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Corporate

  • July 26, 2018

    Act Swiftly On Cybersecurity, GAO Tells Gov't, Providers

    The U.S. Government Accountability Office cautioned that the federal government and providers of critical infrastructure services need to take immediate action to address cybersecurity concerns, saying information security remains a high-risk area in light of ever-increasing threats and continued vulnerabilities.

  • July 26, 2018

    Starbucks Can't Skim Minutes, Calif. High Court Says

    The California Supreme Court ruled Thursday that Starbucks must pay workers for minutes regularly spent on off-the-clock tasks, saying an ex-worker's putative class action on state wage claims isn't barred by a federal standard limiting lawsuits over small increments of unpaid time.

  • July 26, 2018

    Why In-House Attys Must Buck Up And Work With Regulators

    Too many in-house lawyers and other business leaders are hesitant to truly ​get in the sandbox ​and work with regulators on ​shaping ​policies ​that could have a huge ​impact on their technology, according to experts, who warn that the downside could be policies that hamper ​the benefits of ​innovation and companies’ ​bottom lines. ​

  • July 26, 2018

    Qualcomm Nixes $44B NXP Takeover

    California-based Qualcomm on Thursday ended its planned acquisition of NXP Semiconductors nearly two years after inking the $44 billion deal, once it became clear the tie-up would not be approved in China.

  • July 25, 2018

    How To Use Insurance To Shield Against Cryptocurrency Risks

    As cryptocurrencies continue their meteoric rise, companies in the space are facing an expanding range of risks, including the threat of large-scale theft and class actions filed by disgruntled investors in funding ventures known as initial coin offerings. Here, Law360 looks at some of the perils faced by cryptocurrency businesses, and how insurance may help shield against those risks. 

  • July 25, 2018

    Market Volatility Pushes Surge Of First-Half Class Actions

    A recent increase in stock market volatility contributed to an ongoing surge in federal securities class action suits that saw 204 new cases filed in the first six months of 2018, amounting to twice the first-half average of the past two decades, according to the author of a new report released Wednesday.

  • July 25, 2018

    9th Circ. Likely Won't Have Last Word On ERISA Arbitration

    The Ninth Circuit's ruling Tuesday that arbitration agreements signed by individual University of Southern California workers did not bar them from suing the school on behalf of its employee retirement plan broke ground and could eventually lead to a circuit split over whether Employee Retirement Income Security Act fiduciary-breach claims can be forced into arbitration.

  • July 25, 2018

    NH Lawmakers Spar, Nix Bill To Combat Wayfair Ruling

    New Hampshire’s state legislators scrapped a bill Wednesday designed to protect in-state remote sellers from being subjected to sales and use tax after the U.S. Supreme Court's landmark Wayfair ruling, as lawmakers took umbrage with the bill’s provisions and what they said was a dearth of authors.

  • July 25, 2018

    Novo Nordisk Says Execs Didn't Hide Insulin Sales Woes

    Danish insulin maker Novo Nordisk A/S on Wednesday urged a New Jersey federal judge to dismiss a proposed class action accusing it of misleading investors about its financial sustainability amid U.S. market pressures, arguing that the suing investors haven't pointed to any specific misrepresentations knowingly made by company executives.

  • July 25, 2018

    Nestle Loses Battle In KitKat Trademark War

    Europe's highest appeals court on Wednesday rejected an appeal from Nestle SA over the shape of the KitKat bar, sending a long-running trademark fight with Mondelez International Inc. back to the European Union's intellectual property agency.

  • July 25, 2018

    Worker's 'Arguably Vulgar' Writing Protected, NLRB Says

    An aluminum worker was protected by the National Labor Relations Act when he wrote an “arguably vulgar” phrase on a work sign-up sheet to protest a new overtime policy his union opposed, a National Labor Relations Board majority said Tuesday in an order reversing a judge’s ruling.

  • July 25, 2018

    Chevron Raises Bribe Claims Before Ex-Worker's Sentencing

    Chevron Corp. urged a Houston federal judge on Tuesday to consider kickback allegations that prosecutors have agreed to drop against a former Chevron employee when sentencing him on a related tax charge to which he has agreed to plead guilty.

  • July 25, 2018

    DOL Accuses Tech Co., Exec Of Pocketing 401(k) Plan Assets

    The U.S. Department of Labor has accused a web design tech company and its top executive in New York federal court of not making required employer contributions or depositing payroll deductions into employees' 401(k) accounts and using the money for themselves instead.

  • July 25, 2018

    From Billable Hours To Bedtime Stories: Lawyering With Children

    Attorneys are clocking more billable hours than ever before, and when children enter the picture, the demands on their time and finances can drive stress levels to new heights.

  • July 25, 2018

    Facebook GC Will Step Down At The End Of 2018

    Facebook General Counsel Colin Stretch has announced his plans to leave the social media giant at the end of the year, as the company continues to be embroiled in a slew of scandals including investigations into its data privacy practices and efforts to combat misinformation.

  • July 24, 2018

    Target's $9M PAGA Deal Ending Seating Suits OK'd

    A California judge said Tuesday he’ll approve Target Corp.’s $9 million settlement resolving several suits alleging that the retailer violated the state's Private Attorneys General Act by failing to provide seating for more than 90,000 cashiers, calling it a model deal while expressing discomfort with its 40 percent attorneys' fee award.

  • July 24, 2018

    9th Circ.’s Shift From Arm’s-Length Rule May Embolden IRS

    The Ninth Circuit’s revival of an IRS cost-sharing regulation previously invalidated by the U.S. Tax Court throws into disarray multinational companies’ expectations that they can rely on the arm’s-length standard to craft agreements for sharing research and development costs.

  • July 24, 2018

    Facebook To End Discriminatory Ad Option: Wash. AG

    Facebook signed a legally binding agreement with Washington state requiring the social media giant to stop allowing third-party advertisers to exclude ethnic and religious minorities, immigrants, LGBTQ individuals and other protected groups from seeing their ads, the Evergreen State’s attorney general announced Tuesday.

  • July 24, 2018

    6th Circ. ADA, FMLA Case A Cautionary Tale For Employers

    A recent Sixth Circuit ruling reviving allegations that Ohio's College of Wooster violated federal laws by firing a worker who asked to extend her part-time schedule while she dealt with postpartum depression underscores the perils employers face when they don't carefully consider disabled workers' requests for help doing their jobs, attorneys say.

  • July 24, 2018

    Sinclair Begged To Explain Divestitures To FCC, Docs Show

    Sinclair Broadcast Group Inc. pleaded with FCC Chairman Ajit Pai to postpone sending its proposed acquisition of Tribune Media Co. to an administrative law judge, saying the agency blindsided it with the suggestion that Sinclair had not been candid about three planned divestitures, emails released Monday show.

Expert Analysis

  • How To Structure Employee Stock Options In Israel

    Barbara Klementz

    The Israeli Supreme Court recently ruled that stock-based compensation has to be included in the cost base of Israeli subsidiaries of multinational companies. Barbara Klementz of Baker McKenzie LLP discusses how companies can best obtain a tax deduction for awards granted to Israeli employees.

  • Roundup

    From Lawmaker To Lawyer

    From Lawmaker To Lawyer

    Earlier this year, Rep. Trey Gowdy, R-S.C., made headlines with his decision to leave Congress and return to law. ​​In this series, former members of Congress who made that move discuss how their experience on the Hill influenced their law practice.

  • Begin Review Of 403(b) Plans Now: It's Later Than You Think

    Denise Pino Erwin

    The Internal Revenue Service's March 31, 2020, deadline for remedial amendment of 403(b) plan documents is not as far off as it seems. If remediation is needed, it will take time, so public schools and other eligible tax-exempt organizations should move plan review to the top of their to-do lists now, say Denise Erwin and Sarah Bhagwandin at Bryan Cave Leighton Paisner LLP.

  • Heads IRS Wins, Tails Taxpayers Lose In Section 965 Notice

    Ellen McElroy

    Notice 2018-26, recently issued by the IRS to clarify Section 965 — which imposes a transition tax on certain previously untaxed foreign earnings — leaves gaps in guidance that could lead to taxpayer uncertainty as well as imposes some excessive and burdensome requirements, say attorneys at Eversheds Sutherland LLP.

  • Director Independence Disclosures: Be Careful What You Say

    Courtney Worcester

    Both stockholder plaintiffs and the Delaware courts are increasingly relying on company filings to assess director independence and the existence of a controlling stockholder. Companies should therefore draft independence disclosures not only to comply with the exchange rules, but also with an eye to their potential use in litigation, say attorneys with Foley & Lardner LLP.

  • Opinion

    A Trump Supreme Court Nominee Can Be Defeated

    Nan Aron

    The Senate Republican leadership and the Trump administration are racing to fill Justice Anthony Kennedy’s spot on the U.S. Supreme Court. Does opposition to their plans have any chance of success? My answer is yes, because the stakes are so high, people are so engaged, and the records of those short-listed are so deeply troubling, says Nan Aron, president of Alliance for Justice.

  • Limiting Law Firms' Professional Liability Risks: Part 3

    Stuart Pattison

    As clients increasingly look to limit their own liability exposure, they can reasonably expect that their retained counsel should do the same. In this context, a carefully crafted, thoughtfully presented engagement letter can help a law firm strike a successful balance between protecting itself and preserving a client relationship, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.

  • New Stats On Millennial Attorney Disciplinary Actions

    Jean Edwards

    In this analysis of disciplinary action trends in the legal industry, Edwards Neils LLC managing member Jean Edwards examines data provided by bar organizations for 17 states and the District of Columbia.

  • A Cloud On The Horizon: Trade Secret Theft In The Cloud

    Amy Van Zant

    Although courts and companies have at times struggled to keep pace with the rapidly evolving challenges surrounding the use of cloud-based software, some best practices have emerged from the body of case law addressing claims of cloud-based appropriation of trade secrets, say attorneys with Orrick Herrington & Sutcliffe LLP.

  • Limiting Law Firms' Professional Liability Risks: Part 2

    Stuart Pattison

    With law firms increasingly exposed to professional liability risks associated with their corporate client relationships, firms must craft well-structured client engagement letters to help protect against malpractice claims. Two key elements of an engagement letter are how it defines the scope of engagement and how it handles conflicts of interest, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.