Corporate

  • April 16, 2024

    DOL Finalizes Rule To Curb Miners' Exposure To Silica Dust

    A U.S. Department of Labor agency released final regulations Tuesday that tighten limits on miners' exposure to workplace silica dust, a toxic substance that increases the risk of death and chronic health conditions.

  • April 15, 2024

    Taro Inks $36M Investor Deal Over Generics Price-Fixing

    Taro Pharmaceutical Industries shareholders asked a New York federal judge Monday to greenlight a $36 million settlement resolving proposed class claims that the company misled investors about alleged generic drug price-fixing that led to a drop in stock price upon news of a U.S. Department of Justice antitrust investigation.

  • April 15, 2024

    Trump Media Files To Register More Shares For Potential Sale

    The newly public owner of former President Trump's social media platform Truth Social filed paperwork on Monday to issue an additional 21.5 million shares and register for resale about 146 million existing shares, including a large stake owned by Trump.

  • April 15, 2024

    Resistance To Patent Licenses Drives More Suits, Execs Say

    Companies that generate revenue from patents are seeing less willingness to negotiate in recent years among businesses they approach about potential licenses, requiring more litigation in order to reach agreements, executives from IBM, InterDigital and others said Monday.

  • April 15, 2024

    McDonald's, Workers Battle Over Future Of No-Poach Case

    Workers suing McDonald's over its past use of no-poach provisions in franchise agreements have told an Illinois federal court the fast food chain is trying to slow down the case after the U.S. Supreme Court declined to take up its appeal.

  • April 15, 2024

    'Pig Butchering' Scams' Human Toll Has Experts Alarmed

    Financial institutions, cryptocurrency exchanges and social media companies need to do more to stem a growing tide of so-called pig butchering scams, which experts at the OffshoreAlert Conference in Miami said Monday are wreaking havoc on victims while funding a large human trafficking operation.

  • April 15, 2024

    Justices Leave Lower Courts To Parse Corporate 'Half-Truths'

    A recent U.S. Supreme Court ruling that corporate silence isn't enough to form the basis of a securities fraud suit pointedly declined to wade into the question of what counts as a "half-truth," leaving it to lower courts to wrestle with which corporate statements are blurry enough to sustain a shareholder class action.

  • April 15, 2024

    Mich. High Court To Hear Siblings' Ski Share Valuation Fight

    A sibling feud between the CEO of a family-run ski resort company and his sister, a minority shareholder, will get a hearing in front of the Michigan Supreme Court after the justices agreed to look at whether the company honored an agreement for redemption of shares in the family company.

  • April 15, 2024

    Tesla Workers' Atty Rips Claim Of Influence Over State Agency

    Counsel representing a putative class of roughly 6,000 Black Tesla workers alleging the automaker has allowed racism to run rampant at its California factory fired back during a class certification hearing Monday, calling Tesla's suggestion that plaintiffs counsel are driving the state's civil-rights litigation "beyond preposterous."

  • April 15, 2024

    MGM Slams FTC Probe After Cyberattack During Khan Visit

    MGM Resorts International on Monday accused the Federal Trade Commission of launching an "unconstitutional" investigation into its data protection practices after FTC Chair Lina Khan stayed at an MGM hotel in Las Vegas during a major cyberattack last year, according to a suit filed in D.C. federal court.

  • April 15, 2024

    Exxon Seeks $1.8B Tax Refund As Qatar Deal Trial Opens

    Exxon Mobil Corp. argued Monday in Texas federal court that its deal with Qatar to extract natural gas from the country's coast was a partnership, rather than a lease agreement, saying at the start of a trial that it's entitled to get $1.8 billion in tax benefits back from the IRS.

  • April 15, 2024

    Hytera Still Not Doing All It Can To Stop Fine, Motorola Says

    Hytera Communications has continued to drag its feet as it tries to lift the sanctions against it for participating in Chinese litigation against a court order, Motorola Solutions told the Seventh Circuit, arguing that a district court judge's daily status hearings ensure Hytera is being compelled to comply without being punished.

  • April 15, 2024

    Solar Power Co. Accuses Ex-Insider Of Building, Selling Rival

    Delaware-chartered solar energy venture Volt Energy Utility LLC has sued a former top officer in Chancery Court, alleging that while employed by Volt, she secretly launched a competing company, contacted Volt's lenders and customers and then sold the new business to a wholly owned subsidiary of Tokyo Gas Co. Ltd. for $216 million.

  • April 15, 2024

    Model Bella Hadid Settles Photog's IP Suit Over Instagram Pic

    A New York federal judge Monday dismissed a photographer's suit accusing Bella Hadid of copyright infringement over an image the supermodel republished onto her Instagram account four years ago after the photographer advised the court they've reached a settlement in principle with Hadid.

  • April 15, 2024

    Apple Faces Two Suits Over IPhone Market Dominance

    Apple has been hit with a pair of suits alleging it has unfairly stifled competition in the smartphone market and that its practices and iPhone sales have violated federal securities and antitrust laws.

  • April 15, 2024

    Apple Defends Anti-Steering Rule Compliance In Epic Case

    Apple told a California federal court it has fully complied with an order barring anti-steering rules in its App Store and said complaints from Epic Games, Microsoft and others about its compliance are just efforts by the companies to pad their own profits.

  • April 15, 2024

    Meta, FTC Pause Constitutionality Fight For High Court Ruling

    Meta and the Federal Trade Commission agreed Monday to pause Meta's challenge of FTC changes to a 2020 settlement over user privacy until the U.S. Supreme Court issues a ruling on a similar case involving the U.S. Securities and Exchange Commission.

  • April 15, 2024

    Catching Up With Delaware's Chancery Court

    Last week, Delaware justices mulled whether one Chancery Court vice chancellor properly voided four company bylaws — just as another vice chancellor voided one more. Fights among Truth Social investors continued, and shareholders launched new cases involving Macy's, United Airlines, and Clayton Dubilier & Rice LLC and Stone Point Capital LLC.

  • April 15, 2024

    Endeavor Group's $13B Take-Private Deal Challenged In Del.

    A Swedish bank has sued to block a $13 billion take-private sale of sports and entertainment conglomerate Endeavor Group Holdings Inc., branding the deal a prohibited minority stockholder squeeze-out tilted heavily toward large investors and insiders, including controller and global private equity firm Silver Lake.

  • April 15, 2024

    Ex-Medical Co. GC's Suit Against Loeb & Loeb Gets Trimmed

    A Colorado federal court has narrowed a lawsuit by a former medical device company's in-house attorney against Loeb & Loeb LLP and an ex-firm attorney for pursuing claims on behalf of the business alleging that he stole its trade secrets.

  • April 15, 2024

    Republican AGs Ask 5th Circ. To Knock Out DOL Rule For ESG

    A group of Republican-led states have urged the Fifth Circuit to scrap a U.S. Department of Labor rule allowing retirement advisers to consider social and political issues when choosing investments, arguing that the agency is flouting protections set in stone by federal benefits law.

  • April 15, 2024

    Attys In Google Maps Case Chided For Wordy Footnotes

    A California federal judge has flagged attorneys representing Google Maps customers in an antitrust action for submitting a filing with "numerous excessively long footnotes," and threatening sanctions if they don't provide a reasonable explanation to the court.

  • April 15, 2024

    Google Says Worker Fired Over Threats, Not Bipolar Disorder

    Google told a California federal court it should toss a lawsuit alleging the tech giant fired an employee because he took medical leave due to his bipolar disorder, arguing he was let go because of threatening emails he sent rather than his mental illness.

  • April 15, 2024

    Microsoft, Walmart CLOs Recognized For Integrity, Creativity

    The legal chiefs at Microsoft and Walmart are among about a dozen leading corporate lawyers who soon will be recognized at the Burton Awards as "Legends in Law" for their track records of addressing complex matters and creativity in solving challenges.

  • April 15, 2024

    Pittsburgh University Associate GC Returns To Littler

    Littler Mendelson PC has rehired a former associate, who left the firm to join her alma mater as its associate general counsel more than a decade ago, the firm announced Monday.

Expert Analysis

  • Stay Interviews Are Key To Retaining Legal Talent

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    Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.

  • Antitrust Ruling Shows Limits Of US Law's Global Reach

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    Antitrust plaintiffs often cite the legislative history of the Foreign Trade Antitrust Improvements Act to support application of U.S. antitrust law to alleged injuries abroad, but as a California federal court recognized recently in Figaro v. Apple, the cited history does no such thing, say Daniel Swanson and Eli Lazarus at Gibson Dunn.

  • New Concerns, Same Tune At This Year's SIFMA Conference

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    At this year's Securities Industry and Financial Markets Association conference on legal developments affecting the financial services industry, government regulators’ emphasis on whistleblowing and AI washing represented a new refrain in an increasingly familiar chorus calling for prompt and thorough corporate cooperation, say attorneys at Fried Frank.

  • 8 Tips As GCs Prep For New SEC Climate Disclosure Rules

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    The U.S. Securities and Exchange Commission's recently adopted rules governing climate-related disclosures represent a major change to the existing public company disclosure regime, so in-house counsel should begin to evaluate existing systems and resources related to emissions data, and identify the changes that will need to be made, say attorneys at Bracewell.

  • An Overview Of Key Financing Documents In Venture Capital

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    The Delaware Chancery Court’s recent Moelis decision highlights the importance of structuring corporate governance around investor demand, meaning early-stage companies seeking venture funding through sales of preferred stock should understand the legal documents needed to do so successfully, say Daniel Bell-Garcia and Tristan Kaisharis at Winstead.

  • Ready Or Not, Big Tech Should Expect CFPB Surveillance

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    In light of the Consumer Financial Protection Bureau's proposed plan to supervise large companies providing the vast majority of digital money transfers, not only will Big Tech have to prepare for regulation previously reserved for traditional banks, but the CFPB will also likely face some difficult decisions and obstacles, says Meredith Osborn at Arnold & Porter.

  • Series

    Spray Painting Makes Me A Better Lawyer

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    My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.

  • DOJ's Safe Harbor Policy May Quietly Favor M&A Enforcement

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    In a change that has received little attention, the U.S. Justice Department's recently codified safe harbor policy essentially reads the Antitrust Division's criminal enforcement out of the policy entirely, and now appears to favor merger enforcement in antitrust, rather than criminal enforcement, as originally intended, say Daniel Oakes and James Attridge at Axinn.

  • Examining The Arbitration Clause Landscape Amid Risks

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    Amid a new wave of mass arbitrations, recent developments in the courts and from the American Arbitration Association suggest that companies should improve arbitration clause drafting to protect themselves against big-ticket settlements and avoid major potential liability, say attorneys at Benesch.

  • Takeaways From The 2023 DOJ Fraud Section Report

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    Attorneys at Wiley discuss notable trends from the U.S. Department of Justice's recently reported Fraud Section activity last year and highlight areas of enforcement to watch for in the future, including healthcare fraud and Foreign Corrupt Practices Act violations.

  • 2nd Circ. Baby Food Ruling Disregards FDA's Expertise

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    The Second Circuit's recent decision in White v. Beech-Nut Nutrition, refusing to defer litigation over heavy metals in baby food until the U.S. Food and Drug Administration weighs in on the issue, provides no indication that courts will resolve the issue with greater efficiency than the FDA, say attorneys at Phillips Lytle.

  • Past CCPA Enforcement Sets Path For Compliance Efforts

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    The California Privacy Protection Agency and the California Attorney General's Office haven't skipped a beat in investigating potential noncompliance with the California Consumer Privacy Act, and six broad issues will continue to dominate the enforcement landscape and inform compliance strategy, say attorneys at Reed Smith.

  • Where 9th Circ. Lowe's Ruling Leaves PAGA Jurisprudence

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    Leah Kennedy and Carolyn Wheeler at Katz Banks discuss the legal landscape and controlling precedent around the Private Attorneys General Act that led to the Ninth Circuit's Johnson v. Lowe's decision last month on individual PAGA wage claims, and explore the open questions that it leaves.

  • Why Oncology Deal Making Continues To Fuel Biotech M&A

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    The biotech sector's potential for advancements in cancer care continues to attract deal-maker interest, and the keys to successful mergers and acquisitions include the ability to integrate innovative therapies, leverage technological advancements and respond to the dynamic needs of patients, say Bryan Luchs and Mike Weir at White & Case.

  • 5 Issues To Consider When Liquidating Through An ABC

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    Assignments for the benefit of creditors continue to grow in popularity as a tool for an orderly wind-down, and companies should be considering a number of issues before effectuating the assignment, including in which state it should occur, obtaining tail coverage and preparing a board creditor mailing list, says Evelyn Meltzer at Troutman Pepper.

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