Corporate

  • November 07, 2024

    Trump's Victory Muddles NY Sentencing: 'No Playbook Here'

    The fate of President-elect Donald Trump's criminal conviction in New York remains unclear following his resounding electoral victory Tuesday night, as last-minute motions, a pending decision on presidential immunity and appeals may derail or delay a punishment slated to be handed down before Thanksgiving.

  • November 06, 2024

    Trump's SEC Expected To See 'Dramatic' Enforcement Change

    Former President Donald Trump's reelection means a notable shift in the types of cases the U.S. Securities and Exchange Commission is expected to bring, attorneys said Wednesday at a Washington, D.C., conference, while the agency's current top enforcer vowed business as usual for now as it carries on with its well over 1,500 investigations.

  • November 06, 2024

    FTC Pushes For Amazon Docs In Antitrust Case

    The Federal Trade Commission on Tuesday urged a federal court in Seattle to make Amazon hand over documents in the agency's monopolization case against the e-commerce giant, saying its discovery requests aren't unduly burdensome given the breadth of Amazon's alleged anticompetitive conduct.

  • November 06, 2024

    Danone Beats Suit Alleging Microplastics In Evian, For Now

    An Illinois federal judge on Tuesday granted Danone Waters of America's request to dismiss a putative class action accusing the Evian-maker of violating Illinois and California state consumer fraud statutes by labeling its spring water as "natural" even though the product contains microplastics, finding the claims are preempted by federal law.

  • November 06, 2024

    FTX Exec Looks To Avoid Prison For 'Smallest Share' Of Crime

    Former FTX technology chief Zixiao "Gary" Wang on Wednesday asked a Manhattan federal judge not to give him prison time for his part in the $11.2 billion fraud case, calling himself "the one who stands convicted of the smallest share of misconduct" among former CEO Sam Bankman-Fried's lieutenants.

  • November 06, 2024

    Masimo Expert Cites LED And Foam As Evidence Apple Stole IP

    Apple misappropriated Masimo's pulse oximetry trade secrets and used them to improve its Apple Watch, a Masimo expert witness testified in California federal court Wednesday, pointing to Apple's use of a short circuit LED and a black foam test.

  • November 06, 2024

    Ex-McElroy Deutsch CFO Ordered To Pay $1.2M For Theft

    A New Jersey state judge on Wednesday ordered McElroy Deutsch Mulvaney & Carpenter LLP's former chief financial officer to pay the firm $1.2 million in restitution for the "excess salary and bonuses" he paid himself.

  • November 06, 2024

    Natera Declared 'War' On Guardant, Jury Told At Trial's Start

    Guardant on Wednesday told a California federal jury during opening statements in its false advertising lawsuit that rival Natera saw Guardant's competing colorectal cancer detection test as "an existential threat" and declared "war" while Natera maintained that its ads to doctors comparing the tests were meant "to educate, not deceive."

  • November 06, 2024

    9th Circ. Says No New Trial For Tesla Investors' Suit

    The Ninth Circuit on Wednesday ruled that a lower court didn't err in denying Tesla investors' request for a new trial regarding their $12 billion claim over Elon Musk's 2018 tweets that he had "funding secured" to take the electric car giant private, saying there were no improper instructions given to the jury.

  • November 06, 2024

    Trump's Win Likely To Spur Deals For Capital Markets Attys

    Former President Donald Trump's decisive win in Tuesday's presidential election will enable deals to proceed on a more certain basis, capital markets advisers said Wednesday, citing pent-up demand to restart capital raising after a long period of subdued activity.

  • November 06, 2024

    SEC's Gensler Faces Group's Call To Resign After Trump Win

    Following Donald Trump's election victory Wednesday, a financial services trade association called on U.S. Securities and Exchange Commission Chair Gary Gensler to "immediately" step down in order to boost trust in the agency.

  • November 06, 2024

    Chancery OKs Trade Desk Vote On Charter Move To Nevada

    The Trade Desk Inc. received a Delaware Court of Chancery go-ahead Wednesday for a Nov. 14 stockholder vote on reincorporating the digital advertising company in Nevada, after a vice chancellor rejected claims in a stockholder suit that the company's move requires a supermajority stockholder vote.

  • November 06, 2024

    Customers Look To Preserve Lead Class Action Against AT&T

    AT&T shareholders are telling a Texas federal judge that the company acted with scienter when it allegedly misled investors about the removal of lead-covered copper cables from its network, pushing back on AT&T's motion to dismiss the suit stemming from a drop in the company's stock price.

  • November 06, 2024

    2nd Circ. Revives Authors' Breach Claim Against McGraw Hill

    The Second Circuit has partially restored a breach of contract claim from a would-be class action that alleged McGraw Hill shortchanged textbook authors on royalties from e-book sales, saying there was merit to one of their arguments relating to contract language.

  • November 06, 2024

    Judge Axes NY Claims In Chase Bank Counterfeit Check Row

    A New Jersey federal judge partly granted JPMorgan Chase Bank's bid to toss a tile company's lawsuit over the financial giant's alleged acceptance of $5 million in counterfeit checks drawn from its Valley National Bank account, reasoning that Florida law claims could stand but allegations under New York statutes could not. 

  • November 06, 2024

    Amazon Can't 'Just Walk Out' On BIPA Claims

    An Illinois federal judge largely allowed two biometric privacy suits to proceed against Amazon and a Midway Airport shop operator over Amazon's Just Walk Out cashierless checkout technology, trimming just an unlawful profiting claim against the travel retailer.   

  • November 06, 2024

    Morgan Stanley Denied ERISA Deferred Comp Ruling Redo

    A New York federal judge denied Morgan Stanley's request that the court rethink its order compelling to individual arbitration a proposed class action from former financial advisers seeking deferred compensation to individual arbitration, keeping a holding intact that found disputed benefits were subject to the Employee Retirement Income Security Act.

  • November 06, 2024

    Ex-Exec Says Do-Nothing ComEd Jobs A Favor To Madigan

    A former Commonwealth Edison executive testified Wednesday that several subcontractors the utility kept on the payroll for years did little to no work and were hired as a favor for former Illinois House Speaker Michael Madigan, bolstered by a series of recordings he captured while cooperating with the government.

  • November 06, 2024

    Coinbase, CFTC Reach Discovery Agreement For SEC Case

    Coinbase said it has reached an agreement with the U.S. Commodity Futures Trading Commission on certain search terms that it believes satisfies its discovery needs in its ongoing securities enforcement case, resolving an earlier motion to compel the futures regulator to provide certain communications with crypto firms.

  • November 06, 2024

    Business Groups Urge Calif. Justices To Nix HIV Drug Ruling

    Business groups led by the U.S. Chamber of Commerce are asking the California Supreme Court to throw out a suit alleging Gilead Sciences Inc. deprived customers of a safer form of its HIV drug for profits, saying the current ruling creates an untenable duty and liability even when there's no harmful defect in a product.

  • November 06, 2024

    What A Second Trump Term Could Mean For FDA And CPSC

    The historic reelection of former President Donald Trump could lead to shake-ups at the U.S. Food and Drug Administration and the U.S. Consumer Product Safety Commission, while questions remain about what policies he will enact.

  • November 06, 2024

    Fake BigLaw Atty Duped Exec Into Wiring $55M, Co. Says

    A German rubber product manufacturer is suing a California woman and JPMorgan Chase Bank NA in California federal court alleging a company employee was tricked into wiring more than $54.9 million to at least 18 bank accounts by a fraudster posing as both an Orion executive and a partner at Clifford Chance LLP.

  • November 06, 2024

    Tesla Defeats Sanctions Bid Over Atty's Mediation Appearance

    A widow suing Tesla Inc. for the wrongful death of her late husband can't pursue sanctions against the automaker for allegedly wasting her time in mediation, a California federal judge ruled Wednesday.

  • November 06, 2024

    Ex-GE Exec Called 'Innocent Victim' In $1.1B Forgery Trial

    Counsel for a former GE Power executive accused of taking a $5 million kickback after forging documents to close a $1.1 billion gas turbine deal in Angola suggested to a Manhattan federal jury Wednesday that others were behind the fraud.

  • November 06, 2024

    Former Walmart Manager Can Proceed With OT Suit

    A former Walmart manager supported her claims for unpaid overtime in her misclassification suit, a Georgia federal judge said Wednesday, rejecting the retail company's bid to toss her lawsuit.

Expert Analysis

  • Opinion

    Congress Can And Must Enact A Supreme Court Ethics Code

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    As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.

  • What To Make Of Dueling Corporate Transparency Act Rulings

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    Although challenges to the Corporate Transparency Act abound — as highlighted by recent federal court decisions from Alabama and Oregon taking opposite positions on its constitutionality — the act is still law, so companies should comply with their filing requirements or face the potential consequences, say attorneys at Lowenstein Sandler.

  • Perspectives

    Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan

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    Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.

  • California's AI Safety Bill Veto: The Path Forward

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    California Gov. Gavin Newsom's veto of a bill that sought to impose stringent regulations on advanced artificial intelligence model development has sparked a renewed debate on how best to balance innovation with safety in the rapidly evolving AI landscape, say Bobby Malhotra and Carson Swope at Winston & Strawn.

  • To Report Or Not To Report Others' Export Control Violations

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    A recent Bureau of Industry and Security enforcement policy change grants cooperation credit to those that report violations of the Export Administration Regulations committed by others, but the benefits of doing so must be weighed against significant drawbacks, including the costs of preparing and submitting a report, says Megan Lew at Cravath.

  • 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.

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