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December 13, 2024
Del. Chancellor Positions Musk Pay Fight For Likely Appeal
Delaware's chancellor positioned for likely appeals late Friday final pieces of a landmark six-year battle over Tesla Inc.'s attempt to award CEO Elon Musk a more than $55 billion, 10-year pay package, in a trio of orders that also directed the company to pay in cash or post sufficient bond for a $345 million stockholder attorney fee.
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December 13, 2024
SEC's Corporation Finance Director Gerding To Step Down
The U.S. Securities and Exchange Commission announced Friday that the head of its Division of Corporation Finance, who oversaw the finalization of controversial new rules covering environmental disclosures and share repurchases, will leave the agency at the end of the year.
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December 13, 2024
DC Circ. Declines To Disturb Law That Could Ban TikTok
The D.C. Circuit on Friday rejected TikTok's request for a preliminary injunction delaying implementation of a law requiring the app to split with its Chinese parent company ByteDance Ltd. or face a nationwide ban, saying that TikTok wants to block "the enforcement of a presumptively valid act of Congress."
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December 13, 2024
Employment Authority: 2024's Wage And Hour Curveballs
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with a look at major wage and hour developments including President elect-Donald Trump's no tax on tips proposal, why experts say the National Labor Relations Board's recent precedent shift about unilateral changes is unlikely to stick around and a review of five rulings in 2024 with notable interpretations of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act.
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December 13, 2024
Pharma Co. Brass Face Investor Suit Over Drug Trial Probe
Officers and directors of cancer treatment developer MacroGenics Inc. have been hit with a shareholder derivative action alleging they breached their fiduciary duties after the company announced three study participant deaths were being probed for a potential connection to the company's therapies.
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December 13, 2024
$15M Deal To End Hemisphere Media Merger Suit OK'd In Del.
Former public stockholders of Hemisphere Media Group Inc. secured a $15 million Delaware Court of Chancery settlement Friday for claims that former controlling investor Searchlight Capital Partners LP took the media business private in a two-step deal that undervalued the company's remaining shares.
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December 13, 2024
Auto Mogul Must Turn Over Note Info In $127M Collection Row
An auto mogul, his living trust and one of his companies must turn over documents related to a $20 million payment on promissory notes as part of marathon litigation related to Alter Domus LLC's attempts to collect on a $127 million judgment, a Michigan federal judge has ruled.
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December 13, 2024
Duke Energy Accused Of Negligence Ahead Of Data Breach
Duke Energy Carolinas LLC failed to protect sensitive personal information ahead of a data breach in May, and now its current and former customers are at risk of identity theft and tax fraud, according to a proposed federal class action.
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December 13, 2024
EPA Mandates More Worker Safety For Carbon Tetrachloride
The U.S. Environmental Protection Agency finalized a rule this week on carbon tetrachloride exposure, requiring "robust" employee safety planning on worksites but continuing to allow for its use as a feedstock for refrigerants.
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December 13, 2024
J&J Unit Deemed Family Duties A 'Distraction,' Suit Says
A prosthetics company owned by Johnson & Johnson said an employee returning from parental leave had "distractions outside of work" as it gave him negative performance reviews before firing him, according to a suit filed in Massachusetts federal court Friday.
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December 13, 2024
ByteDance Ex-Coder Perjured Himself In Suit, Judge Finds
A California federal judge imposed terminating sanctions against a former engineer at TikTok's parent company, finding he committed perjury in a suit alleging he was wrongly fired and ordered the dispute to arbitration.
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December 13, 2024
GC Cheat Sheet: The Hottest Corporate News Of The Week
Albertsons and its general counsel claim Kroger did not try hard enough to keep their proposed merger from being blocked by the courts, and a new survey says tight budgets are forcing in-house counsel to increasingly turn to artificial intelligence tools for help.
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December 13, 2024
Calif.'s 1st-Ever Willful Heat Penalty Issued To Landscaper
The California Division of Occupational Safety and Health has levied its first-ever willful heat violation penalty against a landscaping and maintenance business for failing to provide workers with access to water when the temperature exceeded 95 degrees Fahrenheit, two years after it cited the company for similar heat-related safety violations.
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December 13, 2024
Mass. Cannabis Biz Gets Receiver Amid $10M In Debt
A Massachusetts judge on Friday agreed to appoint a receiver to oversee either a sale or liquidation of cannabis grower and retailer Revolutionary Clinics, which owes nearly $10 million to its primary lender and thousands more to landlords and other creditors.
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December 13, 2024
Justices To Decide If Industry Can Test Calif. Auto Waiver
The U.S. Supreme Court on Friday granted fossil fuel industry groups' request to review a decision backing the U.S. Environmental Protection Agency's Clean Air Act waiver that allows California to set its own greenhouse gas emissions standards for vehicles and run a zero-emission vehicles program, but the justices won't consider the legality of the waiver itself.
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December 13, 2024
Trump Rips DA's 'Dark Dream' To Legally Treat Him As Dead
Donald Trump's attorneys Friday slammed a proposal by the Manhattan district attorney to preserve the president-elect's hush money conviction by treating him like a defendant who dies after a verdict, pushing the judge to dismiss the case altogether.
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December 13, 2024
UnitedHealth To Pay $69M In Suit Over 401(k) Fund Roster
UnitedHealth Group has agreed to pay $69 million to settle a class action claiming it included low-performing investment options in its 401(k) plan to preserve its business relationship with Wells Fargo, according to a filing Friday in Minnesota federal court.
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December 13, 2024
McKinsey To Pay $650M For Work With Opioid Maker Purdue
Consulting giant McKinsey & Co. will pay $650 million to resolve charges related to its work helping Purdue Pharma market and boost sales of OxyContin, federal prosecutors announced Friday.
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December 12, 2024
North Koreans Infiltrated US IT Jobs In $88M Scheme, Feds Say
Fourteen North Koreans have been indicted in Missouri federal court on charges related to a long-running scheme to obtain remote information technology jobs at U.S. companies and nonprofit organizations, raking in at least $88 million for the regime, the U.S. Department of Justice announced Thursday.
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December 12, 2024
WGA Urges Major Studios To Take Legal Action Over AI 'Theft'
The Writers Guild of America on Wednesday called on several major entertainment studios to swiftly take legal action against technology companies they assert are stealing writers' works to train artificial intelligence systems and making billions of dollars from the "wholesale theft."
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December 12, 2024
Cantor Fitzgerald To Pay SEC $6.75M Over SPAC Disclosures
Cantor Fitzgerald on Thursday agreed to pay a $6.75 million penalty to the U.S. Securities and Exchange Commission to resolve claims that it caused two special purpose acquisition companies that it controls to make misleading statements to investors ahead of the SPACs' initial public offerings.
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December 12, 2024
Vidal Reflects On USPTO Achievements As She Leaves Office
Kathi Vidal will serve her last day as U.S. Patent and Trademark Office director on Friday and rejoin her former firm, Winston & Strawn LLP, on Monday. She talked to Law360 as she prepared her exit from the agency, with internal changes top of mind as she looked back on her tenure.
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December 12, 2024
Align Tech's $27.5M Antitrust Deal Hits Nerve With Judge
A California federal judge said Thursday that a proposed $27.5 million deal for teeth-aligner buyers to resolve antitrust claims alleging Align Technologies Inc. colluded with the now-bankrupt SmileDirectClub to illegally restrict competition might be "inherently improper" due to a coupon component that "would bring additional business to the monopolist."
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December 12, 2024
Keller Postman Sues Jenner & Block In Escalating Tubi Fight
Keller Postman LLC added a new front Wednesday to its heated legal fight with Jenner & Block LLP, filing a California state court lawsuit accusing the BigLaw firm of employing a host of unethical tactics to gain leverage in mass arbitration against the streaming service Tubi.
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December 12, 2024
DOJ Seizes Rydox Cybercrime Site, Charges Administrators
A Pennsylvania federal judge on Thursday unsealed an indictment charging two Kosovo citizens who ran the illicit website Rydox with multiple criminal counts after the U.S. government seized the website, which has been used by cybercriminals to buy and sell thousands of Americans' personal information and dating profiles.
Expert Analysis
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Pa. Ruling Highlights Challenges Of Employer Arb. Appeals
A Pennsylvania federal court's recent ruling in Welch Foods v. General Teamsters Local Union No. 397 demonstrates the inherent difficulties employers face when seeking relief from labor arbitration decisions through appeals in court — and underscores how employers are faced with often conflicting legal priorities, says Daniel Johns at Cozen O'Connor.
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How Boards And Officers Should Prep For New Trump Admin
In anticipation of President-elect Donald Trump's proposed tariffs and mass deportation campaign, company officers and board members should pursue proactive, comprehensive contingency planning to not only advance the best interests of the companies they serve, but to also properly exercise their fiduciary duty of care, say attorneys at Winston & Strawn.
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California Supreme Court's Year In Review
Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule.
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3 Changes Community Banks Should Expect Under Trump
A second Trump administration promises a sea change for regional and community banks, including shifts in the regulatory environment, Community Reinvestment Act rules and the M&A landscape, say attorneys at Manatt.
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Navigating 4th Circ.'s Antitrust Burden In Hybrid Relationships
The U.S. Supreme Court recently declined to review the Fourth Circuit's Brewbaker decision, a holding that heightens the burden on antitrust prosecutors when the target companies have a hybrid horizontal-vertical relationship, but diverges from other circuits, say attorneys at Troutman Pepper.
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The Challenges Of Abandoned Retirement Plans In Ch. 7
The Department of Labor's rule for unwinding retirement accounts when plan sponsors file for Chapter 7 bankruptcy was intended to alleviate trustees' administration issues, but practical challenges, like unresolved fee and identification matters, could hinder its implementation, say David Goodrich at Golden Goodrich and Nancy Simons at Stretto.
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How CFIUS' Updated Framework Affects Global Investors
The recent change to the monitoring and enforcement regulations governing the Committee on Foreign Investment in the United States will broaden administrative practices around nonnotified transaction investigations, increase the scope of information demands from the committee and accelerate its ability to impose mitigation on parties, say attorneys at Simpson Thacher.
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Opinion
FTC Actions In Oil Cases Go Against Its Own Rulemaking
Two recent Federal Trade Commission actions concerning the oil and gas industry appear to defy its own merger guidelines, with allegations that fall far short of the commission's own standard — raising serious questions about the agency's current approach, say attorneys at Clifford Chance.
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Best Practices For Effective Employee Assistance Programs
Employee assistance programs can be a powerful tool for establishing health and wellness initiatives in workplaces, and certain implementation steps can help both employers and workers gain maximum benefit from EAPs, say attorneys at Foley & Lardner.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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How Crypto Cos. Can Take Advantage Of 'Mini-IPOs'
Against the backdrop of U.S. Securities and Exchange Commission enforcement in the crypto space, mini-initial public offerings, with less burdensome requirements than full registration, can serve as an alternative way for token issuers to raise funds, say attorneys at O'Melveny.
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Trump Patent Policy May Be Headed In Unexpected Direction
While commentators have assumed that the patent policy of President-elect Donald Trump's second administration will largely mirror the pro-patent policy of his first, these predictions fail to take into account the likely oversized influence of Elon Musk, says Jorge Contreras at the University of Utah.
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What Trump's Next Term May Mean For Biz Immigration
Leonard D'Arrigo at Harris Beach discusses the employment-based immigration policies businesses can potentially expect during President-elect Donald Trump’s second term, based on policies enacted during his first administration, statements made during his campaign and proposals in Project 2025.
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Nvidia Supreme Court Case May Not Make Big Splash
The skeptical tenor of the justices' questioning at oral argument in Nvidia v. Ohman Fonder suggests that the case is unlikely to alter the motion to dismiss pleading standard in securities class actions, as some had feared, say attorneys at WilmerHale.
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Lessons From EEOC Case Of Fla. Worker Fired After Stillbirth
A recent federal court settlement between a Florida resort and a fired line cook shows that the U.S. Equal Opportunity Employment Commission sees stillbirth as protected under the Pregnant Workers Fairness Act, also providing four other important lessons, says Gordon Berger at Pierson Ferdinand.