Corporate

  • November 21, 2019

    Apple, Intel Fight Alleged Backer Of 'Meritless Patent' Scheme

    Intel has rejiggered its lawsuit against investment management firm Fortress Investment Group LLC in California federal court, dropping its initial complaint in order to file a new one backed by Apple against the firm’s alleged funding of an anti-competitive patent aggregation scheme.

  • November 21, 2019

    Shipping Co. Buys Mobile Power Plant Lessor In $750M Deal

    Shipping company Seaspan Corp. said Thursday it has acquired mobile gas turbine lessor APR Energy in an all-stock deal worth $750 million including debt.

  • November 21, 2019

    Apple, Cisco Must Redo Fee Requests In 'Reckless' IP Fight

    U.S. District Judge William Alsup is ordering Apple and Cisco to resubmit their bids for attorney fees from a tech company they say dragged them into “recklessly litigated” patent disputes, warning that he may deny relief entirely if the new calculations are unreasonable.

  • November 20, 2019

    Amazon Home Security Raises Privacy Concerns, Dems Say

    A group of Senate Democrats raised privacy concerns Wednesday about Amazon's home security system, Ring, and want to know how users' personal information will be protected from hackers and foreign agents once it's on Amazon's servers.

  • November 20, 2019

    Disclosure, Transparency Regs Headline DOL Benefits Agenda

    The U.S. Department of Labor's benefits division has added several items to its most recent to-do list, telling stakeholders Wednesday that it hopes to push out rules giving employers more leeway to deliver benefits information online and requiring health insurers to tell workers how much they'll owe for treatment before they receive it.

  • November 20, 2019

    UAW President Resigns After Union Moves To Oust Him

    The president of the United Automobile Workers, Gary Jones, resigned on Wednesday after the union moved to oust him from his post amid a bribery and accounting scandal, according to an attorney for the ex-labor leader.

  • November 20, 2019

    EEOC Jumps On Joint Employer Regulation Bandwagon

    The U.S. Equal Employment Opportunity Commission is aiming to clarify its approach for analyzing whether two employers are jointly liable for misbehavior toward workers, making it the third federal agency that oversees employers to tackle the issue in the last year.

  • November 20, 2019

    Amazon Seeks To Snuff Out Cuban Charcoal 'Trafficking' Suit

    Amazon Inc. didn't know the origins of imported Cuban charcoal sold on its website by a third party, and therefore couldn't be liable in a Miami man's lawsuit claiming the retailer and an importer violated a ban on knowingly trafficking in property the Cuban government had seized from Americans, according to briefs the companies filed Tuesday in a Florida federal court.

  • November 20, 2019

    Worker Classification Bid 'Makes No Sense,' Pa. Justice Says

    Arguments aimed at putting employers on the hook for withholding unemployment compensation taxes from workers who could potentially be considered independent contractors faced stiff criticism from Pennsylvania’s highest court on Wednesday, as one justice said the position made “no sense at all.”

  • November 20, 2019

    9th Circ. Autiodialer Definition Too Broad, Trade Orgs Say

    Trade associations are lining up behind Facebook to argue that courts have stretched the definition of what constitutes an autodialing device under the Telephone Consumer Protection Act too far, and that the Supreme Court should step in and put the matter to rest.

  • November 20, 2019

    EEOC Gets $486M For Bias Victims, Cuts Backlog In FY2019

    The U.S. Equal Employment Opportunity Commission took in more than $486 million for discrimination victims in the last fiscal year, almost $20 million less than 2018's lofty haul, the federal workplace bias watchdog said Wednesday.

  • November 20, 2019

    Why Your Company Isn't Too Big For Litigation Funding

    There's a misconception that only small companies or those that are cash-strapped use litigation finance, but that's increasingly not the case, speakers from Burford Capital and Quinn Emanuel said Wednesday during a deep dive into how companies can use such funding streams.

  • November 20, 2019

    Restaurant.com CEO Hit With Suit Over 'Self-Interested' Acts

    Two investors in dining deals website Restaurant.com filed a derivative suit Wednesday in Delaware Chancery Court alleging the company’s CEO has engaged in "self-interested" dealings and unjustly enriched himself amid financial struggle that has led to the company being shopped at an undervalued price.

  • November 20, 2019

    Trump Begins Approving US Sales To Blacklisted Huawei

    The Trump administration has begun allowing certain U.S. companies to sell to Huawei Technologies Co. Ltd. even as the Chinese telecom giant remains on the national security blacklist, the U.S. Department of Commerce confirmed Wednesday.

  • November 20, 2019

    Ex-JPMorgan Trader Found Guilty Of Forex Price-Fixing

    A Manhattan federal jury on Wednesday convicted onetime JPMorgan forex trader Akshay Aiyer of scheming to fix currency prices to boost his earnings, delivering a guilty verdict on a count of conspiring to restrain trade in violation of the Sherman Act.

  • November 20, 2019

    GM Hits Fiat Chrysler With RICO Suit Over UAW Bribes

    General Motors has accused Fiat Chrysler of bribing senior auto workers’ union officials for a decade to corrupt the collective bargaining process, bolster its own negotiating power and disadvantage rival carmakers like GM, according to a bombshell Michigan federal court suit filed Wednesday.

  • November 19, 2019

    Senate Democrats Unveil Sweeping Privacy Bill Framework

    Senate Democrats released a broad-brush view of what they envision for comprehensive federal privacy legislation that would tackle what they see as wide gaps in consumer data protections across a range of industries.

  • November 19, 2019

    Sens. Prod Zuckerberg: Why Keep Tracking User Locations?

    A bipartisan pair of U.S. senators asked Facebook chief Mark Zuckerberg on Tuesday to explain why the social media giant apparently continues tracking users' mobile locations even after they switch off the tracking function on the site's cellphone app.

  • November 19, 2019

    Ex-Executives Ran JFK Airport Bribery Scheme, NY AG Says

    A former British Airways executive and the former chief of an airport ground-services company were indicted on bribery and money laundering charges over an alleged kickbacks-for-contracts scheme at John F. Kennedy International Airport, the New York State Attorney General’s Office said Tuesday.

  • November 19, 2019

    Biz Groups Back US Bank In Supreme Court Pension Fight

    Big-business interests are assembling behind U.S. Bank in its Supreme Court fight to limit ERISA class actions against corporate pension plans, with a pair of free-market law firms and three lobbying groups filing amicus briefs in the case Monday and Tuesday.

  • November 19, 2019

    EEOC Trumps NLRB On Worker Speech Concerns

    Employers’ obligation to keep workplaces free of unlawful discrimination and the National Labor Relations Act’s protections for workers who say arguably offensive things seem like they could present a Catch-22 for businesses. But experts say for employers who have to choose between drawing the ire of the EEOC or the NLRB, there’s no contest.

  • November 19, 2019

    Musk Can't Avoid Trial In 'Pedo Guy' Defamation Suit

    A California federal judge on Tuesday ruled that Tesla Inc. CEO Elon Musk can't escape a defamation suit brought by hero spelunker Vernon Unsworth over Musk’s tweets calling him a pedophile, finding that Unsworth has put forth enough evidence for the dispute to head to a Dec. 3 jury trial.

  • November 19, 2019

    House Dems Unveil New Tax Credits In Green Energy Package

    Several existing renewable energy tax incentives would be expanded and new tax credits to encourage the purchase and use of renewable energy property would be created under a new green energy tax proposal released Tuesday by House Democrats.

  • November 19, 2019

    Citing Oath, Judge Sends Former Och-Ziff Exec To Prison

    A Brooklyn federal judge sentenced a former executive at Och-Ziff Capital Management Group to three months in prison on Tuesday for lying to investigators, saying he felt compelled to do so by the oath he took to "do equal right to the poor and to the rich."

  • November 19, 2019

    2nd Circ. Revives Ex-Bank Employee's Race, Gender Bias Suit

    The Second Circuit revived a fired MUFG Union Bank worker’s race and gender bias lawsuit Monday, saying she pointed to enough instances in which she was allegedly treated worse than her white, male colleagues to keep her case alive.

Expert Analysis

  • The Art Of Drafting Executive Employment Agreements: Part 1

    Excerpt from Lexis Practice Advisor
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    When constructing executive employment agreements, employers and executives often clash, but reviewing both perspectives can help shape a contract that smartly accommodates both parties' interests, says Mark Poerio at The Wagner Law Group.

  • Contractors Shouldn't Panic Over Record OFCCP Recoveries

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    A close look at the Office of Federal Contract Compliance Programs’ record recoveries from government contractors in fiscal year 2019 shows the agency’s momentum is unlikely to hold through 2020, when fewer Obama-era audits remain to be resolved, say former OFCCP Director Ondray Harris and Christy Kiely of Hunton.

  • 3 Ways US Cos. Can Take Advantage Of Tariff Exclusions

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    As the U.S. and China continue their protracted negotiations over trade agreements, there are actions U.S. businesses can take today in an effort to mitigate damages arising out of the latest round of tariffs on Chinese imports, says Katie Roskam at Varnum Riddering.

  • SEC Proposals Could Be Game Changing For Proxy Process

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    Recently proposed rule amendments from the U.S. Securities and Exchange Commission could overhaul the proxy process by making it harder for proxy advisory firms to issue voting recommendations, and by changing the requirements for shareholders submitting proposals, say attorneys at V&E.

  • Warren Bill Presents Powerful Headwinds For Private Equity

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    If passed, Sen. Elizabeth Warren's private equity reform bill would protect companies being purchased by private equity, but impose significant restrictions on funds by eliminating the liability shield and favorable tax treatment they currently enjoy, say Jon Brose and Kevin Neubauer at Seward & Kissel.

  • 7 Steps For Managing Private Equity Whistleblower Risk

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    In light of the U.S. Securities and Exchange Commission's report last week that whistleblower payouts have declined, private equity firms — which face unique risks — should shore up policies to encourage internal reporting and discourage retaliation, say attorneys at Kirkland.

  • How To Hire Lateral Partners More Effectively

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    Although lateral partner hiring is the preferred method of inorganic growth among law firms, the traditional approach to vetting does not employ sufficient due diligence by the hiring firm, says Michael Ellenhorn at executive search firm Decipher Competitive Intelligence.

  • Opinion

    The EEOC Should Continue To Collect Pay Data

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    The U.S. Equal Employment Opportunity Commission recently announced it will end court-ordered collection of pay data. But challenging discrimination requires pay and employment data linked to workplaces, says Donald Tomaskovic-Devey of the University of Massachusetts, Amherst.

  • Aviation Watch: No Winners In Boeing-Airbus Trade Feud

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    Recently announced U.S. tariffs against a range of European products are just the latest negative consequence of a 15-year trade dispute centering on subsidies to Boeing and Airbus — a conflict that has proven disastrous for all involved, says Alan Hoffman, a retired attorney and private pilot.

  • MGA Ruling Guides On Time Limits For Trade Secret Claims

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    A California state appeals court recently upheld a trial court’s dismissal of MGA Entertainment’s Bratz doll trade secret claims against Mattel, demonstrating that new claims uncovered during discovery can trigger the statute of limitations under California's Uniform Trade Secrets Act, says Stephen Moses of Ferber Law.

  • High Court's Pass On 1 SEC Case Offers Insight Into Another

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    The U.S. Supreme Court effectively recognized the U.S. Securities and Exchange Commission's extraterritorial reach in denying certiorari in Scoville v. SEC. The move may foreshadow the high court's eventual ruling in Liu v. SEC, which will determine the regulator's authority to seek disgorgement, say Adam Schwartz and Russell Koonin at Homer Bonner.

  • The Coming Storm Of Biometric Privacy Laws: How To Comply

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    To respond to the rapidly evolving legal landscape, companies that incorporate biometric data into their business practices can take several steps to minimize the risk of privacy litigation exposure, say Jeffrey Rosenthal and David Oberly of Blank Rome.

  • NLRB Ruling Further Clarifies Employer Handbook Standards

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    The National Labor Relations Board’s recent LA Specialty Produce decision demonstrates the impact of the board's 2017 Boeing decision on workplace handbook standards and allowed the NLRB to explain certain aspects of the Boeing ruling, says Anthony Glenn at Barnes & Thornburg.

  • The Coming Storm Of Biometric Privacy Laws: What To Expect

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    While there are only three state biometric privacy laws on the books, there is a growing trend of states' introducing biometric privacy bills, many of which feature far-reaching private right of action provisions that would substantially increase the level of regulatory and litigation risk, say Jeffrey Rosenthal and David Oberly of Blank Rome.

  • Comcast Bias Suit A Bad Way To Make Law, Arguments Show

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    Oral arguments before the U.S. Supreme Court in Comcast v. National Association of African American-Owned Media highlighted the case's flaws, including that it concerns the dismissal of a complaint that omitted a key fact and was tainted by dubious insinuations, says R. Scott Oswald of The Employment Law Group.