciary Rule Is Gone?

    Robert Stone

    The U.S. Department of Labor's fiduciary rule has been challenged in court by various organizations on grounds that the agency exceeded its authority in promulgating it. Those challenges culminated in a recent decision by the Fifth Circuit to vacate the rule in U.S. Chamber of Commerce v. DOL, say Robert Stone and Shannon Smith of Katten Muchin Rosenman LLP.

  • Revamping Contracts For GDPR: 3 Ways To Prepare

    Mathew Keshav Lewis

    The EU's General Data Protection Regulation requirements — which take effect May 25 — create a substantial hurdle for thousands of companies worldwide and affect millions of vendor contracts, which now need to be reviewed, amended and potentially renegotiated, say Mathew Keshav Lewis and Zachary Foreman of Axiom Law.

  • What To Do During A Product Recall

    Derin Kiykioglu

    Maintaining consumer trust during a recall is key. When a company is transparent, consistent and responsive, it may maintain — and potentially surpass — prior levels of consumer satisfaction, say Derin Kiykioglu and Jonathan Judge of Schiff Hardin LLP.

  • IRS Previews Guidance On Interest Deduction Limitation

    Jiyeon Lee-Lim

    The Internal Revenue Service has issued a notice concerning the interest deduction limitation set forth in the Tax Cuts and Jobs Act. Upcoming Treasury regulations will address three key points, say attorneys at Latham & Watkins LLP.

  • Board Oversight Of Cybersecurity: 8 Considerations

    Jamie Gorelick

    With recent guidance from the U.S. Securities and Exchange Commission, we are at an inflection point for boards of directors in assessing how they oversee cybersecurity risks, say attorneys with WilmerHale.

  • What To Do Before A Product Recall

    Derin Kiykioglu

    Any company — no matter how well-run — may experience a consumer product recall. Managing recall risk is as much about being ready to respond to recalls properly as it is about preventing them, say Derin Kiykioglu and Jonathan Judge of Schiff Hardin LLP.

  • Goldilocks And The 3 Stable Value Fund Lawsuits

    Samuel Block

    The First Circuit recently upheld the dismissal of a claim that Fidelity Management Trust Company’s stable value fund was too conservative. While the decision may lead to fairy tale endings for First Circuit defendants, companies can't be as certain that these types of lawsuits — including those claiming funds are too risky or not offered at all — will never return, say attorneys with Mayer Brown LLP.