Corporate

  • October 15, 2024

    FTC Attorney Rejoins Hogan Lovells Antitrust Group In DC

    A former Federal Trade Commission attorney, who previously spent about five years with Hogan Lovells as a senior associate, has rejoined the firm's antitrust, competition and economic regulation practice in Washington, D.C., as a partner, the firm announced Tuesday.

  • October 15, 2024

    Polsinelli Adds Merck Legal Director To Energy Group In Philly

    An attorney who specializes in representing energy and utility clients and has experience as in-house counsel has left Merck, where she was a legal director for nearly three years, to become the first new lateral shareholder to join Polsinelli's Philadelphia office since the firm opened its doors there in August.

  • October 15, 2024

    Law Firms Diverge As Anti-ESG Pushback Continues

    A continuing onslaught of legislation and litigation opposing corporate environmental, social and governance actions has created a fork in the road for law firms, with some choosing to scale back efforts and others pushing ahead with their internal ESG and diversity, equity and inclusion goals.

  • October 15, 2024

    The 2024 Law360 Pulse Social Impact Leaders

    Check out our Social Impact Leaders ranking, analysis and interactive graphics to see which firms stand out for their engagement with social responsibility and commitment to pro bono service.

  • October 15, 2024

    Justices Let Solicitor General Argue In E-Rate Fraud Case

    The Solicitor General's Office will defend private citizens' ability to sue for E-rate fraud on behalf of the government under the False Claims Act, after the U.S. Supreme Court on Tuesday granted the solicitor general's request to participate in oral arguments in an AT&T subsidiary's challenge to the law's application.

  • October 15, 2024

    High Court Rejects Emergency NLRB Constitutional Challenge

    In the first case related to the National Labor Relations Board's constitutionality to reach the U.S. Supreme Court, Justice Brett Kavanaugh on Tuesday denied a car parts maker an emergency injunction that would've blocked the agency from pursuing a labor lawsuit.

  • October 15, 2024

    Justices Won't Review Atty Fee Denial In DOL Stock Plan Case

    The U.S. Supreme Court declined Tuesday to hear a construction design firm's push for attorney fees following its win in a U.S. Department of Labor case alleging the company mismanaged an employee stock ownership plan, leaving the Ninth Circuit's rejection of the bid for fees intact.

  • October 15, 2024

    High Court Won't Review Constitutionality Of Calif.'s AB 5

    The U.S. Supreme Court on Tuesday declined Postmates and Uber's request to review a Ninth Circuit ruling that said California's worker classification law is constitutional and does not strip the gig economy giants of equal protection under the law.

  • October 11, 2024

    Boeing Cuts 17K Jobs, Hits Union With Bargaining Charges

    Boeing's new chief executive on Friday said the aerospace giant will cut its workforce by about 17,000 jobs as part of a restructuring effort as the company enters a new chapter of regulatory scrutiny and production delays, a day after accusing the union representing striking factory workers of bad-faith bargaining.

  • October 11, 2024

    Real Estate Recap: Rating Climate Risk, Window Tech, Towers

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including a data-driven look at how climate risk is calculated for property owners, what one proptech company is doing to improve high-rise window-washing, and a new tracker following the tallest tower projects in the United States.

  • October 11, 2024

    With Swipe At Attys, CFPB's Chopra Defends Use Of Guidance

    At a tough-talking appearance in Utah on Friday, Consumer Financial Protection Bureau Director Rohit Chopra said he doesn't sweat potential legal challenges to his agency's rules and suggested some industry-side attorneys can be "leeches" who relish compliance uncertainty if it boosts their billable hours.

  • October 11, 2024

    High Court's TCPA Grant Set To Broaden Loper Bright's Blow

    On the heels of the U.S. Supreme Court dealing a major blow to the power of federal agencies to interpret laws, the justices are poised to again boost judicial authority and potentially release a torrent of litigation challenging the established tome of regulations crafted under the Telephone Consumer Protection Act.

  • October 11, 2024

    Aerospace Firm To Pay SEC $1.1M Over India Bribe Claims

    Aerospace components manufacturer Moog Inc. will pay a $1.1 million civil penalty to resolve U.S. Securities and Exchange Commission claims that an Indian subsidiary of the company violated the Foreign Corrupt Practices Act in connection with an alleged scheme to bribe Indian officials.

  • October 11, 2024

    Employment Authority: High Court To Take On 'Majority' Bias

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on how so-called reverse discrimination cases could rise if the U.S. Supreme Court nixes a legal test in "majority" group bias cases, how employers can remain compliant with wage and hour laws even during natural disasters, and how the National Labor Relations Board could expect to shift under a Trump presidency.

  • October 11, 2024

    Up Next At High Court: CBD Injuries & The Clean Water Act

    The U.S. Supreme Court will be closed Monday, but the justices will return to the bench Tuesday to hear arguments over whether the federal Racketeering Influenced and Corrupt Organizations Act allows litigants to pursue claims of economic harm tied to personal injuries, and how specific pollutant discharge limits have to be under the Clean Water Act.

  • October 11, 2024

    Judge OKs Deal In One Of EEOC's First PWFA Suits

    A Florida federal judge on Friday approved a nearly $100,000 consent decree between a Florida resort and a line cook fired when she requested time off after a stillbirth, in one of the U.S. Equal Employment Opportunity Commission's first batch of cases accusing employers of violating the Pregnant Workers Fairness Act.

  • October 11, 2024

    DOD Finalizes High-Profile Contractor Cybersecurity Rule

    The U.S. Department of Defense on Friday finalized a rule implementing its sweeping Cybersecurity Maturity Model Certification program, which will attach a minimum cybersecurity requirement to nearly all DOD contracts.

  • October 11, 2024

    IBM Unit Wants To Undo 'Troubling' Defamation Case Ruling

    An IBM unit has asked the Fourth Circuit to revive its lawsuit alleging a former executive's defamatory statements nearly killed a major acquisition, arguing that a lower court attempted to inject a new standard into its analysis.

  • October 11, 2024

    New Squarespace Suit Filed For Take-Private Docs

    A second shareholder of website builder Squarespace Inc. has sued in the Delaware Court of Chancery for books and records on the company's proposed $7.2 billion take-private deal with private equity giant Permira Advisors LLC, less than two weeks after the sidelining of an earlier books suit focusing on the same deal, which is set to expire late Oct. 11.

  • October 11, 2024

    Cornell Case Gives Justices Chance To Curb ERISA Litigation

    The U.S. Supreme Court's recent decision to hear a retirement fee suit from Cornell workers means new precedent is coming that could harmonize an uneven set of circuit standards for what it takes to pursue a prohibited transaction claim under federal benefits law, attorneys say.

  • October 11, 2024

    FTC's Republicans Take Aim At Agency Merger Data

    The Federal Trade Commission's two Republican members criticized a long-standing agency policy of reporting "abandoned" transactions that were never notified to the antitrust agencies as wins, while dissenting from an annual congressional report on merger reviews.

  • October 11, 2024

    Swiss Native Ran $8M International Stock Fraud, SEC Says

    A Swiss-born Massachusetts resident ran a years-long international fraud scheme by tricking investors, mainly from Europe, into investing with him and then absconding with the money, the U.S. Securities and Exchange Commission alleged in a Friday suit.

  • October 11, 2024

    BofA Must Face Iranian Bias Claims At 9th Circ.

    A Bank of America customer wants the Ninth Circuit to revive his proposed class action alleging the financial giant discriminates against Iranian citizens, according to a notice of appeal.  

  • October 11, 2024

    Gruden Gets Another Play, Could Keep NFL Suit In Court

    Former Las Vegas Raiders coach Jon Gruden will have another shot to keep from arbitration his case over the NFL's alleged torpedoing of his contract with leaks of his inflammatory emails, as the entire Nevada Supreme Court will consider the proper venue for the heated dispute.

  • October 11, 2024

    Quinn Emanuel Faces DQ Bid For Musk-Dogecoin Deal Leak

    Dogecoin investors want Quinn Emanuel Urquhart & Sullivan LLP to be disqualified in their case against Elon Musk and Tesla Inc. because the law firm and its attorneys publicly disclosed a confidential settlement offer in the contentious lawsuit.

Expert Analysis

  • Remedy May Be Google's Biggest Hurdle Yet In Antitrust Case

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    There are difficulties ahead in the remedies phase of the antitrust case against Google in District of Columbia federal court, including the search engine giant's scale advantage and the fast-moving nature of the tech industry, setting the stage for the most challenging of the proceedings so far, says Jonathan Rubin at MoginRubin.

  • Takeaways From EU's 'Pay Or Consent' Advertising Probe

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    Anne-Gabrielle Haie and Charles Whiddington at Steptoe examine key points from the European Commission's recent investigation into Big Tech's use of "pay or consent" advertising models, as well as the European Data Protection Board’s opinion on how such models can comply with EU competition and data protection laws.

  • Tips For Revamping Patent Portfolio Strategy In AI Deal Era

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    Recent data suggests patents are significantly enhancing exit valuations, particularly with cutting-edge technologies like those powered by artificial intelligence, but it is necessary to do more than simply align patent strategy with business goals, says Keegan Caldwell at Caldwell Law.

  • 3 High Court Rulings May Shape Health Org. Litigation Tactics

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    Three separate decisions from the U.S. Supreme Court's most recent term — Loper Bright, Corner Post and Jarkesy — will likely strengthen healthcare organizations' ability to affirmatively sue executive agencies to challenge regulations governing operations and enforcement actions, say attorneys at McDermott.

  • Opinion

    The Big Issues A BigLaw Associates' Union Could Address

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    A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.

  • Opinion

    It's Time For A BigLaw Associates' Union

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    As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.

  • Why DOJ's Whistleblower Program May Have Limited Impact

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    The U.S. Department of Justice’s new whistleblower pilot program aims to incentivize individuals to report corporate misconduct, but the program's effectiveness may be undercut by its differences from other federal agencies’ whistleblower programs and its interplay with other DOJ policies, say attorneys at Milbank.

  • How Calif. Justices' Prop 22 Ruling Affects The Gig Industry

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    The California Supreme Court's recent upholding of Proposition 22 clarifies that Uber, Lyft, DoorDash and other companies in the gig industry can legally classify their drivers as independent contractors, but it falls short of concluding some important regulatory battles in the state, says Mark Spring at CDF Labor.

  • Takeaways From Virginia's $2B Trade Secrets Verdict Reversal

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    The Virginia Court of Appeals' recent reversal of the $2 billion damages award in Pegasystems v. Appian underscores the claimant's burden to show damages causation and highlights how an evidentiary ruling could lead to reversible error, say John Lanham and Kamran Jamil at Morrison Foerster.

  • How Justices Upended The Administrative Procedure Act

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    In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.

  • How Corner Post Affects Enviro Laws' Statutes Of Limitations

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    The U.S. Supreme Court's recent ruling in Corner Post v. Federal Reserve Board has helped to alter the fundamental underpinnings of administrative law — and its plaintiff-centric approach may have implications for some specific environmental laws' statutes of limitations, say Chris Leason and Liam Martin at Gallagher and Kennedy.

  • Jarkesy May Thwart Consumer Agencies' Civil Penalty Power

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    The U.S. Supreme Court's ruling in U.S. Securities and Exchange Commission v. Jarkesy not only implicates future SEC administrative adjudications, but those of other agencies that operate similarly — and may stymie regulators' efforts to levy civil monetary penalties in a range of consumer protection enforcement actions, say attorneys at Holland & Knight.

  • Lessons From Recent SEC Cyber Enforcement Actions

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    The recent guidance by the SEC's Division of Corporation Finance is helpful to any company facing a cybersecurity threat, but just as instructive are the warnings raised by the SEC's recent enforcement actions against SolarWinds, R.R. Donnelley and Intercontinental Exchange, say attorneys at O'Melveny.

  • Tips For Tax Equity-Tax Credit Transfers That Pass IRS Muster

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    Although the Internal Revenue Service has increased its scrutiny of complex partnership structures, which must demonstrate their economic substance and business purpose, recent cases and IRS guidance together provide a reliable road map for creating legitimate tax equity structures, say Ian Boccaccio and Michael Messina at Ryan Tax.

  • 2nd Circ. Ruling Reaffirms Short-Swing Claims Have Standing

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    The Second Circuit's recent ruling in Packer v. Raging Capital reversing the dismissal of a shareholder's Section 16(b) derivative suit seeking to recover short-swing profits for lack of constitutional standing settles the uncertainty of the district court's decision, which could have undercut Congress' intent in crafting Section 16(b) in the first place, say attorneys at Simpson Thacher.

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