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Corporate
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December 16, 2024
'Plans Do Matter,' Tempur Sealy Says In Final Merger Hearing
Tempur Sealy made its final push Monday in support of its $4 billion planned Mattress Firm purchase, telling a judge during closing arguments that the Federal Trade Commission hadn't shown that the company planned to deviate from its intent for Mattress Firm to remain autonomous.
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December 16, 2024
Merger Enforcers End Year On Upswing
The Biden administration's antitrust enforcers have boasted that one side effect of their aggressive approach to merger enforcement has been helping stop problematic deals from being cut in the first place, but the agencies also scored key court rulings blocking transactions in their final year that could have a more enduring effect.
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December 16, 2024
Oracle's 'Copyright War' Will Go On, 9th Circ. Says
Ninth Circuit judges decided on Monday that a "pitched copyright war" going for over a decade between Oracle and a software company that markets third-party software support to Oracle customers has not gone on for long enough, finding that a Nevada federal judge turned out to be quite wrong about what constitutes a "derivative" work.
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December 16, 2024
NY Judge Denies Trump's 1st Immunity Dismissal Motion
The New York state judge overseeing President-elect Donald Trump's hush money case denied the first of his immunity-based dismissal motions on Monday, finding that the trial evidence in the criminal case was not tainted by "official acts" evidence from his first term in office.
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December 16, 2024
Amazon Judge Again Doubts Late-Delivery Refund Claim
A Washington federal judge suggested Monday an Amazon.com customer paying extra for a specific delivery time should expect their package to arrive within that time frame, but she questioned why the putative class action plaintiff never requested a refund of the shipping fees.
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December 16, 2024
Judge OKs Par Funding Receiver's Plan To Distribute $110M
A Florida federal judge on Monday approved a distribution plan by the receiver for Par Funding and authorized the first distribution of more than $110 million that the receiver has collected for the investors who were defrauded in a Ponzi scheme that raised nearly a half-billion dollars.
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December 16, 2024
Becton Dickinson To Pay SEC $175M Over Pump Claims
Becton Dickinson & Co. has agreed to pay $175 million to settle the U.S. Securities and Exchange Commission's allegations that the medical device manufacturer misled investors about the risks of selling its Alaris infusion pump and overstated its income, the agency announced Monday.
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December 16, 2024
UnitedHealthcare Shooting Suspect Hires Ex-NYC Prosecutor
Karen Friedman Agnifilo, a former veteran prosecutor in the Manhattan District Attorney's Office, has been retained to represent the man accused of killing the CEO of UnitedHealthcare outside a hotel in midtown Manhattan earlier this month, a spokesperson for Agnifilo's firm said Monday.
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December 16, 2024
Disney, Fox And Warner Bros. Can't Duck Fubo's Antitrust Suit
A New York federal court refused dismissal bids Friday from Disney, Fox and Warner Bros. Discovery as they tried to duck an antitrust case over their sports-only streaming service, and also denied Fox's motion to sever the claims against it and transfer the venue to the Central District of California.
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December 16, 2024
Disney To Pay $233M To End Calif. Wage Theft Case
Walt Disney Co. has agreed to shell out $233 million to end a five-year-long California state court case covering more than 51,000 workers accusing the company of failing to follow Anaheim's $15 minimum wage ordinance.
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December 16, 2024
Sony To Pay $7.8M To 4M PlayStation Gamers In Antitrust Fight
Sony Interactive Entertainment will pay $7.85 million to more than 4 million gamers to settle a proposed class action accusing the company of overcharging PlayStation Store customers via a monopoly on downloadable game cards, according to a motion for preliminary approval filed Friday in California federal court.
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December 16, 2024
Mich. Judge Troubled By Scope Of Feds' CTA Data Collection
A federal judge in Michigan said new disclosure requirements for small businesses seem burdensome and intrusive during a Monday hearing focused on the privacy implications of the currently blocked anti-money laundering law.
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December 16, 2024
Cos. Urge Judge To Maintain Injunction On Transparency Law
A Texas federal judge doesn't need to stay his preliminary injunction on the rollout of new corporate transparency rules while the U.S. government's appeal of his decision is pending at the Fifth Circuit, a business lobbying group and others said Monday.
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December 16, 2024
Albertsons Says Kroger 'Squandered' $25B Merger Bid
The Kroger Co. Inc. "willfully squandered" opportunities to complete a now-blocked $24.6 billion mega-merger with Albertsons Cos. Inc., according to an unsealed five-count lawsuit in Delaware's Court of Chancery potentially seeking billions in damages.
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December 16, 2024
SEC Wants Out Of PE Firm's 'Fishing Expedition' Suit
The U.S. Securities and Exchange Commission has asked a Texas federal judge to toss a suit brought by a real estate-focused private equity fund alleging the SEC subjected it to an unconstitutional "fishing expedition" outside its regulatory purview, arguing that sovereign immunity bars the firm's claims and that the court has no jurisdiction over the case.
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December 16, 2024
Experienced Retail Adviser Joins Hunton In DC
Hunton Andrews Kurth LLP announced Monday that a longtime vice president and senior counsel at the National Retail Federation has joined the firm's Washington, D.C., office as a public policy and government relations partner.
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December 16, 2024
Investment Pro Denies $600M 'Cherry-Picking' Fraud Charges
A California investment executive on Monday denied cheating a group of his firm's clients by assigning them poorer-performing trades, pleading not guilty before a Manhattan federal judge to what prosecutors call a $600 million criminal "cherry-picking" fraud.
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December 16, 2024
Ozy Media CEO Gets Almost 10 Years For Investor Fraud
A New York federal judge on Monday sentenced former Ozy Media CEO Carlos Watson to nearly 10 years in prison following his conviction at trial for lying to banks and investors to secure tens of millions of dollars in funding for the nascent multimedia company.
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December 16, 2024
High Court Bar's Future: Latham's Roman Martinez
Roman Martinez of Latham & Watkins LLP approaches oral arguments before the U.S. Supreme Court as if they were just another dinner with family or friends — people he's argued with since he was a kid.
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December 16, 2024
Greenberg Traurig Rehires Digital Infrastructure Atty In DC
Greenberg Traurig LLP has rehired a former attorney with the firm who is joining in Washington, D.C., to continue his practice focused on digital and electronics-related legal matters.
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December 16, 2024
Anglo American-Backed Engine Tech Co. Files Ch. 11
A developer of hybrid electric hauling equipment has filed for Chapter 11 protection in Delaware bankruptcy court with nearly $98 million in debt and an agreement with its secured lender and parent, mining company Anglo American, to pursue a sale.
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December 16, 2024
Justices Preserve Calif. Vehicle Emissions Autonomy
The U.S. Supreme Court on Monday declined to review whether the U.S. Environmental Protection Agency has the authority to allow California to set its own greenhouse gas emissions standards for vehicles, a power red states had challenged as unconstitutional.
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December 14, 2024
ABC News Agrees To Pay $16M To End Trump Defamation Suit
ABC News has agreed to pay $16 million to end Donald Trump's defamation suit over George Stephanopoulos' on-air description of rulings in favor of writer E. Jean Carroll in her sexual abuse and defamation suits against Trump, according to a settlement filed Saturday in Florida.
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December 13, 2024
OpenAI Slams Musk's 'Evidence-Free' Bid To Block For-Profit
OpenAI urged a California federal judge Friday to reject Elon Musk's bid to block the artificial intelligence research organization from transitioning into a for-profit enterprise, scoffing at Musk's assertions of anticompetitive practices and arguing that the injunctive motion is "just another evidence-free effort to harass a competitor."
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December 13, 2024
Delivery Driver Earned Too Much To Sue Under Fed. Wage Law
A delivery worker can't advance his suit claiming a Papa John's franchise violated the Fair Labor Standards act by inadequately paying for on-the-job expenses and vehicle wear and tear, with a Colorado federal judge ruling the worker lacked standing because his pay still topped the federal minimum wage.
Expert Analysis
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Del. Dispatch: Cautionary Tales Of 2 Earnout Effort Breaches
The Delaware Court of Chancery's tendency to interpret earnout provisions precisely as written, highlighted in two September rulings that found buyers breached their shareholder obligations when they failed to make reasonable efforts to hit certain product development milestones, demonstrates the paramount importance of precisely wording these agreements, say attorneys at Fried Frank.
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Series
A Day In The In-House Life: Best Egg CLO Talks Power Of Prep
On a typical Monday in her life, Best Egg Chief Legal Officer Amy Thoreson Long chronicles a remote workday in which she makes time for everything from getting ahead on regulatory issues and researching recent Supreme Court decisions to dog walks and podcast breaks.
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The Trade And Tax Issues Behind US-Canada Digital Tax Clash
The new Canadian digital services tax recently went into effect despite objections from the U.S., a controversy that represents an unusual mix of trade and tax policy, and many companies have been pondering how it will affect their e-commerce businesses, says Damon Pike at BDO.
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Secret Service Failures Offer Lessons For Private Sector GCs
The Secret Service’s problematic response to two assassination attempts against former President Donald Trump this summer provides a crash course for general counsel on how not to handle crisis communications, says Keith Nahigian at Nahigian Strategies.
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Opinion
Bill Is Key To Protecting US Economy From Patent Piracy
It is critical that Congress pass a recently introduced bill that would protect U.S. investors from intellectual property theft by restoring court-ordered injunctions as the default remedy in patent infringement cases to ensure inventors get the justice they deserve, says Andrei Iancu at Sullivan & Cromwell.
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Series
Colorado Banking Brief: All The Notable Legal Updates In Q3
In the third quarter of 2024, Colorado's banking and financial services sector faced both regulatory updates and changes to state law due to recent federal court decisions — with consequences for local governments, mortgage lenders, state-chartered trust companies and federally chartered lenders serving Colorado consumers, says Sarah Auchterlonie at Brownstein Hyatt.
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Takeaways From TOTSA Settlement And Critical CFTC Dissent
The U.S. Commodity Futures Trading Commission's recent settlement with TOTSA highlights the agency's commitment to enforcing market integrity and deterring manipulative practices, while Commissioner Caroline Pham's dissent to the settlement spotlights the need for transparency and consistency in enforcement actions, say attorneys at Davis Wright.
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Building US-Japan Relationships In The M&A Market
The prospect of U.S.-Japanese mergers and acquisitions presents stronger competition to U.S. investors in the global M&A markets, while also opening up an additional exit route for sellers looking to offload strategic assets, says Nick Wall at A&O Shearman.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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From Concept To Capital: 5 Stages Of Evolving IP Needs
Companies must understand the shifting intellectual property needs throughout an organization’s life cycle in order to protect innovation, which can be done by fortifying the IP portfolio, expanding and leveraging IP assets, and more, says Keegan Caldwell at Caldwell Law.
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Series
In The CFPB Playbook: No Lazy, Hazy Days Of Summer
The Consumer Financial Protection Bureau is headed for a brisk fall season, on the heels of a heated summer, which included the U.S. Supreme Court's ruling that the CFPB funding structure is constitutional, and in advance of the November election, says Eamonn Moran at Holland & Knight.
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FTC Focus: How Scrutiny Of PBMs And Insulin May Play Out
Should Express Scripts' recent judicial challenge to the Federal Trade Commission succeed, any new targets could add litigation and choice of forum to their playbooks, and potential FTC court action on insulin could be forced to parallel venues as the issues between the commission and PBMs evolve, say attorneys at Proskauer.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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A Class Action Trend Tests Limit Of Courts' Equity Powers
A troubling trend has developed in federal class action litigation as some counsel and judges attempt to push injunctive relief classes under Rule 23(b)(2) of the Federal Rules of Civil Procedure beyond the traditional limits of federal courts' equitable powers, say attorneys at Jones Day.