Corporate

  • June 13, 2024

    IP Forecast: Cooley Atty Faces DQ Bid Over Past Patent Work

    A prominent Cooley LLP lawyer will face questions next week in a Philadelphia courtroom over her work a decade ago at her former firm defending a cloud software startup that is now suing a Cooley client. Here's a spotlight on that case — plus all the other major intellectual property matters on deck in the coming week.

  • June 13, 2024

    'Trump Too Small' Opinion Leaves Some Justices, Attys Vexed

    In denying a bid to register "Trump Too Small" as a trademark for apparel, the U.S. Supreme Court unanimously concluded Thursday there was no free speech violation. But Justice Clarence Thomas' opinion leaning on tradition to justify prohibiting names as marks without an individual's consent left some justices and attorneys dissatisfied.

  • June 13, 2024

    Canadian Businessman Cops To Stealing Tesla Trade Secrets

    A Canadian businessman residing in China pled guilty in New York federal court to scheming to sell secret battery manufacturing technology that belongs to Tesla, the U.S. Department of Justice announced Thursday.

  • June 13, 2024

    Apple Workers' Suit Says Women Are Paid Less For Same Work

    A pair of Apple workers lodged a proposed class action in California state court Thursday claiming that the company has systematically paid thousands of women less than their male counterparts for substantially similar work for years.

  • June 13, 2024

    Textualism Still Dominates Justices' Arbitration Decisions

    The U.S. Supreme Court's approach to arbitration issues this past term has helped to exemplify a growing trend by the justices in favor of textualism and away from a less nuanced pro-arbitration mindset that had been favored in previous decades, experts say.

  • June 13, 2024

    FTC's Ferguson Says He's A Law Enforcer, Not A Policymaker

    Recently minted Federal Trade Commissioner Andrew Ferguson said Thursday that he views his new role as a law enforcer and not a policymaker and said the biggest issue for antitrust law right now is dealing with Big Tech.

  • June 13, 2024

    Zoom's $150M Investor Deal Nears OK, But $50K Award Iffy

    A California federal judge indicated Thursday that he'll preliminarily approve Zoom's $150 million deal to end claims it misled investors by stating that it offered end-to-end encryption on its videoconferencing software, but told the plaintiffs' lawyers, "You're going to have to persuade me" to award the lead plaintiff $50,000.

  • June 13, 2024

    Tesla Investors Sue Over Musk's Extracurricular xAI Diversion

    A union pension fund and two individual investors hit Elon Musk and Tesla's board of directors with a derivative suit Thursday in Delaware Chancery Court over the CEO's breakaway effort to develop a new artificial intelligence venture, xAI, by diverting talent and resources from Tesla's own AI initiative.

  • June 13, 2024

    Costco Hides Lower In-Store Prices, Online Shopper Says

    Costco was hit with a proposed class action in Washington federal court Wednesday alleging the warehouse retailer falsely promises online shoppers it'll notify them when an item sold online is more expensive than the same item available for in-store purchase, but regularly fails to do so.

  • June 13, 2024

    Clearview AI Makes 'Unique' BIPA Deal Tied To Future Value

    Plaintiffs in multidistrict litigation targeting Clearview AI's allegedly unlawful practice of "scraping" internet photos to collect biometric facial data told an Illinois federal judge on Wednesday they have struck a "unique" deal giving the class a stake in the company's future growth.

  • June 13, 2024

    9th Circ. Doubts SPAC Investors Can Sue Lucid Over Merger

    A Ninth Circuit panel appeared skeptical Thursday of investors' bid to revive a proposed class action alleging that Lucid duped them into buying stock in a special-purpose acquisition company ahead of the electric-vehicle maker's $11.75 billion merger, with two of three judges doubting that the SPAC investors have standing to sue.

  • June 13, 2024

    Chinese Officials Promise Response On EV Tariffs

    A Chinese Foreign Ministry official told reporters on Thursday that Beijing "will take all measures necessary" to combat planned European Union tariffs on its electric-vehicle exports, after Brussels announced preliminary countervailing duty rates of up to 38.1%.

  • June 13, 2024

    Subway Can't Nix Arb. Award To Family Of Murdered Worker

    A Texas appellate panel on Wednesday declined to vacate an arbitration award to the family of a woman killed while working at Subway after rejecting Subway's argument the neutral arbitrator's Facebook posts complaining about State Farm and its attorneys are evidence of bias, finding neither are involved in the underlying case in any way.

  • June 13, 2024

    Chamber Asks DC Circ. To Reject EPA's PFAS Designation

    Three business groups, spearheaded by the U.S. Chamber of Commerce, have gone to the D.C. Circuit to challenge the U.S. Environmental Protection Agency's recent decision to declare two "forever chemicals" to be hazardous materials under federal law.

  • June 13, 2024

    SEC's Gensler Rethinking AI Advising, Crypto Custody Regs

    U.S. Securities and Exchange Commission Chair Gary Gensler told senators Thursday that the agency could rewrite a pair of proposals governing broker-dealers' use of artificial intelligence and the handling of customers' cryptocurrency assets in the wake of "robust" feedback from both supporters and naysayers.

  • June 13, 2024

    CVS Dodges Discovery Audit In Generic Drug Collusion Suit

    A federal judge declined to make CVS hire a forensic auditor to evaluate its compliance with information demands in a lawsuit alleging it colluded with drugmakers to keep Medicare beneficiaries from accessing certain generic drugs, despite a whistleblower bemoaning "woefully deficient" discovery on the pharmacy chain's part.

  • June 13, 2024

    GOP Lawmakers Want China Patent Data Amid Tech Pact Talks

    Republican lawmakers are urging the U.S. Commerce Department to provide a full accounting of whether the U.S. government has funded research that resulted in Chinese patents, arguing they need the data to assess potential national security risks as the Biden administration negotiates a new science and technology agreement with China.

  • June 13, 2024

    Tesla Shareholders Approve Musk's Compensation Package

    Tesla's shareholders voted to approve a multibillion-dollar compensation plan for CEO Elon Musk, the company's top lawyer announced Thursday during a meeting in which investors also approved moving the company's incorporation from Delaware to Texas.

  • June 13, 2024

    Chegg Directors, Auditor Beat Academic Cheating Lawsuit

    Delaware's Court of Chancery has issued a failing grade to a stockholder of online book and study aid giant Chegg Inc. who accused the company of operating as a cheating service for students, dismissing the case for lack of supporting facts.

  • June 13, 2024

    Fintech Remitly Hires Ex-Google Compliance Chief

    Remitly has hired Google's former chief compliance officer to run global compliance and enterprise risk programs at the remittance service, bringing his experience that includes risk leadership positions at TD Ameritrade, Vanguard and Goldman Sachs.

  • June 13, 2024

    Red Roof Had 'Revolving Door' For Trafficking, Ga. Jurors Told

    A former Red Roof Inn Inc. employee and the leader of a nonprofit testified Thursday about sex trafficking they saw take place at two metro Atlanta Red Roof Inn locations as part of a landmark civil trial in which 11 women allege the company knew trafficking was taking place at the locations and did nothing to stop it.

  • June 13, 2024

    Pryor Cashman Aided Developer Fraud, Owes $5.7M, Cos. Say

    New York-based law firm Pryor Cashman LLP has been hit with a $5.7 million lawsuit in state court accusing it of aiding and abetting fraud while representing a real estate developer by allegedly providing false information to another party in a transaction involving a Manhattan property.

  • June 13, 2024

    Vero Biotech Tried To 'String Along' Safety Monitor, Suit Says

    Georgia-based medical device maker Vero Biotech LLC reneged on a payment plan with a consulting firm hired to monitor its products, according to a lawsuit filed in Massachusetts state court on Wednesday.

  • June 13, 2024

    Blackstone's $10B AIR Buy Gets Nod From Top 2 Proxy Firms

    Denver-based Apartment Income REIT Corp.'s shareholders have recommendations from the two leading proxy advisory firms to approve an agreement to sell off the real estate investment trust to private equity giant Blackstone for $10 billion, the company announced June 13. 

  • June 13, 2024

    Contentious Del. Corporate Law Changes Sail Through Senate

    After triggering rare public dissent, a multipart Delaware General Corporation Law amendment that would let boards cede some governance rights to big stockholders whisked through the state's Senate on Thursday without debate or an opposing vote, with a House vote expected as early as next week.

Expert Analysis

  • Series

    Walking With My Dog Makes Me A Better Lawyer

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    Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.

  • Navigating SPAC Market Challenges For Microcap Issuers

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    For microcap issuers, the special-purpose acquisition vehicle market tells a cautionary tale in which few targets attain the advantages they seek, and important considerations for companies with market capitalization of under $300 million include negotiating costs and expenses upfront to avoid becoming saddled with debt, say attorneys at Lucosky Brookman.

  • Key Issues Raised By Colorado's Brain Data Privacy Bill

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    Colorado recently became the first state to provide consumer privacy protections for data generated from a person's brain waves, and despite the bill’s ambiguity and open questions introduced, the new law has helped turn the spotlight on neurodata, says Sara Pullen Guercio at Alston & Bird.

  • Chanel TM Ruling Shows Resellers Must Tread Carefully

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    The Southern District of New York's recent jury verdict in Chanel v. What Goes Around Comes Around, in which Chanel brought trademark infringement and false association claims, serves as a reminder that businesses must routinely ensure their practices are protected by the first sale and fair use doctrines, say Stephen Barrett and Gabriela Rios at Wilson Elser.

  • Birkin Bag Case Carries Competition Lessons For Retailers

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    A recently proposed antitrust class action alleging that Hermès violated federal and California law when selling its iconic Birkin and Kelly handbags highlights some issues that other brands and retailers should consider, particularly given a prevailing landscape that seems to prioritize antitrust scrutiny, say attorneys at Holland & Knight.

  • Think Like A Lawyer: Follow The Iron Rule Of Trial Logic

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    Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.

  • Circuit Split Brews Over Who's A Securities Seller Under Act

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    A Securities Act section that creates private liability for the sale of an unregistered security is rapidly becoming a favored statute for plaintiffs to wield against participants in both the digital asset and traditional securities markets, but the circuit courts have diverged on who may be held liable for these violations, say Jeffrey L. Steinfeld and Daniel Aronsohn at Winston & Strawn.

  • Breaking Down EPA's Rule On PFAS In Drinking Water

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    Last week, the U.S. Environmental Protection Agency finalized the first enforceable federal drinking water regulation for PFAS, which, along with reporting and compliance requirements for regulated entities, will have a number of indirect effects, including increased cleanup costs and the possible expansion of existing Superfund sites, say attorneys at Morgan Lewis.

  • Banks Have Won Syndicated Loan Battle, But Not The War

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    Though the U.S. Supreme Court's recent denial of certiorari in Kirschner v. JPMorgan preserves the status quo that syndicated loans are not securities, the U.S. Securities and Exchange Commission's discomfort suggests that the underlying issues have not been fully resolved, say attorneys at Crowell & Moring.

  • The Art Of Asking: Leveraging Your Contacts For Referrals

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    Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.

  • Compliance Strategies To Mitigate 3 New Areas Of AI Risk

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    The era of artificial intelligence-assisted corporate crime is here, but several concrete mitigation strategies can allow companies to address the new, rapidly evolving threats posed by deepfakes, information barrier evasion and AI model manipulation, say attorneys at Debevoise.

  • Refresher On Employee Qualifications For Summer Interns

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    Before companies welcome interns to their ranks this summer, they should consider the extent to which the interns may be entitled to the same legal protections as employees, including the right to be paid for their hours worked and to receive at least minimum wage and overtime, says Kate LaQuay at Munck Wilson.

  • The Drawbacks Of Banking Regulators' Merger Review Plans

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    Recent proposals for bank merger review criteria by the Office of the Comptroller of the Currency and Federal Deposit Insurance Corp. share common pitfalls: increased likelihood of delays, uncertainties, and new hurdles to transactions that could impede the long-term safety and soundness of the banks involved, say attorneys at WilmerHale.

  • Opinion

    The FTC's Noncompete Rule Is Likely Dead On Arrival

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    The Federal Trade Commission's April 23 noncompete ban ignores the consequences to the employees it claims to help — but the rule is unlikely to go into effect provided the ideological makeup of the U.S. Supreme Court remains the same, say Erik Weibust and Stuart Gerson at Epstein Becker.

  • Unpacking The Bill To Extend TCJA's Biz-Friendly Tax Breaks

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    Attorneys at Skadden examine how a bipartisan bill currently being considered by the U.S. Senate to save the Tax Cuts and Jobs Act's tax breaks for research and development costs, and other expiring business-friendly provisions, would affect taxpayers.

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