Corporate

  • October 11, 2019

    6th Circ. Won't Revive Suit Over Alleged Chrysler-UAW Bribery

    The Sixth Circuit ruled Friday that workers in a Chrysler paint shop should have known something was amiss in the dealings between the United Automobile Workers and the company before bribery charges were unveiled, affirming a lower court’s decision to toss their case as untimely.

  • October 11, 2019

    Apple-Qualcomm Patent Feud Still Rumbling At PTAB

    After striking a six-year deal they said ended all their litigation worldwide, Apple and Qualcomm nonetheless plowed ahead this week with several open cases at the Patent Trial and Appeal Board in the iPhone maker's bid to knock out several of the chipmaker's patents. 

  • October 11, 2019

    Lyft Sues NYC Regulators To Annul Limits On 'Cruise' Time

    Lyft Inc. sued the New York City Taxi and Limousine Commission in state court Friday over its new rule that caps the amount of time drivers can "cruise" Manhattan without passengers, arguing that the rule is arbitrary and capricious, against the interest of underserved communities and in violation of antitrust laws.

  • October 11, 2019

    Battles Over California's Dynamex Law Just Beginning

    Assembly Bill 5, California's new law making it harder for businesses to classify their workers as independent contractors, has garnered a lot of attention for its potential to disrupt the so-called gig economy. But there's an abundance of unanswered questions about how it will change the way businesses operate.

  • October 11, 2019

    CVR Loses Bid To Reignite Malpractice Fight With Wachtell

    A New York federal judge axed CVR Energy Inc.’s malpractice suit against Wachtell Lipton Rosen & Katz on Wednesday and said the oil company’s request to retool its complaint “blatantly disregards” an earlier order that limited the scope of revisions CVR was already allowed to make.

  • October 11, 2019

    Calif. Gov. Signs Pro-Worker Laws Banning Forced Arbitration

    California Gov. Gavin Newsom signed sweeping worker-friendly bills into law Thursday, criminalizing mandatory arbitration provisions in workers’ contracts and issuing a wide-ranging set of new legal requirements aimed at combating sexual harassment at work and improving worker conditions and safety.

  • October 11, 2019

    DC Circ. Presses SEC To Justify Exchange Fee Program

    The D.C. Circuit on Friday seemed skeptical that the U.S. Securities and Exchange Commission had identified an existing problem warranting a two-year pilot program that could cap the fees major exchanges receive.

  • October 11, 2019

    As 'Copyright Troll' Turns National, Will Blowback Follow?

    Richard Liebowitz, an attorney who has filed more than 1,600 copyright lawsuits over the past four years, is quietly spreading his mass litigation operation from New York to the rest of the country — and judges in those other courts are starting to notice.

  • October 11, 2019

    Restasis Payors Defend Class Cert. Bid In Allergan Suit

    A group of Restasis buyers on Friday defended class certification in their New York federal suit accusing Allergan of boosting profits by delaying a cheaper generic version of the dry-eye medication, saying they share numerous, common antitrust injuries.

  • October 11, 2019

    Current Accuses Facebook Of Copying Crypto Wallet Logo

    Mobile banking company Current has accused Facebook of ripping off its logo by promoting a virtually identical one for its forthcoming cryptocurrency wallet, Libra.

  • October 11, 2019

    US, China Reach Truce To Delay Next Tariff Wave

    The Trump administration will hold off on raising tariffs against Chinese goods, according to a Friday announcement that marks a moment of conciliation in the sprawling trade conflict that has enveloped the two nations for over a year.

  • October 11, 2019

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    California's attorney general released long-awaited draft regulations on how companies should implement the state's consumer privacy law, and President Donald Trump signed executive orders that require agencies to publish all informal guidance and limit its use in enforcement. These are some of the stories in corporate legal news you may have missed in the past week.​

  • October 11, 2019

    Walmart Owes $5.2M In EEOC Disability Suit, Jury Says

    A Wisconsin federal jury said Thursday that Walmart must pony up $5.2 million in an U.S. Equal Opportunity Employment Commission suit claiming the company violated the Americans with Disabilities Act by pushing out a longtime employee who needed a job coach.

  • October 11, 2019

    UK Litigation Roundup: Here's What You Missed In London

    The past week has seen asset manager BlueCrest drag a U.S. hedge fund into court following its expansion into the U.K., a City watchdog sue a Panamanian connected to an illegal land sale scheme and a Hong Kong food distributor file suit against shipping giant MSC. Here, Law360 looks at those and other new claims in the U.K.

  • October 11, 2019

    Ex-Barclays Execs Faked Paper Trail To Hide Fraud, Jury Told

    Barclays executives who conspired to pay £322 million ($396 million) in secret fees to secure capital from Qatar during the financial crisis created a fake “audit trail” to cover their tracks, prosecutors told a London jury Friday during the bankers’ fraud trial.

  • October 11, 2019

    SEC's 'Test The Waters' Expansion Could Spur More Offerings

    The U.S. Securities and Exchange Commission’s decision to allow all companies to pursue “testing-the-waters” communications with institutional investors before registering their offerings is welcomed by corporate attorneys, who say the policy could spur more deal-making, though investor groups are skeptical that the public will benefit from the rule change.

  • October 10, 2019

    PIMCO Atty Slams 'Fraternity Culture' In Discrimination Suit

    A Pacific Investment Management Co. in-house attorney says the firm's "fraternity culture" routinely discriminates against women — particularly women of color — while promoting and advancing the interests of white men, according to a suit filed in California state court.

  • October 10, 2019

    What Do Trump's Orders Mean For Agency Guidance?

    The Trump administration's bid to help businesses by putting an end to "secret" rulemaking might backfire, some experts said Thursday, because it could put a damper on advice that industry relies on to comply with federal regulations.

  • October 10, 2019

    Amid Turmoil, Nissan Names New Legal Head

    Nissan Motor Co. Ltd. has replaced its legal department head, who cooperated with Japanese prosecutors before the 2018 arrest of the company's former chairman amid misconduct claims, with a longtime executive of the business, the automaker said this week.

  • October 10, 2019

    US-China Talks Resume With Hope Of Paving Way To Deal

    The Trump administration resumed its trade negotiations with China on Thursday as U.S. business groups tracking the talks expressed optimism that the two sides could strike a preliminary deal to avert new duties slated to take effect next week.

  • October 10, 2019

    Former Pfizer In-House Atty New GC At Cannabis Brand

    California cannabis brand Lowell Herb Co. announced Thursday the appointment of Stacey Hallerman, who previously worked for Pfizer and the luxury goods holding company Richemont, to the position of general counsel and chief administrative officer.

  • October 10, 2019

    Cannabis Co. Taps Target Labor Atty As Senior Counsel

    Cannabis retailer Harvest Recreation & Health snapped up a former Target employment and labor attorney on Thursday, rounding out its in-house legal team with an expert in human resources and wage-and-hour disputes as the company aims to expand to new states.

  • October 10, 2019

    Walgreens Can't Sink Pharmacist's Age, Disability Bias Case

    A Tennessee federal judge on Wednesday refused to toss a former Walgreens pharmacist's allegations that he was fired because of his age and poor health rather than his persistent tardiness, but rejected claims he requested a workplace accommodation by merely mentioning his woes.

  • October 10, 2019

    NLRB OKs Rules On Workers Sharing Info, Talking To Press

    A divided National Labor Relations Board ruled Thursday that a produce company’s policies barring workers from answering media requests and discussing certain customer information with third parties were lawful, reversing an agency judge.

  • October 10, 2019

    Dish Strikes $1.25M Deal To Avoid EEOC Disability Bias Suit

    Satellite TV provider Dish Network has agreed to pay $1.25 million to avoid a U.S. Equal Employment Opportunity Commission suit alleging its online job assessment discriminated against disabled applicants, the agency announced.

Expert Analysis

  • Justices Seem Skeptical Of USPTO's Attorney Fee Arguments

    Author Photo

    At Oct. 7 oral arguments before the U.S. Supreme Court in Peter v. NantKwest, the justices seemed unsympathetic to the U.S. Patent and Trademark Office's position that "expenses" in Section 145 of the Patent Act includes the agency's attorney fees, which applicants must pay even if they prevail, says Lina Xing of LexShares Inc.

  • How Emotionally Intelligent AI Could Assist With E-Discovery

    Author Photo

    While artificial intelligence has already revolutionized the e-discovery field, the development of emotionally intelligent AI promises to explore data in an even more nuanced and human way, thereby further reducing the burden on legal teams, say Lisa Prowse and Brian Schrader at e-discovery services provider BIA.

  • Justices' View Of Their Role May Influence LGBTQ Bias Cases

    Author Photo

    Arguments at the U.S. Supreme Court on Oct. 8 in a trio of Title VII discrimination cases involving gay and transgender workers show the decisions may hinge on whether the justices feel they should ensure case law evolves to remain relevant or interpret the legislature’s intent, say Donna McElroy and Katina Zampas at Dykema.

  • Revising Cloud Contracts In Light Of Capital One Cyberattack

    Author Photo

    In 2019, there have been 3,494 cyberattacks against financial institutions, including, most notably, Capital One. Until regulatory action is taken, financial institutions, which are on their own when it comes to addressing potential cloud service risks, should incorporate liability and security provisions into cloud service contracts, say Nicholas Smith and Rita Ganguli of Milbank.

  • 2nd Circ. Ruling May Cause Int'l Discovery Flurry In NY

    Author Photo

    The Second Circuit's recent Section 1782 decision in Application of Antonio Del Valle Ruiz could be particularly burdensome for New York–based offices of multinational companies, which may now be compelled to produce documents located abroad despite not being involved in any domestic litigation, say attorneys at Ropes & Gray.

  • Rebuttal

    Data Pinpoints Expert Valuation Differences In Del. Appraisals

    Author Photo

    A recent Law360 guest article called on experts in appraisal proceedings to present valuations closer to deal price, but an examination of 20 cases involving disinterested transactions of public targets indicates this call to action is more apt for petitioner valuations than those of respondents, says Michael Cliff at Analysis Group.

  • 9th Circ. Ruling Returns Stability To Joint Employer Test

    Author Photo

    By applying a traditional control-type test to hold that McDonald’s was not a joint employer of its franchisee’s employees, the Ninth Circuit last week in Salazar v. McDonald’s injected a welcome dose of clarity and common sense into a volatile area of law, say Andrew Murphy and Lauren Linderman at FaegreBD.

  • Preventable Risks Your Law Firm May Be Overlooking

    Author Photo

    Although most lawyers are well-prepared to defend or justify the value of an insurance claim for clients, often law firms have not clearly identified their own potential liabilities, planned for adequate insurance or established prudent internal risk management practices, says Victor Sordillo at Sompo International.

  • 6 Ethics Tips For Attorneys Making Lateral Transfers

    Author Photo

    With lateral transfers between law firms on the rise, it is more important than ever for partners to understand the steps they must take to adhere to ethics rules and other requirements when making a transition, say attorneys at Harris Wiltshire.

  • Fraud As An Operational Risk For Banks

    Author Photo

    For banks, an effective approach to preventing, detecting and resolving fraud is one that focuses on the objectives of recent publications from the Office of the Comptroller of the Currency and is appropriately integrated into the bank’s risk management system, say Neil Bloomfield and Kristina Whittaker at Moore & Van Allen.

  • A Developing Split Over Online Marketplace Product Liability

    Author Photo

    A pair of recent opinions from the Third and Sixth Circuits suggest that e-commerce intermediaries may be held liable for selling allegedly defective products, but an Arizona federal court's recent opinion in State Farm v. Amazon demonstrates the level of uncertainty that exists on this issue, say Blake Angelino and Benjamin Broadhead at FaegreBD.

  • Opinion

    Erosion Of Bristol-Myers Test In Class Actions Is Misguided

    Author Photo

    In two pending class actions, the Seventh Circuit and the D.C. Circuit may be slated to water down the U.S. Supreme Court's Bristol-Myers holding that state courts do not have specific, personal jurisdiction over nonresident plaintiffs' claims, even though there is no policy justification for treating class actions differently, say attorneys at Skadden.

  • Merger Review Takeaways From New Hart-Scott-Rodino Data

    Author Photo

    The recently released Hart-Scott-Rodino annual report confirms that the issuance of a second request has a high correlation with the federal agencies' challenging a proposed transaction or the parties abandoning a transaction. Attorneys at Norton Rose analyze current as well as historical data and share strategies for parties to prepare for antitrust review.

  • Consider The Power Of Tactical Empathy

    Author Photo

    By employing tactical empathy techniques to understand the interests behind the positions taken by others, attorneys can gain the upper hand in deal negotiations and litigation while still promoting and preserving long-term relationships with opponents, judges and others, say Shermin Kruse of TEDxYouth@Wrigleyville and Ursula Taylor of Strategic Health.

  • The Problem — And Opportunity — Of Implicit Bias In The Bar

    Author Photo

    Law firms are beginning to recognize implicit bias as a problem. But too few recognize that it is also an opportunity to broaden our thinking and become better legal problem solvers, says Daniel Karon of Karon LLC.