Corporate

  • June 01, 2020

    Coronavirus Q&A: Cohen Milstein's Tort Litigation Chair

    In this edition of Coronavirus Q&A, a Cohen Milstein Sellers & Toll PLLC partner representing people who have suffered catastrophic injuries, who also serves as an advocate for trial attorneys, discusses how the COVID-19 pandemic has affected client intake and lobbying efforts.

  • June 01, 2020

    Converse Says Steve Madden Copied Its 'Run Star Hike' Shoes

    Converse Inc. is claiming that Steve Madden Ltd. copied its Run Star Hike sneaker design, infringing two of its design patents, according to a suit filed Friday in Massachusetts federal court.

  • June 01, 2020

    Hospitalized DuPont IP Thief Seeks Release Over COVID-19

    The first person ever convicted of economic espionage by a federal jury, for stealing manufacturing secrets from DuPont Co. and selling the information to Chinese-owned companies, has asked for early home release, saying he contracted COVID-19 in prison and is on a ventilator.

  • June 01, 2020

    Perkins Coie Adds M&A Partner To Burgeoning Texas Team

    Perkins Coie LLP added an experienced attorney to its corporate and securities practice from K&L Gates LLP in Dallas last week, adding to its expanding Texas operations.

  • June 01, 2020

    15 Minutes With Xandr's Chief Legal Officer

    To bring some levity to their recent virtual legal department meetings, chief legal officer Lori Fink and her team at AT&T's advertising company have shown off their favorite coffee mugs, T-shirts and vacation accessories. Here, Fink shares how they have adjusted to working remotely and how she built a legal team.

  • May 29, 2020

    OSHA's Critics Seize On News Of Lone COVID-19 Citation

    The disclosure at a congressional hearing Wednesday that the Occupational Safety and Health Administration had only issued one citation related to the COVID-19 pandemic shows the workplace safety watchdog is dropping the ball, worker advocates say.

  • May 29, 2020

    Bankruptcies Pile Up As COVID-19 Pandemic Squeezes Cash

    In the 2½ months since COVID-19 created a national emergency in the United States, dozens of companies have tilted into bankruptcy in the retail, travel and energy sectors, and a former bankruptcy judge predicts the turmoil will spread further through the economy in the coming months.

  • May 29, 2020

    COVID-19 IP Catch-Up: Remdesivir Access, Zoom TM Security

    The novel coronavirus pandemic has continued to cause delays and waivers in the patent and trademark worlds, and also has led to questions about who owns the rights to a key antiviral drug and whether Zoom should be concerned about its trademark.

  • May 29, 2020

    COVID-19 Securities Catch-Up: The 8 Biggest Investor Actions

    At least 50 federal securities cases with references to COVID-19 have been filed in the past three months, including merger challenges, regulatory enforcement actions and sprawling investor suits, according to a Law360 review of filings. As the pandemic pushes into the summer, Law360 is taking a look at eight major investor actions that were brought in connection with the novel coronavirus since March.

  • May 29, 2020

    PPP By The Numbers: Visualizing Pandemic Biz Relief Funds

    The COVID-19 pandemic has caused widespread economic hardship for businesses of all sizes, with stay-at-home orders just now starting to be lifted after months in effect. Among the bipartisan actions taken by the federal government to support the business community was a concerted effort to provide forgivable loans to small businesses.

  • May 29, 2020

    Corporate Bond Rush Brings A Big Wave Of Firsts

    The tidal wave of corporate debt offerings in recent months has enabled companies to raise billions in cash and gain much-needed breathing room to navigate the coronavirus pandemic, setting records and ushering in several first-of-their kind deals along the way.

  • May 29, 2020

    Digital Taxes Face International Legal Gantlet

    Special taxes on digital companies seem almost inevitable as the novel pandemic heightens focus on the tech sector, but they could face legal challenges under both international trade and tax rules as countries begin to collect.

  • May 29, 2020

    Lyft Sued For Paid Sick Leave In Coronavirus Crisis

    Instead of providing paid sick leave for its drivers during the coronavirus pandemic, Lyft Inc. is forcing employees to either risk their health and the health of their passengers or risk their livelihoods, according to a class action filed Friday in D.C. federal court.

  • May 29, 2020

    IP Owners Approach USPTO Evidence Proposal With Caution

    Patent owners may be able to harness a rule proposed by the U.S. Patent and Trademark Office on Tuesday to get America Invents Act challenges thrown out early, but attorneys tell Law360 they worry that embracing this change could hurt patentees in the long run.

  • May 29, 2020

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    As the COVID-19 pandemic continues, the Centers for Disease Control and Prevention has offered guidance to companies on how to reopen, and the IRS has provided added deadline relief to some employers and employee plans. These are some of the stories in corporate legal news you may have missed in the past week.​

  • May 29, 2020

    3 Questions For Tenants And Owners As Subleasing Looms

    As office and retail tenants continue to have difficulty making rent amid the COVID-19 pandemic, many will look to sublease some or all of their space, and lawyers say the pandemic has ushered in a unique set of sublease questions.

  • May 29, 2020

    McDonald's Aims To Settle Workers' COVID-19 Safety Suit

    McDonald's told an Illinois state judge Friday that it believes it can work out a resolution to a dispute with a proposed class of workers who asked the court to require better safety and protection for workers during the COVID-19 pandemic.

  • May 29, 2020

    EEOC Seeks Input On Curbing Union Work On 'Official Time'

    The U.S. Equal Employment Opportunity Commission on Friday reopened the public comment period on a proposal limiting the ability of federal workers who are union representatives to help colleagues pursue workplace complaints on the government's time, citing the "high level of interest" in the pending regulation.

  • May 28, 2020

    PPP Loan Flexibility Passes House; Disclosure Falls Short

    A nearly unanimous House on Thursday approved a bill that would give more time and flexibility to businesses that receive forgivable loans through the Paycheck Protection Program, but Republicans defeated a proposal for public disclosure of all loans over $2 million.

  • May 28, 2020

    DOJ Clears Satellite Cos. Merger With Conditions

    Global electronic components maker Communications and Power Industries LLC clinched U.S. Department of Justice approval Thursday to acquire a business unit of General Dynamics Corp. for $175 million, as long as the California-based company sells its satellite business subsidiary.

  • May 28, 2020

    T-Mobile Worker's Union Email Was Not Protected, NLRB Says

    T-Mobile USA didn't flout federal labor law when it scolded a call center worker for sending a pro-union mass email to nearly 600 colleagues, the National Labor Relations Board has ruled, saying she was lawfully blocked from using her work account for organizing purposes under a recently changed board precedent.

  • May 28, 2020

    Axed H-1B Work Visa Policies May Not Be Gone For Good

    U.S. Citizenship and Immigration Services agreed to reopen more than 200 H-1B temporary worker visa denials after dropping policies that led to their rejection, but those policies could make a comeback through a formal rulemaking process.

  • May 28, 2020

    Ex-GE Engineer Cops To Stealing Trade Secrets

    A research engineer who worked for General Electric Co. for more than eight years admitted Thursday to swiping trade secrets from his previous employer in hopes of using the information to start his own venture.

  • May 28, 2020

    The Top In-House Hires Of May

    Legal department hires during May included high-profile appointments at Boeing, Bed Bath & Beyond and Spotify. Here, Law360 looks at some of the top in-house announcements from the past few weeks during the COVID-19 outbreak.

  • May 28, 2020

    White House Order To Tackle Twitter Bias On Shaky Ground

    President Donald Trump signed an executive order Thursday urging the Federal Communications Commission to regulate big tech platforms, inflaming a long-simmering debate over the agency's authority to police internet content.

Expert Analysis

  • Mutual Fund Boards Should Rethink Advice To Destroy Notes

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    Independent directors at mutual fund complexes should consider their fiduciary roles and the underlying reasoning behind recent Mutual Fund Directors Forum guidance suggesting that boards regularly destroy meeting minutes and notes in order to avoid misinterpretation and potential litigation, says Aaron Morris at Barr Law Group.

  • How Lawyers Can Network Better, Virtually And In Person

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    The current decrease in formality and increase in common ground due to the work-from-home environment can make it easier to have a networking conversation, says Megan Burke Roudebush at Keepwith.

  • NOL Carryback Rule Changes Bring Benefits For M&A Parties

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    New federal tax rules in the CARES Act, allowing the use of net operating loss carrybacks, bring previously unavailable tax benefits and negotiation opportunities for parties to mergers and acquisitions, say attorneys at Polsinelli.

  • Practical Tips For Presenting Your Case To Litigation Funders

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    One mistake that attorneys commonly make when presenting a case to a third-party funder is focusing almost exclusively on liability and giving short shrift to the damages analysis — resulting in an aspirational damages estimate that falls apart under scrutiny, say Cindy Ahn and Justin Maleson at Longford Capital and Casey Grabenstein at Saul Ewing.

  • Avoiding Inadvertent Privilege Waivers In E-Communications

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    Attorneys at WilmerHale highlight recent developments in privilege law, the significant challenges raised by nontraditional working arrangements popularized during the pandemic, and ways to avoid waiving attorney-client privilege when using electronic communications.

  • PE Minority Investments Offer Alternative Capital During Crisis

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    Cash-strapped companies looking for alternative sources of capital during the pandemic can take advantage of private equity funds’ newfound willingness to make minority investments, which can bring managerial, financial, technical and industry expertise to a business in exchange for considerable control over ongoing operations, say attorneys at Winston & Strawn.

  • SBA Guidance On PPP Loan Forgiveness Has Shortcomings

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    The Small Business Administration’s Paycheck Protection Program loan forgiveness application and interim final rule give borrowers the guidance to make critical operational decisions, but also perpetuate ambiguity, complicated calculations and the threat of investigations, says Amal Dave at Arent Fox.

  • 5 Tips For Drafting Effective Legal Billing Guidelines

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    To properly manage outside counsel, it's imperative for a company's legal department to implement and maintain rules on what they will and won't pay for, on staffing cases and requesting rate increases, and on how matters will be handled, says Chris Seezen at Quovant.

  • Strategies For Managing Calif. Litigation As Courts Reopen

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    As state and federal courts in California begin to reopen, strategic decisions need to be made about where cases should be filed, public and private perception of litigation conduct, alternative plans for discovery, and more, says attorney Steven Brower.

  • Opinion

    Don't Cancel Your Summer Associate Programs

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    While pulling off an effective summer associate program this year will be no easy feat, law firms' investments in their future attorneys should be considered necessary even during this difficult time, says Summer Eberhard at Major Lindsey.

  • A Bankruptcy Probe Primer For White Collar Attorneys

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    As white collar attorneys are increasingly asked to assist with bankruptcy-related investigations by unsecured creditors due to the current economic environment, they should follow best practices concerning discovery, appointment of independent board members, and malpractice claims, say attorneys at Lowenstein Sandler.

  • Pandemic Elevates Cos.' Compliance Risks In Latin America

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    While Latin American governments respond to pandemic-related financial needs, multinational companies face elevated compliance risks from increased interaction with government officials, and new enforcement policies related to the misappropriation of funds, expedited government contracting, increased transparency and monitoring, and international cooperation, say attorneys at K&L Gates.

  • 5 Ways To Reduce Post-Pandemic Legal Malpractice Exposure

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    History suggests that legal malpractice claims will rise following the current economic downturn, and while a certain percentage of the claims will be unavoidable, there are prophylactic steps that law firms can take, says John Johnson at Cozen O'Connor.

  • CARES Act Will Affect Earnouts, Purchase Price Adjustments

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    M&A professionals must be mindful of the CARES Act's implications for certain definitions in transaction documents — including earnings before interest, taxes, depreciation and amortization, net working capital, and indebtedness — as they will shape future earnout provisions and purchase price adjustments, say advisers at Holland & Knight and Daszkal Bolton.

  • Leaving The Tort System Behind Via Corporate Risk Transfer

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    With an increasingly litigious tort environment for corporate defendants, companies holding legacy liabilities would do well to investigate a capital markets solution for transferring their risks, say Mark Hemmann at FARA LLC and Peter Kelso at Roux Associates.

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