General Motors Co. is among the latest targets of new bylaw-focused litigation from Abbott Cooper PLLC and Block & Leviton LLP, one of five companies in a series of lawsuits in Delaware's Chancery Court that seek to invalidate an "irrevocable resignation requirement" in company bylaws.
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TOP NEWS

Resignation Letter Bylaws Targeted In Five Del. Class Actions

By Leslie A. Pappas

General Motors Co. is among the latest targets of new bylaw-focused litigation from Abbott Cooper PLLC and Block & Leviton LLP, one of five companies in a series of lawsuits in Delaware's Chancery Court that seek to invalidate an "irrevocable resignation requirement" in company bylaws.

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'New' Facts Don't Permit Do-Over, Kraft-Heinz Tells Chancery

By Leslie A. Pappas

An institutional shareholder of The Kraft-Heinz Co. is not entitled to a "do-over" on an insider trading lawsuit that Delaware's Court of Chancery dismissed in 2021 because the supposed "new evidence" it offers isn't actually new and wouldn't have made any difference in the case, the company said Thursday.

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FTX Judge Declines To Undo Ch. 11 Digital Claim Estimation

By Vince Sullivan

The judge overseeing the Chapter 11 case of cryptocurrency exchange FTX Trading Ltd. on Thursday denied a request to vacate an earlier ruling allowing the debtor to estimate the claims of creditors holding digital assets based on their petition date value, saying the party seeking to undo the order had not provided any new evidence to justify the action.

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POLICY & REGULATION

22 States Seek To Defend EPA Heavy-Duty Truck GHG Rule

By Madeline Lyskawa

A coalition of 22 Democrat-led states and four cities moved to intervene on Thursday in defense of the U.S. Environmental Protection Agency's final rule establishing greenhouse gas emission standards for heavy-duty vehicles, arguing that vacating the rule would lead to direct injuries to state lands and resources.

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BANKRUPTCY

J&J Loses Expedited Bid For Beasley Allen Docs In Talc MDL

By Rose Krebs

Johnson & Johnson has lost its bid in New Jersey federal court to have the Beasley Allen Law Firm quickly produce documents related to what J&J said seems to be an "intentional effort" by the firm to "bias the vote" against a proposed $6.5 billion reorganization plan for its talc subsidiary.

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INTELLECTUAL PROPERTY

VW And Porsche Largely Invalidate Headlight Patent At PTAB

By Adam Lidgett

The Patent Trial and Appeal Board has invalidated the vast majority of an Israeli inventor's patent covering adaptive headlights challenged by Volkswagen and Porsche, finding all but three challenged claims were obvious.

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DISTRICT COURT

Whirlpool Aims To Sink Fridge Wiring Defect Claims

By Mike Curley

Whirlpool Corp. is asking a Delaware federal court to throw out claims in a consolidated class action alleging it sold refrigerators with defective wiring, saying the complaint fails to show it had any knowledge of the defect.

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EXPERT ANALYSIS

Key Lessons From Recent Insurance Policy Reform Litigation

A review of recent case law reveals the wide range of misunderstandings that may arise between insurers and policyholders in the purchase and renewal of insurance policies, as well as the utility — and the limits — of reformation and related remedies for these misunderstandings, say Jad Khazem and Seth Tucker at Covington.

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Patent Lessons From 4 Federal Circuit Reversals In April

Four Federal Circuit decisions in April that reversed or vacated underlying rulings provide a number of takeaways, including that obviousness analysis requires a flexible approach, that an invalidity issue of an expired patent can be moot, and more, say Denise De Mory and Li Guo at Bunsow De Mory.

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The State Of Play In DEI And ESG 1 Year After Harvard Ruling

Almost a year after the U.S. Supreme Court decided Students for Fair Admissions v. Harvard, attorney general scrutiny of environmental, social and governance-related efforts indicates a potential path for corporate diversity, equity and inclusion initiatives to be targeted, say attorneys at Crowell & Moring.

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2nd Circ. Ruling Affirms NY Law's Creditor-Friendly Approach

The Second Circuit’s recent ruling in 245 Park Member v. HNA International provides creditors with some reason for optimism that debtors in New York may face rejection in court for aiming to keep creditors at arm’s length by transferring personal assets into an LLC, says Jeff Newton at Omni Bridgeway.

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LEGAL INDUSTRY

Analysis

Biden's Judicial Impact And What's Left On The Wish List

By Courtney Bublé

President Joe Biden secured confirmation of his 200th federal judge Wednesday and has transformed the judiciary by picking more women and people of color than any other president. But the upcoming election season could derail his hopes of confirming many more judges.

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Meet Biden's Latest Pennsylvania Picks For District Court

By P.J. D'Annunzio & Matthew Santoni

President Joe Biden has continued his trend of nominating public defenders to the federal bench, this time selecting two longtime defense attorneys to occupy vacancies in Pennsylvania.

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DOJ's Live Nation-Ticketmaster Suit: What You Should Know

The U.S. Department of Justice and a slew of state attorneys general filed a suit challenging the 2010 merger of Ticketmaster and Live Nation. Here, catch up on Law360's coverage of the deal and those who have challenged it along the way – Taylor Swift fans, investors and regulators.

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Exiled Chinese Businessman Is No $1B Fraudster, Jury Told

By Stewart Bishop

Exiled Chinese businessman and purported billionaire Guo Wengui ran legitimate companies in support of a broad movement that opposed the Chinese Communist Party, his attorney told a Manhattan federal jury Friday, rather than what prosecutors say was a multifaceted $1 billion fraud.

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Menendez, Kasowitz Firm Spar Over Subpoena To Cooperator

By Elliot Weld

Amid his bribery trial, U.S. Sen. Robert Menendez of New Jersey is urging a Manhattan federal judge to order a government cooperator to turn over communications involving his current counsel at Kasowitz Benson Torres LLP and his former attorneys.

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McElroy Deutsch Seeks Win Against Ex-CFO After Guilty Plea

By Rose Krebs

McElroy Deutsch Mulvaney & Carpenter LLP is urging a New Jersey state court to order its former chief financial officer to pay roughly $1.5 million damages for "unauthorized compensation" he paid himself and force him to disgorge $5.4 million in pay he received from the firm.

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Ex-DOJ Atty Clark Says He Was Denied A Fair Ethics Hearing

By Alison Knezevich

Former Justice Department official Jeffrey Clark was denied a fair hearing in his Washington, D.C., ethics case and should not face punishment, he told an attorney disciplinary committee in a Thursday filing.

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GC Cheat Sheet: The Hottest Corporate News Of The Week

By Sue Reisinger

Antitrust law took center stage this week as college general counsel try to figure out the what and how of paying student athletes under a new court ruling, and the U.S. Department of Justice is trying to break up the entertainment venue dominance of Live Nation and Ticketmaster.

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UK Litigation Roundup: Here's What You Missed In London

By Max Austin

This past week in London has seen an IT engineer seek permission to search a landfill hiding a hard drive supposedly storing millions of pounds in bitcoin, Glencore take on legal action by American Century Investments, gold payment app Glint bring a breach of duty claim against FRP Advisory, and an ongoing dispute between a solicitor and the Solicitors Regulation Authority. Here, Law360 looks at these and other new claims in the U.K.

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In Case You Missed It: Hottest Firms And Stories On Law360

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.

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Using A Children's Book Approach In Firm Marketing Content

From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

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LAW FIRMS IN TODAY'S NEWS

Abbott Cooper PLLC

Beasley Allen

Block & Leviton

Bragar Eagel

Brooks Kushman

Bunsow De Mory

Burnham & Gorokhov

Caldwell Carlson

Chimicles Schwartz

Clifford Chance

Clyde & Co

Covington & Burling

Crowell & Moring

DWF LLP

Dalton & Associates PA

Davidoff Hutcher

Davis Polk

Duane Morris

Eversheds Sutherland

Faegre Drinker

Fieldfisher

Fish & Richardson

Fox Rothschild

Fox Williams

Friedlander & Gorris

Gateley PLC

Gellert Scali

Greenberg Traurig

Hamlins LLP

Harris St. Laurent

Haug Partners

Hill Dickinson

Holland & Knight

Horwich Farrelly

Howes Percival

JMW Solicitors LLP

Jones Day

Kasowitz Benson

KaurMaxwell

Kirkland & Ellis

Landis Rath

Latham & Watkins

Levin Sedran

Marino Tortorella

McDonald & MacGregor

McElroy Deutsch

McKool Smith

Michael Best & Friedrich LLP

Migliaccio & Rathod

Pallas Partners

Paul Hastings

Paul Weiss

Penningtons Manches

Poole Huffman

Potter Anderson

Potter Clarkson

Pryor Cashman

Quinn Emanuel

Reed Smith

Robert Peirce & Associates

Rosen Hagood

Saporito Falcone

Skadden Arps

Spencer Fane

Sterne Kessler

Sullivan & Cromwell

Welsh & Recker

Wheeler Trigg

Wilkin Chapman

Williams & Connolly

Winston & Strawn

deLeeuw Law

COMPANIES IN TODAY'S NEWS

3G Capital

AXA SA

AXA XL Ltd.

Academy Sports & Outdoors Inc.

Alcoa Corp.

American International Group Inc.

Atlantic Global Insurance Services

Avolon Holdings Ltd.

Bayerische Motoren Werke AG

BlackRock Inc.

Boehringer Ingelheim

Boehringer Ingelheim Vetmedica Inc.

British Broadcasting Corp.

Cincinnati Financial Corp.

Defender Association of Philadelphia

Deloitte Touche Tohmatsu Ltd.

EMCOR Group Inc.

Edison Electric Institute Inc.

Evolent Health Inc.

Ferrari SpA

Ford Motor Co.

Fordham University

GXO Logistics Inc.

General Dynamics Corp.

General Motors Co.

Glencore PLC

HSBC Holdings PLC

Icertis Inc.

Idaho Power Company

Integrys Energy Group Inc.

International Brotherhood of Boilermakers Iron Ship Builders Blacksmiths Forgers & Helpers

International Brotherhood of Electrical Workers

Johnson & Johnson

Jubilee Holdings Ltd.

Knife River Corp.

Live Nation Entertainment Inc.

Major Lindsey & Africa LLC

Mediterranean Shipping Co. SA

Mercedes-Benz USA LLC

MilliporeSigma

Mitsui Sumitomo Insurance Co. Ltd.

Mondelez International Inc.

NASDAQ Inc.

NBCUniversal Media LLC

National Collegiate Athletic Association

National Mining Association

National Rural Electric Cooperative Association

Netflix Inc.

New Jersey Transit Corp.

Norfolk Southern Corp.

Omni Bridgeway Ltd.

Pac-12 Enterprises LLC

Paysafe Group PLC

Pegasus Capital Advisors LP

Peloton Interactive Inc.

PetroChina Company Limited

Polycom Inc.

Porsche

QBE Insurance Group Ltd.

ROC Nation LLC

SentinelOne Inc.

Solicitors Regulation Authority Ltd.

Space Exploration Technologies Corp.

Sumitomo Pharma Co. Ltd.

Swissport International Ltd.

Tesla Inc.

Teva Pharmaceutical Industries Ltd.

Texas Public Policy Foundation

The District of Columbia Bar

The New York Times Co.

United Mine Workers of America

University of Virginia

Volkswagen AG

Wells Fargo & Co.

Whirlpool Corp.

Zuora Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

Companies House

Delaware Court of Chancery

Equal Employment Opportunity Commission

European Commission

European Union

Federal Bureau of Investigation

National Labor Relations Board

U.S. Attorney's Office for the Southern District of New York

U.S. Bankruptcy Court for the District of Delaware

U.S. Court of Appeals for the District of Columbia Circuit

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Second Circuit

U.S. Department of Commerce

U.S. Department of Justice

U.S. District Court for the District of Columbia

U.S. District Court for the District of Delaware

U.S. District Court for the District of Maryland

U.S. District Court for the District of New Jersey

U.S. District Court for the Eastern District of California

U.S. District Court for the Eastern District of New York

U.S. District Court for the Eastern District of Pennsylvania

U.S. District Court for the Eastern District of Tennessee

U.S. District Court for the Middle District of Pennsylvania

U.S. District Court for the Northern District of California

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Louisiana

U.S. Environmental Protection Agency

U.S. Patent and Trademark Office

U.S. Securities and Exchange Commission

U.S. Supreme Court

World Intellectual Property Organization