Corporate

  • February 21, 2020

    Purdue Picks Ex-USDA Head As Monitor In Bankruptcy

    Purdue Pharma LP announced on Friday that it has tapped former U.S. Secretary of Agriculture Tom Vilsack to monitor compliance with an injunction in the OxyContin maker's ongoing Chapter 11 bankruptcy proceedings.

  • February 21, 2020

    Bloomberg Frees 3 Workers From Confidentiality Pacts

    Democratic presidential hopeful Michael Bloomberg said Friday that his eponymous company will stop using nondisclosure agreements in settlements resolving sexual misconduct claims and that three women who accused him of making inappropriate remarks will be allowed to speak publicly if they wish.

  • February 21, 2020

    Privacy Framework Faces Uphill Climb To Universal Adoption

    A new government-created privacy framework has the potential to be a valuable tool for companies grappling with growing privacy obligations around the world, but whether it will evolve into a widely accepted gold standard hinges on how regulators and vendors respond to the offering. 

  • February 21, 2020

    Conde Nast Drops NDAs Covering Harassment, Discrimination

    Conde Nast is abandoning nondisclosure agreements that muzzle workers from speaking out about discrimination, harassment or retaliation, saying Friday it will not enter into such agreements going forward.

  • February 21, 2020

    Attys Get $7M Fees In Decadelong $102M Funeral Scam Suit

    A Missouri federal judge on Friday awarded $7 million in fees to attorneys who won a $102 million judgment for PNC Bank NA’s predecessor’s role in an alleged $600 million scam involving funeral contracts.

  • February 21, 2020

    Uber Must Face $1B Trade Secrets Suit, Jury Finds

    Uber must face a $1 billion trade secrets lawsuit after a San Francisco jury handed down a verdict Friday finding that an inventor timely brought his claim that the ride-hailing giant and its founder stole his business concept.

  • February 21, 2020

    Kroger Seeks 'Severe' Sanctions For Absent Atty In ADA Case

    Pharmaceutical retailer Kroger asked a Florida federal court Friday to impose harsh sanctions against a Florida attorney and his firm for allegedly ducking scheduled meetings and consistently missing court deadlines amid an Americans with Disabilities Act case.

  • February 21, 2020

    More Companies Likely To 'Test The Waters' Ahead Of IPOs

    More companies are taking advantage of the ability to communicate with select investors in order to gauge market interest before an initial public offering, a trend that lawyers expect to accelerate now that so-called "testing the waters" benefits are available to all companies.

  • February 21, 2020

    Inside The Evolving State Of Shareholder Activism

    Shareholder activism will remain popular in 2020, but recent years have seen the practice morph to include much more than proxy contests, and attorneys must stay up to date on the novel methods investors are using to try and assert influence at companies.

  • February 21, 2020

    DOL Judge Kills Ex-Morgan Stanley Atty Whistleblower Case

    A U.S. Department of Labor judge has thrown out a former Morgan Stanley attorney’s claims that he was pushed out of his job after he brought up ethical concerns, finding he isn’t protected by the retaliation provision of a U.S. anti-fraud law because he worked in Hong Kong.

  • February 21, 2020

    Whataburger Fights EEOC Sanctions Bid In Hiring Policy Suit

    Whataburger Restaurants LLC hit back Friday at a sanctions request by the U.S. Equal Employment Opportunity Commission in a suit accusing the fast-food chain of retaliating against an employee who refused to comply with a directive to hire white job applicants, denying that it withheld relevant discovery documents.

  • February 21, 2020

    SEC And Ex-Exec Of Navistar Reach $500K Partial Settlement

    The former CEO of Navistar International Corporation has reached a $500,000 agreement with the U.S. Securities and Exchange Commission to partially settle claims that he hid the company’s struggles to meet federal environmental standards, government attorneys told an Illinois federal judge Friday.

  • February 21, 2020

    CBS Investors In #MeToo Suit Must Show Moonves Hurt Stock

    A Manhattan federal judge on Friday said a potential class of investors targeting CBS Corp. in relation to the #MeToo movement must prove former CEO Les Moonves made reassuring statements before revelations about his own alleged sexual misconduct tanked CBS shares.

  • February 21, 2020

    Wells Fargo Will Pay $3B To DOJ, SEC Over Sales Scandal

    Wells Fargo & Co. has agreed to pay a total of $3 billion to resolve criminal and civil investigations by the U.S. Department of Justice and U.S. Securities and Exchange Commission stemming from the banking giant’s sales practices scandal, federal officials said Friday.

  • February 21, 2020

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    An ex-AIG legal department worker and his father have settled insider trading claims, and a New Jersey federal judge rejected bids to dismiss Foreign Corrupt Practices Act charges against two former Cognizant executives accused of bribing Indian officials. These are some of the stories in corporate legal news you may have missed in the past week.​

  • February 21, 2020

    DOJ Antitrust Division Still Eyeing Standards Orgs

    The U.S. Department of Justice continues to see little reason for antitrust enforcers to interfere in the exercise of patent rights, although the agency is still keeping a close eye on standard-development organizations, which a senior DOJ official said Friday may be manipulated to skew market forces.

  • February 21, 2020

    Feds Want 1st Circ. To Back Convictions Of Ex-NECC Execs

    Federal prosecutors are urging the First Circuit to reinstate the convictions of two former New England Compounding Center executives for defrauding the U.S. Food and Drug Administration, arguing the district court was wrong to find the convictions were legally impossible.

  • February 21, 2020

    Calif. Private AG Law: Coming To A State Near You?

    New York, Massachusetts and a handful of other states may soon follow California’s lead and empower workers to bring wage, discrimination and other employment lawsuits on the state’s behalf, blunting the arbitration agreements many businesses have adopted to ward off costly class actions.

  • February 20, 2020

    Ex-AIG Legal Worker Settles SEC's Insider Trading Claim

    A former AIG Inc. legal department employee and his father have settled U.S. Securities and Exchange Commission claims that they bought stock in Validus Holdings Ltd. based on the son's inside knowledge that AIG planned to buy the company, the agency said.

  • February 20, 2020

    New Mexico Says Google Is Collecting Kids' Personal Data

    New Mexico’s attorney general on Thursday hit Google with a suit alleging the tech giant is illegally collecting personal information from New Mexico school children under 13 with its G Suite for Education products and Chromebooks, which are offered for free to school districts across the state.

  • February 20, 2020

    Suspension Put On Ice For Atty Who Blasted Judges, Courts

    A New York appellate court vacated its one-year suspension of an attorney it found made "relentless insults and attacks" against federal judges and courts and who also disclosed sealed information about a defendant as part of an extortion plot because the underlying matter still has not been resolved.

  • February 20, 2020

    Secrets Theft Dulled Competitive Edge, Energy Trader Testifies

    Saracen LLC suffered unknowable financial damage and lost a major advantage after a former software developer allegedly sold a rip-off of its proprietary data analysis program to competitors, a supervisor at the company told a Houston federal jury Thursday in a $2.6 million trade secrets trial.

  • February 20, 2020

    MGM Resorts Data Breach Exposes Guests' Personal Details

    Hotel and casino giant MGM Resorts International has admitted that it suffered a data breach last summer that exposed the personal details, including names and contact information, of what one cybersecurity researcher said was more than 10 million guests.

  • February 20, 2020

    How Trump's 10 Picks Have Already Shifted The 9th Circuit

    Although Democratic appointees still hold a majority on the influential Ninth Circuit, experts say President Donald Trump has already succeeded in shifting the historically liberal court, a longtime goal of conservatives that could reduce legal obstacles for hotly contested administration policies.

  • February 20, 2020

    NLRB Judge Says Burger Flipper Not Fired Due To Trans Bias

    A National Labor Relations Board judge has rejected allegations that an Oregon burger restaurant fired a worker because of protected group activity including complaints about alleged transgender bias, saying the evidence shows the worker was terminated for poor job performance and sanitary habits.

Expert Analysis

  • Del. Uber Ruling Reinforces High Bar To Prove Director Bias

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    The Delaware Supreme Court's recent dismissal of a stockholder action alleging conflicts among Uber's board demonstrates how unlikely it is that independent directors would be held personally liable for fiduciary breaches, say attorneys at Fried Frank.

  • 5 Complications That Can Derail A Class Action Settlement

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    As courts increase scrutiny of class action settlement agreements, approval hinges on avoiding common mistakes, such as inadequate forms of notice, lack of Article III standing and irrelevant cy pres recipients, say attorneys at Troutman Sanders.

  • Union Recognition Lessons From CNN's Record NLRB Deal

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    The National Labor Relations Board’s record $76 million settlement with CNN reminds employers to carefully navigate union relationships after a significant business change because workers often retain bargaining and representation rights, say David Pryzbylski and Thomas Payne at Barnes & Thornburg.

  • Rebuttal

    AI Can't Accurately Predict Case Length And Cost — Yet

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    A recent Law360 guest article argued that artificial intelligence can precisely estimate the length and cost of a new case, but several limitations will likely delay truly accurate predictions for years to come, says Andrew Russell at Shaw Keller.

  • Opinion

    High Court Should Not Abet Google's Efficient IP Infringement

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    ​​​​​​​A U.S. Supreme Court ruling in favor of Google in its copyright infringement battle with Oracle would vindicate the search engine’s ruthless economic calculus, encourage IP abuse and dissuade future victims from bringing challenges, says James Skyles of Skyles Law Group.

  • Boardroom Hot Topics: ESG, Purpose And Stakeholders

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    Public company boards of directors should recognize environmental, social and governance issues as a growing priority for investors, identify the purpose of their corporation, and consider focusing on a broader set of stakeholders, say Valeska Pederson Hintz and James O'Grady at Lowenstein Sandler.

  • EEOC Policy Change Clashes With Challenges To Arbitration

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    Although the U.S. Equal Employment Opportunity Commission’s recent retraction of a policy that opposed mandatory arbitration agreements for worker discrimination claims aligns with U.S. Supreme Court precedent, it doesn’t address resistance to arbitration in new state laws or in the wake of #MeToo, says Mauro Ramirez at Fisher Phillips.

  • The 3 SECURE Act Issues Plan Sponsors Should Review First

    Excerpt from Lexis Practice Advisor
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    There are several provisions of the recently enacted Setting Every Community Up for Retirement Enhancement Act that defined contribution plans should be thinking about now, even though many of the law’s big-ticket changes are not effective until 2021, say Casey Fleming and Hannah Demsien at Foley & Lardner.

  • Avenues Of Relief For Cybersecurity Whistleblowers Increase

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    Successful securities and False Claims Act lawsuits and a spate of state legislation over the past year have legitimized cybersecurity deficiencies as a basis for federal and state liability and strengthened protections for whistleblowers, says Matthew LaGarde of Katz Marshall.

  • The Advantages Of PE Sponsor-Strategic Partnerships

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    Several recent mergers and acquisitions concentrated in the health care sector illustrate a growing trend of private equity sponsors teaming up with strategic buyers in innovative ways that provide value for both sides, say attorneys at Debevoise.

  • Ways To Accelerate TCJA Rule Challenges

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    Because the Anti-Injunction Act significantly limits immediate review of a tax regulation or other IRS guidance, companies affected by ambiguities in post-Tax Cuts and Jobs Act rulemaking should explore creative procedural options that may speed up the judicial review process, say attorneys at Skadden.

  • Lawyers Can Build Trust Through The Spoken Word

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    As attorneys, we may prefer the precision of written communication, but a phone call or an in-person conversation builds trust by letting others see and hear our authentic selves, rather than something constructed or scripted, says mediator Sidney Kanazawa of ARC.

  • Opinion

    Legal Prediction Is Demanding But Not Impossible

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    The New Jersey Supreme Court’s recent decision in Balducci v. Cige incorrectly concluded that predicting the length and cost of a case is nearly impossible, and overlooked artificial intelligence's ability to do so, says Joseph Avery with Claudius Legal Intelligence.

  • Trends In Recent FCPA And Cartel Cases Against Execs

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    The U.S. Department of Justice has taken more white collar cases against executives to trial this winter, focusing on Foreign Corrupt Practices Act and cartel allegations, and scoring noteworthy victories in a canned tuna price-fixing case and two rate-rigging cases, say attorneys at Miller & Chevalier.

  • The Deal Maker's Guide To The New CFIUS Framework

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    Now that new national security regulations governing cross-border investment and acquisitions are in effect, attorneys at MoFo identify the key questions deal makers should be asking to assess whether they must, or should, notify the Committee on Foreign Investment in the United States of a transaction.

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