Corporate

  • November 17, 2017

    In Case You Missed It: Hottest Firms And Stories On Law360

    For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.

  • November 17, 2017

    Orexigen Seeks Toss Of Suit Over Drug Trial Leaks

    A lawsuit seeking damages from Orexigen Therapeutics Inc.'s board for sharing confidential information about an unfinished obesity drug trial fails to connect the leaks to any improper intent, a directors' attorney said in arguing for dismissal of the case Friday in Delaware Chancery Court.

  • November 17, 2017

    Chamber, Auto Dealers Back Service Adviser OT Exemption

    The U.S. Chamber of Commerce, 10 automobile dealer trade groups and two business and retail trade groups have filed amicus briefs supporting a California Mercedes-Benz dealership’s U.S. Supreme Court petition that employees who advise customers about repair work are exempt from overtime pay under the Fair Labor Standards Act.

  • November 17, 2017

    NLRB's New Top Cop Crucial To Anticipated Pro-Biz Shift

    New National Labor Relations Board General Counsel Peter Robb will play an integral role in upending a series of decisions issued by the Obama-era labor board that drew fire from management-side lawyers who claimed they were too labor-friendly and at odds with long-standing NLRB precedent, experts say.

  • November 17, 2017

    Michael Vick's Creditors Finish With Nearly Full Recovery

    Creditors of former NFL quarterback Michael Vick, who went into bankruptcy after a prison stint for participating in a dog-fighting ring, received their final distribution Thursday and received almost all of what they were owed, according to the liquidating trustee.

  • November 17, 2017

    Auto Parts Buyers Seek $162M Default In Price-Fixing Suit

    Purchasers of aftermarket vehicle components urged a Wisconsin federal judge on Thursday to force a Taiwanese parts maker to pay more than $162 million for failing to hire new counsel and effectively abandoning the purchasers' price-fixing lawsuit.

  • November 17, 2017

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    The U.S. Supreme Court turned away four notable employment cases, a study found more legal departments are looking to grow their outside counsel spending next year,​ and Kraft Heinz Co.'s GC told Law360 about the changing food industry. These are some of the top stories in corporate legal news you may have missed last week.

  • November 17, 2017

    Scientists See No Solution As Talc Cases Test The System

    Cases alleging talcum powder causes ovarian cancer have exploded in recent years, with thousands of plaintiffs filing suit in hope of following the massive multimillion dollar verdicts against Johnson & Johnson in Missouri and California, but these claims carry no water in other courts, and experts researching the issue are divided on which side the science supports.

  • November 16, 2017

    Big Banks Face Wider Treasury Auction-Fixing Suit

    A lawsuit accusing 20 of the biggest Wall Street banks of rigging the $13 trillion market for securities sold by the U.S. Department of the Treasury was expanded late Wednesday night with the filing of an amended complaint that alleges two interrelated conspiracies.

  • November 16, 2017

    Shkreli Auditor Says Investor Settlements Seemed Legit

    An auditor who did work for Martin Shkreli-founded Retrophin Inc. on Thursday told jurors in the trial of the controversial pharmaceutical executive’s former Katten Muchin attorney that he didn’t believe there was anything wrong with a series of settlements with investors in Shkreli's MSMB hedge funds that prosecutors say were fraudulent.

  • November 16, 2017

    Law Firm Settles Fight Over Atty’s Share Of Sirius Settlement

    A Houston law firm on Tuesday dropped a lawsuit it filed last week against a former attorney with the firm in a dispute over the associate's slice of $12.25 million in attorneys' fees stemming from a settlement in a class action against Sirius XM Radio.

  • November 16, 2017

    $120M Barclays Deal Attys Reduce Fee Request By $8M

    Lawyers who sought 30 percent of a $120 million settlement they struck with Barclays PLC for investors who accused the bank of manipulating the London Interbank Offered Rate told a New York federal judge on Wednesday that they’d accept just 20 percent of the settlement pot for now after she raised questions about the payout.

  • November 16, 2017

    EEOC Report Spotlights Bias Suit Spike, Backlog Cut

    The U.S. Equal Employment Opportunity Commission filed more than twice as many discrimination lawsuits in fiscal 2017 as it did in the previous year, while also putting a significant dent in a persistent backlog of pending investigations that had recently drawn the ire of lawmakers, according to an agency report.

  • November 16, 2017

    Tax Bill's Legal Fee Provision May Burden Attorneys

    Some attorneys are reeling from a provision inserted in the House and Senate’s tax plans that would effectively erase a Ninth Circuit decision allowing attorneys to deduct expenses advanced to clients in contingent-fee cases, potentially placing a burden on practitioners and affecting the availability of legal services.

  • November 16, 2017

    Arnold & Porter Sues Congo Airline Client For $1M Fee

    Arnold & Porter Kaye Scholer LLP sued the national airline of the Republic of the Congo Wednesday in New York federal court for more than $1 million in legal fees the airline allegedly racked up fending off a contractor’s efforts to enforce a more than €567 million arbitration award against the nation.

  • November 16, 2017

    Ex-Squire Patton Boggs Atty, Prosecutor Joins Nelson Mullins

    A former federal prosecutor and Squire Patton Boggs LLP attorney, who represents a client in the FIFA corruption scandal and has prosecuted New Jersey officials for public corruption, has joined Nelson Mullins Riley & Scarborough LLP.

  • November 16, 2017

    House Passes Tax Bill With Deep Cuts For Businesses

    House Republicans on Thursday succeeded in passing wide-reaching tax legislation, overcoming Democrats’ criticisms that it would significantly lower taxes for corporations and the wealthy while short-changing middle-income earners.

  • November 15, 2017

    9th Circ. OKs Calculating Minimum Wage By Weekly Average

    The Ninth Circuit said Wednesday the Fair Labor Standards Act’s hourly minimum wage requirement applies to weekly per-hour averages rather than actual per-hour pay, saying a conditionally certified class of Conduent workers offered no reason to split with the four other circuits to consider the question.

  • November 15, 2017

    Micron Ruling May Spark New Wave Of Venue Fights

    The Federal Circuit’s decision Wednesday that TC Heartland was a change in the law provides much-needed clarity on a question that has split lower courts and should give some hope to companies whose bids to transfer their cases were thwarted because it was decided they waived their venue argument.

  • November 15, 2017

    DOL Solicitor Pick Queried On Arbitration, Harassment

    Kirkland & Ellis partner Kate O’Scannlain said at a Senate hearing Wednesday to confirm her for the U.S. Department of Labor’s top legal post that employer arbitration clauses “are problematic” when confronting workplace harassment, but she stopped short of supporting their elimination despite agreeing they can keep women unaware of serial harassers.

Expert Analysis

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.

  • 6 Legal Issues That Enable Serial Harassers

    Richard Seymour

    The questions raised in the public mind by the allegations against those accused of sexual and racial harassment are important. For example, if the allegations are true, how did it manage to go on for so long? Parts of the answers to such questions are clear, and the evidence of the enablers is not pretty, says attorney, arbitrator and mediator Richard Seymour.

  • Why Securities Lawyers Are The New Employment Lawyers

    Christopher Regan

    Whistleblower retaliation claims have a unique securities law slant and involve sensitive, unresolved areas that should cause all stakeholders to consider whether the typical employment lawyer is equipped to handle these cases, say attorneys with Buckley Sandler LLP.

  • Series

    Judging A Book: Gilstrap Reviews 'Alexander Hamilton'

    Judge Rodney Gilstrap

    While Alexander Hamilton is the subject of a hit Broadway musical and renewed biographical examinations, professor Kate Brown takes us down a road less traveled in her book "Alexander Hamilton and the Development of American Law" — showing Hamilton as first, last and foremost an American lawyer, says U.S. District Judge Rodney Gilstrap of the Eastern District of Texas.

  • The Oracle Audit: Lessons From The Only Licensee Suit

    Arthur Beeman

    Today, 97 percent of Fortune 500 companies license at least some Oracle-branded software. And, as licensees like Mars are discovering, Oracle may subject customers to an expansive auditing process. Early retention of counsel provides a licensee’s best shot at quickly resolving the audit process while avoiding the expensive and restrictive quick fixes that Oracle might propose, say attorneys with Crowell & Moring LLP.

  • The Case For Creating A Mediation Department At Your Firm

    Dennis Klein

    There are at least four reasons supporting the need for some form of a mediation group within a law firm, especially in firms with larger practices, according to Dennis Klein, owner of Critical Matter Mediation and former litigation partner at Hughes Hubbard & Reed LLP.

  • Being There: Defending Depositions

    Alan Hoffman

    Defending depositions is challenging. The lawyer is the only shield and protector for the witness and the client. The rules of engagement are less than clear, and fraught with ethical perils. Difficult judgment calls often must be made in the heat of battle. This is where lawyers really earn their keep, says Alan Hoffman of Husch Blackwell LLP.

  • 6 Ways Employees Can Breach An Employer’s Data Security

    Arthur Lambert

    Every day, companies' information is transmitted by employees on company-owned and personal electronic devices. While there are numerous technical things a company should do to protect its data, some items should be communicated to employees so they can help protect information and be more aware of the ways breaches can occur, says Arthur Lambert of Fisher Phillips.

  • How Employers Should Consider Impact Of Sex Harassment

    Harini Srinivasan

    In the wake of allegations detailing years of workplace sexual harassment perpetuated by Hollywood mogul Harvey Weinstein and other leading media personalities, employees, employers and the public alike have been forced to consider how enduring such abuse impacts women in the workplace, say attorneys at Katz Marshall & Banks LLP.