Corporate

Expert Analysis

• Top 10 Whistleblowing And Retaliation Events Of 2018

  

  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

  

  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

  

  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?

  

  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

  

  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

  

  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

  

  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

  

  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.

• 6 Lessons From Recent FMLA And ADA Decisions: Part 2

  

  In the final part of this article, attorneys with Dechert LLP discuss recent Family and Medical Leave Act and Americans with Disabilities Act cases that offer insights into issues such as determining when leaves of absence are too long and understanding examples of FMLA interference.

• A Closer Look At New Calif. Pension Fund Climate Law

  

  Landmark California legislation going into effect in January requires the two largest pension funds in the U.S. to publicly report on their climate-related financial risks, which should result in more widespread adoption of financial disclosure recommendations from the Financial Stability Board, say attorneys with CKR Law LLP.