Corporate

  • September 24, 2020

    DoorDash Steers Users From Non-Partner Eateries, Suit Says

    DoorDash has been deceptively steering customers away from restaurants not partnered with the restaurant delivery service by falsely listing them as "closed" or "too far away" on its app, a St. Louis restaurant claimed Thursday, hitting the company with a proposed class action in California federal court.

  • September 24, 2020

    3 Highlights As Trump Makes Flimsy Vow On ACA Protections

    President Donald Trump on Thursday delivered a seemingly toothless promise to shield Americans with preexisting conditions, issued an ultimatum on legislation to curb surprise medical billing and unexpectedly announced he's mailing tens of millions of $200 drug discount cards just before the election.

  • September 24, 2020

    SEC Rule A Bittersweet Victory For Whistleblower Advocates

    While applauding the U.S. Securities and Exchange Commission's decision to nix a controversial plan to limit the largest whistleblower awards, whistleblower advocates are lamenting the newfound uncertainty and ambiguity they say the SEC has injected into the program.

  • September 24, 2020

    Ex-Grindr VP Says She Was Fired For Questioning PPP Loan

    Grindr's former vice president of finance on Wednesday accused the dating app of firing her after she questioned a Paycheck Protection Program loan the company had received and that she believed violated Treasury Department guidelines.

  • September 24, 2020

    How A High Court Textualist Could Help Limit Anti-Hack Law

    Appointing a textualist to the U.S. Supreme Court could boost efforts to curb the scope of a 1986 computer crime law and change the legal reasoning the high court uses in Fourth Amendment cases, although past rulings show that privacy law does not fit neatly within ideological lines.

  • September 24, 2020

    Verizon, AT&T To Pay Combined $116M For Calif. Overcharges

    Verizon Wireless and AT&T agreed Thursday to pay a combined $116 million as part of a settlement resolving a California lawsuit that alleged the nation's largest cellphone providers overcharged government customers for more than a decade.

  • September 24, 2020

    Goldman Gets Industry Support For High Court Cert. Fight

    Goldman Sachs got support from Wall Street groups, former U.S. Securities and Exchange Commission officials, law professors and others on Thursday in its challenge before the U.S. Supreme Court of class certification in a hotly watched securities class action.

  • September 24, 2020

    Top Dems Float Tightened Worker Classification Test

    Leading Democrats floated a plan Thursday to tighten the federal test for classifying workers as independent contractors, days after the U.S. Department of Labor issued a rule making it easier for businesses to show workers are not their employees.

  • September 24, 2020

    Ex-Cop Charged In EBay Cyberstalking Case To Plead Guilty

    A retired California police captain working security operations for eBay is the latest ex-employee of the e-commerce giant to indicate he will plead guilty for participating in a scheme to terrorize a Massachusetts couple over their blog's critical coverage of the company, according to a Thursday court notice.

  • September 24, 2020

    Ginsburg's Successor Likely To Back Narrow TCPA Reading

    Justice Ruth Bader Ginsburg's absence on the U.S. Supreme Court is likely to swing a heated dispute over what qualifies as an autodialer under the Telephone Consumer Protection Act in businesses' favor, especially if she is succeeded by a front-runner from the Seventh Circuit who authored a key opinion on the issue.

  • September 24, 2020

    AGs Defend Ky. Over Amazon Seller Price-Gouging Probes

    Over 30 attorneys general urged the Sixth Circuit on Wednesday to unblock Kentucky's investigations into Amazon merchants, arguing state price-gouging rules are a vital consumer protection tool amid the COVID-19 pandemic that do not unconstitutionally interfere with a retailer's right to set prices across state lines.

  • September 24, 2020

    Tesla Accuses Nikola Of Inequitable Conduct In $2B IP Fight

    Tesla hit rival electric car maker Nikola Corp. with counterclaims of inequitable conduct and invalidity in California federal court Wednesday in Nikola's lawsuit accusing Tesla of owing it $2 billion for allegedly infringing its design patents on its electric semitruck, the Nikola One.

  • September 24, 2020

    Mnuchin Backs PPP Auto-Forgiveness But Says To Still Apply

    Treasury Secretary Steven Mnuchin told senators on Thursday that he'd be on board with lawmakers authorizing simpler forgiveness for smaller Paycheck Protection Program loans, but he advised small-business borrowers not to play the waiting game.  

  • September 24, 2020

    Pandemic Pay Issues For Wage And Hour Lawyers To Watch

    Six months into the pandemic, wage and hour issues such as paying employees for commuting and for pre-shift safety protocols and the uncertainty of carveouts have emerged as top concerns for employment lawyers.

  • September 24, 2020

    Cisco Latest Target Of Investor Suit Over Diversity Efforts

    Cisco Systems Inc. has become the latest major company to be hit with a shareholder derivative action in California federal court for allegedly falling short on its commitments to diversity.

  • September 24, 2020

    Trade Groups, 17 States Blast Hold On Key Nationwide Permit

    Energy companies, electrical workers and states have called a Montana federal judge's decision to vacate a nationwide water permit used for pipeline construction as drastically overbroad and a threat to America's electrical system.

  • September 24, 2020

    What Does A GC Do When Told: 'Pay Up, Or Else'?

    General counsel have a dirty little secret: Sometimes their companies receive extortion demands, and occasionally the organization gives in. Here, Law360 looks at how GCs guide their companies in deciding whether to yield to a criminal's demand.

  • September 24, 2020

    Calif. Bets On Biden With Move To End Gas Car Sales

    California Gov. Gavin Newsom's executive order phasing out new gas-powered car sales further inflames a fight with the Trump administration over vehicle emissions policy and is a big bet on a potential Joe Biden presidency endorsing the Golden State's bold move, experts say.

  • September 24, 2020

    Dyson Looks For Americas GC As Division's Top Atty Resigns

    The general counsel of the Americas division at Dyson has announced her plans to leave the company, which designs and manufactures vacuum cleaners and other household appliances, according to a recent post on LinkedIn.

  • September 23, 2020

    TikTok Seeks Quick Block Of Trump's Ban On App Downloads

    TikTok Inc. and its Chinese parent company ByteDance Ltd. urged a D.C. federal court on Wednesday to block the Trump administration's plans to outlaw U.S. downloads of the popular short-form video sharing app while a lawsuit over the ban plays out.

  • September 23, 2020

    UPS Worker Says She Was Fired Over COVID-19 Quarantine

    A former UPS Inc. employee said she was illegally fired for taking two weeks off in order to quarantine after she fell sick during the coronavirus pandemic, according to a lawsuit filed Tuesday in California state court.

  • September 23, 2020

    Calif. AG Asks Senate Not To Replace CCPA With National Law

    California's attorney general urged the U.S. Senate at a Wednesday hearing not to override the California Consumer Privacy Act with a federal law, while ex-heads of the Federal Trade Commission who now work in private practice argued in favor of federal preemption.

  • September 23, 2020

    3 Takeaways From Ill. Ruling On BIPA And Workers' Comp

    Privacy attorneys weren't shocked by a recent Illinois state appellate ruling finding the state's workers' comp law doesn't preempt claims for statutory damages under its biometric privacy statute, but they say the decision left open some questions and is likely to be reviewed by Illinois' top court.

  • September 23, 2020

    Gilead To Pay $97M To Resolve Copay Kickback Claims

    Pharmaceutical giant Gilead Sciences Inc. agreed to pay $97 million to resolve claims that it violated the False Claims Act by using a foundation as a conduit to pay the Medicare copays for its pulmonary arterial hypertension drug, the U.S. Department of Justice announced Wednesday.

  • September 23, 2020

    Former USPTO Head Urges Women To Take On Top IP Roles

    The first female director of the U.S. Patent and Trademark Office said Wednesday that women aspiring to top government and corporate positions in intellectual property shouldn't shy away from challenges if they want to advance professionally.

Expert Analysis

  • DOJ Support Of SEP Injunctions Should Stabilize Licensing

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    The U.S. Department of Justice's recent letter to the Institute of Electrical and Electronics Engineers, which explicitly supports standard-essential patent owners in their pursuit of injunctive relief and favors a diminished role for antitrust enforcement in intellectual property disputes, bodes well for rebalancing the licensing market, say attorneys at Mintz.

  • Elections May Decide Fate Of Gig Worker Classification Regs

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    The future of the gig economy's nonemployee model could hinge on the upcoming federal and California state elections, with the Democratic presidential candidate's regulatory approach at odds with a recent U.S. Department of Labor proposal that would make it easier to label workers as contractors, say Paul DeCamp and Michael Kun at Epstein Becker.

  • Breaking Down The Top 3 COVID-19 Workplace Claims

    Excerpt from Practical Guidance
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    Attorneys at Fisher Phillips identify litigation trends in the three most common types of COVID-19 claims filed against employers to date, and discuss risk-reduction and defense strategies.

  • A Road Map For Drafting Persuasive Discovery Motions

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    Best practices that can help litigators write convincing discovery motions include thinking about the audience, addressing a few key questions, and leaving out boilerplate from supporting briefs, says Tom Connally at Hogan Lovells.

  • How Congress Can Depoliticize The Supreme Court

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    Congress has multiple means to take the politics out of federal judicial nominations and restore the independence of the U.S. Supreme Court — three of which can be implemented without a constitutional amendment, says Franklin Amanat at DiCello Levitt.

  • IRS Notice Helps Unpack Part-Time Worker 401(k) Eligibility

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    As sponsors struggle to evaluate whether and how to include employer contributions when 401(k) plan eligibility is extended to long-term, part-time workers on Jan. 1, newly released IRS guidance may clarify some of the administrative burdens, say Anne Hall and Katharine Finley at Hall Benefits.

  • 5 Ways Retailers Can Mitigate Product Liability Litigation Risk

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    While courts sometimes hold retailers liable for injuries caused by products they sold but did not manufacture — as a California appeals court did recently in Bolger v. Amazon — retailers can implement a number of strategies to reduce product liability litigation risk, say Alexandra Cunningham and Elizabeth Reese at Hunton.

  • Opinion

    1st Circ. ERISA Benefit Ruling Misapplies Review Standard

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    The First Circuit’s recent decision in Doe v. Harvard Pilgrim Health Care — affirming denial of health insurance coverage based on the de novo review standard under the Employee Retirement Income Security Act — is dubious because it deviates markedly from civil procedure requirements and conflicts with U.S. Supreme Court jurisprudence, says Mark DeBofsky at DeBofsky Sherman.

  • 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.

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