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Wells Fargo

Lawyer's 'Inadvertent' E-Discovery Failures Led to Wells Fargo Data Breach

By Christine Simmons |

A massive Wells Fargo customer data breach was not the work of a hacker, but of the bank's own lawyer who failed to review an entire set of discovery documents, including information about the bank's wealthy customers, before it was shipped to a litigation adversary.

Uber headquarters in San Francisco

Quinn Emanuel Fired Uber, Citing Fixed Fee Rates That Aren’t ‘Financially Viable’

By Jennifer Williams-Alvarez |

New court documents show that Quinn Emanuel dropped Uber as a client last year after finding the company's fixed fee arrangements unsatisfactory.

What GC Thought Leaders Experiment Is About (Hint: Not Cost)

By Firoz Dattu and Dan Currell, AdvanceLaw |

The leaders of AdvanceLaw explain the GC Thought Leaders Experiment is not about tracking billing data, but about tracking what makes for a satisfying relationship between law firm and client.

SEC Issues Whistleblower Award to Government Agency Employee for First Time

By Sue Reisinger and C. Ryan Barber |

The Securities and Exchange Commission on Tuesday awarded nearly $2.5 million to a government worker who helped regulators launch an investigation and eventually crack down on a company's misconduct, the first such whistleblower bounty issued to an employee of a government agency.

Workplace Marijuana Rules Confronted in Discrimination Cases

By Erin Mulvaney |

Marijuana use in the workplace has become increasingly hazy as more states legalize the drug and employers grapple with how to adjust their policies to the complex jumble of new laws and court decisions.

Trump Administration Lines Up Against EEOC in LGBT Workplace Rights Case

By Erin Mulvaney |

The Trump administration's U.S. Justice Department on Wednesday cast aside another federal agency's arguments that gay and lesbian employees should be protected from workplace sexual orientation discrimination under civil rights laws.

Beyonce with twins Sir and Rumi in an announcment on Instagram with over 9 Million likes

Beyonce, Jay-Z Want to Trademark Twins’ Names. What Could Possibly Stand in Their Way?

By Scott Graham |

The musicians want to prevent others from profiting off their kids' names. But to be successful, trademark applicants have to have a true intent to use the mark, says Knobbe Martens partner Ian Gillies.

Boring Company promotional video

Musk's Boring Company Seeks In-House Counsel

By David Ruiz |

The new in-house lawyer for Musk's underground tunneling project will likely need experience with a patchwork of municipal rules and safety regulations.

U.S. Treasury Department in Washington

SEC Whistleblowers in Line for Windfall, and FTC Probes Amazon: Roundup

By C. Ryan Barber |

The Trump administration is touting the number of federal regulations that are on the chopping block. Exxon Mobil Corp.'s suing the U.S. Treasury Department over a $2 million fine for violating Russia sanctions. The Federal Trade Commission's looking at Amazon.com's discounting practices. And financial regulators appear to be pulling back on a plan to restrict Wall Street bonuses. This is a weekly roundup from ALM and around the web.

Wells Fargo

Wells Fargo Whistleblower in Sham-Accounts Scandal Wins Reinstatement, Back Pay

By C. Ryan Barber |

The U.S. Department of Labor on Friday ordered Wells Fargo & Co. to reinstate a former branch manager fired for blowing the whistle on three subordinates who were opening new accounts for customers without their knowledge—the conduct at issue in the bank’s $185 million settlement last year with federal regulators and the Los Angeles City Attorney's Office.

Eric T. Schneiderman

Schneiderman, 10 Other State AGs Sue EPA Over Chemical Safety Rule

By Josefa Velasquez |

New York Attorney General Eric Schneiderman and 10 other state attorneys general have filed a lawsuit against the U.S. Environmental Protection Agency in Washington, charging the agency has illegally delayed a safety rule for chemical plants.

L to R: Joshua Klayman, co-chair of Morrison & Foerster’s Blockchain + Smart Contracts Group; Jae Kwon, co-founder, All in Bits, Cosmos, and Tendermint; Nick Chirls, founder & partner, Notation Capital; Subhankar Sinha, Co-Founder, PwC’s Global Blockchain Practice, Emma Channing, General Counsel, The Argon Group; Greg Murphy, Partner, Outlier Ventures; John Tabacco, Co-Founder, T0, and President, Rev4, during a panel discussion titled “Blockchain for Bankers: ICOs and Similar Investments” at Morrison Foerster in New York.

A Market with ‘Zero Regulation’: Experts Disagree on Regulator Role in Cryptocurrency

By Ian Lopez |

Some view the regulatory environment around cryptocurrency as burdensome, others nonexistent.

Chris Handman.

Snap's General Counsel Leaves Company

By David Ruiz |

The company behind messaging app Snapchat has lost its first-ever GC, Chris Handman.

Corporate Governance and Independent Directors’ Role in Public Companies With Dual Share Structure

By Serge V. Pavluk and Anastasia Atkins |

The Snap IPO has brought to light the topic of dual-share structured companies and may leave other companies planning to go public wondering whether a dual-class share structure is right for them.

Peter Davidson.

Trump’s Commerce GC Pick Discloses Verizon Compensation, Ethics Pledge

By C. Ryan Barber |

Peter Davidson, a former top lobbyist for Verizon Communications who is the Trump administration’s pick for U.S. Commerce Department general counsel, left the telecommunications giant in December with more than $3 million in salary, bonus, stock payments, severance and unused vacation time.

Why Cisco, Salesforce Joined Alliance to Protect Patent System

By Jennifer Williams-Alvarez |

In-house lawyers from the two companies said the motivation to join stemmed from a desire to protect inventions and investments.

DNA Sequencing Patent Feud Sparks New Court Fight

By Scott Graham |

Peace broke out last week between rivals Illumina Inc. and Qiagen N.V. as the companies settled a contentious suit in California. But before lawyers could pack up their files, a new patent war was taking shape in Delaware.

Texts Generate New E-Discovery Dilemmas for In-House Counsel

By Jennifer Williams-Alvarez |

As employees increasingly rely on texting for business-related communication, companies have to figure out how to handle this data, especially in the context of e-discovery.

Ann Marie Buerkle, acting chair of the Consumer Product Safety Commission, is the Trump administration's pick to lead the agency.

Ann Marie Buerkle Is Trump's Pick to Lead Product Safety Agency: What to Know

By C. Ryan Barber |

This week, President Trump nominated Ann Marie Buerkle, the former New York congresswoman, to serve as the Consumer Product Safety Commission's chairwoman in a permanent capacity, putting her in line to lead the agency when Republicans take a majority. Here's a look at what companies and safety advocates need to know about Buerkle.

James Neath, president of Clutch Group.

Former BP Head of Litigation to Head Clutch

By Gabrielle Orum Hernández |

Neath, a former BP associate general counsel, looks to help Morae Global build inroads with the financial and energy sectors.

Travis Kalanick, Melinda Haag and Walter Brown.

Orrick Steps In for Kalanick Ahead of Waymo Deposition

By Ben Hancock |

Former U.S. Attorney Melinda Haag and Walter Brown, Orrick partners, are representing ousted Uber CEO Travis Kalanick in a lawsuit that centers on allegedly stolen driverless car technology.

Library of Congress in Washington, D.C.

Copyright Royalty Board Launches E-Filing, Case Management System

By Rhys Dipshan |

Designed by solution provider NIC, the new system will seek to automate the cumbersome and manual process of filing claims and tracking case progress.

Acting Assistant Attorney General Kenneth A. Blanco

Global Crime Growing, Along With DOJ's Cross-Border Cooperation

By Sue Reisinger |

A recent speech by acting Assistant Attorney General Kenneth Blanco underscored the increasing cooperation between the DOJ and prosecutors in other countries.

Deal Price or Fair Value?: Del. Courts Juggle Factors in Appraisal Cases

By Tom McParland |

For the second time in as many months, the Delaware Court of Chancery has ruled that a company sold for more than it was worth, a warning sign for appraisal seekers as the Delaware Supreme Court appears poised to address the role of deal price in determining fair value.

U.S. Securities and Exchange Commission building.

Sarbanes-Oxley’s Legacy for Corporate Counsel

By Michael W. Peregrine |

On the 15th anniversary of the Sarbanes-Oxley Act, enacted July 30, 2002, in-house counsel should pause to reflect on how the on-going legacy of that seminal law continues to impact the role of the general counsel, lawyers' professional responsibilities, and the relationship of corporate counsel to governance.

Wells Fargo.

Wells Fargo Data Fiasco Raises Red Flags, Demands Serious Change: Lawyer

By Janet Levaux, ThinkAdvisor |

Other bank observers point to the multiple problems exposed by the recent leak of private data of 50,000 clients and advisors.

Workers Are Lining Up for Microchip Implants, but Lawyers Say Slow Down

By David Ruiz |

Is microchipping your employees a good idea? Attorneys have serious reservations about the practice.

Chelsea Grayson

American Apparel and After: A Q&A With Chelsea Grayson

By Stephanie Forshee |

Grayson served as both GC and CEO at American Apparel. Now, she's figuring out her next move.

Two Law Partners Jailed for Stealing $1.2M From Hospital-Client

By Kristen Rasmussen |

Partners at a law firm in Kansas City, Missouri, pleaded guilty to federal charges in connection with a scheme to divert funds from the hospital system that retained them to collect delinquent patient accounts.

patent

Supporters Lining Up Behind Apple in Qualcomm Patent Dispute

By Jennifer Williams-Alvarez |

Organizations and companies are taking Apple's side in its IP fight with Qualcomm.

Bass Pro Shops store in Arundel Mills Mall in Maryland. July 10, 2014. Photo by Jenna Greene/NLJ.

How Bass Pro Resolved the EEOC's Long-Running Bias Case

By Erin Mulvaney |

Bass Pro Outdoor World LLC agreed to pay $10.5 million and bolster its efforts to hire a more diverse workforce at its retail stores that sell fishing, camping and hunting equipment, following a complaint brought by the U.S. Equal Employment Opportunity Commission. The nationwide settlement, ending a long-running employment discrimination case, comes with more than a hefty price tag. Here's a look at the requirements imposed on the company.

Janet Link Takes GC Post at Stanley Black & Decker

By Sue Reisinger |

Link moves to the company from JC Penney, where she has been general counsel for the past two years.

OCC Invitation Prompts Fintech to Apply for Traditional Bank Charter

By Stephanie Forshee |

Varo Money, a mobile banking startup, announced this week it has applied to become a national bank.

Hank Nayden, general counsel of Geico.

Geico Names Hank Nayden as New General Counsel

By Stephanie Forshee |

Nayden has been with the company since 1992 in various roles.

Decoding China’s New Cybersecurity Law

By Kirstin McCracken |

Recent headlines around the world have been preoccupied with news from mainland China, which includes a new Cybersecurity Law that came into effect on June 1st. The new law was introduced amid heightened concerns in China and globally over the potential for cyber issues, such as the WannaCry ransomware attack, to impact governments, public services, businesses and individuals.

Office of the U.S. Attorney for the Northern District of Illinois at Dirksen Federal Building (foreground) in downtown Chicago.

Federal Prosecutor in Chicago Dedicates 5 Attorneys to Health Care Fraud

By Kristen Rasmussen |

Attorneys in the space say that the move indicates the DOJ is putting more emphasis on prosecuting criminal health care fraud violations.

A Conversation With Six General Counsel

By Firoz Dattu and Catherine Cook, AdvanceLaw |

Since the publication of the GC Open Letter, we’ve heard a lot of perspectives from the legal industry. But we haven’t heard more about the Experiment from the GCs, themselves. So we talked to six of them to learn which hypotheses they’re most interested in, as well as their motivations.

Velcro USA headquarters

Velcro Companies Hires New General Counsel

By Stephanie Forshee |

Anne Taubes Warner has stepped in to fill the GC role at the Boston-based company.

Once More Unto the Breach: A Discussion of Recent Data Breach Litigation

By Edward J. Bennett, Matthew H. Blumenstein and Xiao Wang |

The Anthem settlement appears to represent yet another watershed moment in data breach litigation. This is a still a relatively new and rapidly evolving field, but, as more and more of these cases are filed, several recurring battle lines have emerged through parties' arguments and judicial opinions. This article discusses two such issues—standing and class certification. It also discusses the prospect of additional clarity in this area.

12 Keys to Compliance—How Does Your Company Stack Up?

By Kirsten Polyansky and Phil Lookadoo |

Regulatory compliance is no longer an option to be implemented by only mega corporations. Any size enterprise is fair game to regulatory scrutiny, which renders the economic and reputational risks of noncompliance too costly at every level. But what elements comprise a strong compliance program and how many of those elements does your compliance program include?

Texting—It's Like Deja Vu All Over Again

By John Sharpe and Greg Amoroso |

Texting is the new email dilemma. When email first emerged as a common method of business communication, regulators demanded that firms monitor and retain emails as part of their supervisory responsibilities and, in response, firms developed policies and protocols governing email usage. Naturally, emails had a significant impact on litigation and regulatory proceedings and, more specifically, made both processes more costly and time consuming.

DOJ, SEC Drop Probe Into IBM-But Without Public Explanation

By Sue Reisinger |

Silent declinations have critics asking why the DOJ sometimes releases details about its declination decisions, but refuses to discuss details about others.

U.S. Securities and Exchange Commission building in Washington, D.C.

SEC's Second Whistleblower Award This Week Makes Exception for Tipster

By C. Ryan Barber |

After a nearly three-month dry period for whistleblower bounties, the U.S. Securities and Exchange Commission this week awarded a pair of tipsters who helped the agency bring successful enforcement actions. To approve the latest award, the SEC made an exception that it has used at least once before to reward a tipster who began working with the agency before the 2010 passage of Dodd-Frank reform law.

Uber offices at 1455 Market St. in San Francisco.

Would You Be Uber's Next GC? We Asked

By Stephanie Forshee, David Ruiz and Jennifer Williams-Alvarez |

The troubled ride-hailing company is in need of a new general counsel.

Three Ways to Effectively Guide an Organization Through Global Expansion

By Nancy Cremins |

When companies begin the process of expanding to different countries, one of the first things they must consider is how to staff the new roles in a way that is seamless, efficient and, most importantly, compliant. Staying up to date on the variances in employment laws, at both the federal and local level, can take a considerable amount of time and resources.