Corporate

  • November 30, 2020

    Chancery Finds Chinese Co. Defaulted In $5.8B 15-Hotel Sale

    A China-based holding company made COVID-19-related changes to its hotel business and was not transparent about its struggles with a deed fraudster, relieving a Korean investment company of its obligation to buy 15 hotels for $5.8 billion, a Delaware vice chancellor ruled Monday.

  • November 30, 2020

    Law Firm Billing Tips For Avoiding An Irate Client

    A recent lawsuit filed against K&L Gates LLP by a client unhappy with a legal bill highlights some common pitfalls that law firms face when it comes to billing practices, but there are ways to avoid a similar situation, experts say. 

  • November 30, 2020

    Labor Dept. Beats Challenge To Injury Reporting Rollback

    A D.C. federal judge dismissed Monday a lawsuit from a coalition of public health groups challenging a U.S. Department of Labor decision to roll back an Obama-era requirement for larger employers to file reports of workplace injuries electronically.

  • November 30, 2020

    DOL Delivered 'Flawed' COVID-19 Jobless Data, GAO Says

    The U.S. Government Accountability Office warned Monday that "urgent actions" are needed to help track and ensure the integrity of COVID-19-related financial relief efforts, suggesting that key unemployment insurance data has been inaccurate and more reporting is needed to address potential widespread fraud.

  • November 30, 2020

    Justices Unsure If 'Dangerously Vague' CFAA May Do Harm

    Several U.S. Supreme Court justices appeared open Monday to claims that the scope of the Computer Fraud and Abuse Act is "dangerously vague," and could criminalize innocuous online activity, in a case with immediate consequences for employees charged with abusing access to networks and potential ramifications for millions of everyday internet users.

  • November 30, 2020

    State AGs Want COVID-19 Relief Bill Deadline Pushed Back

    A bipartisan group of attorneys general want federal lawmakers to pass a measure to make sure that funding under the coronavirus relief law is available until the end of next year, saying the current end of 2020 deadline no longer makes sense.

  • November 30, 2020

    Legal Industry Is Still Running Behind On Diversity Work

    The legal industry is still struggling to meet diversity and inclusion standards set by other professional services and has seen drops in several indicators over the last few years, according to a survey released Monday.

  • November 30, 2020

    Ex-IT Director Blames Firing On Sex Addiction Diagnosis

    A former IT director for a dental services provider said she was fired after she disclosed to her boss that she'd been diagnosed with sex addiction, in violation of the Americans with Disabilities Act.

  • November 30, 2020

    Calif. Gov. Offers 3-Month Biz Sales Tax Deferral Program

    California's governor on Monday announced a new package of temporary state tax relief for businesses, including allowing those who file less than $1 million in sales tax to defer remittance for three months.

  • November 30, 2020

    Visa Says DOJ Papering Over Plaid Deal's Benefits

    Visa has told a California federal court that the U.S. Department of Justice is overlooking a host of major benefits arising out of its planned $5.3 billion tie-up with Plaid and wrongly focusing on the deal's alleged antitrust implications.

  • November 30, 2020

    Google Attys Want Access To Rivals' Docs In Antitrust Fight

    Google has urged a District of Columbia federal court to allow the company's in-house counsel to view confidential information belonging to Apple, Amazon, AT&T and others in litigation over allegations that the search engine giant illegally stifles search and search advertising competition.

  • November 30, 2020

    Labor Advocates Urge Biden To Pick Calif.'s Su For DOL

    A collection of female workers' rights advocates in California have suggested that President-elect Joe Biden choose California Labor and Workforce Development Agency Secretary Julie Su to lead the U.S. Department of Labor, calling her a committed advocate who would be an asset to the incoming administration's labor agenda.

  • November 30, 2020

    Pa. Gov. Vetoes Expanded Coronavirus Liability Protections

    Gov. Tom Wolf on Monday vetoed a controversial bill aimed at extending broad protections to nursing homes, hospitals and other Pennsylvania businesses from certain lawsuits over alleged coronavirus exposure, saying that the bill created a potential safety risk.

  • November 30, 2020

    Noom Brings Aboard Ex-Kickstarter GC As Top Atty

    A former general counsel for crowdfunding platform Kickstarter and startup incubator Expa LLC has joined Noom Inc. as its first chief in-house attorney, the digital health platform announced Monday.

  • November 30, 2020

    Freelancers Tell 9th Circ. That AB 5 Limits Speech

    Freelance-journalists organizations have asked the Ninth Circuit to revive their challenge to California's A.B. 5 worker classification law, saying the lower court should have invalidated sections of the law that limited their right to free speech instead of dismissing their claims.

  • November 30, 2020

    5 Biz-Friendly Moves Trump's NLRB Can Still Make

    A pro-union shift is coming at the National Labor Relations Board under President-elect Joe Biden, but President Donald Trump’s appointees to the agency still have another nine months to expand on the body of business-friendly policy they’ve built since 2017. Here, Law360 looks at several moves that Trump's board is still poised to make.

  • November 30, 2020

    15 Minutes With TCS Education System's General Counsel

    Deborah Solmor is not only the general counsel for the nonprofit TCS Education System, but also for the five colleges it supports. In a recent interview with Law360, she discussed TCS' involvement in the schools' responses to the pandemic, the biggest change her team has faced this year, and a new way she's working with a law firm.

  • November 25, 2020

    Law360 Names Practice Groups Of The Year

    Law360 congratulates the winners of its 2020 Practice Groups of the Year awards, which honor the law firms behind the litigation wins and major deals that resonated throughout the legal industry in the past year.

  • November 25, 2020

    The Firms That Dominated In 2020

    The eight law firms topping Law360's Firms of the Year managed to win 54 Practice Group of the Year awards among them, for guiding landmark deals, scoring victories in high-profile disputes and helping companies navigate uncharted legal seas made rough by the coronavirus pandemic.

  • November 25, 2020

    Monsanto, BASF Get $265M Dicamba Verdict Slashed To $75M

    A Missouri federal judge on Wednesday cut a punitive damages award that a Missouri farm won against Monsanto and BASF in a bellwether trial over claims the weedkiller dicamba ruined the farm's peach trees from $250 million to $60 million, ruling that the case involved only economic damages as opposed to physical harm.

  • November 25, 2020

    Amazon Nears Win In EBay Fight Over Poaching Top Sellers

    An arbitration panel has awarded Amazon.com a win against eBay's claims the Seattle-based online retail giant and its managers orchestrated a massive campaign to poach top sellers from eBay's online trading platform, according to documents filed in California federal court.

  • November 25, 2020

    Ex-SCANA CEO Cops To Fraud In Nuke Plant Plans Debacle

    The former CEO of South Carolina utility company SCANA Corp. pled guilty to federal and state charges of fraud stemming from his role in an alleged plot in which the company misled investors about plans for a $9 billion nuclear power plant expansion.

  • November 25, 2020

    What GCs Should Consider As They Hire Remote Attys

    The at-home work environment fueled by the coronavirus pandemic has pushed general counsel to expand their talent pools by considering permanent remote lawyers, but businesses should weigh issues like attorney licensing and virtual onboarding that can complicate the hiring of staffers who don't live near a company office.

  • November 25, 2020

    USPTO Urged To Bridge Gap Between PTAB And Examiners

    An advisory committee for the U.S. Patent and Trademark Office has issued a new report calling on the Patent Trial and Appeal Board and patent examiners to share their data to ensure that each unpatentable invention is a "lesson learned" for the agency.

  • November 25, 2020

    What To Watch As High Court Takes On Computer Crime Law

    A computer crime law whose scope has been hotly debated since it was passed in 1984 will be in the limelight Monday when the U.S. Supreme Court considers whether a Georgia police officer violated federal law by abusing his access to an online government database. Here's a breakdown of three key questions that may arise and could decide where the court ultimately comes down.

Expert Analysis

  • Mindbody Deal Case Provides Conflict Takeaways For Boards

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    The Delaware Chancery Court's recent decision in Mindbody illustrates how courts assess alleged management conflicts in M&A litigation, but the case's core lesson is the need for boards of directors to uncover and manage actual and potential conflicts of interest in the sale process — in particular, those of the lead negotiators, say Tyler O'Connell and Albert Carroll at Morris James.

  • 7 Tips For Predeposition Meetings Under New Federal Rule

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    Attorneys can use a new predeposition meet-and-confer obligation for federal litigation — taking effect Tuesday — to better understand and narrow the topics of planned testimony, and more clearly outline the scope of any discovery disputes, says James Wagstaffe at Wagstaffe von Loewenfeldt Busch.

  • How To Prepare For Congressional Investigations In 2021

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    Congressional investigations in the health care, financial services, fossil fuel and technology sectors are likely to intensify next year amid a highly partisan environment, and companies that may be targets should get ready for testimony and document production well before an inquiry, say attorneys at Hogan Lovells.

  • Opinion

    The Ill-Fated Emergence Of The Bitcoin Balance Sheet

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    Other corporations may follow MicroStrategy's lead and invest in problematic Bitcoin, in what appears to be a new chapter of irresponsible corporate behavior, says cybersecurity consultant John Reed Stark.

  • Ethics Reminders As Employees Move To Or From Gov't

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    Many organizations are making plans for executives to go into government jobs, or for government officials to join a private sector team, but they must understand the many ethics rules that can put a damper on just how valuable the former employee or new hire can be, say Scott Thomas and Jennifer Carrier at Blank Rome.

  • 5 Tips For In-House Counsel Anticipating Cyber Class Actions

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    In light of a 270% increase in data breaches this year, and the attendant class actions, in-house counsel can prepare to efficiently manage litigation by focusing on certain initial steps, ranging from multidistrict litigation strategy to insurance best practices, say David McDowell and Nancy Thomas at MoFo.

  • When It Comes To SEPs, Act Locally But Enforce Globally

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    Because recent standard-essential patent decisions in the U.S., the U.K., China and Germany may signal a trend toward a greater international influence on global royalty rates by individual national jurisdictions, potential licensors and licensees may need to adjust their enforcement strategies, says Mauricio Uribe at Knobbe Martens.

  • 4th Circ. Ruling Shows Limits To ADA Accommodation Claims

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    The Fourth Circuit’s recent denial of an Americans with Disabilities Act claim in Elledge v. Lowe's instructs employers on how to analyze accommodation requests and illustrates when disabled employees may not be entitled to special priority for reassignment, says Phillip Kilgore at Ogletree.

  • Del. Solera D&O Decision May Have Limited Impact

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    While the Delaware Supreme Court's recent decision in Solera is a blow for companies in the state seeking protection for certain key appraisal proceedings, the ruling hinges on the insurers' narrow definition of a violation that will trigger directors and officers coverage for securities-related claims, making it unlikely that other jurisdictions will follow suit, say attorneys at Hunton.

  • A Key To Helping Clients Make Better Decisions During Crisis

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    As the pandemic brings a variety of legal stresses for businesses, lawyers must understand the emotional dynamic of a crisis and the particular energy it produces to effectively fulfill their role as advisers, say Meredith Parfet and Aaron Solomon at Ravenyard Group.

  • Expect Major Changes In Aerospace And Defense Under Biden

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    President-elect Joe Biden is expected to significantly shift aerospace and defense industry priorities, revoke certain Trump administration government contractor policies, strengthen "Buy American" requirements, and increase use of defense and NASA budgetary authority to combat climate change, say attorneys at Hogan Lovells.

  • A Wage And Hour Compliance Reminder For Nonprofit Boards

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    As many nonprofits face budget shortfalls due to the pandemic, the one-year anniversary of the Massachusetts Supreme Judicial Court’s decision in Lynch v. Crawford reminds board-level volunteers that they could be found personally liable for wage violations, despite qualified immunity provided by federal and state law, say attorneys at Casner & Edwards.

  • DOJ's Visa-Plaid Challenge Shows Email Can Imperil A Deal

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    The U.S. Department of Justice used a trove of internal Visa email and other communications to show how the $5.3 billion Plaid merger might limit competition — providing a cautionary tale of how internal documents can endanger a transaction that shows few antitrust concerns on the surface, says Tammy Zhu at Medallia.

  • Mitigating Supply Chain Risks Related To Uighur Forced Labor

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    In light of recent U.S. actions concerning China’s purported forced labor of Uighurs — an ethnic minority long targeted by the Chinese government — companies should conduct human rights due diligence, implement grievance mechanisms to capture abuses in their supply chains, and review supplier contracts, says Betsy Popken at Orrick.

  • What To Expect From DOJ Enforcement Under Biden

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    Companies shouldn't fear a rapid uptick in overall corporate enforcement actions by the U.S. Department of Justice under a new Democratic administration, but should anticipate a shift in focus away from immigration cases toward COVID-19-related fraud and civil rights reform, say Sandra Moser and Kenneth Polite at Morgan Lewis.

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