Corporate

  • April 03, 2020

    Wonder Bread Co. To Pay $13.3M To End Driver Wage Action

    A national collective and a group of individual state classes of Wonder Bread distributors and drivers in Maryland, New Jersey and Pennsylvania have agreed to end their wage and misclassification suits in Pennsylvania federal court in exchange for $13.25 million, according to a preliminary settlement agreement filed Friday.

  • April 03, 2020

    GCs Report Smooth Transition To At-Home Work During Crisis

    A vast majority of general counsel said their legal departments were prepared for the transition to working from home during the COVID-19 outbreak, according to the results of a survey released Friday by the Association of Corporate Counsel.

  • April 03, 2020

    EEOC Coronavirus Guidance No Silver Bullet For ADA Risks

    Although the U.S. Equal Employment Opportunity Commission recently issued guidance that gives employers leeway to respond aggressively to the novel coronavirus without violating the Americans with Disabilities Act, businesses will still have to tread carefully to avoid disability bias claims, experts say.  

  • April 03, 2020

    Lyft Ordered To Tell Judge What It's Doing About COVID-19

    A California federal judge ordered Lyft Inc. to provide detailed information about its efforts to help drivers affected by the COVID-19 pandemic Friday, a day after he called out the ride-hailing company's disregard for the law and questioned whether Lyft drivers were using the crisis "as a hook to get a court ruling."

  • April 03, 2020

    Disabled Ex-Walmart Worker's $5M Award Slashed To $300K

    A Wisconsin federal judge on Friday slashed a jury's $5.2 million award against Walmart to $300,000 in a U.S. Equal Opportunity Employment Commission suit claiming the retail behemoth illegally pushed out a longtime employee with a disability who needed a job coach.

  • April 03, 2020

    Employers See Strings Attached In $500B CARES Act Relief

    Congress has set aside $500 billion in the CARES Act to help certain hard-hit businesses during the coronavirus pandemic, but those funds come with a newly created special inspector general whose oversight could result in an increase in enforcement and litigation similar to that seen in the aftermath of the 2008 financial crisis.

  • April 03, 2020

    Tinder Accuses Bumble Of 'Exploiting' COVID-19 In IP Fight

    Lawyers for the dating app Tinder are accusing attorneys for rival Bumble of "exploiting the country's COVID-19 crisis" to delay an already-contentious intellectual property lawsuit.

  • April 03, 2020

    Zoom's Sudden Rise Presents Test For New Calif. Privacy Law

    The privacy backlash that has accompanied Zoom's meteoric rise since the onset of the COVID-19 pandemic has sparked challenges that are poised to test the strength of California's new privacy law and fuel calls for other states to embrace robust data safeguards.

  • April 03, 2020

    Surveillance Co. Says Facebook Wanted To Use Its Spy Tools

    Controversial surveillance vendor NSO Group is claiming Facebook tried to monitor some of its own users by buying the same software the social media giant accuses NSO of later using to hack into WhatsApp users' phones, the latest twist in what has become an ugly legal battle.

  • April 03, 2020

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    Amid the COVID-19 pandemic, small-business advocates urged regulators to ease rules on online capital raising methods, and lawmakers mulled new tax incentives aimed at helping certain companies and their workers weather the economic storm. These are some of the stories in corporate legal news you may have missed in the past week.​

  • April 03, 2020

    Pelosi Outlines Next COVID-19 Bill, Without Infrastructure

    Speaker Nancy Pelosi on Friday backed away from House Democrats' plan to include hundreds of billions of dollars in infrastructure funding in Congress' next coronavirus relief bill, instead calling for a simpler package that further extends unemployment insurance and small business support.

  • April 03, 2020

    COVID-19 Forces VIP Cinema To Shut Down, Scrap Ch. 11 Plan

    Citing the coronavirus' impact on the movie theater industry, luxury seating manufacturer VIP Cinema Holdings Inc. told a Delaware judge Friday that it has ceased operations and vacated its Chapter 11 restructuring plan as it monetizes assets to be distributed to creditors.

  • April 02, 2020

    CEO Must Testify In Chancery On Firm's 'Reprehensible' Acts

    A Delaware vice chancellor on Thursday said testimony from the CEO of a cloud services firm embroiled in a long-running contract dispute with Charter Communications is needed to determine if his company's allegedly "reprehensible" conduct during litigation warrants dismissal of counterclaims it has lodged against Charter.

  • April 02, 2020

    As Bankruptcy Storm Brews, Legal Pros Say Save Cash

    The economic tailspin caused by the novel coronavirus outbreak will likely trigger a wave of bankruptcy filings across industries after local stay-at-home orders are lifted, legal experts say, prompting some to advise businesses to save cash and others to call for lenders and landlords to be flexible with debtors.

  • April 02, 2020

    AGs Force Hobby Lobby To Reclose Colo., Ohio Stores

    Hobby Lobby tried to reopen its stores in Colorado and Ohio in the midst of coronavirus stay-at-home orders but was quickly blocked by the states’ attorneys general, who insisted that the arts-and-crafts chain comply with public health measures.

  • April 02, 2020

    What Employers Should Know Before Seeking Stimulus Loans

    The new stimulus package will help avert layoffs for employers struggling with reduced business or mandatory shutdowns resulting from the coronavirus, although not all employers will want — or be able — to take advantage of the billions in federal loans the measure provides. Here, Law360 looks at the pros and cons for companies considering whether to tap in.

  • April 02, 2020

    3 COVID-19 Changes IP Attys Want To Keep & 1 That Must Go

    To cope with the COVID-19 pandemic, the U.S. Patent and Trademark Office, Federal Circuit and other patent-heavy courts have adjusted some of their long-standing requirements. For the most part, intellectual property attorneys want the changes to stick around after the threat has passed, but there's one adjustment they think may take things too far. 

  • April 02, 2020

    Dems Demand Rewrite Of DOL's Coronavirus Leave Guidance

    Democratic lawmakers urged the U.S. Department of Labor on Thursday to rewrite guidance it issued last week to help workers and employers navigate leave provisions of the coronavirus relief package, saying the agency created new loopholes that limit who can get paid leave due to COVID-19.

  • April 02, 2020

    GCs Forced To Shift Priorities Amid COVID-19 Crisis

    Increased workloads and shifting priorities to address urgent needs are just some of the effects that general counsel across industries are facing because of the unprecedented COVID-19 pandemic, according to a new survey released Thursday.

  • April 02, 2020

    Level Solar Principal Says Faber Secretly Entrenched CEO

    A principal in solar panel company Level Solar on Thursday accused former company counsel Faber Daeufer & Itrato of working in secret to entrench the ex-CEO of the company on its board, enabling his looting and mismanagement of the now-bankrupt corporation.

  • April 02, 2020

    Lawmakers Mull Small-Biz Tax Relief For Next Pandemic Bill

    The two federal tax-writing committees are examining new tax incentives aimed at helping small businesses and their workers weather the economic storm unleashed by the new coronavirus as they weigh plans for a potential new relief package on Capitol Hill.

  • April 02, 2020

    Cinema Owner Says Mexican Co. Used COVID-19 To Slip Sale

    A Mexican cinema company can't use the coronavirus pandemic as an excuse to back out of a deal to acquire a Houston dine-in movie theater chain, the Houston company's owner told a Texas federal court in a new lawsuit Thursday.

  • April 02, 2020

    Lululemon Escapes Investor's Toxic Work Culture Claims

    Delaware's Chancery Court on Thursday rejected an investor's claims that fitness apparel maker Lululemon Athletica Inc.'s directors breached their duty to the company by approving a $5 million severance package for a former CEO accused of "pervasive misconduct."

  • April 02, 2020

    Bed Bath & Beyond Says Virus Can't Stop 1-800-Flowers Deal

    Retailer Bed Bath & Beyond Inc. asked Delaware’s Chancery Court late Wednesday to order 1-800-Flowers.com Inc. to close on a $252 million purchase of PersonalizationMall.com, accusing the flower and gift company of using the COVID-19 crisis to breach a firm March 30 deal deadline.

  • April 02, 2020

    SoftBank Terminates $3B Tender Offer For WeWork Shares

    SoftBank said Thursday that it will not go forward with a tender offer for up to $3 billion of WeWork shares for multiple reasons, including that various conditions to the deal were unsatisfied and that the coronavirus has caused significant disruptions to the workspace-sharing company’s business.

Expert Analysis

  • Opinion

    FTC Should Leave Regulation Of Noncompetes To States

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    If the FTC must use its rulemaking authority to regulate employee noncompete agreements, it should tread cautiously and let states make policy decisions for their citizens and economies, say Russell Beck and Erika Hahn of Beck Reed.

  • Opinion

    Judicial Shaming Of Attys Is Troubling Even During Pandemic

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    Judges have recently rebuked attorneys for wasting judicial resources to resolve minor issues during the COVID-19 crisis, including in a trademark lawsuit over unicorn drawings. But it is unfair to publicly flog lawyers for doing what they are trained to do, says Ronald Minkoff, chairman of Frankfurt Kurnit's professional responsibility group.

  • Environmental Compliance Essentials During The Pandemic

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    Organizations can take certain steps now to ensure they are able to meet environmental compliance obligations during the COVID-19 pandemic — or to obtain relief based on force majeure, impossibility or impracticability of performance, compliance-with-all-laws clauses, enforcement discretion, or emergency relief provisions, say Bernadette Rappold and Christopher Bell at Greenberg Traurig.

  • When Coronavirus, Federal Paid Leave And The NLRA Collide

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    Employers managing unionized workforces during the COVID-19 pandemic must balance their responsibilities under the National Labor Relations Act, new federal paid sick leave requirements, health and safety regulations, and certain contract provisions, say Douglas Darch and Christina Taylor at Baker McKenzie.

  • Don't Be Social Media Distancing: LinkedIn Tips For Lawyers

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    While we need to be physically apart at this time, lawyers and firms should be leaning into social media to reinforce and build relationships, and help guide clients through the coronavirus crisis, says marketing consultant Stefanie Marrone.

  • Considerations For Conducting Remote Internal Investigations

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    As COVID-19's effects reverberate throughout the corporate sector, in-house legal departments and their outside counsel will need to develop creative techniques to conduct internal investigations remotely, while ensuring that unanticipated risks do not compromise integrity, say attorneys at Steptoe & Johnson.

  • How COVID-19 Will Affect DOJ’s White Collar Enforcement

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    To help address fraudulent conduct amid a slowing of the U.S. Department of Justice's prosecution and enforcement efforts, the Coronavirus Aid, Relief, and Economic Security Act grants the DOJ some emergency powers, subject to important limitations related to defendants' constitutional rights and public access to hearings, says James Petkun at Klehr Harrison.

  • CFPB Whistleblower Program Could Plug Enforcement Gaps

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    Recently proposed legislation to establish a Consumer Financial Protection Bureau whistleblower reward program could help fill an enforcement void left by forced arbitration agreements and class action waivers included in most contracts between consumers and financial services companies, say Zac Arbitman at Youman & Caputo and Jason Zuckerman at Zuckerman Law.

  • Are Pandemic Sellers Actually Violating Price-Gouging Laws?

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    As unscrupulous sellers try to take advantage of Americans by selling products at unconscionable prices during the coronavirus pandemic, economists at Edgeworth Economics​​​​​​​ empirically test whether the prices being charged for goods and services rise to the level of price-gouging as defined by various state laws.

  • Inside The CARES Act's Key Tax Code Modifications

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    Attorneys at Eversheds explain how the Coronavirus Aid, Relief, and Economic Security Act modifies core federal tax provisions — including payroll tax requirements, net operating loss carrybacks and the corporate alternative minimum tax — in order to help businesses weather the current economic downturn.

  • Guiding Clients Through DOL Benefit Plan Probes: Part 2

    Excerpt from Lexis Practice Advisor
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    Kathleen Barrow at Fox Rothschild discusses how to manage agency and plan sponsor expectations during U.S. Department of Labor investigations of employer-sponsored benefit plans, and explains key steps for closing the inquiry.

  • Remote Depositions: Coming To A Home Office Near You

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    Recent Texas state court orders indicate judges are increasingly requiring parties and nonparties to submit to remote depositions amid the pandemic. However, there are inherent drawbacks to such depositions, including limitations on attorneys’ ability to assess witness credibility, says Edward Duffy at Reed Smith.

  • Ways Lawyers Can Support The Most Vulnerable Right Now

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    In this global health and economic crisis, it is essential that lawyers recommit to inclusion, and fight for colleagues, clients, community members and friends who are most at risk, says Dru Levasseur, head of the National LGBT Bar Association's inclusion coaching and consulting program.

  • Opinion

    Congress Must Bolster Bias Remedies After Comcast Ruling

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    The U.S. Supreme Court’s Comcast v. National Association of African American-Owned Media ruling still allows plaintiffs to fight summary judgment in discrimination cases, but Congress must step in to ensure their ability to win relief at trial, says Michael Lieder at Mehri & Skalet.

  • Gov't Interaction Ethics Rules Still Apply In COVID-19 Crisis

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    While government actions addressing the current public health crisis present both risks and opportunities, companies should remember that rules regulating interactions with federal, state and local officials still apply, and that their conduct will likely face greater scrutiny than under normal circumstances, say Ki Hong and Charles Ricciardelli at Skadden.

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