• September 19, 2017

    Equifax Probes Take Data Breach Scrutiny To Next Level

    The rash of investigations launched in the wake of Equifax's massive data breach signal a more open and aggressive approach to policing such incidents that is likely to leave companies rethinking their plans for responding to cyberattacks and cooperating with officials, attorneys say.

  • September 19, 2017

    TJ Maxx Shoppers Seek OK On $8.5M Merch-Credit Settlement

    T.J. Maxx, HomeGoods and Marshalls shoppers accusing the retailers of using misleading price tags asked a California federal judge Monday to initially approve an $8.5 million settlement offering merchandise credits to the 8 million members of the class, saying if the case is litigated, they risked recovering “nothing.”

  • September 19, 2017

    'Corporate Integration' Plan May Be Part Of Tax Reform Talks

    The top-secret tax reform meetings between congressional leaders and administration officials may include proposals to integrate corporate and individual income tax laws to prevent double taxation of corporate income — an idea corporations may be ambivalent about, even if it reduces their tax burden, as it could create pressure to make more shareholder distributions.

  • September 19, 2017

    Trump Administration Backs 'Last Chance' ACA Repeal Bill

    The White House started a public push for the latest Affordable Care Act repeal bill Tuesday as the Senate dropped bipartisan reform efforts.

  • September 19, 2017

    FTC Chief Says Real Consumer Harms Must Guide Cases

    Federal Trade Commission acting Chairman Maureen K. Ohlhausen said Tuesday that the agency should focus on “substantial consumer injury” when deciding which cases to pursue, including when considering “informational injury” of the kind caused in consumer and privacy cases.

  • September 19, 2017

    EEOC Noms Stress Negotiation, Guidance At Senate Hearing

    Nominees to fill two Equal Employment Opportunity Commission vacancies said they would emphasize guidance and negotiation over lawsuits at a largely collegial Senate confirmation hearing Tuesday, but would not commit to standing by the agency’s stance that Title VII bars employers from discriminating against the LGBTQ community.

  • September 19, 2017

    TGI Friday's Cuts $19.1M Deal To End Wage Action

    Attorneys representing a putative class of 28,800 TGI Friday’s tipped workers have struck a $19.1 million settlement with the restaurant chain and its former owners that would resolve claims alleging they violated multiple state and federal wage statutes, according to court documents filed in New York federal court.

  • September 19, 2017

    Toys R Us Heads Into Bankruptcy Ahead Of Holiday Season

    Weighed down by more than $5 billion in funded debt and increasingly tougher online competition, iconic toy retailer Toys R Us Inc. filed for bankruptcy late Monday with plans to restructure its balance sheet and inject more than $1 billion in new investments into its global businesses.

  • September 19, 2017

    European Commission To Sharpen Response To Cyberattacks

    The European Commission rolled out a package of policies on Tuesday aimed at stepping up the bloc’s cybersecurity capabilities, including plans for a new EU-level cybersecurity agency to help member states deal with cyberattacks and the implementation of a more standardized criminal law response.

  • September 19, 2017

    Walgreens' $4.4B Rite Aid Buy Advances Despite FTC Friction

    Walgreens said Tuesday it will move forward with its acquisition of 1,932 Rite Aid stores — about 250 less than initially planned — for $4.375 billion, after the reworked deal was approved by the U.S. Federal Trade Commission despite disagreement between the only two commissioners.

  • September 18, 2017

    3 Takeaways From Delaware's TC Heartland Venue Guidance

    The District of Delaware's chief judge recently held in two rulings that companies must have permanent ties to the state to face patent suits there following the U.S. Supreme Court's TC Heartland ruling, and his analysis could keep many generic-drug cases in his court. Here's what attorneys can learn from the decisions.

  • September 18, 2017

    Merger Bills Show Dems Embracing Antitrust Enforcement

    A pair of bills recently released by Senate Democrats to combat corporate consolidation may be destined for the scrap heap, but the legislation and the support it has garnered among Democrats show that aggressive antitrust enforcement could come to play a central role in the party's agenda.

  • September 18, 2017

    Chipotle Worker Sexually Harassed, Locked In Freezer: EEOC

    Workers at a California Chipotle locked a coworker in a walk-in freezer after he reported their manager for sexual harassment that included her propositioning him and pantomiming sex acts with vegetables, the U.S. Equal Employment Opportunity Commission charged Monday in California federal court.

  • September 18, 2017

    Deals Rumor Mill: Toys R Us, Rolling Stone, Walgreens

    Toys R Us could file for bankruptcy protection this week, the founder of Rolling Stone is putting the magazine up for sale, and Walgreens may finally be able to complete its $1.575 billion deal to acquire more than 2,100 Rite Aid stores.

  • September 18, 2017

    DOL Defends Authority To Issue Fiduciary Rule At DC Circ.

    The U.S. Department of Labor told the D.C. Circuit on Friday that it had the authority to promulgate its fiduciary rule for retirement account advisers, disputing the National Association for Fixed Annuities’ claim that the rule runs contrary to congressional intent.

  • September 18, 2017

    Stanford Ponzi Scheme Receiver Battles Ex-GC For Records

    The receiver unwinding Robert Allen Stanford's $7 billion Ponzi scheme asked a Texas federal judge Thursday to force Stanford's former general counsel to show why he hasn't produced requested documents regarding his bank accounts and properties in Texas and Florida in the receiver's clawback suit targeting Stanford's legal advisers.

  • September 18, 2017

    US Trade Rep Slams China's 'Mercantilist' Onslaught

    U.S. Trade Representative Robert Lighthizer said Monday that confronting China’s “mercantilist” policies remains a top priority for the Trump administration, along with focusing on bilateral deals and ensuring that American companies can compete without running up against unfair barriers or undue advantages for their peers.

  • September 18, 2017

    Delaware Loses Face Despite Biz-Friendly Moves

    Delaware’s reputation has fallen off its perennial pedestal as the friendliest litigation hub for business, and both political and judicial decisions that shocked the corporate world are getting blamed — ironically against a backdrop of other court rulings perceived as too cozy for corporations, experts say.

  • September 18, 2017

    2nd Circ. Won't Revive FedEx Package-Weight RICO Suit

    The Second Circuit on Monday rejected an internet retailer’s Racketeer Influenced and Corrupt Organizations suit accusing FedEx Corp. of improperly calculating the weight of packages, saying FedEx and its subsidiaries are not sufficiently distinct to be held liable for fraud claims.

  • September 18, 2017

    Mary Kay Workers Say Exotic Dancer Ruling Revives Suit

    The leader of a proposed class of Mary Kay Inc. workers seeking to revive a lawsuit alleging the company forced beauty consultants to buy company merchandise as part of their employment has told the Third Circuit that its recent decision in a class action over underpayment at a New Jersey adult nightclub supports their claims.

Expert Analysis

  • Extreme Weather Fuels New Climate Change Litigation Trend

    Michael McDonough

    As federal efforts to roll back environmental regulations from the Obama era continue, environmental groups have been increasingly filing lawsuits against industry alleging damages related to climate change impacts. The most recent lawsuits show that extreme weather events such as Hurricanes Harvey and Irma likely will intensify this trend, say Michael McDonough and Stephanie Amaru of Pillsbury Winthrop Shaw Pittman LLP.

  • When A SOX Whistleblower Claim Applies Extraterritorially

     Matthew LaGarde

    The recent decision from the U.S. Department of Labor's Administrative Review Board in Blanchard v. Exelis Systems is important because it makes clear that, so long as the misconduct reported by the employee affects the United States in “some significant way,” the Sarbanes-Oxley Act will apply extraterritorially, says Matthew LaGarde of Katz Marshall & Banks LLP.

  • Financial Crisis Anniversary

    2 Pillars Of Commonsense Reform

    Norm Champ

    The financial crisis was deepened by the unintended consequences of government action, and recovery was stifled by a regulatory response that neither addressed the fundamental causes of the crisis nor helped protect against a future one, says Norm Champ, partner at Kirkland & Ellis LLP and former director of the SEC Division of Investment Management.

  • Financial Crisis Anniversary

    Trends In Credit Crisis Settlements

    Faten Sabry

    Between 2007 and July 2017, settlements related to the financial crisis totaled $133.2 billion. Ten years after the onset of the crisis, members of NERA Economic Consulting analyze the “settlement ratio” for select mortgage-backed securities settlements and other trends.

  • Equifax Brings Early Lessons On Insider Trading Policies

    Gary Tygesson

    Insider trading allegations have surfaced at Equifax, where three executives sold nearly $2 million in shares of the company’s stock days after the cyberattack was discovered but before the news was announced. The situation raises a number of fundamental questions about Equifax’s insider trading policy, say Gary Tygesson and Cam Hoang of Dorsey & Whitney LLP.

  • Standard Insurance Policy May Cover Government Subpoena

    Daniel Wolf

    Even though most in-house counsel know all too well about the challenges and costs of defending government subpoenas, they may not realize that their existing insurance policies might provide coverage for these defense costs — even if those policies do not expressly address subpoenas, says Daniel Wolf of Gilbert LLP.

  • A Guide To The Executive Branch Official Nomination Process

    Adam Raviv

    Although the Trump administration has completed the vetting and confirmation of a cabinet and White House staff, thousands of senior positions remain unfilled throughout the executive branch. More than ever, people selected for those posts find themselves under close scrutiny, say Adam Raviv and Reginald Brown of WilmerHale.

  • Fixing The Broken Software Supply Chain As Legal Counsel

    Marty Mellican

    The supply chain for the software industry is inefficient and dysfunctional, costing tens of billions per year in waste while also injecting risk into companies, governments and households worldwide. In-house counsel for both software suppliers and buyers should work together in order to transform this supply chain, says Marty Mellican of Flexera Software LLC.

  • Potential Perils Of Employer Parental Leave Policies

    Debra Friedman

    In recent years, more and more private companies have been adopting parental benefit policies. However, as demonstrated by the U.S. Equal Employment Opportunity Commission's recent suit against Estée Lauder, the agency is focusing on alleged disparities in employers’ parental benefit policies, and good intentions can lead to unintended consequences, says Debra Friedman of Cozen O'Connor.

  • 2 Cases Clarify Dodd-Frank Whistleblower Protections

    Harini Srinivasan

    Recent decisions in Reyher v. Grant Thornton and Boyle v. Evolve Bank indicate that courts are not persuaded by whistleblowers' arguments that defendants or their publicly traded clients are generally covered by the Dodd-Frank Act, says Harini Srinivasan of Katz Marshall & Banks LLP.