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Corporate

  • January 15, 2019

    Prof Calls Qualcomm Royalties 'Naked Tax,' Invokes Microsoft

    A University of California, Berkeley economics professor testified for the Federal Trade Commission on Tuesday that Qualcomm's standard-essential patent royalties serve as a competition-killing "naked tax" on its modem chips, comparing the practice to software bundling that got Microsoft in trouble with the feds 20 years ago.

  • January 15, 2019

    Transpo Worker Ruling A Rare Blow To Arbitration Pacts

    The U.S. Supreme Court's Tuesday ruling that transportation workers, regardless of whether they're employees or independent contractors, are exempt from the Federal Arbitration Act chipped at the shield some employers have long relied on to insulate themselves from legal attacks, experts say.

  • January 15, 2019

    NY Lawmakers Pass Bill Banning Transgender Discrimination

    New York state lawmakers on Tuesday passed a bill to outlaw gender identity-based discrimination, bringing an end to a 16-year push to get the legislation on the governor’s desk.

  • January 15, 2019

    Purdue Brass Pinned Opioid Crisis On Addicts, Mass. AG Says

    A court filing by Massachusetts Attorney General Maura Healey on Tuesday revealed new information about the inner workings of Purdue Pharma and its controlling Sackler family as they marketed OxyContin over the past two decades, including harsh statements by executives that point to a strategy of blaming drug users for addiction to the painkiller.

  • January 15, 2019

    AmEx Anti-Steering Claims Cut Down By High Court Ruling

    Several retailers are headed to trial against American Express Co. armed with only a fraction of their original antitrust allegations brought amid multidistrict litigation challenging AmEx's restrictive merchant contracts, as a Brooklyn federal judge heavily pared the retailers' suit Monday to align with a recent U.S. Supreme Court decision.

  • January 15, 2019

    Barr Walks Back Anti-False Claims Act Whistleblower Views

    U.S. attorney general nominee William Barr on Tuesday walked back previous comments about the False Claims Act's whistleblower provisions' being an "abomination" and unconstitutional, saying he would "diligently enforce" the law if confirmed to lead the U.S. Department of Justice.

  • January 15, 2019

    Chancery Serves Papa John's Founder Access To Co. Records

    The Delaware chancellor ruled Tuesday that Papa John’s International Inc. founder and former CEO John Schnatter should be given records he requested over what he contends was his unfair ouster and the company’s improper handling of backlash over alleged racist comments he made about the NFL’s handling of national anthem protests.

  • January 15, 2019

    In Win For Workers, Justices Nix Trucking Co. Arbitration Bid

    The U.S. Supreme Court ruled Tuesday that trucking company New Prime Inc. cannot compel arbitration in a class action alleging it failed to pay independent contractor truck-driver apprentices the proper minimum wage, saying transportation workers engaged in interstate commerce, including those classified as independent contractors, are exempt from the Federal Arbitration Act.

  • January 15, 2019

    Firms Turn To Creative Benefits To Attract Legal Talent

    In-house and law firm lawyers are increasingly looking for nontraditional perks such as flexible work arrangements and paid meals in addition to six-figure salaries and hefty bonuses, according to a report released Tuesday.

  • January 14, 2019

    Oracle, Rimini Spar At High Court Over Copyright Costs

    Attorneys for Oracle and a technical support service called Rimini Street Inc. faced off Monday before the U.S. Supreme Court over how much a winning copyright litigant can recoup in legal bills, offering the justices sharply divergent views on what lawmakers meant by “full costs.”

  • January 14, 2019

    What Noncompete Lawyers Ought To Be Watching In 2019

    Attorneys who handle restrictive covenants will be following a handful of cases and open legal questions as the new year progresses, including a series of suits challenging no-poach agreements and an anticipated wave of litigation over Massachusetts’ new noncompete law. Here, Law360 breaks down what lawyers will be keeping an eye on.

  • January 14, 2019

    Twitter, Google Look To Toss NM's Suit Over Kids' Data

    Twitter, Google and advertising services used in Tiny Lab's apps moved Friday to shake the New Mexico attorney general's claims that they surreptitiously collected kids' location data and personal information, arguing they had no actual knowledge the apps were directed toward children and have no concrete ties to the state.

  • January 14, 2019

    NLRB Narrows View Of Concerted Action By Workers

    The National Labor Relations Board on Friday upended an Obama-era precedent that a worker's gripe can qualify as concerted activity that is shielded by federal labor law if it's made in front of colleagues, ruling against a JFK International Airport porter who was fired for complaining about inadequate tips.

  • January 14, 2019

    Businesses Want To Utilize User Data To Fight Cyber Threats

    A group of U.S. technology companies pushed Monday for the National Institute for Standards in Technology to embrace the collection and sharing of user data to fend off cyber threats as the agency continues to develop what is expected to be an influential set of privacy guidelines.

  • January 14, 2019

    Ex-GC Returns To Lead Haynes And Boone Group In Dallas

    A former partner in Haynes and Boone LLP's white collar practice group has returned to the law firm's Dallas office — after a stint as assistant general counsel for a public health care company — where he will co-lead its health care and life sciences group, the firm announced Monday.

  • January 14, 2019

    High Court Wants SG's Take On Toshiba Stock-Drop Dispute

    The U.S. Supreme Court is asking the U.S. solicitor general to weigh in on the Ninth Circuit's revival of a suit alleging that misstatements made by Toshiba Corp. tanked the price of domestic securities linked to the company's common stock in Japan, a decision that arguably splits with a previous Second Circuit holding.

  • January 14, 2019

    15 Minutes With Tyson Foods' General Counsel

    Amy Tu, who held in-house roles at Boeing, the Gap and Wal-Mart before leading the legal department at Tyson Foods beginning in 2017, doesn't recall a specific pivotal point when she knew she wanted to become a lawyer. Here, she explains her career path and what she didn't previously realize about the general counsel position, and offers advice to attorneys looking to move into the corporate realm.

  • January 14, 2019

    Getting Up To Speed On Apple, Qualcomm's Legal Battle

    The two-year legal war between Apple Inc. and Qualcomm Inc. over patents, licensing practices and trade secrets is barreling ahead, with a series of notable legal developments in recent months. Here is everything you need to know to get up to speed.

  • January 11, 2019

    The Firms That Dominated In 2018

    Law360's top four Firms of the Year notched a combined 32 Practice Group of the Year awards after successfully securing wins in bet-the-company matters and closing high-profile, big-ticket deals for clients throughout 2018.

  • January 11, 2019

    Law360 Names Practice Groups Of The Year

    Law360 congratulates the winners of its 2018 Practice Group of the Year awards, which honor the law firms behind the litigation wins and major deals that resonated throughout the legal industry in the past year.

Expert Analysis

  • Why AFAs Are Key To The Future Of Legal Practice

    Kelly Eisenlohr-Moul

    Alternative fee agreements can help align law firm and client interests, increase efficiency and eliminate corporate extortion, among other benefits. They are the best thing to happen to the practice of law in decades, says Kelly Eisenlohr-Moul at Dinsmore & Shohl LLP.

  • 2019 Annual Meeting And Reporting Considerations: Part 2

    Brian Breheny

    In this installment of their four-part series, attorneys at Skadden Arps Slate Meagher & Flom LLP offer insights to companies on executive compensation matters for 2019 — including pay ratio and hedging disclosures, say-on-pay votes and changes in pay practices due to the Tax Cuts and Jobs Act.

  • FINRA's Suitability Rule Vs. SEC's 'Best Interest' Reg

    Brian Rubin

    A key 2019 priority for the U.S. Securities and Exchange Commission will be adopting the proposed Regulation Best Interest. Attorneys with Eversheds Sutherland explore the questionable foundation of the Financial Industry Regulatory Authority's claim that it is unnecessary.

  • 2019 Annual Meeting And Reporting Considerations: Part 1

    Brian Breheny

    Each company faces important decisions in preparing for its 2019 annual meeting and reporting season. This four-part series by attorneys at Skadden Arps Slate Meagher & Flom LLP covers essential items on which companies should focus, including corporate governance, executive compensation and disclosure matters.

  • Series

    Judging A Book: Barron Reviews 'The Clamor Of Lawyers'

    Judge David Barron

    Can lawyers lead a revolution? According to "The Clamor of Lawyers: The American Revolution and Crisis in the Legal Profession" — a slim but elegant volume by Peter Charles Hoffer and Williamjames Hull Hoffer — they can and they did, says First Circuit Judge David Barron.

  • Cannabis S Corps Should Reconsider Restructuring

    Justin Hobson

    The U.S. Tax Court recently expanded the application of Internal Revenue Code Section 280E, disallowing certain deductions, to include an S corporation acting as a dispensary's “management” company. In response, cannabis companies may want to weigh the tax risks and potential benefits of alternate planning strategies, says Justin Hobson at Lane Powell PC.

  • Handling Corporate Congressional Probes In The Trump Era

    John Hellerman

    President Donald Trump’s approach to crisis communications has changed the game enough to demand companies' consideration of a whole new set of options. John Hellerman of Hellerman Communications and Bill Pittard of KaiserDillon PLLC discuss whether corporations can successfully use similar tactics.

  • Common Stockholders Can Wa[i]ve Appraisal Rights Goodbye

    Morgan Mordecai

    The Delaware Court of Chancery recently held that language in an agreement requiring minority stockholders to waive appraisal rights was enforceable. Though the case is already on appeal, practitioners should make sure agreements with drag-along rights include unambiguous waiver provisions whenever possible, say attorneys at Goodwin Procter LLP.

  • Discovery Confidentiality At Risk After Columbia Pipeline

    Arthur Bookout

    The Delaware Court of Chancery's recent Columbia Pipeline ruling highlights the risk that litigants may find their confidential materials, produced in discovery, attached to their opponents' filings for the purpose of unsealing the documents, say Arthur Bookout and Lilianna Townsend of Skadden Arps Slate Meagher & Flom LLP.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 2

    Peter Jarvis

    Lawyer-directed nonrecourse litigation funding is more likely to protect a lawyer's exercise of independent professional judgment than traditional means of litigation finance, and furthermore enables worthwhile cases that otherwise could not be funded, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.