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Corporate

  • March 21, 2019

    Ex-Intel Engineer In Trade Secrets Case Must Give Up Docs

    An engineer accused of stealing "revolutionary" secrets from Intel Cop. before jumping ship for rival computer chipmaker Micron Technology Inc. must return any confidential documents he took from the company, a California federal judge said Wednesday.

  • March 21, 2019

    Chancery Threatens Charter's Contractor With Arrests

    In a rare fire-and-brimstone ruling, a Delaware vice chancellor found the top officer of a cloud services contractor to Charter Communications Operating LLC in contempt late Thursday and gave the business until Monday to restore Charter’s access to a crucial sales force pay platform or face the prospect of court-ordered arrests.

  • March 21, 2019

    In Latest EU Fine, Signs Of Google's Next Sanction

    Despite leveling its third major fine against Google for abusing its market power, the European Commission is far from done with the search engine giant.

  • March 21, 2019

    'Training Wheels' Come Off New NY Cybersecurity Rules

    New York’s financial services regulator has demonstrated an eagerness to help companies get up to speed on the state's landmark cybersecurity rules over the past two years, but with the implementation grace period now over, enforcement is likely to heat up, experts say.

  • March 21, 2019

    Hotel Chains Have To Face Search-Engine Antitrust Suit

    An Illinois federal judge on Thursday refused to dismiss a proposed class action against Hyatt, Hilton, Marriott and other hotel giants over allegations the companies have an anti-competitive agreement to avoid advertising against each other via search engines.

  • March 21, 2019

    Ex-Oracle Worker Can Arbitrate Pay Dispute, 9th Circ. Says

    A former worker who hit Oracle Inc. with a putative class action over sales commission pay can send the dispute to arbitration, a Ninth Circuit panel said Thursday, noting that the case put the tech titan in the atypical position of fighting against arbitrating employment matters.

  • March 21, 2019

    Hit Tax Havens To Stop Digital Co. Abuse, UK Group Urges

    Successive U.K. governments have failed to rein in tax avoidance by digital behemoths like Google and Amazon.com, so Britain should target use of Ireland as a tax haven enabling that practice, a U.K. tax advocacy group said Thursday.

  • March 21, 2019

    Tesla, Contractor To Face Trafficking Claim In Visa Fraud Suit

    A California federal judge on Wednesday dumped most of an amended suit alleging Tesla and its contractor committed visa fraud to illegally import low-cost foreign labor, but allowed one of the plaintiffs' human trafficking claims to survive.

  • March 21, 2019

    Facebook Staff Had Access To Millions Of User Passwords

    Facebook admitted Thursday that it stored hundreds of millions of users' passwords in a format that would have allowed Facebook employees to read them, the latest of several privacy lapses for the company.

  • March 21, 2019

    DOL Officially Publishes OT Rule, Triggering Comment Period

    Although its proposed overtime rule was unveiled two weeks ago, the U.S. Department of Labor on Thursday officially set it for publication in Friday's Federal Register, which will start the 60-day clock for public comments that is likely to yield hundreds of thousands of responses.

  • March 21, 2019

    TCJA Could Trip Up Companies With Loss Years

    The international provisions of the 2017 tax overhaul often limit the ability of taxpayers to carry forward losses or credits and smooth over their tax liabilities, leveling an unexpected tax hit on companies with uneven years of profitability.

  • March 21, 2019

    MillerCoors Sues Bud Light Over Super Bowl 'Corn Syrup' Ad

    MillerCoors is suing rival Anheuser-Busch over a Super Bowl ad for Bud Light that claimed Miller Lite and Coors Light contained corn syrup, calling it false advertising “designed to frighten consumers.”

  • March 20, 2019

    Microsoft Women Say Dukes Misapplied To Sex-Bias Claims

    Two female Microsoft workers claiming the tech giant discriminated against them based on their sex told the Ninth Circuit this week a Washington federal court incorrectly applied the U.S. Supreme Court's decision in Wal-Mart v. Dukes when it nixed their bid for class certification last year.

  • March 20, 2019

    SEC Trims Company Disclosure Requirements

    The U.S. Securities and Exchange Commission on Wednesday voted to pare and streamline certain disclosure requirements of public companies, marking the agency's latest effort to prune its regulatory tree after decades of adding branches.

  • March 20, 2019

    Google Ruling Hints At High Court Wariness Of Cy Pres Deals

    The U.S. Supreme Court punted Wednesday on deciding the fairness of Google's $8.5 million cy pres privacy deal that steered funds to third parties instead of class members, but Justice Clarence Thomas' unequivocal criticism of the arrangement is a sign that the high court may soon curtail the practice.

  • March 20, 2019

    Tesla Investor Wants Records On Handling Of Musk's Tweets

    An investor filed a complaint Wednesday in Delaware Chancery Court seeking access to records detailing Tesla Inc.’s handling of CEO Elon Musk's "false and misleading statements" including his Twitter posts.

  • March 20, 2019

    What’s In A Judgeship? More Than Meets The Eye

    Figuring out what constitutes a manageable workload for the nation’s district judges is no simple task. Getting the judiciary the resources it needs is even harder.

  • March 20, 2019

    Swamped: How Magistrate Judges Salvaged Louisiana's Judicial Crisis

    The Western District of Louisiana is supposed to have seven district judges. But for a year, most of the courthouses were operating without a single Article III judge. As usual, magistrate judges picked up the slack.

  • March 20, 2019

    Pointed Questions Suggest Longer FCA Time Limit Is Likely

    An extended time limit for False Claims Act cases where the government doesn't intervene, seemingly supported by the justices at arguments for a pending U.S. Supreme Court case, marks a significant potential expansion of already-high FCA-related risks and costs for federal contractors, attorneys said.

  • March 20, 2019

    AT&T-Time Warner Trial Sets Poor Example, Delrahim Says

    The D.C. Circuit’s handling of the AT&T-Time Warner trial last summer doesn’t set an ideal example for how courts should analyze mergers for anti-competitive harms, the U.S. Department of Justice’s Antitrust Division head said Wednesday, prompting criticism from one Federal Communications Commission member who said the DOJ's current benchmarks "stink."

Expert Analysis

  • Assessing Compliance Risk Under DOJ China Initiative

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    The U.S. Department of Justice's China Initiative should be a signal to Chinese companies, multinational companies with Chinese subsidiaries, and U.S.-based investors in Chinese companies — it's time to design and implement strong anti-corruption and anti-bribery programs, says Jean Chow-Callam of FTI Consulting Inc.

  • Courts May Be Shifting Outlook On Gender Bias Claims

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    The Fourth Circuit’s recent opinion in Parker v. Reema Consulting Services demonstrates how even an office rumor can give rise to Title VII liability, and may be indicative of a judiciary moving toward a more sympathetic approach to women's workplace discrimination claims, says Kathryn Barcroft of Solomon Law Firm PLLC.

  • Lenders Score Major High Court Victory In Foreclosure Case

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    The U.S. Supreme Court's unanimous ruling on Wednesday in Obduskey v. McCarthy & Holthus LLP removes nearly all activities taken by creditors seeking nonjudicial foreclosure of liens and mortgages from the ambit of the Fair Debt Collection Practices Act, says John Baxter of Nelson Mullins Riley & Scarborough LLP.

  • Trial Counsel's Role On A Mass Tort Virtual Law Team

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    Trial counsel’s contribution to the virtual law team throughout the life cycle of a mass tort litigation rests in the key skill of viewing the case through the eyes of the ultimate audience for the defense, the jury, say attorneys at Covington & Burling LLP and Faegre Baker Daniels LLP.

  • How The SEC Eased In-Person Director Voting Rules

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    Last month, U.S. Securities and Exchange Commission staff issued a no-action letter permitting fund and company boards of directors to meet and take certain actions by telephone or video conference when directors cannot meet in person. But the validity of contracts entered into in such circumstances is unclear, say attorneys with Proskauer Rose LLP.

  • Profit Participation Mediation Tips From The 'Bones' Case

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    Despite the inevitable rocky start typical of profit participation mediation cases, a settlement can usually be achieved if parties avoid engaging in premature mediation and carefully address key open issues, some of which were exemplified in the "Bones" arbitration decided last month, says Bruce Isaacs of Signature Resolution.

  • Tech Trends From SXSW Pose Unique Questions For Lawyers

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    These days, a popular theme in media is that lawyers' jobs will be taken by robots. However, based on the tech issues discussed at the South by Southwest technology conference in Austin, Texas, last month, robots may in fact need lawyers, says Nick Abrahams of Norton Rose Fulbright.

  • 2 High Court Decisions Highlight Copyright Act Complexities

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    The U.S. Supreme Court's recent unanimous decisions in Rimini Street v. Oracle and Fourth Estate v. Wall-Street.com clarify terms in the Copyright Act that have been misconstrued for decades, say Alain Villeneuve and Evan Muller of Duane Morris LLP.

  • An Employment Lawyer's Guide To M&A Due Diligence

    Excerpt from Lexis Practice Advisor
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    In the context of corporate mergers and acquisitions, there are several employment-related elements to consider. Attorneys with Proskauer Rose LLP share guidance on discovering, managing and preventing potential liabilities resulting from a target company’s labor and employment practices.

  • Liability For CEO Misconduct Expands After #MeToo

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    The Nevada Gaming Commission's recent $20 million fine against Wynn Resorts for failing to act after reports of its former CEO's alleged sexual misconduct demonstrates how #MeToo has altered the classic economic assessment for harassment claims, says Dove Burns of Obermayer Rebmann Maxwell & Hippel LLP.