Corporate

  • July 06, 2020

    15 Minutes With Tenneco's General Counsel

    To lend a hand during the pandemic, Tenneco converted some of its manufacturing capabilities to help General Motors produce ventilators, said general counsel Brandon Smith. Here, he explains the legal challenges that accompanied shifting production, as well as the difficulties his company has faced over the past few months.

  • July 02, 2020

    Law360 Names Top Attorneys Under 40

    We're pleased to announce Law360's Rising Stars for 2020, our list of 176 attorneys under 40 whose legal accomplishments transcend their age.

  • July 02, 2020

    OECD Offers New Tax Reporting Rules For Gig Economy

    The providers of so-called gig economy platforms such as Uber and Airbnb will be required to report the tax information of sellers on their networks under recommended rules issued Thursday by the Organization for Economic Cooperation and Development.

  • July 02, 2020

    Composer Says YouTube Fosters 'Hotbed' Of Copyright Piracy

    Grammy Award-winning composer Maria Schneider hit YouTube with a putative class action in California federal court Thursday alleging it facilitates a "hotbed" of copyright infringement through its enforcement system, which she said only protects major studios and record labels and abandons "ordinary creators" like her.

  • July 02, 2020

    United Airlines Seeks To Duck Suit Over $5B Virus Relief Deal

    United Airlines urged an Illinois federal judge on Thursday to dismiss a putative class action accusing it of breaching its agreement with the federal government over $5 billion in payroll support funds amid the coronavirus pandemic, arguing the employee who filed the suit has no statutory rights to enforce the agreement.

  • July 02, 2020

    Travelers Says Flower Cos. Can't Claim $2M Pandemic Losses

    Travelers Property Casualty Co. has asked a California federal court to nix a flower importers' suit over their $2 million COVID-19-induced property loss insurance claims, arguing that the importers' insurance policy excludes coverage of the consequences of the government's decisions.

  • July 02, 2020

    Facebook Taps Ex-HPE, Amazon Atty To Lead App Legal Team

    Facebook has recruited a former Hewlett Packard Enterprise Co., Amazon and IBM senior attorney to head the legal team responsible for its core app, according to a recent post on LinkedIn.

  • July 02, 2020

    EEOC Charge Alleges Sweeping Racial Bias At Facebook

    Facebook screens out Black job applicants and routinely relies on peer reviews by its overwhelmingly white and Asian American workforce to unfairly deny promotions to its few Black employees, according to a class action race bias charge filed Thursday with the U.S. Equal Employment Opportunity Commission.

  • July 02, 2020

    2020's Biggest Benefits Regulations: Midyear Report

    The U.S. Department of Labor's employee benefits arm removed barriers to profit for asset managers, investment advisers and the private equity industry, while attempting to limit ethical investments in 401(k) and pension plans. Here, Law360 recaps the three biggest DOL benefits policies of 2020 so far, which all arrived in June.

  • July 02, 2020

    Amazon Hit With ERISA Suit Over 'Deficient' COBRA Notice

    Amazon Corporate LLC violated federal law by failing to properly inform workers of their ability to keep their health care and threatening them with IRS fines and criminal penalties to discourage them from seeking continued coverage, according to a proposed class action filed in South Carolina federal court.

  • July 02, 2020

    Seattle Council Panel Advances $174M Big-Biz Tax Proposal

    Facing a looming budget gap, Seattle City Council members advanced a $174 million annual tax proposal targeting businesses that have employees with higher incomes, defeating a competing $500 million tax proposal.

  • July 02, 2020

    Fidelity Settles Workers' 401(k) Plan Suit For $28.5M

    Fidelity has struck a $28.5 million deal with current and former employees to settle a class action claiming the investment firm put profits ahead of their retirement savings by harvesting "excessive" fees from a limited lineup of Fidelity-affiliated funds in its 401(k) plan. 

  • July 02, 2020

    DOJ Antitrust Chief Denies Staffer Claims Of Political Bias

    The head of the U.S. Department of Justice's Antitrust Division has hit back against allegations made by a division staffer that investigations into recent cannabis mergers and a car emissions deal were politically motivated.

  • July 02, 2020

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    The U.S. House of Representatives passed a bill to reopen the Paycheck Protection Program through Aug. 8, and the largest U.S. franchisee of Wendy's and Pizza Hut restaurants filed for Chapter 11 protection amid the pandemic. These are some of the stories in corporate legal news you may have missed in the past week.​

  • July 02, 2020

    High Court To Review Nestlé, Cargill Child Slavery Suits

    The U.S. Supreme Court agreed Thursday to hear Nestlé and Cargill's challenges to a Ninth Circuit ruling leaving the companies on the hook for allegations that they benefited from African child labor, teeing up a potential ruling on whether U.S. corporations can be liable for human rights abuses abroad.

  • July 02, 2020

    Justices Won't Touch 9th Circ. Ruling On Sex-Based Pay Gaps

    The U.S. Supreme Court on Thursday refused to hear a challenge to an en banc Ninth Circuit decision that barred employers from using workers' salary history to justify sex-based pay disparities.

  • July 01, 2020

    Novartis To Pay $729M To End 2 FCA Kickback Accusations

    Novartis Pharmaceuticals Corp. has agreed to pay more than $729 million to end two separate sets of allegations from the U.S. Department of Justice that it violated the False Claims Act through companywide kickback schemes to pump up prescriptions, the agency said Wednesday.

  • July 01, 2020

    US Leans On Law Firms For Trade Deal Dispute Panelists

    The Trump administration on Wednesday tapped trade and labor law experts from BigLaw fixtures like Skadden and Clark Hill to serve on panels that will be tasked with resolving disputes under the U.S.-Mexico-Canada Agreement.

  • July 01, 2020

    Gov't Contracts Cases Of 2020: Midyear Report

    Courts have handed down a number of important rulings for federal contractors so far in 2020, including a decision significantly altering country-of-origin determinations and several developments related to the materiality standard for False Claims Act cases.

  • July 01, 2020

    Congress Extends PPP To August, Mulls 2nd Round Of Loans

    The U.S. House of Representatives passed a bill Wednesday to reopen the Paycheck Protection Program through Aug. 8, sending the Senate-approved measure to the president as lawmakers discuss a possible second round of forgivable loans.

  • July 01, 2020

    Major Real Estate Cos. Accused Of Age Bias In Facebook Ads

    A handful of major real estate companies were sued Wednesday in Maryland federal court over allegations they systematically discriminated against older residents in the Washington, D.C., area by targeting housing ads on Facebook to a young customer base.

  • July 01, 2020

    Want Workers To Sign COVID-19 Waivers? Don't Go There.

    Employment lawyers say they're getting more and more queries from businesses about whether they should force employees to sign COVID-19 liability waivers before returning to the workplace. Unlike many of the nettlesome questions attorneys have to field, this one has a simple answer: No.

  • July 01, 2020

    DOD Needs To Improve AI Standards, Cybersecurity, OIG Says

    The U.S. Department of Defense has partially developed a governance framework and standards for the use of artificial intelligence, yet it needs to do more, including developing capabilities to share data and crafting standards for legal and privacy considerations, the Office of Inspector General said in a report released Wednesday.

  • July 01, 2020

    Top 7 Trademark Rulings Of 2020: A Midyear Report

    From cannabis to video games to three U.S. Supreme Court rulings, the first half of 2020 was a busy time in the world of trademark law. As we head into the back half of the year, here are the seven big trademark decisions you need to know.

  • July 01, 2020

    WeWork Sued For $54M Over Broken Calif. Office Lease

    WeWork's landlord at a Los Angeles office building said the coworking company owes at least $54 million in damages after it backed out of a 10-year lease agreement, according to a lawsuit lodged Tuesday in California state court.

Expert Analysis

  • CARES Act Reanimates Sale-Leaseback Tax Benefits

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    Sale-leaseback transactions have new life thanks to the CARES Act's net operating loss changes, which give participants an opportunity to reduce effective tax rates, accelerate refunds and, in some cases, deduct 100% of their rental payments, say William Rohrer and Maximilian Viski-Hanka at Duane Morris.

  • CFIUS Latest Annual Report Reveals Key Enforcement Trends

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    Attorneys at Reed Smith discuss five takeaways from the new annual report of the Committee on Foreign Investment in the United States, which assessed the 229 notices and 21 declarations filed for CFIUS' review in 2018 and provided a first look at the impact of the Foreign Investment Risk Review Modernization Act.

  • SEC's Insider Info Case Shows Perils Of Portfolio Co. Trading

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    The U.S. Securities and Exchange Commission's recently settled enforcement action against Ares Management demonstrates that private fund managers with potential insider info should systematically investigate trading approvals in situations that present a heightened risk of access to material nonpublic information, say attorneys at Debevoise.

  • COVID-19 Relief Efforts Heighten Fair Credit Reporting Risks

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    Financial services companies should shore up documentation of credit reporting practices in anticipation of increased enforcement actions and civil litigation related to the Fair Credit Reporting Act and CARES Act compliance amid the COVID-19 crisis, say Allison Schoenthal and Ashley Hutto-Schultz at Hogan Lovells.

  • Opinion

    Time To Consider Percentage Rental Agreements For Lawyers

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    It has long been the law that attorneys cannot use percentage rental agreements because doing so would constitute an impermissible sharing of fees with nonlawyers, but such arrangements can help lawyers match expenses with revenues in lean times like now, say Peter Jarvis and Trisha Thompson at Holland & Knight.

  • Handling Employee Vacation Requests During COVID-19

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    While there is little precedent for dealing with employee vacation requests during a pandemic, companies can protect workers by carefully asking about travel plans, and following public health agency and local guidelines when advising employees to self-isolate, say attorneys at Baker McKenzie.

  • Altera Could Bolster State Transfer Pricing Scrutiny

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    The reasoning of the Ninth Circuit's Altera v. Commissioner decision — which the U.S. Supreme Court recently declined to review — could provide state tax authorities with an argument for additional discretion when challenging transfer pricing arrangements between affiliated entities, say attorneys at Eversheds Sutherland.

  • High Court Clarifies CFPB's Future, Complicates CFPB's Past

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    While the U.S. Supreme Court's decision in Seila Law this week leaves the Consumer Financial Protection Bureau standing, the CFPB's director now lacks protection from presidential termination, which brings uncertainty regarding the status of past actions taken by bureau directors who were "unconstitutionally insulated" from termination, says Eric Mogilnicki at Covington.

  • Corporate Investigation Lessons From EBay Stalking Scandal

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    The recent eBay criminal cyberstalking scandal reminds companies and law firms that investigative activities, even if undertaken solely using online research tools, could easily risk criminal or civil legal liability and violations of attorney ethics rules, says Joseph DeMarco at DeVore & DeMarco.

  • Auto Cos. Should Ramp Up Their Supply Chain Vetting

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    Automotive companies procuring from new sources because of the pandemic or adapting to new requirements of the U.S.-Mexico-Canada Agreement can minimize their compliance risks by implementing full-spectrum, know-your-source due diligence and documenting every aspect of their vetting process, say Gregory Husisian and Jenlain Scott at Foley & Lardner.

  • 'Settle And Sue' Malpractice Cases Have New Clarity In Calif.

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    A California state appellate court's recent decision in Masellis v. Law Office of Leslie F. Jensen provides a road map for proving causation and damages in settle-and-sue legal malpractice cases — an important issue of long-standing confusion, says Steven Berenson at Klinedinst.

  • SEC Staff Statement Clears Way For Closed-End Funds

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    While not binding on the U.S. Securities and Exchange Commission or any court, the SEC staff's recent reversal on control share statutes returns essential tools to closed-end fund boards in certain states and may be instrumental in revitalizing the closed-end fund industry for long-term investors and fund sponsors alike, say attorneys at Skadden.

  • High Unemployment May Threaten Restrictive Covenants

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    Restrictive covenants in employment agreements will face greater scrutiny from courts if high unemployment persists, but the analysis will depend on whether the company aims to protect trade secrets, client relationships or its interest in unique employees, says Reid Skibell at Harris St. Laurent.

  • Updated DOJ Guidance Holds COVID-19 Compliance Clues

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    The U.S. Department of Justice's recently updated corporate compliance guide includes a few modest edits that are especially relevant in the COVID-19 environment as companies navigate new risks and consider new business models amid tightening budgets, say Audrey Harris and Juliet Gunev at Mayer Brown.

  • What You Say In Online Mediation May Be Discoverable

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    Mediation conducted online with participants in different states makes it harder to determine where communications were made, increasing the risk that courts will apply laws of a state that does not protect mediation confidentiality, say mediators Jeff Kichaven and Teresa Frisbie and law student Tyler Codina.

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