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Corporate
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March 11, 2025
Musk Opens Del. Appeal To Recover $56B In Tesla Pay
Elon Musk on Tuesday launched his Delaware Supreme Court appeal aimed at a Court of Chancery decision that had short-circuited the electric car company's 10-year, $55.6 billion compensation plan for the celebrity CEO.
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March 11, 2025
Ex-Mohawk CIO Seeks Lighter Sentence For $1.8M Fraud Plea
Flooring giant Mohawk's former head of information technology pushed back Tuesday on the government's recommendation that he serve 96 months in prison, pay nearly $1 million in restitution and a $150,000 fine for running a third-party vendor scheme that ripped off his employer to the tune of $1.8 million.
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March 11, 2025
USPTO Acting Director To Review Bitcoin, Railway Patents
The U.S. Patent and Trademark Office's current acting director made some of her first moves wading into patent board rulings, deciding last week to take a closer look at two board decisions involving blockchain mines and railway signs.
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March 11, 2025
SDNY Illicit Finance Unit Co-Chief To Depart US Atty's Office
The co-chief of the Southern District of New York's Illicit Finance and Money Laundering Unit said in a withdrawal notice that he's leaving the U.S. attorney's office at the close of this week and requested that he be removed as counsel of record in an ongoing criminal case.
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March 11, 2025
More ITC Patent Cases Expected After Fed. Circ. 'Sea Change'
A recent Federal Circuit decision discarding the U.S. International Trade Commission's limits on what types of domestic expenses qualify a company to bring a patent suit at the agency marks a pronounced shift that will likely spur considerably more ITC cases, attorneys say.
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March 11, 2025
Chemical, Carpet Cos. Seek Toss Of Ga. County's PFAS Suit
Nearly a dozen carpet and chemical manufacturers have moved to dismiss a Georgia county's lawsuit seeking to hold them responsible for an alleged public health crisis in the northwestern part of the state brought on by the sale and use of toxic chemicals in carpet manufacturing.
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March 11, 2025
Perkins Coie Slams Trump's Executive Order Retaliation
Perkins Coie LLP sued the Trump administration Tuesday over an executive order targeting the firm for its diversity-focused hiring efforts and its representation of certain political figures including former Sen. Hillary Clinton's presidential campaign, calling the order "an affront to the Constitution" that aims to chill future representation of certain clients.
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March 11, 2025
'Congress Never Came Up' In CFPB Firing Talks, Worker Says
A Consumer Financial Protection Bureau employee recounted before a D.C. federal judge on Tuesday a frantic effort to fire 1,200 agency staffers before a court order halted it, saying the prospect of first securing congressional approval was never mentioned.
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March 11, 2025
California Will Be Probing Location Data Industry
California has a hunch that a lot of companies might be violating its data privacy law when it comes to sensitive location data, according to the state's attorney general, who says he is launching a sweeping investigation into the location data industry as a whole.
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March 11, 2025
Hedge Fund Group Sends SEC Its Regulatory Wish List
The U.S. Securities and Exchange Commission should reevaluate rules that impose "significant, unjustified costs and burdens on investors and other market participants with little to no corresponding benefits," the Managed Funds Association said in a letter to the regulator Tuesday.
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March 11, 2025
Weapons Check Co. Sued In Del. After Hyped Reports, Probes
A shareholder of weapons screening system developer Evolv Technologies fired off a derivative suit on the company's behalf in Delaware's Court of Chancery late Monday, seeking recovery of damages arising from allegedly hyped marketing of flawed, artificial intelligence-enabled systems that failed to meet threat detection claims.
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March 11, 2025
Senate Confirms Gail Slater To Lead DOJ Antitrust
The Senate voted 78-19 on Tuesday to confirm Gail Slater to be assistant attorney general for the Antitrust Division at the U.S. Department of Justice.
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March 11, 2025
Logistics Co. Tells Texas Justices Attys Undercut Rail Deal
An energy logistics company has told the Texas Supreme Court that lawyers who allegedly helped undermine a business deal shouldn't get to skate out of a legal malpractice lawsuit, arguing in a Monday petition the case belongs before a jury.
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March 11, 2025
Spirit Airlines Judge Says Opt-Out Releases Well Explained
A New York bankruptcy judge explained his February decision to approve third-party releases in budget air carrier Spirit Airlines' Chapter 11 plan, saying an opt-out mechanism of the releases is enough to establish the consent of creditors, given how thoroughly the process was discussed and the number of people who did opt out.
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March 11, 2025
ISP Asks Justices To Reverse Liability In Piracy Suit
It's time for the U.S. Supreme Court to step in and decide whether internet service providers can be liable for copyright infringement if they haven't done enough to stop their customers from pirating music, says an ISP that has been locked in one such legal battle for the better part of a decade.
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March 11, 2025
Trump Taps Amazon Corporate Counsel As US Atty In Philly
President Donald Trump has tapped David Metcalf, a former U.S. Department of Justice official, currently at Amazon, to be U.S. attorney for the Eastern District of Pennsylvania.
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March 11, 2025
Trump Taps DOJ Vet To Serve As Energy Dept.'s Top Lawyer
President Donald Trump has nominated a Winston & Strawn LLP partner, who formerly led the U.S. Department of Justice's Environment and Natural Resources Division during Trump's previous term, to serve as the U.S. Department of Energy's general counsel.
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March 11, 2025
Google Trade Secrets Case Against Ex-Engineer Resolved
A Texas federal judge closed Google LLC's trade secrets lawsuit against a former employee on Monday after the parties agreed last December to an injunction forbidding him from possessing or sharing any of the company's confidential information.
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March 11, 2025
Ex-EEOC Chair Dhillon Nominated To Lead Pension Corp.
President Donald Trump on Tuesday tapped Janet Dhillon, a former U.S. Equal Employment Opportunity Commission chair and commissioner, to lead the Pension Benefit Guaranty Corp.
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March 11, 2025
BigLaw Firms Join To Support Del. Corporate Law Changes
Twenty-one law firms with Delaware corporate practices have jointly endorsed pending state legislation, S.B. 21, that aims to narrow stockholder avenues for challenging corporate acts and clarify the definition of company controllers.
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March 11, 2025
A Brief Look At Delaware's Divisive Corporate Law Bill
Delaware state Senate Bill 21, up for a Judiciary Committee vote on Wednesday, overturns some provisions of landmark state Supreme Court rulings, from Kahn v. M&F Worldwide Corp. in 2014 to In re Match Group a decade later, which call for plaintiff-friendly entire fairness review for controller transactions.
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March 11, 2025
Ex-TD Bank Atty Back To Basics Of Litigation At Ballard Spahr
A former in-house attorney for TD Bank has gone back to private practice and joined Ballard Spahr LLP's Philadelphia office in a move aimed at returning his focus to the nuts and bolts of litigation.
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March 11, 2025
Publix's Suit Over Ga. County's Private Attys 'Beyond Reason'
Publix can't sue a metro Atlanta county to force it to drop its private attorneys who filed an opioid suit against the supermarket chain, the Georgia Court of Appeals has said, ruling that the company "fails to show what right the county has violated by its choice of counsel."
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March 11, 2025
US Atty, Ex-Cognizant Execs Can Delay FCPA Trial For 30 Days
A federal judge granted an adjournment of up to 30 days in the Foreign Corrupt Practices Act trial of two former Cognizant Technology Solutions Corp. executives to allow the newly anointed U.S. attorney for New Jersey to review the case.
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March 11, 2025
Software Co. Says Ex-Employees Stole AI Trade Secrets
A software company that uses artificial intelligence to automate appeals when insurers deny a healthcare provider's payment request has sued two former staffers, alleging they used confidential information gathered through their employment to launch a competing company.
Expert Analysis
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Top 10 Employer Resolutions For 2025
While companies must monitor for policy shifts under the new administration in 2025, it will also be a year to play it safe and remember the basics, such as the importance of documenting retention policies and conducting swift investigations into workplace complaints, say attorneys at Krevolin Horst.
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5 Antitrust Issues For In-House Counsel In 2025
Attorneys at Squire Patton evaluate the top areas where U.S. antitrust policy is likely to change in the next 12 months, including major challenges to the Federal Trade Commission's authority that could reshape enforcement.
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Reviewing 2024's Crucial Patent Law Developments
As 2024 draws to a close, significant rulings and policies aimed at modernizing long-standing legal practices or addressing emerging challenges have reached patent law, says Michael Ellenberger at Rothwell Figg.
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How White Collar Enforcement May Shift In Trump's 2nd Term
After President-elect Donald Trump returns to the White House next month, the administration’s emphasis on immigration laws, drug offenses and violent crime will likely reduce the focus on white collar crime overall, but certain areas within the white collar world may see increased activity, say attorneys at Keker Van Nest.
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New Trump Admin May Bring Financial Oversight Turbulence
As President-elect Donald Trump prepares to begin his second term, his top financial market regulatory and securities law enforcement appointees, campaign promises, and regulatory preferences foretell a period of muddy regulatory waters, say attorneys at Kroll.
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The Justices' Securities Rulings, Dismissals That Defined '24
The U.S. Supreme Court's 2024 securities rulings led to increased success for defendants' price impact arguments, but the justices' decisions not to weigh in on important issues relating to the Private Securities Litigation Reform Act's pleading requirements may be just as significant, say attorneys at Skadden.
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2024 Election Results May Prove Fortuitous For Family Offices
Thanks to the decisive Republican victories in the 2024 elections, family offices have a unique opportunity for accelerated growth and influence, particularly through the benefits afforded by patient capital, says Edward Taibi at Olshan Frome.
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10 Noteworthy CFPB Developments From 2024
In a banner year for consumer finance regulation, the Consumer Financial Protection Bureau made significant strides in its efforts to rein in Big Tech and nonbank financial firms, including via rules regarding open banking, credit card late fees, and buy now, pay later products, say attorneys at Wiley.
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What To Expect From EEOC Next Year After An Active 2024
While highlights this year for the U.S. Equal Employment Opportunity Commission include its first-ever Pregnant Workers Fairness Act cases and comprehensive workplace harassment guidance, the question for 2025 is whether the commission will sustain its momentum or shift its focus in a new direction, says Shannon Kelly at GrayRobinson.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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2024 Has Been A Momentous Year For ESG
Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.
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2024's Most Notable FTC Actions Against Dark Patterns And AI
In 2024 the Federal Trade Commission ramped up enforcement actions related to dark patterns, loudly signaling its concern that advertisers will use AI to manipulate consumer habits and its intention to curb businesses' use and marketing of AI to prevent alleged consumer deception, say attorneys at Goodwin.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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The Story Of 2024's Biggest Bank Regs, And Their Fate In 2025
U.S. federal bank regulators were very active in 2024 with initiatives ranging from antitrust and capital to proposals regarding controlling shareholders and incentive-based compensation, but many regulations face an uncertain future under the new administration, say attorneys at Latham.
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Musk Pay Fight Shows Investor Approval Isn't Universal Cure
The Delaware Court of Chancery's recent denial of a motion revising its prior rescission of Elon Musk's nearly $56 billion compensation package is a reminder of the heightened standard corporate boards must meet in conflicted controller transactions and that stockholder approval doesn't automatically cure fiduciary wrongdoing, say attorneys at A&O Shearman.