Corporate

  • October 30, 2024

    Crypto Platform Founder Pleads Guilty To Illegal Wash Trading

    The founder of cryptocurrency market-making platform MyTrade pled guilty in Massachusetts federal court Wednesday to orchestrating millions of dollars worth of daily wash trades to illegally inflate the prices of digital tokens.

  • October 30, 2024

    3M Says Excess Insurers Must Cover PFAS Claims

    Manufacturing giant 3M said its excess insurers must cover claims alleging injury and damage because of exposure to so-called forever chemicals in the company's products, telling a Delaware state court that the claims fall squarely within the scope of coverage promised in the policies.

  • October 30, 2024

    Cannabis Fertilizer Co. Can Mostly Bar Rival's IP Theft In Ads

    A Seattle federal judge has curtailed a fertilizer manufacturer's use of a rival's name in marketing its cannabis-focused products, saying he found it "problematic" that the company's messaging suggests using both products in tandem.

  • October 30, 2024

    AIG Tells Del. Justices Texas Medicaid Case 'Steeped In Fraud'

    An attorney for insurers who brought a mid-case appeal in a tangled suit focused on a Texas Medicaid claims processor's battles over its alleged errors and omissions in orthodontia billings told Delaware's Supreme Court Wednesday that the original case was "steeped in fraud" and propped up by negligence claims.

  • October 30, 2024

    4th Circ. Reverses NFL Fans' Win In Railing Collapse Suit

    A dispute over a railing collapse that injured fans at the Washington Commanders' stadium could still end up in arbitration after a Fourth Circuit panel reversed a lower-court decision blocking the team from enforcing the arbitration clause on the fans' game tickets.

  • October 30, 2024

    3rd Circ. Asks If Dodge Charger Suit Is Ripe For Revival

    A Third Circuit panel on Wednesday asked owners of Dodge Charger Hellcats whether now is the right time to revive allegations that Fiat Chrysler Automobiles US LLC sold them muscle cars that fell short of advertised high-performance standards.

  • October 30, 2024

    Siemens Makes $10.6B AI Push With Altair Engineering Buy

    German tech conglomerate Siemens AG has agreed to acquire software company Altair Engineering Inc. for approximately $10.6 billion, in a deal that seeks to bolster its artificial intelligence-powered design and simulation portfolio, the companies said Wednesday.

  • October 30, 2024

    Animal Med Distributor To Pay $1.1M For Lax Opioid Oversight

    Veterinary supplier Covetrus North America will pay $1.125 million to settle allegations that it ignored warning flags on 35 suspicious orders of opioids from a Cape Cod veterinarian's practice and shipped the drugs anyway, the Massachusetts U.S. Attorney's Office announced Wednesday.

  • October 30, 2024

    Polsinelli Continues Philly Growth With 2nd Oct. Hire

    Polsinelli PC grew its recently opened Philadelphia office with the addition of a real estate attorney who returns to private practice after providing in-house counsel for a commercial real estate subsidiary of Blackstone.

  • October 30, 2024

    FTX Witness Who Saw Bankman-Fried's 'Evil' Avoids Prison

    A Manhattan federal judge allowed FTX's former chief engineer to avoid prison Wednesday, crediting his trial testimony against the crypto exchange's founder Sam Bankman-Fried, his ongoing cooperation and his relatively small role in the $11.2 billion fraud.

  • October 30, 2024

    Sheppard Mullin Adds Former NY Health Agency Leader

    Sheppard Mullin Richter & Hampton LLP announced on Wednesday that it has hired a former New York State Department of Health deputy commissioner as a healthcare partner in New York.

  • October 30, 2024

    Hershey's Candy Wrappers Contain PFAS, Spooky Suit Says

    A chocolate lover has sued The Hershey Co. in Pennsylvania federal court just days before Halloween alleging the packaging of its milk chocolate bars and Kisses, Reese's Peanut Butter Cups, Reece's Pieces and KitKat Bars contain dangerous "forever chemicals."

  • October 30, 2024

    Gulfstream Arbitration Notice To Worker Adequate, Court Says

    Jet manufacturer Gulfstream Aerospace's use of a hyperlink to the terms of its arbitration requirement for employee disputes was adequate notice to a worker who later tried to sue, an intermediate Massachusetts appellate court said Wednesday.

  • October 29, 2024

    'In-And-Out' Trades Don't Doom Lead Plaintiff Bid, Judge Says

    A Manhattan federal judge appointed a Pomerantz LLP client as lead plaintiff in a shareholder suit against Nano Nuclear Energy Inc., rejecting arguments that the investor's handful of so-called in-and-out trades in the company's stock should preclude her from representing the proposed class in securities fraud allegations against the company.

  • October 29, 2024

    NY Judge Tosses $14B Decongestant MDL

    A New York federal judge threw out a streamlined complaint in a multidistrict litigation accusing companies such as Target and Bayer of making and selling ineffective over-the-counter decongestants, finding Tuesday the state claims are expressly preempted, and the proposed class lacks standing on a federal racketeering claim as indirect purchasers.

  • October 29, 2024

    Wells Fargo Fights To Ax Suit Over Identify Fraud Accounts

    Wells Fargo urged a California federal judge Tuesday to toss a proposed class action accusing the bank of violating the Fair Credit Report Act by accessing consumers' credit reports after fraudsters applied to open accounts with stolen information, saying Wells Fargo followed industry standards and the alleged damages are "conclusory."

  • October 29, 2024

    BofA Faces Scrutiny Of AML Program, Zelle Payment Handling

    Bank of America Corp. disclosed Tuesday that its anti-money laundering program is a focus of ongoing "discussions" with federal regulators and said it is mulling litigation with the Consumer Financial Protection Bureau over a potential enforcement action related to digital payment network Zelle.

  • October 29, 2024

    NFT Platform OpenSea Taps Consensys Atty To Be Deputy GC

    Blockchain software developer Consensys' head of litigation has departed the firm amid its fight with the U.S. Securities and Exchange Commission to step into a deputy general counsel role at OpenSea, another crypto firm facing scrutiny from the securities regulator.

  • October 29, 2024

    Lovesac To Pay SEC $1.5M Fine In Accounting Fraud Case

    Beanbag chair maker Lovesac has agreed to pay $1.5 million to the U.S. Securities and Exchange Commission to settle allegations that some of the company's former executives conspired to cover up an accounting debacle over how it recorded what's known as last-mile shipping costs.

  • October 29, 2024

    Merger Guides In Fashion As Court Pauses Handbag Deal

    The Federal Trade Commission scored a major win last week with a court order pausing the planned $8.5 billion merger between the owners of Coach and Michael Kors, but the ruling stopped short of fully embracing enforcers' recent attempts to influence merger law.

  • October 29, 2024

    Lye Buyers Can't Save Rejected $38.5M Antitrust Settlement

    A New York federal judge refused Tuesday to change her mind about rejecting a $38.5 million class settlement between direct chemical buyers and three manufacturers accused of colluding to inflate the price of lye.

  • October 29, 2024

    Ex-ComEd GC Calls Madigan's Interest In Law Firm 'Strange'

    A Jenner & Block LLP attorney and former Commonwealth Edison general counsel testified Tuesday that he found it "strange" to read ex-Illinois House Speaker Michael Madigan was interested in the granular details of the utility's negotiations with Chicago law firm Reyes Kurson. Madigan's counsel, however, appeared to suggest a confidant and co-defendant had name-dropped the speaker in 2016 without actually talking to him. 

  • October 29, 2024

    Chancery Shoots Down $9.5M Straight Path Atty Fee Claim

    Stockholder attorneys who waged a multiyear Delaware Court of Chancery battle over IDT Corp. founder Howard Jonas' campaign to scuttle damage claims against him arising from federal sanctions against Straight Path Communications on Tuesday lost a Chancery fight for a $9.5 million attorney fee.

  • October 29, 2024

    McDonald's Catches New Suits Over E. Coli Outbreak

    McDonald's Corp. is facing two new lawsuits over an outbreak of E. coli linked to its Quarter Pounder hamburgers, including a proposed class action filed Tuesday in Illinois federal court accusing the fast-food giant of misrepresenting to customers that its hamburgers were safe to consume.

  • October 29, 2024

    Biopharma Co. Escapes Investor Suit Over Drug Approval Lies

    Biopharmaceutical company Spero Therapeutics Inc. has escaped a proposed investor class action accusing it of concealing warning signs that it would not secure regulatory approval of one of its drugs, with the court ruling that Spero's interactions with the U.S. Food and Drug Administration do not indicate Spero should have known its application would be rejected.

Expert Analysis

  • With Esmark Case, SEC Returns Focus To Tender Offer Rules

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    The U.S. Securities and Exchange Commission's recent enforcement action against Esmark in connection with its failed bid to acquire U.S. Steel indicates the SEC's renewed attention under Rule 14e‑8 of the Exchange Act on offerors' financial resources as a measure of the veracity of their tender offer communications, say attorneys at MoFo.

  • What FDIC Expansion Of Change In Bank Control Could Mean

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    A recent Federal Deposit Insurance Corp. proposal pertaining to the Change in Bank Control Act has the potential to create uncertainty around investments by mutual fund complexes in banking organizations, which represent a stable source of capital for the banking industry, say attorneys at Sullivan & Cromwell.

  • HSR Amendments Intensify Merger Filing Burdens, Data Risk

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    The antitrust agencies' long-awaited changes to premerger notification rules under the Hart-Scott-Rodino Act stand to significantly increase the time and cost involved in preparing an initial HSR notification, and will require more proactive attention to data issues, says Andrew Szwez at FTI Technology.

  • What's Inside Feds' Latest Bank Merger Review Proposals

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    Recent bank merger proposals from a trio of federal agencies highlight the need for banks looking to grow through acquisition to consider several key issues much earlier in the planning process than has historically been necessary, say attorneys at Simpson Thacher.

  • State Of The States' AI Legal Ethics Landscape

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    Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.

  • Cos. Should Focus On State AI Laws Despite New DOL Site

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    Because a new U.S. Department of Labor-sponsored website about the disability discrimination risks of AI hiring tools mostly echoes old guidance, employers should focus on complying with the state and local AI workplace laws springing up where Congress and federal regulators have yet to act, say attorneys at Littler.

  • How Biden Admin Has Used Antitrust Tools, And What's Next

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    The last four years have been marked by an aggressive whole-of-government approach to antitrust enforcement using a broad range of tools, and may result in lasting change regardless of the upcoming presidential election result, say attorneys at Norton Rose.

  • Cos. Face Increasing Risk From Environmental Citizen Suits

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    Environmental citizen suits stepping in to fill the regulatory vacuum concerning consumer goods waste may soon become more common, and the evolving procedural landscape and changes to environmental law may contribute to companies' increased exposure, say J. Michael Showalter and Bradley Rochlen at ArentFox Schiff.

  • How BIS' Rule Seeks To Encourage More Voluntary Disclosure

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    Updated incentives, penalties and enforcement resources in the Bureau of Industry and Security's recently published final rule revising the Export Administration Regulations should help companies decide how to implement export control compliance programs and whether to disclose possible violations, say attorneys at Freshfields.

  • Making Sure Your Co. Isn't In The Next Section 13(f) Sweep

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    Enforcement actions taken against 11 institutional investment managers for alleged failures to file forms required by Section 13(f) of the Securities Exchange Act serve as a reminder that firms should carefully monitor their obligations to avoid becoming the target of the next enforcement sweep, say attorneys at Ropes & Gray.

  • Series

    Florida Banking Brief: All The Notable Legal Updates In Q3

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    With the implementation of H.B. 989, the third quarter of 2024 has been transformative for banking law and regulation in Florida, and this new law places a strong emphasis on fair access to banking, and prohibits ideologically or politically motivated decisions by financial institutions, says Sha’Ron James at Gunster.

  • 11th Circ. Kickback Ruling May Widen Hearsay Exception

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    In a $400 million fraud case, U.S. v. Holland, the Eleventh Circuit recently held that a conspiracy need not have an unlawful object to introduce co-conspirator statements under federal evidence rules, potentially broadening the application of the so-called co-conspirator hearsay exception, say attorneys at ArentFox Schiff.

  • 8 Childhood Lessons That Can Help You Be A Better Attorney

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    A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.

  • Navigating Complex Regulatory Terrain Amid State AG Races

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    This year's 10 attorney general elections could usher in a wave of new enforcement priorities and regulatory uncertainty, but companies can stay ahead of the shifts by building strong relationships with AG offices, participating in industry coalitions and more, say Ketan Bhirud and Dustin McDaniel at Cozen O’Connor.

  • How A Trump Win Might Affect The H-1B Program

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    A review of the Trump administration's attempted overhaul of the H-1B nonimmigrant visa program suggests policies Donald Trump might try to implement if he is reelected, and specific steps employers should consider to prepare for that possibility, says Eileen Lohmann at BAL.

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