• March 22, 2017

    Gorsuch Defends Record, Chevron Critiques At Senate Panel

    Tenth Circuit Judge Neil Gorsuch, President Donald Trump’s nominee to the U.S. Supreme Court, defended his approach to constitutional interpretation before the Senate Judiciary Committee Wednesday, as well as his skepticism of so-called Chevron deference to regulatory agencies' interpretations of federal law.

  • March 22, 2017

    NY Data Breaches Soared To Record Levels In 2016, AG Says

    Fueled by hacks and employee negligence, reports of data security breaches impacting New York state residents jumped by 60 percent to hit an all-time high in 2016, with businesses disclosing nearly 1,300 incidents that compromised 1.6 million residents’ financial and other personal data, the state’s attorney general said Tuesday.

  • March 22, 2017

    Bipartisan Bill Would Make PCAOB Proceedings Public

    A bipartisan bill introduced Tuesday in the U.S. Senate would make disciplinary proceedings before the Public Company Accounting Oversight Board public, a change the bill sponsors say would enhance transparency and increase auditor accountability.

  • March 22, 2017

    Alleging Expense Excess, Dow Chem Investors Sue for Books

    Attorneys for a Dow Chemical Co. shareholder asked Delaware’s Chancery Court late Tuesday to compel release of details on use of the company’s corporate jet and other expenses, claiming concerns over “numerous” company funded trips by the company’s CEO and family members.

  • March 22, 2017

    Don't Stall CEO-Worker Pay Ratio Rule, Investors Tell SEC

    A group of 100-plus institutional investors sent a letter Wednesday to the U.S. Securities and Exchange Commission urging Acting Chairman Michael Piwowar to not delay implementation of a Dodd-Frank CEO-to-employee pay ratio disclosure mandate, saying any wait imposes “significant costs” on investors.

  • March 22, 2017

    DC Circ. Panel Sends Dues-Checkoff Case Back To NLRB

    A D.C. Circuit panel majority on Tuesday sent back to the National Labor Relations Board its decision rejecting a challenge from grocery store employees to the deduction of union dues from their wages, saying if the board wants the same outcome on remand it has to explain how it could be squared with its own precedent.

  • March 22, 2017

    6 Traits That Will Get You Hired In-House

    Law departments seeking out new talent are prioritizing a few characteristics to build up their expertise and best leverage their attorneys’ skill levels. Here’s what the experts say law departments are looking for in a new hire.

  • March 22, 2017

    High Court Narrows Use Of Structured Dismissals In Ch. 11

    The U.S. Supreme Court ruled Wednesday that the use of so-called structured dismissals to end Chapter 11 cases must be narrowed, holding that a settlement that effectively wiped out employee claims against a trucking company but paid more junior creditors impermissibly sidestepped the U.S. Bankruptcy Code's creditor priority.

  • March 21, 2017

    NY AG Slams Exxon Again Over Order For Climate Emails

    New York Attorney General Eric Schneiderman called out Exxon Mobil Corp. on Monday for refusing “more dramatically than ever” to comply with a court order for climate change documents, telling a state judge the unarchived emails that ex-CEO Rex Tillerson sent from an alias account raises new concerns about the preservation and production of the subpoenaed documents.

  • March 21, 2017

    Gorsuch Rebukes Trump, Defends Record To Senate Panel

    U.S. Supreme Court nominee Judge Neil Gorsuch pushed back Tuesday at attacks on his record and rebuked President Donald Trump’s comments on the judiciary as he sought to persuade a Senate panel to advance his nomination to the nation's highest court.

  • March 21, 2017

    High Court Sets Limits On Presidential Appointment Power

    The U.S. Supreme Court on Tuesday decided to invalidate former acting National Labor Relations Board General Counsel Lafe Solomon's tenure while he awaited permanent Senate confirmation, a ruling experts say will reverberate throughout the federal government since it limits the president's power to make temporary appointments for top agency posts. 

  • March 21, 2017

    Don't Halt CEO Pay Ratio Disclosure Rule, Dem Sens. Tell SEC

    Democratic lawmakers on Tuesday urged Acting U.S. Securities and Exchange Commission Chairman Michael S. Piwowar not to delay implementation of a rule requiring public companies to disclose the pay gap between their chief executives and their typical workers, saying that he had inexplicably halted the rule.

  • March 21, 2017

    TransPerfect Co-CEO Says Forced Sale Is Unconstitutional

    The co-CEO of embattled TransPerfect Global Inc. has filed suit in federal court against the court-appointed custodian tasked with selling off the successful company and Delaware's secretary of state, saying the law that enabled a judge to order the sale against his will violates the U.S. Constitution.

  • March 21, 2017

    NC Court Nixes Attorney-Witness Dual Role In Fee Dispute

    A North Carolina appeals court on Tuesday affirmed the disqualification of a pair of attorneys from representing their law firm in a fee collection dispute with a former client, finding their status as witnesses in the case barred them from also taking part in the suit as advocates for their business.

  • March 21, 2017

    Trump Starts Putting Imprint On Judiciary With 6th Circ. Nom

    President Donald Trump on Tuesday picked Kentucky federal Judge Amul J. Thapar for a spot on the Sixth Circuit, marking the first judicial nomination since the selection of Judge Neil Gorsuch to the U.S. Supreme Court.

  • March 21, 2017

    9th Circ. Stands By Reviving FCRA Suit Over Liability Waiver

    The Ninth Circuit declined Monday to rethink reviving litigation alleging that a subsidiary of oil field services giant Schlumberger Ltd. violated the Fair Credit Report Act by failing to comply with disclosure requirements before procuring consumer reports for employment purposes, amending its previous opinion to further explain why a job applicant had standing.

  • March 21, 2017

    High Court Throws Out Laches Defense For Patent Cases

    The U.S. Supreme Court decided Tuesday that laches cannot be a defense in many patent infringement cases, holding in a case over adult diapers that its 2014 decision largely eliminating the defense in copyright cases applies equally to patent law.

  • March 20, 2017

    Del. High Court Remands $1B Enbridge Deal Fairness Ruling

    In an acknowledged change in course Monday, Delaware’s Supreme Court reversed a chancery dismissal of a public unit-holder's challenge to a $1 billion Enbridge Energy Co. LLC pipeline deal in 2015, citing viable claims that Enbridge acted in bad faith.

  • March 20, 2017

    Partisan Sparks Fly At Gorsuch Hearing’s First Day

    Judge Neil Gorsuch, President Donald Trump's pick for the U.S. Supreme Court, pushed back against accusations of bias at the opening of his confirmation hearing Monday, as criticisms over the Senate delay on filling the late Justice Antonin Scalia's seat dominated much of the first day.

  • March 20, 2017

    High Court Won’t Review Would-Be Whistleblower’s Petition

    The U.S. Supreme Court on Monday declined to review a former Morgan Stanley employee’s claims he is entitled to whistleblower protections, despite not reporting to the U.S. Securities and Exchange Commission, after the Sixth Circuit found his allegations of working with the FBI were too vague.

Expert Analysis

  • Monthly Column

    Gray Matters: Decision Error

    Gray Matters

    Lawyers make hundreds of decisions during the course of advising a client, consummating a transaction or litigating a case. In this new column, dispute resolution experts Bob Creo and Selina Shultz explore the theory, science and practical aspects of how decisions are made in the legal community.

  • New NY Cybersecurity Regs Will Have National Reach

    Romaine Marshall

    Given the national reach of the New York Department of Financial Services, the impact of New York's new cybersecurity regulations for the financial services sector will be felt far beyond the state of New York. The new rules may drive similar changes to other state and federal information protection laws, becoming the baseline standard for the industry, say Romaine Marshall and Matt Sorensen of Holland & Hart LLP.

  • 4th Circ. Joint Employer Test Is Incredibly Broad

    Kurt G. Larkin

    The Fourth Circuit’s recent panel decision in Salinas v. Commercial Interiors, which creates an altogether new and incredibly broad joint employment standard under the Fair Labor Standards Act, makes the National Labor Relations Board’s Browning-Ferris joint employment standard seem temperate at best, say Kurt Larkin and Ryan Glasgow of Hunton & Williams LLP.

  • Law Schools And Law Firms: Seeking Common Ground

    Randy Gordon

    What we don’t know is whether the teaching and practice of law are undergoing massive structural changes or we’re still digging out from the worst economic collapse since the Depression. But what we do know is that the missions of the most forward-looking law schools and law firms are converging in ways that were unimaginable 10 years ago, says Randy Gordon, a partner at Gardere Wynne Sewell LLP and executive professor of law at Te... (continued)

  • Key Lessons From Recent Employee Allegations Against Uber

    Christopher D. Durham

    Thankfully, for executives, managers and human resources professionals who are kept up at night by accounts like the recent blog post published by former Uber software engineer Susan Fowler, there are measures that every company can take to minimize the risk that its name will be the next splashed across the headlines, says Christopher Durham of Duane Morris LLP.

  • D&O Insurance And The Conduct Exclusion

    Kevin M. LaCroix

    Most directors and officers insurance policies have conduct exclusions precluding coverage for fraudulent, criminal or willful misconduct, but mere allegations are insufficient to trigger this exclusion. A California state appeals court's recent decision in Heart Tronics v. Axis Insurance provides interesting insight into the operation of such an exclusion, says Kevin LaCroix of RT ProExec.

  • Not From Around Here? Trying A Case As An Out-Of-Towner

    William Oxley

    The importance of authenticity is magnified when trying a case outside your home jurisdiction. While using references to local landmarks or history can help make arguments relatable, adopting local expressions or style in an attempt to ingratiate oneself with the judge and jury almost always backfires, say William Oxley and Meghan Rohling Kelly of Dechert LLP.

  • DOJ Brief Opposing CFPB Brings More Uncertainty

    Ashley Taylor

    What will be most disappointing to Republicans and President Trump, and which is entirely possible given the issues the D.C. Circuit requested to be briefed, is an outcome which avoids the constitutional issues raised in PHH Corp. v. Consumer Financial Protection Bureau and decides the case on the basis of the statutory provisions of the Real Estate Settlement Procedures Act, say attorneys at Troutman Sanders LLP.

  • In Congress: Gorsuch, ACA, Homeland Security

    Richard Hertling

    It will be an ambitious week for Republicans on Capitol Hill, where the schedule includes the start of the Senate Judiciary Committee hearing on President Trump’s Supreme Court nominee, Tenth Circuit Judge Neil Gorsuch, and in the House of Representatives a vote is scheduled on the GOP leadership proposal to repeal and replace the Affordable Care Act, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • Avoiding Pitfalls Of Corp. Social Responsibility Statements

    Andrew Tulumello

    Over the past few years, a significant number of consumer and investor lawsuits have been filed challenging companies' corporate social responsibility statements. These increasingly popular cases highlight the importance of taking steps to minimize the risk that such statements will result in a lawsuit, say attorneys with Gibson Dunn & Crutcher LLP.