Corporate

  • September 22, 2020

    House OKs Bill Barring Chinese Imports Over Forced Labor

    The U.S. House of Representatives passed legislation Tuesday that would block more imports from China's Xinjiang region, in the government's latest effort to punish China for its purported forced labor and mistreatment of Muslims.

  • September 22, 2020

    4 Employment Issues In Play For A More Conservative Court

    Justice Ruth Bader Ginsburg’s death gives President Donald Trump a chance to expand the U.S. Supreme Court’s conservative majority to six, raising employers’ chances of winning business-friendly rulings on joint employment, labor rights and other hot-button issues. Here, Law360 looks at four areas of labor and employment law where an expanded conservative majority could make its mark.

  • September 22, 2020

    Chubb Must Defend Rite Aid In Opioid Suits, Del. Court Says

    The Delaware Superior Court ruled Tuesday that Chubb must defend Rite Aid Corp. in hundreds of suits alleging it improperly distributed opioids, finding that alleged economic losses in the underlying litigation were caused by "bodily injury" covered by Chubb's policy.

  • September 22, 2020

    What To Watch As Data Privacy Again Grabs Focus In Senate

    Data privacy will be back in the spotlight at the U.S. Senate on Wednesday, with California's attorney general among those set to advise a key committee on long-running efforts to craft federal privacy legislation that would tighten the reins on companies' data handling practices.

  • September 22, 2020

    Zuckerberg Won't Be Deposed In Oculus Virtual Reality IP Row

    Total Recall Technologies can't depose Facebook CEO Mark Zuckerberg in its suit claiming the founder of Oculus VR stole its headset design and sold it to the social media giant, a California federal judge ruled Tuesday, rejecting TRT's argument that the deposition was relevant to its breach of contract claims.

  • September 22, 2020

    New DOL Independent Contractor Rule Asks Who's The Boss

    The U.S. Department of Labor's long-awaited proposed rule on classifying workers as employees or independent contractors would depart from decades of past practice by emphasizing some parts of a multifactor test over others, wage and hour attorneys told Law360.

  • September 22, 2020

    Judge Slams Firm's 'Deceptive' Facebook Privacy Deal Ads

    Levi & Korsinsky LLP wrongly ran online advertisements designed to "mislead and deceive" consumers into opting out of a recently secured $650 million biometric privacy settlement with Facebook to pursue their own claims, a California federal judge said during a hearing Tuesday, slamming the law firm's "artful" deception.

  • September 22, 2020

    Capital One, Amazon Can't Escape Suit Over 2019 Data Breach

    A Virginia federal court kept alive a proposed class action filed against Capital One and Amazon after the bank's 2019 data breach, finding that consumers have plausibly claimed that the episode led to an "imminent threat" of identity theft.

  • September 22, 2020

    Disney Sued For Barring Maskless Autistic Boy From Store

    The Walt Disney Co. violated the Americans with Disabilities Act when it barred a 7-year-old autistic boy from one of its stores amid the COVID-19 pandemic because he wasn't wearing a mask, according to a lawsuit filed Tuesday in Pennsylvania federal court.

  • September 22, 2020

    More Than 3,300 Importers Energized To Erase China Tariffs

    A push to undo the bulk of President Donald Trump's tariffs on Chinese goods has swelled to include more than 3,300 lawsuits in the U.S. Court of International Trade as importers pin their hopes on a mostly procedural challenge to invalidate a central pillar of Trump's trade policy.

  • September 22, 2020

    Exec's Masturbation Session Cost Worker Her Job, Suit Says

    A New York investment bank that operated "like a boys' club" fired one of its few female employees shortly after she walked in on a top executive masturbating in a conference room and later complained about it, according to a new suit Tuesday.

  • September 22, 2020

    Workers Rip McDonald's Bid To Nix $500M Sex Bias Suit

    Two women accusing McDonald's of fostering a hostile work environment in its corporate-owned Florida restaurants have defended their $500 million proposed class action from the company's attempt to dismiss the suit, telling an Illinois federal court they've sufficiently backed up their claims.

  • September 22, 2020

    Massive Home Depot 401(k) Class Action Gets Green Light

    The Home Depot Inc. must face a $140 million class action brought in Georgia federal court on behalf of hundreds of thousands of current and former employees who claim the company enlisted 401(k) adviser firms that charged exorbitant fees and botched their investments.

  • September 22, 2020

    Fed. Circ. Judge Grills Apple Over Bid To Escape WDTX

    A Federal Circuit judge raised doubts Tuesday about the need to move Uniloc's patent infringement suit against Apple to the tech giant's home state of California after the iPhone maker argued that U.S. District Judge Alan Albright wrongly kept the case in West Texas.

  • September 22, 2020

    Ex-Hemp Co. CEO Accused Of Selling Secret Strain For $3.8M

    A partial owner of a failed venture to breed, cultivate and sell hemp seeds has filed suit against the venture's former CEO, accusing him of selling its trade-secret hemp strain to Canadian company Canopy Growth for $3.83 million under a contract allegedly worth $13 million.

  • September 22, 2020

    Ex-GC Says NJ Casino Sent False Info To Gambling Enforcer

    An Atlantic City casino's former general counsel on Tuesday hit the hotel with state whistleblower and discrimination claims alleging she was fired for objecting to the business's decision to send false information to the state's Division of Gaming Enforcement and ultimately replaced by a less-experienced male attorney.

  • September 22, 2020

    Europe Appears More Open To Long-Term Telework Than US

    European employers have embraced telework at greater levels than their U.S. counterparts and are more willing to stick with it even after the virus wanes, according to a survey released Tuesday by Littler Mendelson PC.

  • September 22, 2020

    DOL Proposes Making It Easier To Label Workers Contractors

    The U.S. Department of Labor unveiled proposed regulations Tuesday that would make it easier for companies to classify workers as independent contractors, excluding them from workplace protections like overtime pay and sick leave.

  • September 21, 2020

    Justice Ginsburg: Who She Was, How She Shaped The Law

    Justice Ruth Bader Ginsburg died on Friday at age 87. Here, Law360 looks at the feminist icon's legacy and the battle brewing over her seat.

  • September 21, 2020

    Law360's The Term: The Life And Legacy Of Justice Ginsburg

    Justice Ruth Bader Ginsburg is among the few on the U.S. Supreme Court to have etched her name into legal history long before donning a robe. In a special episode this week, Law360's The Term dives into her legacy as a pioneering women's rights advocate with two guests who worked by her side. 

  • September 21, 2020

    5 Times Justice Ginsburg Left An Imprint On Employment Law

    Justice Ruth Bader Ginsburg made waves by taking issue with majority rulings in cases involving fair pay for women and access to birth control, but those dissents represent just a fraction of her output during nearly three decades on the U.S. Supreme Court. Here, Law360 digs deeper into the late jurist's employment writings.

  • September 21, 2020

    Budding Textualist Star Barbara Lagoa Eyed For High Court

    Known as a budding superstar in Florida conservative legal circles, committed textualist Judge Barbara Lagoa could continue her lightning-quick ascent through the appellate ranks if President Donald Trump taps her for the now-vacant U.S. Supreme Court seat, where she would become the first Cuban-American, and first Floridian, to sit on the high court.

  • September 21, 2020

    AIG Case May Show Pitfalls Of Legal Ops Consulting

    A former AIG in-house attorney's recent lawsuit shows the possible complications that could arise for companies and clients when businesses that don't focus on legal operations as a core mission externally consult in this growing area of the corporate law department.

  • September 21, 2020

    Sens. Call Purdue CEO Bonus An 'Affront' To Opioid Victims

    A handful of U.S. senators urged a New York bankruptcy judge Monday to reject a compensation proposal that could see Purdue Pharma CEO Craig Landau pocket a bonus of up to $3.5 million, calling the possibility an "affront" to victims of the opioid crisis.

  • September 21, 2020

    Racing Group Says Coca-Cola Used COVID-19 To End Deal

    The National Hot Rod Association hit Coca-Cola with a lawsuit in California federal court Monday accusing the beverage giant of exploiting COVID-19 to terminate a $34 million sponsorship agreement, saying the court should "prevent Coca-Cola's unilateral exit from a valid and binding agreement, under cover of a global tragedy."

Expert Analysis

  • Opinion

    The Case For A Nonpolitical Federal Judiciary

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    For the last 20 years, at the insistence of both parties, U.S. Supreme Court nominations have been fierce ideological battles — which is bad for the country and bad for the public's perception of the legitimacy of the court, say Judge Eric Moyé, Judge Craig Smith and Winston & Strawn partner Tom Melsheimer.

  • A Close Look At CFIUS' New Critical Tech Reporting Rule

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    A recently finalized rule from the Committee on Foreign Investment in the United States, aligning transaction reporting requirements with export control regulations for critical technology, brings several new considerations for buyers and sellers, says Zlatko Hadzismajlovic at McCarter & English.

  • Trump's Drug Pricing Order Is More Bark Than Bite

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    President Donald Trump's new executive order addressing pricing for drugs covered by Medicare Parts B and D glosses over enormous difficulties in restructuring Medicare operations and is unlikely to lead to any imminent changes, say attorneys at Debevoise.

  • Anthem-Cigna Merger Ruling Highlights Post-Deal Issues

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    The Delaware Chancery Court's recent decision to halt the Anthem-Cigna merger on antitrust grounds is most notable for not holding Cigna liable for breaching its obligation to support the transaction, and underscores the vulnerability of merger-of-equals transactions to post-signing issues, say attorneys at Fried Frank.

  • The Keys To A Better Privilege Logging Paradigm

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    Current privilege logging practices to identify what information is being withheld from discovery often lead to costly disputes, so practitioners should adopt a system based on trust and good faith, similar to the presumptions embedded in the business judgment rule for corporate directors and officers, say Kevin Brady at Volkswagen and Charles Ragan and Ted Hiser at Redgrave.

  • Opinion

    RBG's Legacy Can Guide High Court In Oracle Copyright Case

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    While Justice Ruth Bader Ginsburg's scholarship and acumen will no doubt be missed by her colleagues, her intellectual property jurisprudence will guide them in the upcoming, straightforward copyright case Google v. Oracle, which shouldn't be influenced by political leanings, says Sandra Aistars at the Antonin Scalia Law School.

  • Opinion

    Pending Changes Pose Threat To SEC Whistleblower Program

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    If the U.S. Securities and Exchange Commission approves changes to the Dodd-Frank Act whistleblower rules on Wednesday, it will weaken protections for tipsters and radically undermine a regime that has returned $750 million to investors and collected over $2.5 billion in sanctions, says Stephen Kohn of Kohn Kohn & Colapinto.

  • UK Top Court Ruling May Be Problematic For Global SEP Suits

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    There are several reasons to question the wisdom of the U.K. Supreme Court's recent ruling that English judges have the power to set extraterritorial licensing royalty rates for standard-essential patents, including that it encourages forum shopping, says Thomas Cotter at the University of Minnesota Law School.

  • Class Arbitration May Meet Its Demise At High Court This Term

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    While the Second Circuit’s 2019 opinion in Jock v. Sterling Jewelers and the Ninth Circuit’s recent decision in Shivkov v. Artex exemplify how two interrelated inquiries have rescued class arbitration, the U.S. Supreme Court will likely address the issues this term and extinguish the practice, say attorneys at McGuireWoods.

  • Equator Principles Update: What Energy Cos. Should Know

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    An Oct. 1 update to the Equator Principles will bring significant changes to the environmental, social and governance framework, and energy projects receiving loans of as little as $50 million must now prepare for compliance, says Jillian Kirn at Greenberg Traurig.

  • White House Due Process Memo Could Reform Enforcement

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    A little-noticed memo recently issued by the Trump administration in response to the pandemic, directing federal agencies to provide greater due process to individuals and companies under regulatory investigation, represents a long-overdue sea change in the way justice is carried out in enforcement proceedings, say Joan Meyer and Norman Bloch at Thompson Hine.

  • Uber Exec's Charges In Data Breach Case Reveal Novel Risks

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    After the recently announced felony charges against a former Uber executive for failing to inform the Federal Trade Commission of a data breach, there are several action items general counsel should now consider to guard against this disturbing new risk of individual criminal liability, say attorneys at V&E.

  • Law Firm Hiring Considerations In A COVID-19 Economy

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    Financially robust law firms are entering the recruiting market aggressively knowing that dislocations like the COVID-19 crisis present rare competitive opportunities, and firms that remain on the sidelines when it comes to strategic hiring will be especially vulnerable to having their best talent poached, says Brian Burlant at Major Lindsey.

  • Cannabis Mergers Skewed Hart-Scott-Rodino Report Data

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    Data in the recently released 2019 Hart-Scott-Rodino report is plagued by nine of 31 significant merger investigations having involved cannabis industry mergers for which credible antitrust concerns were lacking, making meaningful comparison with enforcement efforts in previous years difficult, says Jack Sidorov at Lowenstein Sandler.

  • Employer Tips For Investigating Racial Bias Complaints

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    As awareness of societal racial injustices increases, it is more important than ever for companies to properly investigate employee concerns about workplace inequities by building trust, examining microaggressions and assessing the organization’s overall culture, says Daphne Bishop at Carothers DiSante.

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