Corporate

  • August 21, 2019

    SEC Guidance Could Subject Proxy Firms To Closer Scrutiny

    A divided Securities and Exchange Commission on Wednesday approved guidance clarifying how investors should rely on proxy advisory firms when making voting decisions, a move welcomed by business interests but panned by certain investor advocates.

  • August 20, 2019

    DOJ Calls Sabre's Bluff, Challenges $360M Farelogix Merger

    The U.S. Department of Justice filed suit in a Delaware federal court Tuesday to block Sabre's planned $360 million acquisition of its "disruptive" airline booking technology competitor Farelogix, a move that comes just days after Sabre all but dared the DOJ to challenge the merger.

  • August 20, 2019

    L'Oreal Hit With $50M Damages In Olaplex Trade Secrets Suit

    L'Oreal USA Inc. will have to pay nearly $50 million for misappropriating trade secrets and infringing patents belonging to the hair care company Olaplex LLC, according to calculations detailed in a Tuesday judgment by the Delaware federal judge overseeing the case.

  • August 20, 2019

    Walmart Claims Faulty Tesla Solar Panels Are Starting Fires

    Walmart has hit SolarCity Corp. with a breach of contract and negligence lawsuit in New York state court that accuses Tesla’s solar energy subsidiary of negligently installing solar panels that have started at least seven fires on the rooftops of retail stores in Ohio, Maryland and California.

  • August 20, 2019

    Mass. Amazon Driver Exempt From Arbitration In Wage Suit

    A delivery driver suing Amazon over alleged unpaid wages and unreimbursed expenses counts as a transportation worker exempt from arbitration, a Massachusetts federal judge ruled Tuesday, but he’ll have to fight the case in Washington state alongside a similar suit.

  • August 20, 2019

    Amazon Win Shuts Down IRS' Broad Definition Of Intangibles

    The IRS loss at the Ninth Circuit in its dispute with Amazon.com Inc. — the latest defeat for the government over cost-sharing rules — likely signals that legal battles over the precise definitions of intangible assets are coming to a close.

  • August 20, 2019

    Fintech Adoption Poised For Growth In US Despite Lag

    The adoption of fintech products that provide online banking and money transmission services has been uneven across the globe, with U.S. consumers lagging behind those in China and India, but with regulatory clarity potentially on the horizon, some see the potential for a surge in use in the U.S.

  • August 20, 2019

    Ex-CEO To Pay $20M Over Small-Biz Contracting Scheme

    A Virginia defense contractor’s former CEO agreed to fork over $20 million to settle allegations that he violated the False Claims Act by fraudulently winning small-business contracts his company wasn’t eligible for, the U.S. Department of Justice said Tuesday.

  • August 20, 2019

    5th Circ. Invokes Chanel In Siding With Pier 1 Over Stock Drop

    The Fifth Circuit affirmed the dismissal of a shareholder suit alleging Pier 1 hid the possibility that it might cut prices to sell excess inventory, using a Coco Chanel quote to reject claims executives knew their products were at risk of discounts because they were trendy.

  • August 20, 2019

    Dean Foods Ex-Chair Diverts $9.7M Fraud Restitution Suit

    The former Dean Foods Co. chairman convicted of insider trading does not have to face the company's lawsuit in Texas seeking to recoup $9.7 million it spent on the case, including millions for his legal defense, after a state judge ruled Monday that the case belongs in Delaware.

  • August 20, 2019

    Fed. Circ. 'Invited Mischief' Into Courts, Execs Tell High Court

    Former CEOs of Apple and Hewlett-Packard and a group of inventors have heaped pressure on the U.S. Supreme Court to take up a patent-holding company's case claiming the Federal Circuit undermined the judicial process when it tossed a $22 million infringement loss against Samsung.

  • August 20, 2019

    Chinese Drywall Makers Shell Out $248M To Settle MDL

    Homeowners and Chinese companies embroiled in litigation over allegedly defective drywall have reached a $248 million settlement to resolve the dispute, according to a filing in Louisiana federal court Tuesday.

  • August 19, 2019

    FilmOn Exec Made Office View 'Disgusting' Porn, Jury Told

    A former FilmOn employee told a California state jury Monday that billionaire owner Alki David repeatedly groped her, forced her to watch "disgusting" fetish pornography, carried her upside down by her ankles through the office while her underwear was exposed, and once even tied her to a chair.

  • August 19, 2019

    Ex-Morgan Stanley Worker Can't Duck Arbitration: 7th Circ.

    A former Morgan Stanley financial adviser must take his discrimination claims against the investment bank to arbitration, the Seventh Circuit ruled Monday, finding he's still beholden to an arbitration agreement that changed after his hiring, even though he purportedly didn’t see the email announcing the changes.

  • August 19, 2019

    Risky Amazon Warehouse Rack Work Hurt 2 On Job, Jury Told

    Two ironworkers who say they suffered career-ending injuries when an uncertified forklift driver caused a massive storage rack to fall on them as they worked on a behind-schedule Amazon warehouse project with inadequate supervision asked an Illinois federal jury Monday to hold Amazon and others responsible.

  • August 19, 2019

    Draft Civil Procedure Rules Demand New Corporate Reporting

    Newly proposed changes to the Federal Rules of Civil Procedure would expand the list of relevant individuals and associated parties that companies must identify when a case is filed so that diversity jurisdiction can be determined early on, according to a Monday announcement opening up public comment on the revisions.

  • August 19, 2019

    IAM's Union Bias Case Against Boeing Cleared For Takeoff

    The National Labor Relations Board's general counsel is poised to file a complaint alleging Boeing fired a handful of jet mechanics for supporting the International Association of Machinists and Aerospace Workers amid a bitter South Carolina organizing battle, the union announced Monday.

  • August 19, 2019

    Fed. Circ. Provides Way To Delay Alice Rulings, With Risks

    A Federal Circuit decision faulting a lower court for invalidating patents as abstract ideas before construing the claims could help patent owners stave off early ineligibility rulings in some cases, but the strategy comes with several potential pitfalls, attorneys say.

  • August 19, 2019

    Brother Urges ITC To Ban Imports Of Copycat Cartridges

    Brother Industries Ltd. on Monday accused a slew of rivals of shipping toner cartridges that rip off its intellectual property from China into the U.S.

  • August 19, 2019

    Ex-Alstom Exec Can't Dodge Charges Despite 'Close' Call

    A former Alstom SA executive lost a bid to dismiss foreign bribery charges on Monday over years of delay, although a Connecticut federal judge said the case was a "close" one that illustrates the difficulty of deciding when a case is so old that it violates a defendant's right to a speedy trial.

  • August 19, 2019

    Facebook, Amazon Blast French Digital Tax In USTR Hearing

    Representatives from Facebook, Amazon and Google said complying with a new French digital services tax will present significant challenges, including creating new measures to track individual user data, while testifying at a U.S. trade representative public hearing Monday.

  • August 19, 2019

    90 Seconds Late Is Too Late, Says Claims Court

    A cybersecurity contractor missed its chance when it submitted a quote just 90 seconds after the deadline, a U.S. Court of Federal Claims judge said Monday.

  • August 19, 2019

    Ex-LA Times Columnist Wins $15M In Age, Disability Suit

    Former Los Angeles Times sports columnist T.J. Simers was awarded more than $15 million by a Los Angeles jury Monday in a second trial over claims that he was discriminated against based on his age and disability.

  • August 19, 2019

    Immigration Attys Seek Answers On New H-1B Registration

    A coalition of 15 organizations representing U.S. employees, immigration attorneys and higher education institutions have asked U.S. Citizenship and Immigration Services to clarify whether a proposed overhaul to the H-1B visa application process will be rolled out by the 2021 filing cycle.

  • August 19, 2019

    States Slam DOL Over 'Arbitrary' Injury Reporting Rollback

    Six states challenging the U.S. Department of Labor’s move to roll back rules requiring large employers to submit electronic reports of workplace injuries have told a D.C. federal court that revoking the regulation is “substantively arbitrary and capricious” and that the government is exaggerating the workplace privacy concerns.

Expert Analysis

  • Changes Bring Structure To SEC Settlement Waiver Process

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    The U.S. Securities and Exchange Commission's decision to allow firms to make settlements with the regulator contingent on requests to waive disqualifications under the federal securities laws gives firms more clarity around the collateral consequences of offers of settlement, say attorneys at Sidley Austin.

  • 5th Circ. Liquor Sales Ruling Skirts Commerce Clause Issues

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    The Fifth Circuit's decision in Walmart v. Texas Alcoholic Beverage Commission, upholding a Texas law that bans public ownership of retail liquor stores, suggests that there will continue to be tension between states’ 21st Amendment rights to regulate liquor within their borders and the U.S. Constitution's commerce clause, says Louis Terminello at Greenspoon Marder.

  • CFTC's Silence Stings In Wheat Futures Manipulation Case

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    The U.S. Commodity Futures Trading Commission v. Kraft and Mondelez case was expected to clarify new standards for prosecuting market manipulation, but instead ended in a settlement that failed to provide any guidance or context, and even barred the CFTC from publicly commenting on the case, says Braden Perry at Kennyhertz Perry.

  • A Robust Federal Consumer Protection Law May Be Ahead

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    The U.S. Department of Justice, the Federal Trade Commission and the Consumer Financial Protection Bureau all recently announced pushes into data privacy and security through consumer protection enforcement, suggesting that they could be developing the foundation for a new U.S. federal privacy statute, say Brad Elbein and Linda Priebe of Culhane Meadows.

  • California Tax Takes: A Tool To Fight Underpayment Penalties

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    If the California Legislature adds tax claims to the ambit of the state False Claims Act, taxpayers would need to evaluate their potential exposure to the large corporate understatement penalty or consider challenging the penalty as an excessive fine, pursuant to the recent U.S. Supreme Court decision in Timbs v. Indiana, say attorneys at Reed Smith.

  • Crisis Messaging To Protect Law Firm Brand And Bottom Line

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    When crises occur, such as data security incidents or gender bias suits, a well-prepared law firm has a thoroughly tested communications plan at the ready, which ensures the firm is the most proactive news source, prevents the crisis from escalating and notifies stakeholders about mitigation efforts, says Zach Olsen at Infinite Global.

  • Shareholder Activism Pushes Boundaries Of Board Duties

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    The Delaware Supreme Court’s recent decision in Marchand v. Barnhill may signal a shift in how the state recognizes broader stakeholder interests in the name of shareholder value, say Beth Boland and Andrew Howell at Foley & Lardner.

  • What Cos. Should Consider To Prep For Nev. Data Privacy Law

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    Website operators that collect and sell Nevada residents' personal information should lay the groundwork for compliance with Nevada Senate Bill 220, effective on Oct. 1, which will be the first U.S. law to grant consumers the right to opt out of the sale of their data, say attorneys at Morgan Lewis.

  • Calif. Justices Set Low Bar For Website Bias Claims

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    The California Supreme Court’s recent opinion in White v. Square — that plaintiffs need only show they intended to use an online business’ services in order to sue for alleged discrimination — could have far-reaching consequences for e-commerce, initially in California and potentially nationwide, say Katherine Catlos and Aaron Cargain of Kaufman Dolowich.

  • Assessing The Cost, Legal Fallout Of Capital One Data Breach

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    Following Capital One's recent massive data breach, Jack Lu of IPMAP estimates the incremental direct cost incurred for management of the breach and for post-breach legal and regulatory processes, shedding light on the economic and legal uncertainties.

  • Florida Tax Views: A Closer Look At $500M Corporate Refund

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    While some may suggest the pending Florida corporate tax refund of $543.2 million is a mammoth tax cut, it is actually just a correction for the government's inadvertent overcollection, says French Brown of Dean Mead.

  • Perspectives

    What You Should Know About Courtroom Closures

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    At attorney Greg Craig’s trial in D.C. federal court this week, the courtroom was cleared so prospective jurors could answer sensitive questions. Even seasoned litigators were left wondering about the nature of this subtle, yet significant, issue involving Sixth Amendment public trial rights, says Luke Cass at Quarles & Brady.

  • FERC Rate Reforms Mean More Data Collection For Cos.

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    The Federal Energy Regulatory Commission's revised regulations for selling energy services at market-based rates likely will streamline rate applications and related compliance filings, but they could create a significant initial burden for some companies, say Adam Wenner and Cory Lankford of Orrick.

  • 8 Proactive Steps To Avoid Workplace Age Bias Claims

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    As demonstrated by Google's recent $11 million settlement to resolve an age discrimination class action, employers must combat age discrimination with a multifaceted approach that includes cooperation from all members of management, say Charlene Gedeus and Michael Truncellito at Buchanan Ingersoll.

  • How To Identify Insolvent Publicly Traded Companies

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    In bankruptcy proceedings, many issues hinge on whether the filing entity was insolvent when it took certain actions. A simple algebraic formula can identify balance-sheet insolvent firms that otherwise might escape detection before filing for bankruptcy, says researcher J.B. Heaton.