Corporate

  • April 02, 2024

    Ex-Autonomy Exec Denies He Blew Whistle To Deflect Scandal

    Autonomy's former U.S. chief financial officer denied under cross-examination Tuesday in the California criminal fraud trial of ex-CEO Michael Lynch that he brought whistleblower concerns about alleged accounting irregularities to the software company's Deloitte auditors to "cover" himself after a payroll scandal emerged in his department.

  • April 02, 2024

    Calif. Regulator Urges Cos. To Only Collect Needed Data

    The California Privacy Protection Agency on Tuesday cautioned businesses to only collect or use consumers' personal information when it's needed and to avoid collecting anything beyond that, issuing its first of several planned advisories clarifying companies' obligations under the California Consumer Privacy Act.

  • April 02, 2024

    Citi Says 'Misguided' NY Fraud Protection Suit 'Mangles' Law

    Citibank NA on Tuesday urged a New York federal court to throw out the Empire State attorney general's suit claiming it lacks necessary online security measures, slamming the complaint as "misguided" and arguing that it "mangles" the text of the Electronic Fund Transfer Act.

  • April 02, 2024

    Uber Seeks Exit From Texas Riders' Claims In Assault MDL

    Uber urged a California federal court Monday to toss Texas plaintiffs' claims in the multidistrict litigation seeking to hold the ride-hailing company liable for drivers' sexual assault, saying it can't be held responsible for the actions of individual drivers under Texas law.

  • April 02, 2024

    Rakoff Says SEC Can't Get Early Win For Broker Claim

    The U.S. Securities and Exchange Commission can't get a partial early win for its allegation that a trust violated registration provisions of the federal securities laws because genuine questions remain about whether the defendants were actually acting as unregistered brokers, a Manhattan federal judge has determined.

  • April 02, 2024

    SEC Republicans Criticize 'Punishing' Rulemaking Agenda

    U.S. Securities and Exchange Commission Chair Gary Gensler opened an annual agency conference Tuesday by defending efforts to write new regulations addressing the changing U.S. capital markets, while his Republican colleagues called on the commission to pare back a "punishing" rulemaking agenda that has included a controversial rule governing climate change disclosures.

  • April 02, 2024

    USPTO Stands By Proposal To Increase Many Patent Fees

    The U.S. Patent and Trademark Office released a proposal Tuesday to increase many patent-related fees beginning next year, standing by planned hikes related to requesting continued examination, design patents and post-grant challenges that have drawn concern.

  • April 02, 2024

    Jon Stewart Reveals Apple's Heavy Hand In Lina Khan Chat

    Federal Trade Commission Chair Lina Khan appeared on "The Daily Show" on Monday night for a wide-ranging conversation in which host Jon Stewart revealed that Apple wouldn't allow him to speak with her on a podcast related to his Apple TV+ show.

  • April 02, 2024

    9th Circ. To Hear Ex-Theranos Execs' Criminal Appeals In June

    The Ninth Circuit has set oral arguments in former Theranos CEO Elizabeth Holmes' high-stakes appeal of her criminal securities fraud conviction and 11-year prison sentence for June 11 — the same day the panel is scheduled to hear arguments in convicted ex-Theranos executive Ramesh "Sunny" Balwani's appeal.

  • April 02, 2024

    'This Just Has To Stop': Judge Hits Hytera With $1M Daily Fine

    An Illinois federal judge imposed a daily $1 million fine and other steep contempt sanctions against Hytera Communications on Tuesday, as she ripped the company for violating her order to refrain from participating in Chinese litigation that could undermine Motorola Solutions' $530 million mobile radio trade secrets trial win.

  • April 02, 2024

    Amazon App Users Win Class Cert. For BIPA Claims

    An Illinois federal judge has granted class certification to consumers who allege Amazon's virtual try-on technology violates the Prairie State's biometric privacy law.

  • April 02, 2024

    Straight Path Attys Seek $9.5M Fee After Chancery IDT Ruling

    Attorneys who mostly lost a yearslong Court of Chancery stockholder suit seeking as much as $1.2 billion in damages from IDT Corp. founder Howard Jonas based on allegedly coerced liability releases are seeking a $9.5 million attorney fee, saying the case proved Jonas' fiduciary disloyalty.

  • April 02, 2024

    Theseus Investor Seeks Appraisal After Concentra Merger

    A fund invested in clinical-stage biopharmaceutical company Theseus Pharmaceuticals Inc. has petitioned Delaware's Court of Chancery for an appraisal of the investor's 250,000 shares following Theseus' $4.05 per-share consolidation in February with Concentra Biosciences LLC.

  • April 02, 2024

    Amazon, Apple Buyers Defend Adding New Class Reps

    Attorneys for a proposed antitrust class action against Apple and Amazon say the tech giants are being unreasonable by trying to stop them from adding new class representatives to the case after the initial delegate stopped talking with his legal team.

  • April 02, 2024

    Insurer Sues For Oxbow Director Legal Fees In Crestview Suit

    An insurer for two former Oxbow Carbon LLC directors sued the company in Delaware's Court of Chancery on Monday seeking recovery of millions paid to defend the pair in a long-running battle dating to 2016 over investor efforts to force a sale of the multifaceted energy company.

  • April 02, 2024

    Consumers Ask To Update Amazon Antitrust Claims

    Consumers seeking billions of dollars over allegations that Amazon's merchant contracts cause them to pay higher prices are asking a Washington federal court for permission to update their claims to include more details about the tactics the e-commerce giant allegedly used.

  • April 02, 2024

    ZeniMax Escapes Trans Ex-Worker's Coverage Denial Suit

    A Maryland federal judge granted video game developer ZeniMax's bid to toss a transgender ex-employee's suit claiming the business didn't uphold promises it would continue her health coverage after she left the company because of harassment, saying she didn't show that federal benefits laws were violated.

  • April 02, 2024

    Mattel Used Forfeited 401(k) Funds For Itself, Suit Says

    Mattel unlawfully utilized former workers' forfeited 401(k) funds to cover its retirement plan contributions rather than offsetting millions of dollars in expenses paid by plan participants, according to a proposed class action filed in California federal court.

  • April 02, 2024

    7th Circ. Won't Revive Parents' Claims in Abbott Formula Row

    The Seventh Circuit upheld on Tuesday the dismissal of parents' claims they were economically harmed from buying infant formula that could have been contaminated with bacteria at an Abbott Laboratories plant, saying their alleged injuries aren't enough to prove standing. 

  • April 02, 2024

    Del. Justices Agree To Review Ex-Xerox Unit Coverage Row

    The Delaware Supreme Court agreed Tuesday to review a lower court's decision to set aside a jury verdict finding that an ex-Xerox unit tried to defraud its insurers into providing coverage for a portion of a $236 million Medicaid fraud-related settlement with Texas.

  • April 02, 2024

    4 Mass. Rulings You May Have Missed In March

    A former Harvard Business School professor who was denied tenure after his angry emails to a restaurant went viral was among the winners from a slate of recent Massachusetts state court decisions, which also addressed claims about "forever chemicals" in firefighting gear and a popular gym shut down during the pandemic.

  • April 02, 2024

    Palestinian Worker Says Gaza Sympathies Got Her Fired

    A consulting company unlawfully fired a Muslim Palestinian worker after she criticized an email from the CEO that expressed support for Israel and ignored the climbing death toll in Gaza, the worker told a Washington federal court.

  • April 02, 2024

    Calif. Bill Would Provide After-Hours 'Right To Disconnect'

    A California state lawmaker has introduced a first-of-its-kind bill that would give workers the right to ignore emails, text messages and phone calls from their employers after they clock out.

  • April 02, 2024

    Fanatics Exec To Take Stand In DraftKings Noncompete Suit

    A Boston federal judge said Tuesday she expects a former DraftKings executive to testify later this month in a hearing to sort out competing narratives and allegations of corporate espionage related to his abrupt departure to work for rival sportsbook Fanatics.

  • April 02, 2024

    Monthly Merger Review Snapshot

    Kroger and Albertsons navigated merger challenges from the Federal Trade Commission and two separate state attorneys general, Nippon Steel tried to assuage concerns from the White House down about its planned purchase of U.S. Steel, and JetBlue Airways and Spirit Airlines abandoned their merger.

Expert Analysis

  • Preparing For DOJ's Data Analytics Push In FCPA Cases

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    After the U.S. Department of Justice’s recent announcement that it will leverage data analytics in Foreign Corrupt Practice Act investigations and prosecutions, companies will need to develop a compliance strategy that likewise implements data analytics to get ahead of enforcement risks, say attorneys at Cozen O'Connor.

  • Planning For Stymied HSR Filings At FTC If Shutdown Occurs

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    If the government were to shut down in early March, the inability to submit Hart-Scott-Rodino filings with the Federal Trade Commission would grind transactions to a halt, and parties should consider numerous implications as they are negotiating or planning to close pending transactions, say attorneys at DLA Piper.

  • How High Court SEC Case Could Affect The ITC

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    While the U.S. Supreme Court’s upcoming ruling in U.S. Securities and Exchange Commission v. Jarkesy will likely spare the U.S. International Trade Commission from major operative changes, the ITC’s ability to issue penalties for violations of its orders may change, say Gwendolyn Tawresey and Ryan Deck at Troutman Pepper.

  • 6th Circ. Ruling Breathes New Life Into Article III Traceability

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    The Sixth Circuit's recent decision in Hardwick v. 3M Co. to vacate a district court's certification of one of the largest class actions in American jurisprudence for lack of Article III standing has potentially broader implications for class action practice in the product liability sphere, particularly in medical monitoring cases involving far-fetched theories of causation, say attorneys at Skadden.

  • How 3 New Laws Change Calif. Nonprofits' Legal Landscape

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    Legislation that went into effect on Jan. 1 should be welcomed by California’s nonprofit organizations, which may now receive funding more quickly, rectify past noncompliance more easily and have greater access to the states’ security funding program, say Casey Williams and Brett Overby at Liebert Cassidy.

  • USCIS Fee Increases May Have Unintended Consequences

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    U.S. Citizenship and Immigration Services’ new fee schedule, intended to provide the agency with needed funds while minimizing the impact of higher fees on individual immigrants and their families, shifts too much of the burden onto employers, say Juan Steevens and William Coffman at Mintz.

  • Del. Segway Dismissal Suggests Execs Not Liable For Biz Risk

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    While the debate continues within the Delaware Chancery Court over whether Caremark liability applies to matters of pure business risk, the court's recent rejection of Segway’s suit against the ex-president who oversaw financial difficulties suggests the court is uninterested in undermining the deference the business judgment rule grants corporate fiduciaries, say attorneys at Dechert.

  • Mass Arb. Rule Changes May Be A Hindrance For Consumers

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    The American Arbitration Association's recent changes to its mass arbitration supplementary rules and fee schedule, including a shift from filing fees to initiation and per-case fees, may reduce consumers' ability to counteract businesses' mandatory arbitration agreements, say Eduard Korsinsky and Alexander Krot at Levi & Korsinsky.

  • ChristianaCare Settlement Reveals FCA Pitfalls For Hospitals

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    ChristianaCare's False Claims Act settlement in December is the first one based on a hospital allegedly providing private physicians with free services in the form of hospital-employed clinicians and provides important compliance lessons as the government ramps up scrutiny of compensation arrangements, say attorneys at Sheppard Mullin.

  • Exxon ESG Proxy Statement Suit May Chill Investor Proposals

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    Exxon Mobil’s recent use of a Texas federal lawsuit to intimidate shareholders into withdrawing a climate-friendly proxy proposal could inspire more public companies to sue to avoid adopting ESG resolutions — a power move that would chill activist investor participation and unbalance shareholder-corporate relations, say Domenico Minerva and James Fee at Labaton Keller.

  • Texas Ruling Clarifies That Bankruptcy Shields LLC Rights

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    A Texas bankruptcy court’s recent ruling in In re: Envision makes it clear that the Bankruptcy Code preempts a section of Delaware state law that terminates a member’s interest in an LLC upon a bankruptcy filing, clarifying conflicting case law, say Larry Halperin and Joon Hong at Chapman and Cutler.

  • 3 Principles For Minimizing The Risk Of A Nuclear Verdict

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    In one of the latest examples of so-called nuclear verdicts, a single plaintiff was awarded $2.25 billion in a jury trial against Monsanto — revealing the need for defense attorneys to prioritize trust, connection and simplicity when communicating with modern juries, say Jenny Hergenrother and Mia Falzarano at Alston & Bird.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • Freight Forwarders And Common Carriers: Know Your Cargo

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    Freight forwarders and other nonprincipal parties involved in global cargo movement should follow the guidance in the multi-agency know-your-cargo compliance note to avoid enforcement actions should they fail to spot evasive tactics used in supply chains to circumvent U.S. sanctions and export controls, say attorneys at Venable.

  • SG's Office Is Case Study To Help Close Legal Gender Gap

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    As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

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