• May 26, 2017

    'Place Of Business' To Be New Patent Venue Battleground

    Following the U.S. Supreme Court’s decision limiting where patent suits can be filed, attorneys foresee heated battles in court over what constitutes a company’s “place of business” for venue purposes, as patent owners aim to blunt the ruling’s impact and keep cases in their favored districts.

  • May 26, 2017

    UN Bribery Trial Tees Up Questions On FCPA, Corruption

    A trial set this coming week in a complex case against a Chinese businessman accused of bribing U.N. officials sets the stage for a judge to consider unique questions about the scope of the Foreign Corrupt Practices Act and other U.S. bribery laws.

  • May 26, 2017

    Google, DOL Fight Over Withheld Compensation Data

    Google and the U.S. Department of Labor duked it out Friday over whether the tech giant must hand over employee pay data related to the government’s look into Google’s equal opportunity program, with the DOL arguing in a California administrative hearing that Google isn’t “too big to comply” with its data requests.

  • May 26, 2017

    House GOP Tax Plan May Exact Foreign Toll On Offshore IP

    The House Republicans’ plan to exempt exports, but not imports, from taxation may encourage American businesses to bring their offshore operations and profits back home, but companies holding intellectual property overseas would risk severe tax penalties from foreign governments if they try it.

  • May 26, 2017

    NLRB Judge Knocks Verizon Wireless Over Handbook Rules

    A National Labor Relations Board judge on Thursday ordered several Verizon Wireless stores to strike certain employee handbook policies, including some the NLRB declared unlawful in a separate case in February and others that were not previously analyzed.

  • May 26, 2017

    Quick Action Denied On Pause To Yahoo Pay Vote Meeting

    A Yahoo Inc. investor was denied expedited handling Friday for a preliminary injunction motion in Delaware Chancery Court seeking to delay an executive pay vote at the company’s June 8 annual meeting if the company doesn’t meet a disclosure demand.

  • May 26, 2017

    Chipotle Hit With 2nd Suit From Financial Institution Over Hack

    The legal backlash against Chipotle over a late-April data breach continued to mount on Friday, as the second financial institution in less than a month filed a proposed class action in Colorado federal court accusing the restaurant chain of failing to maintain adequate security measures.

  • May 26, 2017

    4 Recent Labor And Employment Bills You May Have Missed

    Federal lawmakers had labor and employment issues top of mind this past week, introducing a handful of bills with potentially sweeping ramifications, including legislation that would wipe out the National Labor Relations Board’s Specialty Healthcare standard, a bill to revamp federal labor law and a proposal to institute a $15 federal minimum wage.

  • May 26, 2017

    Brand Battles: Apple, Universal, Ford, 'Session' Beer

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Apple faces a fight over its long-retired "Sherlock" search tool, Universal Pictures and Ford Motor Co. clash over "Raptors," and Full Sail Brewing goes after another "session" beer mark.

  • May 26, 2017

    DC Circ. Overturns NLRB On Hawaii Co.'s Union Firings

    The D.C. Circuit on Friday overturned a split National Labor Relations Board ruling that a Hawaii contractor broke federal labor law by firing welders affiliated with a Boilermakers local, saying the board failed to rebut a judge’s findings that their membership was incidental to the expiration of their contract.

  • May 26, 2017

    4 Tips To Avoid A 1st Quarter Flop Once You Go Public

    A glitzy initial public offering marks a huge milestone in a company’s development, but a rocky first quarter can quickly take the luster off that signature event, as disappointing results could hammer a company’s stock and risk lawsuits from investors alleging they were misled.

  • May 25, 2017

    Sephora Settles Chinese Customer Account Deletion Row

    A California federal judge said Thursday he would grant final approval to a $950,000 settlement ending class action claims that retailer Sephora breached contracts and racially discriminated against customers when it deactivated thousands of accounts created with Chinese domain name email addresses because it thought they were created by bots.

  • May 25, 2017

    Calif. High Court Bats Down Atty's Beef With Facebook GC

    The California Supreme Court decided Wednesday not to take up a defamation case against Mark Zuckerberg and Facebook’s general counsel, leaving in place the appellate court decision to toss the case.

  • May 25, 2017

    Coverage Battle At 9th Circ. May Hobble Private D&O Policies

    Scottsdale Insurance Co. recently asked the Ninth Circuit to uphold a ruling that an exclusion in an education technology company’s policy for claims related to professional services bars coverage for a False Claims Act suit, and attorneys say a decision in the insurer’s favor could severely limit D&O coverage for privately held service providers.

  • May 25, 2017

    EEOC Sues Education Tech Biz Over Trans Worker's Firing

    The U.S. Equal Employment Opportunity Commission sued an educational technology company in California federal court Wednesday for allegedly firing a transgender worker for accusing the company of discriminatory practices.

  • May 25, 2017

    Staples Unit Strikes Data Breach Deal With CVS Customers

    A Staples Inc. unit that handled website operation and photo management for retailers such as Costco Wholesale Corp. and CVS Health Corp. reached a deal with customers who said they were damaged by a 2015 data breach, according to a motion in Georgia federal court on Thursday.

  • May 25, 2017

    High Court Asked To Consider Scope Of ADEA Damages

    A nurse supervisor who claims she was illegally fired by Anderson Regional Medical Center because of her age has asked the U.S. Supreme Court to consider whether individuals who bring retaliation claims under the Age Discrimination in Employment Act can pursue compensatory damages for pain and suffering or punitive damages.

  • May 25, 2017

    NutraSweet Gets $100M ICC Award Nixed By NY Judge

    A New York state judge has sided with NutraSweet Co. and ordered an International Chamber of Commerce tribunal to reconsider parts of a $100 million award it issued to a Korean food conglomerate following a dispute over a soured aspartame deal, saying the tribunal manifestly disregarded New York law.

  • May 25, 2017

    GOP Drops Swipe-Fee Repeal From Dodd-Frank Replacement

    The head of a key House committee on Wednesday said that he would cut language to repeal a cap on debit card swipe fees included in the Dodd-Frank Act from a keystone Republican financial regulation bill, saying that he wouldn’t let the bill be derailed by a matter that has divided retailers and financial firms.

  • May 25, 2017

    Michigan Law Correctly Applied In Stryker Noncompete Suit

    A Sixth Circuit panel on Wednesday said a lower court properly ruled in favor of Stryker Corp. when a jury found a former salesman for the company violated noncompete and confidentiality agreements and misappropriated trade secrets, saying the court correctly applied Michigan rather than Louisiana law.

Expert Analysis

  • Sharing Private Information Through 3rd-Party Suppliers

    Stewart Baker

    As businesses expand their sharing of cybersecurity information, they are increasingly relying on companies that make information sharing more efficient and practical. Turning information over to third parties usually brings company lawyers to the table, but careful planning can greatly reduce the related risks, says Stewart Baker of Steptoe & Johnson LLP.

  • Series

    Revisiting Affiliated Ute: A Rare Presumption In 11th Circ.

    Brian Miller

    The Eleventh Circuit has made clear that it will strictly construe the U.S. Supreme Court's Affiliated Ute decision as well as the omission language of Rule 10b-5(b). This will continue to present challenges to the plaintiffs bar in this circuit, say Brian Miller and Samantha Kavanaugh of Akerman LLP.

  • Hidden Risks In Practice Acquisitions And Joint Ventures

    Geoffrey Kaiser

    There is a potential compliance “blind spot” associated with what many in the health care industry would regard as ordinary practice acquisitions and joint ventures involving hospitals and other provider organizations. The risk involved makes it critical for providers, counsel and valuators to work together to ensure that fair market value opinions are supported by compliant asset considerations, says Geoffrey Kaiser of Rivkin Radler LLP.

  • My Milkshake Is Better Than Yours: Part 2

    Jill Dessalines

    In the second installment of this two-part series on disruptive innovation among mid-size law firms, Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former senior vice president at McKesson Corp., explores a number of ideas for keeping clients and maintaining market position.

  • The IRS Brings Partial Clarity To North-South Scenarios

    Aaron Pinegar

    When a shareholder transfers property to a distributing corporation shortly before or after a spinoff, will the transfer to the distributing corporation be respected as a separate transaction from the distribution for tax purposes? The IRS' recent ruling on such "north-south" transactions provides helpful guidance for some situations, but leaves other questions unanswered, says Aaron Pinegar of Baker Botts LLP.

  • My Milkshake Is Better Than Yours: Part 1

    Jill Dessalines

    As I sat there listening, incredulous to learn that "Milkshake" was not only a real song but also a chart-topper, it reminded me of Harvard Business School Professor Clayton Christensen’s work on disruptive innovation — and how it pertains to mid-size law firms, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant general counsel of McKesson Corp.

  • A New Path To Defending NLRB Employer Policy Challenges

    Adam Abrahms

    For employers that feel handcuffed by what many view as overzealous interference from the National Labor Relations Board, two recent decisions reinforce the merits of what may be the best approach to defending against charges that challenge company policies, say Adam Abrahms and Christina Rentz of Epstein Becker Green.

  • Series

    Revisiting Affiliated Ute: And Its Limits In The 5th Circ.

    Susanna Buergel

    Given the perceived higher hurdles to class certification, it is likely that counsel for plaintiffs in securities cases will seek to recharacterize their claims as omission claims to take advantage of the 45-year-old Affiliated Ute presumption. In the Fifth Circuit, that will be a challenging task, say attorneys with Paul Weiss Rifkind Wharton & Garrison LLP.

  • UK Internal Investigations Are Taking An Ungainly Turn

    Matthew Herrington

    The London High Court's decision in Serious Fraud Office v. Eurasian Natural Resources Corporation has a lot to say on the vitality of legal professional privilege and the conduct of internal investigations in the U.K., but its flawed logic and lack of pragmatism feel like the latest installment in SFO Director David Green's pushback against U.S.-style investigation procedures, say Matthew Herrington and Tom Best of Steptoe & Johnson LLP.

  • Series

    Revisiting Affiliated Ute: Back In Vogue In The 9th Circ.

    Michele Johnson

    While there are still very few district court decisions within the Ninth Circuit to have analyzed the relationship between the Affiliated Ute and the fraud-on-the-market presumptions of reliance since the U.S. Supreme Court’s 2014 Halliburton decision, plaintiffs are increasingly attempting to plead both theories, as demonstrated by several recent decisions, say Michele Johnson and Colleen Smith of Latham & Watkins LLP.