Corporate

  • July 29, 2024

    Amazon Defeats Class Status Push In Military Leave Suit

    A Washington federal judge refused Monday to greenlight a class action accusing Amazon of demoting or firing workers who took time off for military service, saying they hadn't shown the thousands of would-be class members had enough in common.

  • July 29, 2024

    SEC OKs Award Of More Than $37M To Whistleblower

    The U.S. Securities and Exchange Commission has awarded more than $37 million to an anonymous whistleblower the agency credits for spurring a successful enforcement action despite retaliation from an unidentified employer.

  • July 29, 2024

    SEC Says Penny Stock CEO Lied About COVID-19 Deal

    The U.S. Securities and Exchange Commission on Friday sued former penny stock company CEO Juan Campo for securities fraud, alleging he lied to investors about acquiring a Colombian cannabis company and about the company's development of a temperature screening device during the COVID-19 pandemic, among other things.

  • July 29, 2024

    Senate To Vote On Bills To Protect Kids Online

    The Senate is poised to vote on Tuesday on a package of two major bipartisan bills to protect children online that could represent a watershed moment in technology regulation.

  • July 29, 2024

    Trademark Cases To Watch In The Second Half Of 2024

    The U.S. Supreme Court will hear arguments in a trademark infringement case regarding disgorgement of profits from corporate affiliates, and The Pennsylvania State University is headed to trial against a sports apparel retailer in a case with potentially huge ramifications for merchandise licensing. Here is a look at the trademark cases to watch for the rest of the year.

  • July 29, 2024

    Converge And Magellan Settle Antitrust Suit Ahead Of Trial

    Houston-based Converge Midstream LP and two Magellan companies have reached a settlement in their 2022 antitrust dispute over their participation in the Houston crude oil market, sources confirmed Monday.

  • July 29, 2024

    Western Digital Hit With $262M Verdict Over Data Storage IP

    A California federal jury found Friday that hard drive behemoth Western Digital owes MR Technologies more than $262 million in royalties for infringing its patents for increasing storage capacity on disk drives, after nearly two weeks of trial and four hours of deliberations.

  • July 29, 2024

    'Grave' NatSec Concerns Justify TikTok Ban, DC Circ. Told

    The U.S. government told the D.C. Circuit that TikTok's data collection practices and content recommendation algorithm threaten national security, in defending a federal law banning the social media platform from the United States unless it cuts ties with its Chinese parent company ByteDance.

  • July 29, 2024

    Boehringer Appeals HHS Win In Medicare Drug Price Suit

    Boehringer Ingelheim Pharmaceuticals Inc. notified a Connecticut federal court Friday that it will appeal its loss in a lawsuit challenging a new Medicare drug price negotiation program on the grounds that it unlawfully compels the pharmaceutical giant to declare prices "fair," takes its property and imposes an excessive fine.

  • July 29, 2024

    NRA Avoids Compliance Monitor In NY AG Case

    A Manhattan judge on Monday rejected the New York attorney general's request for a compliance monitor to oversee the National Rifle Association, saying such relief would "result in a long, awkward and potentially speech-chilling government involvement in a political organization."

  • July 29, 2024

    ABA's 1st Generative AI Opinion Points Attys To Ethical Duties

    The American Bar Association ethics committee published on Monday its first formal opinion on attorney use of generative artificial intelligence tools, saying lawyers should consider their ethical obligations, including those related to model rules on competency, confidentiality and fees.

  • July 29, 2024

    Catching Up With Delaware's Chancery Court

    Litigation linked to Elon Musk sparked several filings in Delaware's Court of Chancery last week, including a call for sanctions and hand-wringing about a proposed multibillion-dollar attorney fee. Here, Law360 looks at this and other highlights from last week in Delaware's Chancery Court.

  • July 29, 2024

    BCLP Adds Energy Atty In Denver From Clark Hill

    Bryan Cave Leighton Paisner LLP has grown its energy transition team with the addition of an attorney from Clark Hill PLC who previously worked in-house at a petroleum company, the firm said Monday.

  • July 29, 2024

    White Collar Update: 4 Developments To Watch

    White-collar lawyers are on the lookout for U.S. Department of Justice actions targeting artificial intelligence "snake oil," aggressive pandemic-relief fraud prosecutions, and carrots for corporations and whistleblowers who expose misconduct. Here's a look at some key developments to watch in the second half of 2024.

  • July 29, 2024

    BlackBerry Gets Former Exec's Sex Harassment Suit Trimmed

    A California federal judge tossed several pay discrimination claims from a former BlackBerry executive's lawsuit claiming she was fired for reporting that the company's CEO sexually harassed her before taking the top job, saying she didn't show that she and the CEO had comparable positions before he assumed the role.

  • July 29, 2024

    Clean Energy Tax Credit Sales Could Hit $25B, Report Says

    Total sales of clean energy tax credits could reach as high as $20 billion to $25 billion this year, signaling a flourishing marketplace for credit sales authorized by the 2022 climate law, according to a midyear report released Monday by a climate tech startup firm.

  • July 29, 2024

    Oil And Gas Co. Cepsa Names New Chief Legal Officer

    Spanish oil and gas company Cepsa has found its new top attorney in a veteran in-house leader from Spain-based company Atento.

  • July 29, 2024

    Ex-Pharma Exec Seeks Leniency After SEC Contempt Plea

    A former pharmaceutical executive is hoping to avoid jail after his use of an alias to circumvent a U.S. Securities and Exchange Commission ban on finance work landed him a criminal contempt conviction, while Boston federal prosecutors are seeking up to 10 months in prison.

  • July 26, 2024

    Ex-Wells Fargo Director Wins $22M Verdict In ADA Trial

    A North Carolina federal jury Friday determined Wells Fargo must pay a former managing director $22.1 million after he accused the bank of failing to reasonably accommodate him for a paralyzed colon and bladder, and subsequently laid him off to avoid dealing with his disability, according to his attorney.

  • July 26, 2024

    DOJ Whistleblower Pilot On Deck As Cos. Boost Compliance

    Corporations are making their compliance programs more proactive amid an ongoing push from the Biden administration for firms to come forward with information as the U.S. Department of Justice prepares to roll out a pilot program to reward whistleblowers who alert prosecutors to significant corporate misconduct.

  • July 26, 2024

    Apple Commits To White House Guidelines For Responsible AI

    Apple Inc. has signed onto the Biden administration's voluntary guidelines for "responsible" artificial intelligence innovation, joining the likes of Amazon.com Inc., Google LLC, Microsoft Corp. and a dozen other leading tech companies, the White House announced Friday.

  • July 26, 2024

    Abbott Owes $495M In Baby Formula Bellwether Trial

    A Missouri jury awarded $95 million in compensatory damages and $400 million in punitive damages Friday over bellwether claims that Abbott Laboratories' baby formula caused a premature baby to suffer a fully disabling condition.

  • July 26, 2024

    Off The Bench: NBA Signs Mega Deals, Jerry Jones Settles

    In this week's Off The Bench, the NBA signed $77 billion worth of telecast and streaming deals while longtime league broadcaster TNT challenged the decision, Jerry Jones' suit against his alleged daughter settled while jurors were at lunch, and Pennsylvania's high court agreed to hear an appeal relating to Pittsburgh's jock tax, a fee applied to nonresident professional athletes.

  • July 26, 2024

    Adobe Exec Called Cancel Fee Trap 'Heroin' For Co., Suit Says

    Adobe Inc. is so aware of the power, and financial benefits, of its allegedly hidden early termination fee for its most lucrative subscription plan that one executive described the fee as "a bit like heroin for Adobe," according to a newly unredacted complaint from the U.S. Department of Justice and the Federal Trade Commission.

  • July 26, 2024

    NCAA's $2.8B NIL Deal, Revenue-Sharing Plan Sent To Judge

    A $2.78 billion deal to settle a massive class action targeting the NCAA's name, image and likeness compensation rules was submitted to a California federal judge for preliminary approval Friday, allowing for revenue sharing with athletes across all sports.

Expert Analysis

  • Navigating Self-Disclosures As A Regulated Financial Entity

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    As enforcement risks heat up for regulated financial institutions, such entities may be forced to weigh the potential advantages and disadvantages of self-disclosing potential compliance gaps, say attorneys at Jenner & Block.

  • To Make Your Legal Writing Clear, Emulate A Master Chef

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    To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.

  • Takeaways From SEC's New Data Breach Amendments

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    The U.S. Securities and Exchange Commission's recent amendment of its consumer privacy rules to require investment advisers and broker-dealers to put procedures in place to uncover data breaches and report them to customers evidences that protecting client records and information remains an SEC priority, say attorneys at Simpson Thacher.

  • 8 Steps Companies Should Take After An Internal Investigation

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    Given the U.S. Department of Justice’s increasing focus on corporate compliance and remediation of misconduct, companies must follow through in several key ways after an internal investigation to ensure history does not repeat itself, say Jonathan Aronie and Joseph Jay at Sheppard Mullin.

  • Circuit Judge Writes An Opinion, AI Helps: What Now?

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    Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.

  • A Look At M&A Conditions After FTC's Exxon-Pioneer Nod

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    The Federal Trade Commission's recent consent decree imposing several conditions on Exxon Mobil's acquisition of Pioneer Natural Resources helps illustrate key points about the current merger enforcement environment, including the probability of further investigations in the energy and pharmaceutical sectors, say Ryan Quillian and John Kendrick at Covington.

  • Series

    In The CFPB Playbook: Regulatory Aims Get High Court Assist

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    Newly emboldened after the U.S. Supreme Court last month found that the Consumer Financial Protection Bureau's funding is constitutional, the bureau has likely experienced a psychic boost, allowing its already robust enforcement agenda to continue expanding, say attorneys at Husch Blackwell.

  • 3 Infringement Defenses To Consider 10 Years Post-Nautilus

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    In the 10 years since the U.S. Supreme Court’s influential Nautilus ruling, the spirit of the “amenable to construction” test that the opinion rejected persists with many patent litigators and judges, so patent infringement defense counsel should always consider several key arguments, says John Vandenberg at Klarquist Sparkman.

  • 9th Circ. COVID 'Cure' Case Shows Perks Of Puffery Defense

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    The Ninth Circuit's March decision in a case surrounding a company's statements about a potential COVID-19 cure may encourage defendants to assert puffery defenses in securities fraud cases, particularly in those involving optimistic statements about breakthrough drugs that are still untested, say attorneys at Cahill Gordon.

  • After Years Of Popularity, PAGA's Fate Is Up In The Air

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    The last two years held important victories for plaintiff-side employment attorneys in California Private Attorneys General Act litigation at the trial and appellate court levels, but this hotbed of activity will quickly lose steam if voters approve a ballot measure in November to enact the California Fair Pay and Employer Accountability Act, says Paul Sherman at Kabat Chapman.

  • FTC Focus: Exploring The Meaning Of Orange Book Letters

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    The Federal Trade Commission recently announced an expansion of its campaign to promote competition by targeting pharmaceutical manufacturers' improper Orange Book patent listings, but there is a question of whether and how this helps generic entrants, say Colin Kass and David Munkittrick at Proskauer.

  • 3 Recent Decisions To Note As Climate Litigation Heats Up

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    Three recent rulings on climate-related issues — from a New York federal court, a New York state court and an international tribunal, respectively — demonstrate both regulators' concern about climate change and the complexity of conflicting regulations in different jurisdictions, say J. Michael Showalter and Robert Middleton at ArentFox Schiff.

  • National Security And The Commercial Space Sector: Part 1

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    The recently published U.S. Department of Defense space strategy represents a recalibration in agency thinking, signaling that the integration of commercial space capabilities has become a necessity and offering guidance for removing structural, procedural and cultural barriers to commercial-sector collaboration, say Jeff Chiow and Skip Smith at Greenberg Traurig.

  • BF Borgers Clients Should Review Compliance, Liability

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    After the U.S. Securities and Exchange Commission's recently announced enforcement proceedings against audit firm BF Borgers for fabricating audit documentation for hundreds of public companies, those companies will need to follow special procedures for disclosure and reporting — and may need to prepare for litigation from the plaintiffs bar, say attorneys at Debevoise.

  • How Employers, Attorneys Can Respond To Noncompete Ban

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    As the Federal Trade Commission's recently issued noncompete ban faces ongoing legal challenges, now is a good time for employers to consider whether they want to take a wait-and-see approach before halting use of noncompetes and for practitioners to gain insight into other tools available to protect their clients' business interests, says Jennifer Platzkere Snyder at Dilworth Paxson.

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