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Corporate
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December 19, 2024
Del. Justices Affirm Toss Of Co.'s Suit Against Gusrae Kaplan
Delaware's Supreme Court has affirmed a trial court's dismissal of an Applied Energetics Inc. suit accusing Gusrae Kaplan Nusbaum PLLC and a former partner of launching a frivolous securities fraud suit in order to hobble other litigation against the laser weapons maker's former CEO.
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December 18, 2024
RTX Will Pay $34M To End Engineers' No-Poach Class Action
A group of engineers asked a Connecticut federal judge Wednesday to greenlight a $34 million settlement resolving claims that RTX Corp.'s Pratt & Whitney division orchestrated an agreement among five aerospace engineering firms not to hire one another's employees, following the workers' $26.5 million settlement with the five other firms.
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December 18, 2024
Charles Schwab Says Ex-Employee Stole Client Info
Charles Schwab has filed a suit in Texas federal court accusing a former employee of misappropriating confidential trade secrets and client information to solicit business once he joined a competitor.
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December 18, 2024
Ex-Apple Workers Likely To Win Certification In OT Suit
A California federal judge on Wednesday said he was inclined to grant class certification in litigation accusing Apple of shorting workers' wages by not factoring company shares into overtime pay calculations, saying the former employee who sued provided sufficient evidence that damages could be calculated on a classwide basis.
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December 18, 2024
FDIC Moves Closer To Suing Ex-Brass Of Silicon Valley Bank
Federal Deposit Insurance Corp. leaders have given a green light for the agency to potentially sue former top brass of Silicon Valley Bank for alleged mismanagement of the bank that led to its collapse last year.
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December 18, 2024
Divided SEC Approves PCAOB's $400M Budget
The Public Company Accounting Oversight Board will receive the nearly $400 million it requested to fund its operations in 2025, despite the objections of Republican members of the U.S. Securities and Exchange Commission on Wednesday who expressed concern about the auditing watchdog's growing budget.
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December 18, 2024
Morrison Foerster Cites Tariffs As Key M&A Variable For 2025
International law firm Morrison Foerster LLP is among those citing President-elect Donald Trump's tariff plans as a key wild card that could affect mergers and acquisitions deal flow in 2025, a Wednesday report from the firm shows.
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December 18, 2024
Judge Wants To Know If Colo. Kroger Merger Fight Is Moot
A Colorado state judge wants to know whether two recent decisions blocking the proposed $24.6 billion merger of The Kroger Co. and Albertsons Cos. Inc. has mooted Attorney General Phillip J. Weiser's challenge to the transaction, according to a briefing plan approved Tuesday.
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December 18, 2024
FCC Asked To Place Conditions On Skydance-Paramount Deal
Paramount Global's $2.4 billion plan to merge with Skydance Media has gained another critic, a right-leaning nonprofit law firm that wants the Federal Communications Commission to refuse to approve the tie-up without placing conditions on Paramount's CBS.
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December 18, 2024
Judge Eyes Limits To Medical Device Co.'s Poaching Verdict
A Boston federal judge on Wednesday considered interpreting twin $5 million jury awards against medical device sales employees as a subset of the $15 million in damages awarded against their employer in a rival company's poaching case.
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December 18, 2024
CVS Fueled Opioid Epidemic In Rush For Profits, Feds Say
The U.S. Department of Justice unveiled a suit Wednesday accusing CVS, the nation's largest pharmacy chain, of knowingly filling invalid prescriptions for powerful opioids and ignoring internal pleas from its pharmacists as it allegedly put profits over safety.
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December 18, 2024
Insurance Co. Buyer Accuses Seller Of Fraud In Chancery Suit
Alleging a "textbook case of fraud in the inducement and breach of fiduciary duty," a holding company that acquired Georgia-based Southern Trust Insurance Co. has sued the seller's principals, associates and their company in Delaware's Court of Chancery.
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December 18, 2024
Ex-Ulta Beauty Atty Returns To Quarles & Brady As Partner
National firm Quarles & Brady LLP has added the former assistant general counsel of Ulta Beauty to bolster its real estate practice group and efforts to advise its commercial real estate industry clients.
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December 18, 2024
High Court To Review TikTok Sale-Or-Ban Law
The U.S. Supreme Court announced Wednesday that it will fully review TikTok's First Amendment challenge to a federal law requiring the wildly popular social media platform to divest from its Chinese parent company or face a nationwide ban, scheduling expedited oral arguments one week before the law's effective date.
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December 17, 2024
Del. Justices Won't Revive Investors' $2.4B EV SPAC Deal Suit
The Delaware Supreme Court has declined to reinstate a proposed class action in the state's Chancery Court that accused a blank-check company of withholding key information from investors ahead of its $2.4 billion go-public deal with electric-vehicle maker Canoo Holdings Ltd.
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December 17, 2024
Tubi Says Keller Postman Kept Its Clients In The Dark
Most of the people named in now-dropped arbitration demands filed by Keller Postman LLC against streaming service Tubi didn't know what the claims were or even that the firm purported to represent them, Tubi has told a Washington, D.C., federal judge.
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December 17, 2024
Monsanto Beats Appeal In NJ Pollution Suit Defense Bid
A New Jersey state court judge correctly dismissed a company's complaint seeking Bayer AG's Monsanto's help covering environmental enforcement claims for polychlorinated biphenyls, or PCB, contamination after the case's original judge retired, the state appeals court ruled Tuesday.
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December 17, 2024
The Biggest Copyright Decisions Of 2024
The U.S. Supreme Court made it possible for copyright plaintiffs to pursue damages for periods longer than three years — while leaving lawyers speculating about how long the ruling will stand — and the Second Circuit put an end to a free digital library. Here are Law360's picks for the top copyright decisions of 2024.
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December 17, 2024
FTC, Meta Fight Over Monopolization Trial Limits
Meta Platforms and the FTC are butting heads about how to structure the trial they are hurtling toward in April in D.C. federal court over the agency's monopolization claims, trading barbs Tuesday and trying to make their cases for how they think the multiweek trial should look.
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December 17, 2024
Sandoz Cuts $275M Deal For More Price-Fixing Claims
Swiss drugmaker Sandoz said Tuesday it has reached a $275 million settlement to end claims from consumers, insurers and others in the sprawling multidistrict litigation over alleged price-fixing in the generic-drug industry.
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December 17, 2024
SEC Says Express Didn't Disclose $1M In Ex-CEO Perks
Express Inc. failed to disclose nearly $1 million worth of perks and personal benefits to former CEO Tim Baxter, according to a settlement released Tuesday by the U.S. Securities and Exchange Commission, which declined to levy a civil penalty against the fashion retailer in light of its cooperation and remediation.
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December 17, 2024
Stanford Profs Say Roche's Trade Secret Claims Time-Barred
Stanford University's trustees and three of its professors have asked a California federal court to dismiss trade secret theft claims bought by subsidiaries of F. Hoffmann-La Roche AG, arguing that the allegations are time-barred because the companies were on notice of the purported misappropriation for over three years before filing suit.
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December 17, 2024
Hunton Adds Ex-Flagstar Atty To NYC Office
Hunton Andrews Kurth LLP announced on Tuesday it has hired ex-Flagstar Bank senior vice president and associate general counsel Ian W. Sterling for its New York City office as a special counsel who specializes in structured finance and securitization.
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December 17, 2024
Grubhub To Pay $25M To End FTC Suit Over Deceptive Tactics
The Federal Trade Commission and the Illinois attorney general teamed up Tuesday to announce a settlement that requires Grubhub Inc. to pay $25 million to resolve claims that the food-delivery service charged customers hidden junk fees, listed restaurants on its app without their permission and misled drivers about how much money they could make.
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December 17, 2024
Drug Co. Investor Sues In Del. Over $140M Insider Windfall
A pension fund investor in Cerevel Therapeutics Holdings Inc. has sued Bain Capital Investors LLC and other alleged insiders of the company in Delaware's Court of Chancery, accusing them of lining up a secondary offering in the biopharmaceutical venture before disclosure of its planned sale to AbbVie.
Expert Analysis
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9 Things To Expect From Trump's Surprising DOL Pick
The unexpected nomination of Rep. Lori Chavez-DeRemer, R-Ore., to lead the U.S. Department of Labor reflects a blend of pro-business and pro-labor leanings, and signals that employers should prepare for a mix of continuity and moderate adjustments in the coming years, say attorneys at Fisher Phillips.
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Impact Of Corporate Transparency Act Ambiguity On Banks
Even though banks generally needn't file beneficial ownership information reports, financial institutions must continue to monitor the status of the Corporate Transparency Act and understand its requirements in case the nationwide injunction that was issued against the CTA earlier this month is overturned, say attorneys at Armstrong Teasdale.
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A Look At SEC, CFTC's Record Year For Whistleblower Awards
Another banner year shows that the U.S. Securities and Exchange Commission and U.S. Commodity Futures Trading Commission have developed the gold standard for whistleblower award programs, but a CFTC funding crisis threatens to derail that program's success, say Andrew Feller and Geoff Schweller at Kohn Kohn.
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.
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The Prospects Of Pa. Gaining Its Own Antitrust Law After 2024
In the only state that does not have its own antitrust law, Pennsylvania's business community's strong opposition to the Pennsylvania Open Markets Act signals a rough road lies ahead for passage of the bill after Republicans retained a narrow majority in the state Senate, say attorneys at BakerHostetler.
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How Trump's Tariff Promises May Play Out In 2nd Term
While it is unclear which of President-elect Donald Trump's promised tariffs he intends to actually implement in January, lessons from his first administration, laws governing executive action and U.S. trade agreements together paint a picture of what may be possible, say attorneys at Butzel.
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5 Notable Anti-Money Laundering Actions From 2024
Regulators' renewed interest in anti-money laundering programs in 2024 led to numerous enforcement actions and individual prosecutions in industries like banking, cryptocurrency and gaming, including the blockbuster TD Bank settlement and investigations of casinos in Nevada, says Michael Beckwith at Dickinson Wright.
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.
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How White Collar Defense Attys Can Use Summary Witnesses
Few criminal defense attorneys have successfully utilized summary witnesses in the past, but several recent success stories show that it can be a worthwhile trial tactic to help juries understand the complex decision-making at issue, says Jonathan Porter at Husch Blackwell.
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Opinion
6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.
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The Current State Of Play Around Corporate Transparency Act
Although a Texas court preliminarily enjoined enforcement of the Corporate Transparency Act and paused an impending Dec. 31 reporting deadline, multiple states have similar requirements, so companies should continue to monitor compliance obligations regardless of the CTA's constitutionality, say attorneys at Simpson Thacher.
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Predictions For Trump Antitrust Enforcement Of Life Sciences
Key life sciences antitrust issues of the past two administrations may indicate the direction of enforcement during President-elect Donald Trump's second term, including in areas such as drug prices, killer acquisitions and merger remedies, say attorneys at Ropes & Gray.
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From Football To Pickleball, Sports Investing Evolved In 2024
The NFL's decision to allow private-equity investments in football franchises capped off a transformative year in U.S. sports that also included landmark PE transactions in emerging sports ranging from women's soccer to pickleball, say attorneys at Weil.
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Using Data To Inform Corporate Disclosure Decisions
With today’s market volatility and regulatory factors requiring public companies to confront competing transparency and protection demands, incorporating stock price reaction analysis of company-specific news into the controller's role could be beneficial for disclosure determinations, say Liz Dunshee at Fredrikson & Byron and Nessim Mezrahi at SAR.
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Best Practices For AI Disclosures In Insurance Applications
As businesses integrate AI into their operations, insurers are starting to develop targeted questions to assess the associated risks, but ambiguities in the application forms can create challenges for businesses applying for insurance, say attorneys at Hunton.