Corporate

  • April 05, 2024

    Where Will 10 Private IPhone Suits Call Home, Calif. or NJ?

    Two different groups of consumers are pushing competing visions for where they want to pursue claims that Apple tried to lock in iPhone users, with one case first filed in California seeking transfer to New Jersey while a second group sought consolidation of all private lawsuits in the Golden State.

  • April 05, 2024

    Tesla Workers Skipped Breaks To Meet Quotas, Suit Says

    Two former warehouse workers hit Tesla with a proposed wage and hour class action Thursday in California federal court, alleging the electric carmaker violated labor laws by not providing sufficient break time, operating an illegal quota system and failing to pay all of their wages.

  • April 05, 2024

    Med School Ex-CEO Sues For Legal Fees In Del. After Fraud Suit

    A company controlled by the former chief executive of a Grand Bahama-based medical school has sued the school's developers and indirect owner for legal fee advancements in Delaware's Court of Chancery, citing a federal suit accusing the ex-officer of selling undocumented stakes in the business.

  • April 05, 2024

    CEO Of Chilean Telecom Co. WOM Leaves Days After Ch. 11

    One of Chile's largest cellphone operators WOM SA has replaced its CEO days after it filed for bankruptcy in Delaware, the company announced, with the ousted executive alleging shareholders at the company failed to deliver on new sources of funding promised last fall.

  • April 05, 2024

    Judge Lourie's Dissent Revives Debate Over FDA Safe Harbor

    U.S. Circuit Judge Alan Lourie has urged the Federal Circuit to reconsider its precedent over a safe harbor that allows infringement when companies are developing products regulated by the U.S. Food and Drug Administration, and many attorneys agreed with him that the appeals court has been improperly expanding the safe harbor for decades.

  • April 05, 2024

    Starbucks Tells Judge Union Dealings Aren't 'Mission Critical'

    Starbucks denied Friday that complying with federal labor law was "mission critical" to its business as it urged a Washington state judge to dismiss a shareholder suit accusing company leaders of union busting, which they say tanked Starbucks' reputation.

  • April 05, 2024

    Ex-Biopharma Officer Seeks Defense Fees Over Fraud Suit

    Biopharmaceutical company EpicentRx has been slapped with a lawsuit in Delaware's Court of Chancery by its former corporate secretary and outside counsel seeking advancements of legal fees he has incurred in response to ongoing litigation accusing the company and its officers of fraud.

  • April 05, 2024

    DC Circ. Says DOJ Can Reopen Realtor Antitrust Probe

    The D.C. Circuit said on Friday that the U.S. Department of Justice can reopen an antitrust investigation into the National Association of Realtors, despite an earlier agency settlement over the association's rules.

  • April 05, 2024

    Virgin Galactic Sues Boeing Over 'Shoddy' $45M Aircraft Work

    Virgin Galactic has hit Boeing with a breach-of-contract suit in California federal court, alleging the aerospace giant failed to deliver a new $45 million "mothership" carrier aircraft due to its alleged "shoddy and incomplete" work and that Boeing has since wrongfully sued in Virginia seeking to claw back intellectual property licenses. 

  • April 05, 2024

    Gunmakers Denied Stay In Mexico Lawsuit

    Gunmakers hoping to get the U.S. Supreme Court to take up their effort to end a lawsuit by the Mexican government seeking to hold them liable for arming drug cartels can't make an end run around the First Circuit to pause the case while they wait, a Massachusetts district judge said on Friday.

  • April 05, 2024

    Boeing Pays Alaska Airlines $160M For 737 Midair Blowout

    The Boeing Co. has paid $160 million to Alaska Airlines for losses from the midair door plug blowout on a 737 MAX jet that horrified passengers, grounded planes and disrupted flights, according to a regulatory filing from the airline.

  • April 05, 2024

    Beverage Giant Sued Under Illinois Genetic Privacy Law

    Reyes Holdings, the largest beer distributor in the United States, has been sued in Illinois state court by a proposed class of job applicants who claim their genetic privacy rights were violated when they were required to submit to physical exams and inquiries about their family medical history as a condition of employment at the beverage distributor or its subsidiaries.

  • April 05, 2024

    Employment Authority: Gig Companies Go On Defense

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on what risks gig companies could face as they threaten to pull their apps from cities that add minimum wage requirements for gig workers, how employees' activities on social media are raising complex legal questions for employers, and why experts think federal law could preempt statutes passed by Southern states baring businesses that receive state economic incentives from voluntarily recognizing unions.

  • April 05, 2024

    Monopolies Will Raise Prices Under Minimum Tax, Expert Says

    The 15% global minimum tax will worsen the problems that monopolistic companies impose on economies because raising taxes on a company that lacks competition will lead it to raise prices, an academic expert on tax havens said Friday during a conference.

  • April 05, 2024

    Microsoft, Others Can Weigh In On Epic, Apple App Store Row

    A California federal judge allowed Microsoft, X Corp., Meta Platforms, Spotify and other major app developers to file amicus briefs in Epic Games' effort to convince the court that Apple is not complying with an order barring it from using anti-steering rules in its App Store.

  • April 05, 2024

    Jury Finds Pharma Exec 'Shadow Traded' With Inside Info

    A California federal jury found Friday that a former Medivation executive is liable for using inside information from his company when he purchased stock in rival pharmaceutical maker Incyte, in a novel civil "shadow trading" case brought by the U.S. Securities and Exchange Commission.

  • April 05, 2024

    Conflicting Stories Wreck Suit Blaming UPS Truck For Crash

    A Massachusetts federal judge has thrown out a man's suit against United Parcel Service Inc. alleging he had a wreck while trying to avoid hitting a UPS truck that was double-parked in the driving lane, with the judge saying the man gave two contradictory versions of the event in his filings.

  • April 05, 2024

    New Chancery Challenge Launched To Board-Investor Pacts

    A biopharmaceutical company stockholder has teed up a new Delaware Chancery Court suit challenging board-investor voting agreements, with the complaint acknowledging wide debate over the pacts and a fast-moving push to amend state corporation law to authorize them.

  • April 05, 2024

    PAGA Repeal Bill On Nov. Ballot May Upend Calif. Labor Law

    A controversial bill going before Golden State voters in November has employment attorneys divided over its plan to replace California's Private Attorneys General Act with new legislation doubling penalties for willful labor-law violators, but leaving enforcement solely to a state agency that has proven ineffective in the past.

  • April 05, 2024

    Nixon Peabody Adds 2 Attys From Hinckley Allen In Boston

    A pair of attorneys have jumped to Nixon Peabody LLP in Boston after spending more than a decade working at Hinckley Allen & Snyder LLP.

  • April 05, 2024

    Ex-Cognizant Execs' Trial Moved Over Atty Schedule Woes

    A New Jersey federal judge has agreed to reschedule the trial of two former Cognizant Technology Solutions executives accused of authorizing a bribe to an Indian official, answering the call by a Gibbons PC counsel who has another high-profile white-collar trial on his schedule the same day his Cognizant case client was also set to go before a jury.

  • April 05, 2024

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    Some pressure is off legal teams for a while as the U.S. Securities and Exchange Commission pauses its new climate disclosure rules until a court suit over them is resolved. And an in-house chief counsel was charged with embezzling more than $200,000 by getting his company to pay fake invoices from law firms.

  • April 05, 2024

    Green Energy Co. Duped Investors Out Of $40M, Suit Says

    A proposed class of investors has hit a purported Chicago green energy outfit and its executives with a federal suit claiming they used promises of extravagant returns to get the plaintiffs to invest but never created any energy or produced the returns they promised. 

  • April 05, 2024

    Utility Atty Who Advised Google JV Opens Environmental Firm

    An attorney who advised a Google joint venture on a group of master-planned communities and a California utility on billions of dollars in infrastructure work has launched boutique firm Forrest Environmental Law.

  • April 05, 2024

    Chinese Insurer Awarded Nearly $15M Over Hotel Theft Suit

    A California federal judge awarded a Chinese insurer nearly $15 million in damages after a man accused of conspiring to fraudulently claim ownership of New York City's JW Marriott Essex House Hotel and other luxury properties failed to appear in the action.

Expert Analysis

  • FERC's Updated Settlement Policy Comes With Risks For Cos.

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    The Federal Energy Regulatory Commission's newly streamlined enforcement settlement policy may increase investigation subjects' regulatory risk, so they should consider measures to protect themselves, such as periodically assessing compliance programs and mitigating any weaknesses, say attorneys at Willkie.

  • Tips For CCOs Submitting Annual Compliance Reports

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    Recent settlement actions by the U.S. Commodity Futures Trading Commission, coupled with statements made by both CFTC and U.S. Securities and Exchange Commission leadership, demonstrate why this year's chief compliance officer annual report filing is no ordinary exercise, and highlight the increasing importance of the report and its usage, say attorneys at Steptoe.

  • Legal Considerations For Circular Economy Strategies

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    As circular economy goals — generating revenue at multiple points in a product's life cycle — become nearly ubiquitous in corporate sustainability practices, companies should reassess existing strategies by focusing on government incentives, regulations, and reporting and disclosure requirements, say Rachel Saltzman and Erin Grisby at Hunton.

  • Decline In Same-Industry M&A Tells A Nuanced Policy Story

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    In light of newly available Hart-Scott-Rodino Act data suggesting that intraindustry mergers are down overall and pharmaceutical and hospital intraindustry transactions tend to face greater antitrust scrutiny than in the past, attorneys at Morgan Lewis explore whether Biden administration enforcement policies may be curbing pro-competitive strategic M&A.

  • SEC's Final Climate Disclosure Rules: What Cos. Must Know

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    While the U.S. Securities and Exchange Commission's scaled-back final rules requiring public companies to disclose certain climate-related information still face challenges in court, companies should begin preparing now to comply with the rules, say Celia Soehner and Erin Martin at Morgan Lewis.

  • Tips For Orgs Facing AI Data Privacy Compliance Challenges

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    Regulators around the world are actively seeking to enforce data privacy and consumer protection laws against companies providing artificial intelligence-related services, raising complex compliance questions in areas like transparency, data minimization, lawfulness of processing, data subject rights and higher risk activities, say attorneys at Hogan Lovells.

  • Caremark 2.0 Lends Shareholders Agency Against Polluters

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    The Caremark doctrine has been liberalized by recent Delaware court decisions into what some have termed a 2.0 version, making derivative cases against corporations far more plausible and invigorating oversight duty on environmental risks like toxic spills and air pollution, say Joshua Margolin and Sean Goldman-Hunt at Selendy Gay.

  • Behind The 'CVR Spin' Method Of Unlocking Assets In M&A

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    The spinoff of contingent value rights, or the CVR spin, can unlock secondary and noncore assets in public mergers and acquisitions, while resolving the market dislocation of some traditional divestitures, say attorneys at Gibson Dunn.

  • 2nd Circ.'s Nine West Ruling Clarifies Safe Harbor Confusion

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    The Second Circuit’s recent ruling in Nine West’s Chapter 11 suit clarifies that courts in the circuit will apply a transfer-by-transfer analysis to determine the applicability of Section 546(e) of the Bankruptcy Code, and that to be safe harbored, a financial institution must act as an agent with respect to the specific transfer at issue, says Leonardo Trivigno at Carter Ledyard.

  • Insurance Implications Of Trump's NY Civil Fraud Verdict

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    A New York state trial court’s $450 million judgment against former President Donald Trump and affiliated entities for valuation fraud offers several important lessons for companies seeking to obtain directors and officers insurance, including the consequences of fraudulent misrepresentations and critical areas of underwriting risk, says Kevin LaCroix at RT ProExec.

  • Opinion

    European Union Criticisms Of The FCPA Are Misguided

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    Some in the European Union have criticized U.S. enforcement of the Foreign Corrupt Practices Act for what they perceive as jurisdictional overreach, but this appears to overlook the crucial fact that jurisdiction is voluntary, and critics should focus instead on the lack of equivalent laws in their own region, say John Joy and YuTong Wang at FTI Law.

  • Del. Dispatch: How Moelis Upends Stockholder Agreements

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    The Delaware Court of Chancery's Moelis decision last month upended the standard corporate practice of providing governance rights in stockholder agreements and adds to a recent line of surprising decisions holding that long-standing, common market practices violate Delaware law, say attorneys at Fried Frank.

  • Business Litigators Have A Source Of Untapped Fulfillment

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    As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.

  • Understanding Insurance Is Key To Limiting Antitrust Liability

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    As regulators signal their intent to continue last year's aggressive campaign of corporate antitrust litigation, businesses must make active management of their liability insurance policies, along with a firm knowledge of the limits of their coverage, central to their strategies for limiting the enormous financial risks of enforcement, say attorneys at Nossaman.

  • Takeaways From USPTO's AI-Assisted Invention Guidance

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    Recently issued guidance from the U.S. Patent and Trademark Office clarifies how patent inventorship is to be determined when AI is involved, and while the immediate risk of prosecution for failing to meet the new standards appears low, the extent of examiners’ scrutiny remains to be seen, say attorneys at Foley & Lardner.

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