Corporate

  • January 17, 2020

    Facebook Must Turn Over App Data As Part Of Mass. Probe

    As part of an investigation launched in the wake of the Cambridge Analytica scandal, Facebook Inc. will have to turn over to the Massachusetts attorney general the names of any apps on its platform that may have misused user data, a state judge ruled Friday.

  • January 17, 2020

    Chancery Energizes Investor Bids To Probe Corporations

    A ruling by Delaware Vice Chancellor J. Travis Laster has recharged stockholder rights of access to company books and records, beating down AmerisourceBergen Corp.'s efforts to stop an investor probe of opioid-control oversight failures and potentially shoring up cases the plaintiffs bar considered to be at risk.

  • January 17, 2020

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    The U.S. said companies have 90 days before they face punishment under new Iran sanctions, and Harvard students threatened to boycott Paul Weiss over Exxon. ​​​​​​​These are some of the stories in corporate legal news you may have missed in the past week.​

  • January 16, 2020

    NLRB Advice Memos Tackle Investigations, Arbitration Pacts

    In a new round of guidance memos, the National Labor Relations Board's advice division tackles Obama-era precedent on workplace investigations and weighs in on the legality of a "voluntary" arbitration agreement.

  • January 16, 2020

    Mich. Privacy Law Covers Out-Of-State Readers, Judge Says

    A Michigan federal judge on Thursday refused to ax a putative class action accusing magazine publisher Crain Communications of unlawfully disclosing subscribers' personal information to third parties, finding that plaintiffs need not live in Michigan to bring claims under the state's reader privacy law. 

  • January 16, 2020

    App Cos. Sue Facebook Over 'Brazen' Anti-Competitive Plot

    A handful of tech companies launched a proposed class action against Facebook on Thursday in California federal court, alleging the social media giant intentionally set out to destroy app developers it deemed as potential rivals in "the most brazen, willful anti-competitive scheme in a generation."

  • January 16, 2020

    Merck Says Ax Of $2.5B Patent Win A 'Disaster For Innovation'

    Merck & Co.'s Idenix subsidiary urged the full Federal Circuit on Wednesday to reconsider a decision that wiped out a $2.5 billion verdict in a patent dispute with Gilead Sciences Inc., saying the ruling "threatens disaster for innovation."

  • January 16, 2020

    Cluttered TJ Maxx, Marshalls Stores Violate ADA, Suit Says

    The owner of TJ Maxx and Marshalls was slapped with a disability discrimination suit in Pennsylvania federal court by a proposed class of consumers who claim the cluttered stores and narrow aisles present a significant barrier to the disabled.

  • January 16, 2020

    Calif. Supreme Court Takes 2nd Dynamex Retroactivity Case

    The California Supreme Court has agreed to hear another appeal asking whether its 2018 decision adopting a lower bar for proving employers misclassified workers as independent contractors applies retroactively.

  • January 16, 2020

    Walmart Beats EEOC Discrimination Suit Over Sabbath Work

    A Wisconsin federal judge granted Walmart an early win Thursday over a U.S. Equal Employment Opportunity Commission lawsuit alleging the retail giant engaged in discrimination by rescinding a man’s job offer because he refused to work on his Sabbath, ruling that Walmart had offered reasonable accommodations.

  • January 16, 2020

    Aramark Strikes $21M Deal To End Managers' Bonus Suit

    Aramark Corp. and a group of several thousand workers have asked a Pennsylvania federal judge to sign off on a $21 million settlement that would resolve a suit claiming the company reneged on its promise to pay bonuses to managers in 2018.

  • January 16, 2020

    SEC Urges Justices Not To Cuff Its Disgorgement Power

    The U.S. Securities and Exchange Commission told the U.S. Supreme Court that closing off the agency's ability to obtain disgorgement in federal court cases would throw a wrench into enforcing securities law, pushing back against challengers that argue such relief strays beyond the bounds of the agency's statutory authority.

  • January 16, 2020

    Tata Urges 7th Circ. To Toss $420M Trade Secrets Verdict

    Units of Indian superconglomerate Tata Group told the Seventh Circuit that they shouldn't have to pay more than $400 million in damages to Wisconsin-based Epic Systems Corp. for ripping off its health care software, saying Epic hadn't shown evidence of any compensable injury at trial.

  • January 16, 2020

    Senate Sends North America Trade Deal To Trump

    The Senate approved President Donald Trump's updated North American trade pact in a bipartisan 89-10 vote Thursday, more than a year after negotiations with Mexico and Canada concluded.

  • January 15, 2020

    Patent Behemoth IBM Latest Co. To Join LOT Network

    IBM on Tuesday said it was joining the LOT Network, a patent-licensing initiative aimed at curbing lawsuits by patent assertion entities, or so-called "patent trolls," a move the company called "a major step in its dedication to open innovation and responsible stewardship of technology."

  • January 15, 2020

    5th Circ. Says BP Must Pay Walmart $15M For Oil Spill Losses

    The Fifth Circuit ruled on Tuesday that a lower court was right to refuse to take up BP PLC's challenge to Walmart's bid to collect $15 million from a settlement program linked to the 2010 explosion and spill aboard BP's Deepwater Horizon oil rig in the Gulf of Mexico.

  • January 15, 2020

    Equifax Data Breach Settlement Is A Good Deal, Judge Says

    A landmark data breach deal that requires Equifax to pay up to $425 million to consumers provides valuable monetary and injunctive benefits that "likely exceed" what class members could have achieved at trial, a Georgia federal judge said in a lengthy ruling explaining why he approved the contested settlement. 

  • January 15, 2020

    J&J Can't Keep CEO Off Stand At Talc Asbestos Trial

    Johnson & Johnson on Wednesday failed to convince the New Jersey Appellate Division to let its chief executive avoid testifying at a state trial to decide punitive damages following a combined $37.3 million compensatory damages verdict over claims that four people developed mesothelioma from using the company's baby powder.

  • January 15, 2020

    House OKs Easing Path For Age Discrimination Suits

    The House approved a bill Wednesday that would lower the bar for employees alleging age discrimination, with some Republicans joining Democrats in a push to override 2009 U.S. Supreme Court precedent. 

  • January 15, 2020

    How The US Plans To Enforce Its New Trade Deal With China

    The preliminary U.S.-China trade deal signed Wednesday will allow the U.S. to swiftly punish Beijing if the agreement is violated, as the White House looks to correct past administrations’ struggles to secure meaningful reforms in China.

  • January 15, 2020

    Walmart Beats Whistleblower's Skewed-Sales Claims In Calif.

    A California federal judge tossed a former Walmart executive's whistleblower suit claiming the retail giant wrongfully fired him after he raised issues about its business practices, ruling that Walmart had "a mountain of evidence" the man was a poor-performing employee whose termination wasn't connected to whistleblowing.

  • January 15, 2020

    Del. Justices Weigh If Partnership Change Kills Standing

    A partnership formed to file a drug-marketing whistleblower complaint in 2011 urged Delaware's Supreme Court Wednesday to reject drug company arguments that the replacement of one member dissolved its standing in the case, during arguments on a Third Circuit inquiry about state partnership law.

  • January 15, 2020

    AmEx Wins Arbitration, Dismissal For Anti-Steering Suit

    Retailers still accusing American Express of violating antitrust law will have to pursue their allegations in arbitration, if at all, after a New York federal judge said Wednesday that merchants with card acceptance agreements are bound by an arbitration agreement while those without them have no case at all.

  • January 15, 2020

    How The High Court Could Reshape The TCPA's Future

    The U.S. Supreme Court's upcoming ruling on the constitutionality of the Telephone Consumer Protection Act could drastically transform how the statute is wielded in court and spur a perpetually divided Congress to craft a new set of robocall restrictions.

  • January 15, 2020

    Atty Can't Be Both Trial Counsel and Witness, Judge Says

    Quality Plus Services' general counsel can't represent the company at trial because she is one of the key witnesses for the other side in a $1.3 million insurance dispute over cybercrime losses, a Virginia federal judge said Wednesday.

Expert Analysis

  • Anti-Ransomware Strategies Must Evolve With Threat

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    With a recent FBI report warning of ransomware that encrypts and exfiltrates data, it is now more important than ever for businesses and governments to assess and implement prevention and preparation strategies, including an offensive litigation approach, says John Gray of Lewis Roca.

  • Litigating FRAND Rates After Fed. Circ. Ericsson Decision

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    After the Federal Circuit’s recent ruling in TCL v. Ericsson, which puts juries at the helm of calculating FRAND damages for standard-essential patents, litigators should focus on preparing a simplified and emotionally persuasive story and garnering the evidentiary support necessary for a favorable appeal, says Larry Sandell of Mei & Mark.

  • Baseball Scandal Highlights Compliance Lessons For Banks

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    The MLB's recent disciplinary action against the Houston Astros for stealing other teams' hand signals underscores compliance lessons for banks and other financial institutions, whose regulators are similarly focused on insufficient institutional controls, say Mitchel Kider and Michael Kieval at Weiner Brodsky.

  • SG Argument Likely Dooms Ariz. Tax Case At High Court

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    In Arizona's case challenging California's doing business tax, the solicitor general's recently filed amicus brief arguing that Arizona's constitutional challenge does not warrant the U.S. Supreme Court’s exercise of its original jurisdiction may signal the end of Arizona's attempt to bypass state court, say Robert Merten and Mike Le at Pillsbury.

  • Top 10 Employment Law Developments Of The Decade: Part 2

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    In the final part of this article, Barbara Roth and Tyler Hendry at Herbert Smith look back on the most significant labor and employment law updates from the second half of the decade, and reveal their choice for the most important change of the 2010s.

  • NY State Flexes Muscles With Energy Service Co. Restrictions

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    The New York State Public Service Commission's new regulations for energy service companies — imposing enhanced eligibility criteria, price caps, and limitations on products and services — raise concerns about how the commission might impose similar restrictions in the broader distributed energy resource markets, say Thomas Puchner and Kevin Blake of Phillips Lytle.

  • How Associate Life Has Evolved Over The Past Decade

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    During the last 10 years, the need to embrace change was fundamental for law firms, and that change affected associates in many ways — most, but not all, for the better, says Brad Kaufman, co-president of Greenberg Traurig.

  • Trademark Profit Awards At High Court Crossroads

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    The U.S. Supreme Court's inquiries at Tuesday's oral arguments in Romag Fasteners v. Fossil suggest it may conclude that a showing of willful conduct is not a threshold gateway through which a trademark plaintiff must pass on the road to disgorgement of an infringer's profits, says Ben Clark of Bryan Cave.

  • Justices Seem Keen To Solve ERISA Case's Article III Question

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    Oral arguments in Thole v. U.S. Bank suggested the U.S. Supreme Court is willing to explore whether Employee Retirement Income Security Act plaintiffs have constitutional standing to sue over an adequately funded plan — even though the lower courts sidestepped the issue, say attorneys at King & Spalding.

  • High Court May Lean Away From 2nd Circ. In 'Lucky' TM Case

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    The justices at Monday's U.S. Supreme Court oral arguments in the trademark case Lucky v. Marcel appeared skeptical of the Second Circuit’s new four-part test for defense preclusion and seemed to favor the application of existing legal precedent over the creation of a new one, say Robert Potter and Forrest Flemming of Kilpatrick.

  • What's Changed And What's The Same In Final CFIUS Rules

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    The U.S. Department of the Treasury’s final rules implementing the Foreign Investment Risk Review Modernization Act complete the revamp of the Committee on Foreign Investment in the United States, which will be more complex and better resourced to address evolving national security risks that arise in the context of foreign investments, say attorneys at Akin Gump.

  • Energy Cos. Face China State Secrecy Law Risks

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    Multinational energy and natural resources companies doing business in China face particular risks related to China's state secrecy laws, due to the broad and vaguely defined range of information that may be classified as secret, say Alvin Xiao and Fabian Roday of Fangda Partners.

  • Top 10 Employment Law Developments Of The Decade: Part 1

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    In the first of two articles, Barbara Roth and Tyler Hendry at Herbert Smith highlight the decade's most significant labor and employment law changes, including the U.S. Supreme Court’s 2011 decision in Dukes to raise the class certification threshold, and the spread of state and local paid sick leave laws.

  • 8 Executive Pay Considerations For An Economic Downturn

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    Amid forecasts of economic volatility, employers should address executive compensation and performance awards progressively and with quick adjustments when disruption hits, say Mark Poerio and Dan Brandenburg at The Wagner Law Group.

  • The Shortcomings Of DOL's Fluctuating Workweek Proposal

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    While clarifications in the U.S. Department of Labor's recently proposed rule on fluctuating workweek bonus pay calculations are encouraging, silence on the standard for fluctuating hours will continue to create uncertainty for employers and employees, says Sarabeth Hall at Fisher Phillips.