Corporate

  • January 23, 2020

    Solicitor General Weighs In On Age Bias High Court Case

    The solicitor general told the U.S. Supreme Court on Thursday that the federal government has a myriad of ways to remedy age bias in the workplace other than the Age Discrimination in Employment Act, but the federal employee who filed the suit said that law is the only substantive way to get judicial relief.

  • January 23, 2020

    Fight For $15 Convinces NLRB Judge Not To Toss McD's Case

    A National Labor Relations Board judge decided Thursday to keep alive the Fight for $15 effort to find McDonald's jointly responsible for franchisees' labor violations until the board rules on a motion to consider new evidence.

  • January 23, 2020

    MetLife Says 'Slights' Against Ex-Exec Aren't Discrimination

    MetLife has asked a New York federal court to toss a former executive's suit claiming she was paid hundreds of thousands of dollars less than some male colleagues, saying she failed to assert enough facts for her complaints to amount to more than "trivial and petty slights."

  • January 23, 2020

    Breaking Down Michael Avenatti's Nike Extortion Trial

    Once plastered all over cable news screens, Michael Avenatti will soon be making his first of several planned appearances before a different audience: federal jurors. The embattled attorney and former Trump sparring partner will be facing an uphill battle next week in New York as he fights charges that he tried to extort millions of dollars from Nike.

  • January 23, 2020

    Google And Amazon Accused Of Selling Pirated Recordings

    Google and Amazon are selling bootlegged copies of recordings by “virtually every well-known recording artist from the 1930s through the 1960s,” including Billie Holiday, Frank Sinatra and Ella Fitzgerald, side-by-side with legal recordings from legitimate record labels, according to six lawsuits filed this week in California and Washington federal courts.

  • January 23, 2020

    What To Know As Alphabet Hits 'Search' On A New CLO

    Google's parent company is on the hunt for a new top lawyer after its embattled chief legal officer announced he would leave next week. Experts say there are lessons others can learn as the tech giant hits the search button.

  • January 23, 2020

    Avon Pregnancy Bias Suit Ends In Settlement

    A New York federal judge on Thursday closed the book on a proposed class action accusing cosmetics giant Avon and its North American spinoff of discriminating against pregnant employees after the parties said they had reached a settlement.

  • January 23, 2020

    Insys Founder John Kapoor Gets 5½ Years

    Insys Therapeutics Inc. founder John Kapoor was sentenced to more than five years behind bars Thursday as victims decried him as a “mobster” and “murderer” who devastated countless families by bribing doctors to prescribe a powerful opioid spray.

  • January 23, 2020

    Wells Fargo Ex-CEO Fined $17.5M For Role In Sales Scandal

    The Office of the Comptroller of the Currency said Thursday that it is bringing enforcement actions against five former Wells Fargo executives and has reached settlements with three others over their alleged roles in the bank's sales practices scandal, including a $17.5 million fine for former CEO John Stumpf.

  • January 23, 2020

    Insys VP Who Dressed As Dancing Opioid Gets 2 Years

    Former Insys Therapeutics Inc. Vice President Alec Burlakoff, infamous for dressing as an anthropomorphic bottle of fentanyl spray and rapping about titration in a sales video, was sentenced Thursday to 26 months in prison for his role in a conspiracy to bribe doctors to prescribe opioids.

  • January 22, 2020

    New Laws Bolster NJ's Worker-Friendly Bona Fides, Attys Say

    New Jersey Gov. Phil Murphy signed a spate of employee-friendly bills into law Tuesday, including one statute that stiffens penalties on employers for misclassifying workers and another that requires businesses to pay severance to workers impacted by mass layoffs. Here, employment attorneys take stock of the Garden State’s new mandates.

  • January 22, 2020

    Women Held A Third Of Fortune 500 GC Spots In 2019

    An increasing number of women held general counsel roles at Fortune 500 companies in 2019, according to an analysis released Wednesday that found women led 33% of those in-house legal departments last year.

  • January 22, 2020

    Ex-Jawbone Worker Stole IP Before Joining Fitbit, Jury Told

    Prosecutors told a California federal jury during openings of a trade secret trial Wednesday that Jawbone's ex-consumer experience director stole studies that were its "crown jewels" before taking a job at rival Fitbit, while her attorney argued she simply forgot she'd backed up the data onto her personal "cloud" account.

  • January 22, 2020

    Execs On Notice After Report Of Saudi Bezos Cellphone Hack

    Revelations that Saudi Arabian leader Mohammed bin Salman may have personally duped Amazon.com Inc. CEO Jeff Bezos into clicking on a WhatsApp file loaded with malware, allowing Saudi spies to snoop on his cellphone, should make executives consider submitting their devices to security scans even if it means sacrificing their privacy.

  • January 22, 2020

    Expanded Travel Ban Means New Headaches For Foreign Biz

    President Donald Trump’s plan to add more countries to his so-called travel ban list could send major business with foreign companies elsewhere and worsen an already lengthy backlog for waiver requests.

  • January 22, 2020

    Congress Weighs In On SEC Disgorgement Power Challenge

    Two dozen members of Congress told the U.S. Supreme Court on Wednesday that stripping the U.S. Securities and Exchange Commission's power to seek disgorgement in civil cases would upend decades of legislation and buck sound precedent undergirding the nation's securities laws.

  • January 22, 2020

    NLRB Says Leaked Doc Can't Revive McDonald's Fight

    The National Labor Relations Board’s general counsel has opposed an attempt by Fight for $15 to reopen a settled case that sought to hold McDonald’s jointly responsible for franchisees' labor violations, saying an unauthenticated document regarding recusal of one of the board's members who approved the settlement can’t be included.

  • January 22, 2020

    Former Toll Brothers GC Rejoins Cozen O'Connor

    An attorney who spent nearly two decades as an in-house lawyer and general counsel to Toll Brothers Inc. has returned to his roots at Cozen O’Connor, the firm announced Tuesday.

  • January 22, 2020

    Michigan, Tesla Cut Deal Ending Direct Sale Suit

    Tesla Inc. and the Michigan Attorney General's Office reached an agreement Wednesday that will end the electric car manufacturer's federal suit attacking a 2014 law that prevented it from selling vehicles directly to consumers in the state.

  • January 22, 2020

    GCs Must Brace For AI-Based Litigation Risks

    As in-house lawyers embrace artificial intelligence, they should get ahead of growing litigation risks by beefing up their compliance departments and preparing for breaches, according to a report released Wednesday by Crowell & Moring LLP.

  • January 22, 2020

    Cooperating Insys CEO Gets 2½ Years In Prison

    Despite being a key witness in the government’s conviction of his onetime boss, former Insys Therapeutics Inc. CEO Michael Babich was sentenced to 2½ years in prison Wednesday for his role in an opioid bribery scheme — longer than two former colleagues who were convicted at trial. 

  • January 22, 2020

    Insys Exec Gets 1 Year As Atty Slams 'Salacious' Prosecution

    A former Insys Therapeutics Inc. sales manager who was recruited from a strip club to work for the troubled company was sentenced to a year and a day in prison on Wednesday for her role in an opioid kickback and fraud scheme as her attorney decried what he called the "salacious details" of the government's prosecution.

  • January 21, 2020

    Grayscale 1st Crypto Investor To Get SEC Reporting Co. Label

    Grayscale Bitcoin Trust has become the first "digital currency investment vehicle" to successfully reach the status of an SEC reporting company after its registration Form 10 with the U.S. Securities and Exchange Commission was deemed effective, Grayscale Investments said Tuesday.

  • January 21, 2020

    4th Roundup Trial Kicks Off On Monsanto’s Home Turf

    Tuesday marked the start of the fourth trial alleging the active ingredient in Monsanto’s weedkiller Roundup causes cancer. Monsanto has lost every verdict so far, but these jurors will be drawn from the company’s backyard. Will Monsanto enjoy a hometown advantage?

  • January 21, 2020

    Vodafone Quits Facebook-Led Libra Association

    British telecom conglomerate Vodafone Group PLC has become the first member company to quit the Libra Association since the Facebook-led digital currency project's official formation in October, the company confirmed to Law360 on Tuesday.

Expert Analysis

  • Pro-Employer NLRB Rulings May Prompt Handbook Reviews

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    Three new National Labor Relations Board rulings that overturn Obama-era pro-worker precedents may indicate that now is a good time for employers to strengthen their workplace policies on nonbusiness email use, investigation confidentiality and union dues, say Charles Caulkins and Garrett Kamen at Fisher Phillips.

  • Capitol Hill's Diversity Efforts Are Rubbing Off On Wall Street

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    Increasing congressional support for leadership, programs and legislation that prioritize corporate diversity and inclusion is pushing financial services companies to recognize the importance of equitable performance metrics that focus on results, say Weldon Latham and Michael Hatcher at Jackson Lewis.

  • FTC-DOJ Vertical Merger Guide Aims To Boost Transparency

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    New draft guidelines from the U.S. Department of Justice and Federal Trade Commission clarify how the agencies will approach vertical merger inquiries and signal that parties will be held accountable for proving pro-competitive benefits, say former FTC acting commissioner Maureen Ohlhausen and Christine Ryu-Naya of Baker Botts.

  • Assessing Securities Class Action Risk With Event Analysis

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    Amid increased scrutiny of corporate fiduciaries, identifying a company's high-risk adverse events from the past two years can help boards of directors quantify their potential securities class action exposure, says Nessim Mezrahi of SAR.

  • Navigating Criminal Antitrust Inability-To-Pay Claims With DOJ

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    Due to the U.S. Department of Justice Antitrust Division's silence following recent guidance from the Criminal Division on inability-to-pay claims, counsel defending these claims should evaluate the Antitrust Division's historical approach in crediting cooperation, say attorneys at BakerHostetler.

  • Nissan Ex-CEO Illustrates Do's And Don'ts Of Image Repair

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    Lawyers can draw a number of useful lessons about reputation management from the efforts of former Nissan executive Carlos Ghosn — who recently escaped house arrest in Tokyo — to restore his sullied reputation, says Elizabeth Ortega at ECO Strategic Communications.

  • What To Know Before Enforcing A Nicotine-Free Workplace

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    U-Haul’s recent policy banning the hire of nicotine users provides an opportunity for employers to consider the potential legal ramifications of such a move and other options for encouraging a healthier workforce, say attorneys at McDermott.

  • 3 Concerns If Your Witness Becomes Flippant At Deposition

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    In light of a recent Delaware Supreme Court case in which a litigator was rebuked for failing to control his evasive witness during a deposition, attorneys should consider when they may be held responsible for client misconduct and what to do if a client crosses the line, says Philip Sechler of Robbins Russell.

  • Takeaways From Exxon’s Winning OFAC Penalty Challenge

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    A recent Texas federal court decision overturning a $2 million Office of Foreign Assets Control fine against Exxon provides insight into OFAC's enforcement of complex sanctions and when its practices may not provide proper notice to companies subject to U.S. sanctions, say Aaron Hutman and Zachary Rozen at Pillsbury.

  • Justices' IBM Ruling Gives Life To ERISA Disclosure Liability

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    The U.S. Supreme Court's recent decision in IBM v. Jander leaves unresolved a conflict between disclosure obligations under the Employee Retirement Income Security Act and federal securities laws, boosting the so-called inevitable disclosure theory for ERISA liability, say attorneys at Skadden.

  • The Int'l, Federal And State Taxation Forecast For 2020

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    Attorneys at Steptoe & Johnson look at U.S. international, federal and state taxation, including legislative, regulatory and controversy developments expected in 2020.

  • DOJ's Trade Security Reporting Policy Boosts Transparency

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    Recent guidance from the U.S. Department of Justice's National Security Division on the voluntary self-disclosure part of its sanctions and export controls enforcement program continues the DOJ’s movement toward increased transparency, but leaves unanswered questions about how the policy will be applied in practice, say attorneys at Paul Hastings.

  • #MeToo Is Much More Than Last Year's News

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    Employers wondering whether #MeToo is still relevant should recognize that it is a continuous equity movement that includes pay, diversity and inclusion efforts at both the worker and executive levels, say attorneys at Epstein Becker.

  • Board Composition Leads 2020 Corporate Governance Issues

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    This year corporate board nominating and governance committees may face increased pressure as investor demands focus on issues such as the number of corporate boards on which directors serve, board refreshment and diversity, say attorneys at Cleary.

  • Anti-Ransomware Strategies Must Evolve With Threat

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    With a recent FBI report warning of ransomware that encrypts and exfiltrates data, it is now more important than ever for businesses and governments to assess and implement prevention and preparation strategies, including an offensive litigation approach, says John Gray of Lewis Roca.