As a once black-market industry continues to grow in both legitimacy and size, and with it, a corresponding surge in legal needs, the first generation of general counsel at state-legal U.S. marijuana companies are on the front lines of the new and volatile field of cannabis law.
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Feature

How Cannabis GCs Are Leading The Way In A Legal Gray Area

As a once black-market industry continues to grow in both legitimacy and size, and with it, a corresponding surge in legal needs, the first generation of general counsel at state-legal U.S. marijuana companies are on the front lines of the new and volatile field of cannabis law. Read more »

Analysis

4 Things To Know As NLRB Joint Employer Saga Continues

The National Labor Relations Board inspector general's recent conclusion that board member William Emanuel's ties to Littler Mendelson PC should have precluded him from voting to tighten the board’s test for determining joint employment creates a murky scenario that puts the new employer-friendly standard at risk, attorneys say. Read more »

Analysis

Pass-Throughs Await IRS Guidance Before Restructuring

The recently passed federal tax cut bill slashed income tax rates for corporations, but in the absence of guidance from the Internal Revenue Service, some pass-through businesses are holding off on restructuring that might take advantage of the reduced rates. Read more »

Chamber Seeks Clarity For Tax Law's Repatriation Rules

The U.S. Chamber of Commerce has asked Treasury and IRS officials to clarify the terms of recent guidance that give multinational corporations some wiggle room in determining the amount of offshore income eligible for a one-time discounted tax rate under the newly enacted tax cut law. Read more »

POLICY & REGULATION

Analysis

Tax Specialists Call For Generous Reading Of BEAT Provision

A literal reading of one of the new international provisions in the recent federal tax overhaul could have the unintended consequence of encouraging U.S. companies to change their operations to avoid the harsh treatment, practitioners said. Read more »

Legislate For Cyberattack Disclosure, Lloyd's Chief Says

Private companies could be compelled to hand over information to help the insurance industry in the aftermath of a cyberattack, the head of Lloyd’s of London told Law360 on Thursday. Read more »

LITIGATION

Analysis

Chevron Spared As Justices Say 'Whistleblower' Term Clear

After speculation that a former executive's retaliation case would lead to a re-evaluation of the so-called Chevron doctrine, the U.S. Supreme Court instead found Wednesday that the definition of “whistleblower” in the Dodd-Frank Act is so clear that the question of courts deferring to agencies’ interpretations of ambiguous statutes was moot. Read more »

Feature

SEC Case Exposes Justices' Rift Over 'Legislative History'

The Supreme Court’s long-running tensions over the use of legislative history as a way to interpret law broke out into public view Wednesday in a case over the Dodd-Frank Act’s whistleblower provisions, as Justices Sonia Sotomayor and Clarence Thomas clashed over the value of a Senate report. Read more »

Google Hit With New Lawsuit Stemming From Damore Memo

A former Google engineer on Wednesday accused the company in California state court of retaliating against him for expressing political opinions, including firing him after he took a strong stance against the opinions expressed in a now-public memo by fellow former employee James Damore. Read more »

Newark Accused Of Unlawfully Shielding Amazon HQ Docs

A New Jersey man has slammed Newark with a lawsuit in state court alleging the city unlawfully denied his public records request for documents related to its bid to land Amazon's second U.S. headquarters, citing "a compelling public interest" in learning such information. Read more »

EXPERT ANALYSIS

Breaking Down The New Interest Deduction Limitation Law360 Video

Breaking Down The New Interest Deduction Limitation The Internal Revenue Code has historically limited the ability of corporations to deduct certain interest paid to related parties, but the recent tax reform modified this limitation and expanded its application. In this video, Taylor Kiessig and Brian Tschosik of Eversheds Sutherland LLP discuss differences between the historic and new versions of this limitation on interest expense. Read more »

LEGAL INDUSTRY

Ex-Foley & Lardner Partner Gets 3 Years For Insider Trading

Former Foley & Lardner LLP real estate partner Walter “Chet” Little was sentenced on Thursday to three years in prison for insider trading, following his admission that he cashed in on confidential merger information about the law firm’s clients. Read more »

Calif. Panel Says Ex-Perkins Coie Atty Must Arbitrate Claims

A former Perkins Coie partner must arbitrate claims the law firm dipped into his wages without permission, a California appellate court said Wednesday, reversing a lower court's ruling that his work contract was unconscionable and its arbitration provision wasn't binding. Read more »

White House Atty: Chevron Deference A Priority For Judges

President Donald Trump has prioritized rolling back the "administrative state," White House Counsel Don McGahn said Thursday, and part of that is looking at potential judicial nominees' experience with government regulation and major guideposts like Chevron deference. Read more »

Law360's Weekly Verdict: Legal Lions & Lambs

Williams & Connolly earned a spot on this week's legal lions list after the law firm secured a U.S. Supreme Court opinion in favor of its client narrowing the definition of the term "whistleblower," while Jones Day ended up on the legal lambs list after a federal judge dismantled its client's $2.5 billion jury verdict in an infringement suit over a hepatitis C drug patent. Read more »

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