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Corporate

  • February 19, 2019

    NIST Cybersecurity Framework Still Going Strong 5 Years On

    A government-created cybersecurity framework has morphed into an unofficial liability shield for a broad range of private industries, and it promises to continue to be influential as the push to develop more formal security standards intensifies, attorneys say.

  • February 19, 2019

    KPMG Bosses Squeezed Me From Day 1, Cooperator Says

    An accountant who left the Public Company Accounting Oversight Board for KPMG and agreed to testify against his former colleagues told a Manhattan jury on Tuesday that his supervisors at the Big Four auditing powerhouse began pressing him for regulatory secrets starting on his first day on the job.

  • February 19, 2019

    15 Minutes With Guardian Life's General Counsel

    Eric Dinallo, general counsel for Guardian Life Insurance Co. of America Inc., didn't initially think he would end up in the insurance industry but says he loves where it's taken his career. Here, he shares how his in-house experiences differ from his law firm positions, and what he didn't know about the corporate world before his first in-house job.

  • February 19, 2019

    Trump Faces Challenge Of Making China Trade Deal Stick

    As President Donald Trump’s trade negotiations with China continue this week, the White House is grappling with how to ensure Beijing will actually implement any of the legal and policy changes it promises at the negotiating table, a task that has proved difficult for prior administrations.

  • February 19, 2019

    Justices Deny LLC Owner's Appeal Over Financial Privacy Law

    The U.S. Supreme Court on Tuesday declined to consider whether financial privacy law extends beyond individuals and partnerships to limited liability companies, rejecting a case from the owner of a Michigan LLC that had business records subpoenaed by the IRS.

  • February 19, 2019

    Inside The War Between Papa John's And Its Ousted Founder

    Tensions between Papa John's and the pizza chain's ousted founder are showing no signs of calming as the former chairman, CEO and face of the company digs in over issues central to shareholders' rights following an investment from an activist hedge fund. Here, a Law360 graphic recaps the turmoil leading to the latest dispute.

  • February 19, 2019

    FTC Pens New Deal With Teva On Reverse-Payment Claims

    The Federal Trade Commission said Tuesday it has reached an agreement with Teva Pharmaceuticals that would prevent the drugmaker from entering into certain reverse-payment patent settlements that can delay the availability of generic versions of drugs.

  • February 19, 2019

    Ex-Tesla Exec, Now Lyft's COO, Will Testify In SolarCity Suit

    The former head of sales at Tesla, now the chief operating officer at Lyft Inc., will be subpoenaed to give a deposition in a Delaware shareholder lawsuit alleging that Tesla founder Elon Musk exercised conflicted control to orchestrate a $2.6 billion bailout of SolarCity Corp., according to documents filed in Massachusetts state court.

  • February 19, 2019

    Chamber, Uber Fight To Invalidate Seattle Driver Union Law

    The U.S. Chamber of Commerce and an Uber subsidiary have asked a Washington federal judge to invalidate Seattle's ordinance letting ride hailing app-based drivers unionize, saying the city’s law blatantly violates federal antitrust law by allowing independent contractors to band together and fix prices.

  • February 19, 2019

    How A Fellowship Could Help Move The Needle On Diversity

    Five years after the creation of the OnRamp Fellowship and with calls for diversity in the legal industry only growing louder, the returnship program's success stories are adding up, offering a powerful, nontraditional model for connecting companies and firms with underrepresented groups in law.

  • February 19, 2019

    High Court Won't Wade Into USC's ERISA Arbitration Battle

    The U.S. Supreme Court on Tuesday turned away the University of Southern California’s bid for review of a Ninth Circuit decision that gave the school's workers a green light to pursue a closely watched ERISA class action in court, as opposed to through individual arbitration.

  • February 15, 2019

    The $1B Question: Can Puerto Rico Afford Its Bankruptcy Bills?

    Law firms and other professional service providers are seeking more than $300 million in bills for Puerto Rico’s unprecedented restructuring — a figure that is eventually expected to surpass $1 billion. Some local attorneys are questioning the costs.

  • February 15, 2019

    Puerto Rico’s Law Firms Find Their Footing After Disaster

    Out of disaster comes opportunity. That is what the corporate legal community of Puerto Rico found after Hurricane Maria. But for many attorneys, the recovery is personal, too.

  • February 15, 2019

    TCPA Challengers Can't Go Around Gov't, High Court Told

    The federal government has jumped into a U.S. Supreme Court fight over the proper channel for challenging the Federal Communications Commission's reading of the Telephone Consumer Protection Act, arguing that private litigants aren't allowed to go around the government to launch collateral attacks on the validity of agency orders. 

  • February 15, 2019

    4 Things To Watch When DOL's Overtime Rule Finally Drops

    The U.S. Department of Labor is close to unveiling its long-awaited plan for scaling back a controversial Obama-era rule that expanded overtime protection for millions of white-collar workers. Here, experts discuss four things they will be looking for when the agency’s overtime rule is proposed.

  • February 15, 2019

    Plane Co. Asks Chancery To Break Grip Of Bogus Legal Rep.

    A multi-state dogfight over control of aircraft leasing company PMC Aviation landed in Chancery Court Friday, with Jet Midwest Group LLC seeking a temporary restraining order to break a former PMC investor's unauthorized grip on litigation involving the company.

  • February 15, 2019

    SEC Nudges Cos. Toward More Robust Diversity Disclosures

    The U.S. Securities and Exchange Commission is encouraging companies to reveal more about how they consider diversity when composing their boards of directors, a move that could shed more light on a topic that Congress and certain large shareholders are increasingly scrutinizing.

  • February 15, 2019

    Optum Can't Get 1st Circ. To Block Ex-Exec From Startup

    The First Circuit on Friday rejected Optum’s bid to block a former executive from working at a health care startup created by Amazon, Berkshire Hathaway and JPMorgan Chase, instead kicking the dispute back to the lower court.

  • February 15, 2019

    Illinois Poised To Hike Minimum Wage To $15 An Hour

    The Illinois House of Representatives has approved a bill that would raise the state’s minimum wage from $8.25 to $15 an hour — a move that the state’s governor said he would put his signature on.

  • February 15, 2019

    FTC’s Wilson Sees Pluses Of 'Total Welfare' Antitrust Standard

    Federal Trade Commission Republican Christine S. Wilson defended the current legal standard by which antitrust enforcers and courts judge mergers and anti-competitive conduct, but argued in a speech Friday that critics who want a new approach haven't given one alternative the attention it deserves.

Expert Analysis

  • Opinion

    The Problem With 'Optimal' Diversity

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    Organizations should seek to avoid discrimination, but they should also be wary of the idea that diverse teams function better than nondiverse teams, because this reasoning lacks evidence and can lead to a slippery slope, says J.B. Heaton of J.B. Heaton Research LLC.

  • The Growing Use Of Anti-SLAPP In Employment Cases

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    The strength of an anti-SLAPP statute hinges on its text. In states with strong legislation, courts have found that certain adverse employment actions implicate constitutional rights and fall within the purview of the law, say Jana Baker and Victoria Vish of Ogletree Deakins Nash Smoak & Stewart PC.

  • An Important Class Issue The High Court Left Unresolved

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    In Campbell-Ewald v. Gomez, the U.S. Supreme Court left unanswered the question of whether a class plaintiff’s claim is rendered moot if complete relief is provided. If a recent Second Circuit case — Geismann v. ZocDoc — is appealed, the Supreme Court could provide needed clarity, say attorneys at Drinker Biddle & Reath LLP.

  • Oxbow: Alignment Is Key In Put Valuation Processes

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    The recent Oxbow Carbon Unitholder Litigation demonstrated many common put valuation issues, but also how an alignment mechanism can foster cooperation despite a highly adversarial relationship, say Kyle Gann and Jason Osborn of Winston & Strawn LLP.

  • Where Calif. Privacy Law And Employee Benefits Data Collide

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    For covered businesses, the California Consumer Privacy Act's broad use of the term “consumer” means that the new law could apply to data collected about California residents under health, retirement and other employee benefit plans, say attorneys with Hunton Andrews Kurth LLP.

  • 3 Aspects Of Executive Agreements That Need An Upgrade

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    Underlying recent executive disputes with companies like Papa John's, Barnes & Noble and Uber is the executive employment agreement, which appears to include three areas that could and should be improved, says Zak Franklin of McDermott Will & Emery LLP.

  • Better Contracts Make For More Likely Tax Savings In Ohio

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    In a November 2018 decision, Willoughby Hills v. Testa, the Ohio Supreme Court further defined the commercial activity tax's agency exemption. Following the ruling, taxpayers should carefully negotiate contract language and business arrangements to ensure the factors of the agency relationship are met, say Jeremy Hayden and Chris Tassone of Frost Brown Todd LLC.

  • PCAOB Enforcement Actions Decline As Board Faces Change

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    Along with the appointment of five new members and other personnel changes at the Public Company Accounting Oversight Board, last year saw fewer settled disciplinary orders made public by the board. The decline is consistent with the trend at the U.S. Securities and Exchange Commission, says Robert Cox of Briglia Hundley PC.

  • Lowered Bar For BIPA Lawsuits Will Raise Insurance Issues

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    The Illinois Supreme Court's recent ruling in Rosenbach v. Six Flags is likely to continue the proliferation of Biometric Information Privacy Act litigation, in turn leading to more insurance coverage disputes over whether BIPA claims involve "personal and advertising injury" or "property damage," says Jonathan Viner of Nicolaides Fink Thorpe Michaelides Sullivan LLP.

  • The Many Elements Of Protection For Pre-Existing Conditions

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    As discussion and debate about health coverage continues following the recent Affordable Care Act decision in Texas v. U.S., it is useful to appreciate that what may be referenced in the singular as protection for pre-existing conditions is in fact a collection of multiple provisions working in concert, say Catherine Livingston and Elena Kaplan of Jones Day.