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Corporate

  • April 25, 2019

    Musk, SEC Tell Court Talks Over Twitter Use Are 'Productive'

    Tesla Inc. CEO Elon Musk’s ongoing discussions with the U.S. Securities and Exchange Commission about his free-wheeling use of Twitter “continue to be productive,” Musk and the SEC have told a New York federal judge.

  • April 25, 2019

    2nd Circ. Disability Bias Revamp Raises ADA Bar For Workers

    The Second Circuit recently aligned its legal standard for workers looking to prove workplace disability bias under the Rehabilitation Act and its test for assessing employees' Americans with Disabilities Act claims, a decision that experts say makes it easier for workers to pursue suits under the former but harder under the latter.

  • April 25, 2019

    NLRB Chides Union For Booting Unhappy Members

    The National Labor Relations Board has affirmed an administrative law judge’s finding that a security officers union flouted federal labor law when it stopped representing the officers at certain government buildings in Philadelphia after spinning them off into their own local.

  • April 25, 2019

    USTR Dings China, India For IP Practices In Annual Report

    Ahead of trade talks with China next week, the Office of the U.S. Trade Representative on Thursday issued its annual global intellectual property report that places China and India on a list of trading partners to specifically keep an eye on.

  • April 25, 2019

    Calif. Enacts $500K Threshold For Remote Sellers' Tax

    California will require out-of-state sellers with $500,000 in sales into the state to collect and remit sales and use tax, and marketplace providers will have to collect on behalf of vendors, under a bill the governor signed Thursday.

  • April 25, 2019

    How Is The #MeToo Movement Affecting Organized Labor?

    The Harvard Graduate Students Union recently staked out ground at the vanguard of the labor movement when it put #MeToo-inspired demands front-and-center in its negotiations with the university. And though other unions have also made changes in response to #MeToo, many have been slower to react.

  • April 25, 2019

    Dollar Tree Not Liable For Peeping Worker, Calif. Panel Says

    A California appeals court has affirmed the dismissal of a suit from several women accusing Dollar Tree of negligently hiring a man who filmed female customers and employees in a restroom, saying it could not have foreseen the employee's criminal conduct.

  • April 25, 2019

    Morgan Stanley Paying Calif. $150M For RMBS Lies, AG Says

    Morgan Stanley has agreed to pay California $150 million to settle claims that it downplayed the risk of the residential mortgage-backed securities it sold two state employee pension plans during the financial crisis, Attorney General Xavier Becerra announced Thursday.

  • April 25, 2019

    Astellas, Amgen To Pay $125M To End Kickback Probe

    Astellas Pharma US Inc. and Amgen Inc. will pay a combined $125 million to settle allegations that they used charities to subsidize Medicare co-pays for their own drugs in what amounted to illegal kickbacks, the U.S. Attorney's Office for the District of Massachusetts announced Thursday.

  • April 25, 2019

    Employers Told To Provide Pay Data To EEOC By Sept. 30

    Mid-size and large employers have until Sept. 30 to tell the U.S. Equal Employment Opportunity Commission how much they paid workers of different sexes, races and ethnicities last year, a Washington, D.C., federal judge said Thursday.

  • April 25, 2019

    Tackling Cybersecurity Failures Is A Priority, FCA Says

    Ensuring that financial markets can fight off the threat of cyberattacks and IT meltdowns will be a main supervisory priority in the coming years, the financial watchdog has said, after a series of technical failures created disruption at British banks.

  • April 24, 2019

    FTC Fines Online Dress-Up Game Over Kid Privacy Violations

    The company and owners behind virtual dress-up game i-Dressup.com have agreed to pay a $35,000 civil penalty to the U.S. Federal Trade Commission to end a lawsuit over alleged children's privacy violations, according to court filings.

  • April 24, 2019

    Supreme Court Ruling Cuts Off Avenue To Class Proceedings

    The U.S. Supreme Court’s conservative majority dealt its latest body blow to class actions on Wednesday, issuing a 5-4 decision that experts say puts another roadblock in the way of workers and consumers who want to pursue collective claims.

  • April 24, 2019

    Arbitration Pacts Dented By Amazon Transpo Worker Ruling

    A Washington district court ruling that Amazon's independent contractor drivers are exempt from the Federal Arbitration Act creates new potholes in the once-smooth path paved for transportation employers to shield themselves from employment disputes, experts say.

  • April 24, 2019

    Walmart's Firing Of Worker Not Retaliation, 7th Circ. Says

    The Seventh Circuit on Wednesday upheld a lower court’s decision to toss a discrimination lawsuit brought by a former Walmart Inc. employee, agreeing the company fired him for tardiness and not in retaliation for filing complaints about a co-worker.

  • April 24, 2019

    Firms, In-House Attys Predict Hike In Cybersafety Spending

    More than three-quarters of law firms and corporate legal departments plan to increase their spending on cybersecurity during the next year, according to the results of a Robert Half Legal survey announced Wednesday.

  • April 24, 2019

    Facebook Expects FTC Privacy Fine Of Up To $5B

    Facebook expects to be fined between $3 billion and $5 billion by the U.S. Federal Trade Commission for privacy lapses, in what would dwarf previous penalties the agency has given to technology giants, the company said Wednesday.

  • April 24, 2019

    Sen. Warren, Amazon Escalate Feud Over Retailer's Data Use

    Sen. Elizabeth Warren and Amazon have gotten into a Twitter scuffle, with the online merchandiser swiping back at suggestions by the Democratic presidential contender that the company exploits troves of data on third-party sellers to edge them out of the market.

  • April 24, 2019

    After 10 Days Of Jury Silence, Insys Exec Asks To Go Home

    One of the five former Insys Therapeutics Inc. executives on trial for conspiring to bribe doctors to prescribe an opioid spray to patients who did not need it is asking the court to let her await her verdict from home as the jury enters its 11th day of deliberation.

  • April 24, 2019

    Major League Soccer Lures NFL Deputy GC As Top Atty

    The NFL’s former deputy general counsel will join Major League Soccer as its executive vice president and general counsel, as its longtime top lawyer moves into a commercial-side role, MLS announced Tuesday.

Expert Analysis

  • New Treasury Proposal May Help Investors Get To Land Of OZ

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    There is cause for optimism that the proposed opportunity zone regulations released by the U.S. Department of the Treasury on April 17 will reduce investor uncertainty, allowing more capital to flow into qualified opportunity zones, say Lisa Zarlenga and John Cobb of Steptoe & Johnson.

  • New Tax Insurance Options On The Rise In M&A

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    A recent shift in the insurance market allows buyers and sellers to more appropriately underwrite and allocate contingent tax risks arising in mergers and acquisitions, say Robert Holo and Tyler Robbins at Simpson Thacher.

  • Key Employer Questions After Association Health Plan Ruling

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    A D.C. federal judge's recent decision striking down parts of the U.S. Department of Labor’s association health plan rule will clearly delay parts of the regulation. But more problematic is the impact on existing AHPs formed based on provisions of the rule that were vacated, say Laura Westfall and Tabitha Crosier of King & Spalding.

  • Emulex Highlights Greater Scrutiny Of Issues At High Court

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    A brief review of the procedural history of Emulex v. Varjabedian, and the circumstances giving rise to the U.S. Supreme Court’s abrupt dismissal of the case Tuesday, may provide useful insights for future petitioners seeking the court’s review, say attorneys with Labaton Sucharow.

  • The M&A Aftermath Of High Court's Emulex Punt

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    The U.S. Supreme Court's decision Tuesday to dismiss Emulex v. Varjabedian leaves behind a great deal of confusion in the federal securities laws governing corporate mergers and acquisitions, and there are at least three important consequences, says Lyle Roberts of Shearman & Sterling.

  • Rebuttal

    Jury Trials, Though In Decline, Are Well Worth Preserving

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    In a recent Law360 guest article, the author applauded the disappearance of jury trials as an inefficient, costly mechanism, but in doing so he overlooked the greater value of jury trials for our justice system, says Stephen Susman, executive director of the Civil Jury Project at NYU School of Law.

  • A Broader View Of The US Supreme Court Bar

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    During the past 15 years, three widely read articles bolstered by starstruck media have promulgated the incorrect perception — sorely in need of revision — that the U.S. Supreme Court bar is limited to a handful of elite lawyers, says Lawrence Ebner of Capital Appellate Advocacy.

  • Health Care Cos. Should Beware Usurpation Of Opportunity

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    A recent Delaware Court of Chancery decision, Personal Touch v. Glaubach, may prompt corporate leadership to be more attentive to the legal risks associated with the usurpation of corporate opportunity, especially in the health care sector, says Michael Peregrine of McDermott.

  • Ex-Jumio CEO Case Shows SEC Is Watching Private Cos.

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    The U.S. Securities and Exchange Commission recently settled with the founder of Jumio for his misstatement of financial results to inflate the value of his company shares. This case is an example of what may be in store if an economic downturn hits the current stable of unicorns, say Joshua Newville and Brian Hooven at Proskauer.

  • The Potential Impact Of Reversing Chevron Deference

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    Some questions during U.S. Supreme oral arguments in Kisor v. Wilkie suggested a willingness to overturn Auer deference. If this leads to the scuttling of Chevron deference, rapidly evolving areas of law like labor and employment could benefit from a return to courts addressing ambiguities in federal statutes, says Michael Abcarian of Fisher Phillips.