• January 19, 2018

    Government To Shut Down After Band-Aid Funding Falls Off

    The federal government is set to shut down early Saturday morning after Senate Democrats blocked a short-term funding measure, following a breakdown in spending negotiations and partisan wrestling over immigration policy.

  • January 19, 2018

    The American Arbitration Association Sets Agenda For 2018

    American Arbitration Association president and CEO India Johnson doesn't much care for it when arbitration is referred to as being big business, telling Law360 recently she considers arbitration a means of serving the public and providing a "solution to a problem." Here, Law360 takes a closer look at how the AAA and its International Centre for Dispute Resolution are focused in 2018 on improving their offerings by tackling issues like cybersecurity, arbitrator challenges, and greater cost savings for involved parties.

  • January 19, 2018

    Trump's First Year: Labor And Employment Report Card

    Saturday marks one year since President Donald Trump's inauguration, and the past 365 days have been nothing if not eventful, with the administration moving to fill key positions at agencies and weighing in on hot-button cases. Here, four experts grade the Trump administration's performance on labor and employment issues during its first year.

  • January 19, 2018

    NLRB Gets 2-Month Pause In McDonald's Case To Talk Deal

    A National Labor Relations Board judge on Friday granted the board’s general counsel a two-month pause near the end of a sprawling, yearslong trial over whether McDonald’s USA LLC and its franchisees are jointly liable for alleged labor law violations so that the parties can discuss a potential settlement.

  • January 19, 2018

    No Proof Yet That Tax Cuts Have Boosted US Economy

    The flood of bonuses and wage-increase announcements from retailers, banks and manufacturers can’t be held as a testament to the Republicans’ tax cuts, as analysts remain firm that these well-timed disclosures would have happened even without the recently passed tax legislation.

  • January 19, 2018

    Software Developer Gets 5 Years For Stealing Source Code

    A software developer arrested in late 2015, who pled guilty to economic espionage and theft of a trade secret in New York federal court, was sentenced Friday to five years in prison for stealing source code from his former employer, with apparent plans to sell it and use it for the Chinese government.

  • January 19, 2018

    Judge Won't Set EEOC Schedule On Wellness Program Rules

    A D.C. federal judge who recently ordered the U.S. Equal Employment Opportunity Commission to start over on its rules for workplace wellness programs has walked back his requirement that the agency issue public notice by August for replacement regulations, but said Thursday the existing rules must still be vacated in 2019.

  • January 19, 2018

    Brand Battles: Green Bay Packers Tackle 'Titletown' TM

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, the Green Bay Packers grapple with a newspaper giant over the nickname "Titletown," Sonic Drive-In tries to stop a craft brewer's "Sonic" cocktail, and Iceland protects its name against an unauthorized vodka brand.

  • January 19, 2018

    IRS Issues Guidance On Measuring Overseas Cash Earnings

    The IRS issued a notice on Friday, fleshing out more details on how companies can calculate their overseas earnings when they bring them back to the United States under the recently enacted tax overhaul.

  • January 19, 2018

    Banking Reg GCs Aim To Preserve 'Core' Dodd-Frank Reforms

    The general counsels at the nation's banking regulators said Friday that they are open to updating post-financial crisis banking safeguards, although the Federal Reserve Board’s GC said the “core reforms” will be preserved.

  • January 19, 2018

    How To Set Up A Legal Ops Function

    A legal operations function is a significant behavioral change for a law department, and although there isn't a required rubric to follow when establishing one, getting buy-in from executives and the general counsel is crucial from the start.

  • January 19, 2018

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    The Federal Communications Commission chairman prodded broadcasters to transmit Blue Alerts, Al Jazeera's former general counsel joined DLA Piper in Qatar and the U.S. Supreme Court declined to hear a trio of employment cases. These are some of the stories in corporate legal news you may have missed in the past week.

  • January 18, 2018

    US, EU Lawmakers Back Microsoft In Overseas Data Row

    The fight over whether the federal government can access data stored abroad by Microsoft continued to heat up Thursday, with the U.S. Supreme Court fielding briefs from U.S. and European lawmakers, Facebook, Google and dozens of others that supported the tech giant's stance that U.S. law doesn't allow authorities to reach this data. 

  • January 18, 2018

    Mexico Looks To Woo Investors Even As Trade Talks Drag On

    Mexico's decision last week to allow disputes to be brought against it at the International Centre for Settlement of Investment Disputes sends a "loud message" that the country is open for business, attorneys say, regardless of what happens in trade talks with its North American neighbors.

  • January 18, 2018

    Strip Club Can’t Enforce 'Sham' Arbitration Pacts: 4th Circ.

    A South Carolina strip club can’t force dancers who opted into a minimum wage and overtime collective action to arbitrate their claims, the Fourth Circuit ruled Thursday, saying the club only tried to enforce "sham" arbitration agreements after coming up short in court.

  • January 18, 2018

    2 State-Level Developments Employers Might Have Missed

    Two key employment developments took place recently, with Pennsylvania’s governor proposing on Wednesday a sweeping expansion of overtime coverage for salaried workers while Maryland became the latest state to adopt a paid sick leave program.

  • January 18, 2018

    Cybersecurity Remains Top Risk For Banks, OCC Says

    Cyberattacks and anti-money laundering compliance remain among the biggest threats that the U.S. banking sector faces in a relatively strong economy and rising interest rate environment, the Office of the Comptroller of the Currency said on Thursday.

  • January 18, 2018

    CFIUS Changes Could Harm Export Regime, Panel Says

    Proposed changes to the Committee on Foreign Investment in the United States could be beneficial to U.S. national security, but lawmakers should be careful not to unintentionally stifle outbound investment, a panel of experts told the Senate Committee on Banking, Housing and Urban Affairs on Thursday.

  • January 18, 2018

    Amazon Trims List Of 'HQ2' Contenders To 20

    Amazon pared down its list of potential locations for a second North American headquarters to 20, saying Thursday it will decide from a select group of candidates that includes New York City, Los Angeles, Chicago, Austin, Philadelphia, Miami and Newark, New Jersey.

  • January 18, 2018

    4 Things To Keep In Mind When Negotiating Retail Leases

    As the retail landscape continues to shift from brick-and-mortar to online shopping, landlords and tenants are carefully reviewing lease agreements to ensure their respective concerns about the sector are addressed. Here, Law360 looks at four aspects of retail lease negotiations lawyers should be aware of.

Expert Analysis

  • How The Cybersecurity Legal Landscape Changed In 2017

    Jonathan Kolodner

    Over the last year, the existential risk posed by cyberattacks and data security vulnerabilities has become one of the top concerns for boards of directors, management, government agencies and the public. 2017 was punctuated by a series of headline-grabbing breaches, fast-moving regulatory developments around the globe, and record-breaking settlements by companies, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • Using Section 83(i) To Take Advantage Of New Tax Code

    Marc Fosse

    Last month the Tax Cuts and Jobs Act introduced a new section of the Internal Revenue Code that provides for the deferral of taxation on certain qualified equity grants to employees of eligible corporations. Marc Fosse and Angel Garrett of Trucker Huss APC explain why qualified equity grants can be a helpful tax strategy for employees and an excellent recruiting, retention and incentive program for employers.

  • Key Takeaways From FTC’s VTech Privacy Enforcement

    Behnam Dayanim

    Up close, the Federal Trade Commission's recent settlement with VTech is significant because it is the first children’s privacy case that involves internet-connected toys. But taking a step back, this action is just the latest in a string of recent regulatory pronouncements related to the internet of things and related corporate cybersecurity practices, say attorneys with Paul Hastings LLP.

  • Will Crisis Management Insurance Cover Ransomware?

    Jeffrey Weinstein

    Kidnap, ransom and extortion insurance policies are now under increased scrutiny by insureds seeking potential coverage for ransomware attacks. Determining whether or not these attacks constitute extortion will raise new questions and issues, say Jeffrey Weinstein and Bruce Kaliner of Mound Cotton Wollan & Grreengrass LLP.

  • 4 Issues Of Interest From Revived DOL Opinion Letters

    Shlomo Katz

    Seventeen opinion letters that were signed by the administrator of the U.S. Department of Labor's Wage and Hour Division in the closing days of the George W. Bush administration, but never mailed, were recently issued formally. Addressing a range of Fair Labor Standards Act issues, they provide insight into how the current DOL will enforce the law, says Shlomo Katz of Brown Rudnick LLP.

  • New Delaware Case Sounds Alarm On Federal-Forum Bylaws

    Kevin LaCroix

    A recently filed Delaware shareholder suit against three companies that have adopted bylaws designating federal courts as the exclusive forum for resolving securities claims makes clear that we are in for another round of controversy surrounding litigation management bylaws, says Kevin LaCroix of RT ProExec.

  • Structuring Unpaid Internships After Wang V. Hearst

    Michael Pepperman

    The Second Circuit's recent decision in Wang v. Hearst Corporation, coupled with a recent announcement from the U.S. Department of Labor, demonstrates that the flexible, multifactor “primary beneficiary” test for unpaid interns established in Glatt v. Fox Searchlight Pictures is now easier for employers to satisfy, say Michael Pepperman and Ivo Becica of Obermayer Rebmann Maxwell & Hippel LLP.

  • Ericsson Ruling Provides Guidance On FRAND Royalty Rates

    Fei Deng

    A California district court's recent decision in TCL v. Ericsson offers two practical approaches that can be used by implementers and standard-essential patent holders, as well as other courts, to assessing a fair, reasonable and nondiscriminatory royalty rate, say Fei Deng and Mario Lopez of Edgeworth Economics LLC.

  • Considerations For The 2018 Proxy Season: Part 3

    Brian Breheny

    In the concluding part of this series, attorneys with Skadden Arps Slate Meagher & Flom LLP focus on financial disclosures and related U.S. Securities and Exchange Commission enforcement trends, SEC guidance and trends in cybersecurity matters, and recent developments in insider trading laws and policies.

  • A Survey Of In-House Attorney Views On Trade Secrets

    David Almeling

    In an attempt to peek behind the corporate curtain and pick the brains of those with unrivaled access to their companies’ trade secrets, we surveyed 81 in-house attorneys who work on trade secret issues. We discovered many interesting findings — and one alarming trend, say attorneys with O’Melveny & Myers LLP.