Corporate

  • December 03, 2024

    Attys For Sears Ex-CEO, Appraisal Camp Clash In Chancery

    A lawyer for Sears Hometown and Outlet Stores' former top fiduciary told a Delaware vice chancellor on Tuesday that case law does not support carving out stockholder proceeds from a fiduciary breach settlement in order to pay shareholders whose separate appraisal lawsuit was foiled by SHOS' bankruptcy.

  • December 03, 2024

    4 Mass. State Court Rulings You May Have Missed In Nov.

    An age discrimination case was undone by the fine print of an employment agreement, while an "utterly inadequate" document search led to a five-figure sanctions order, among other notable recent decisions in Massachusetts state court.

  • December 03, 2024

    US-China Feud Simmers As Beijing Unveils New Export Curbs

    The Chinese government on Tuesday banned exports of several critical minerals to the U.S., citing national security concerns, a day after the Biden administration announced new restrictions of its own targeting Beijing's semiconductor operations.

  • December 03, 2024

    Former FirstEnergy CEO Rips SEC's 'Belated' Suit Against Him

    Former FirstEnergy Corp. chief executive officer Charles Jones slammed the U.S. Securities and Exchange Commission's enforcement action against him over his alleged part in the company's widely publicized bribery scandal relating to its nuclear program, calling the suit "belated" and arguing the agency failed to back up its claims.

  • December 03, 2024

    No Standing In 'Threadbare' Voice Assistant Suit, Google Says

    Google wants a D.C. federal judge to toss a lawsuit accusing the tech giant of blocking rival voice assistant products from running on Android and other devices, contending that the complaint has failed to articulate an injury "with even a modicum of detail."

  • December 03, 2024

    Robotics Co. Hit With Investor Suit Over Accounting Errors

    Investors in supply chain automation company Symbotic on Tuesday accused executives of hiding faulty accounting processes, prompting financial reporting errors that tanked the company's stock when the issues came to light.

  • December 03, 2024

    Trump Argues Immunity Extends To Local Prosecutions

    President-elect Donald Trump told the New York state judge presiding over his hush money case that the criminal charges and guilty verdict should be thrown out, arguing in an expansive motion released Tuesday that allowing a local prosecution to proceed would upset the republic's balance of power.

  • December 03, 2024

    Judge Trims Fraud Claims From Mead Johnson Formula Suit

    An Illinois federal judge on Monday partially granted a bid by Mead Johnson to toss a class action alleging at least seven types of infant formula it sold contained undisclosed heavy metals, throwing out some warranty and fraud claims and claims related to products the lead plaintiff didn't purchase, but allowing the rest of the complaint to move forward.

  • December 03, 2024

    Exelon Promotes Ex-FERC Commissioner To Top Legal Role

    Utility company Exelon Corp. announced Tuesday that a former Reed Smith LLP partner and former member of the Federal Energy Regulatory Commission has been named its next chief legal officer, and also said it's also expanding the top legal role.

  • December 03, 2024

    Blank Rome Beats Subpoenas Seeking Attys' Comp Info

    A Philadelphia federal judge on Tuesday tossed subpoenas that would have compelled Blank Rome LLP to share compensation information regarding three of its attorneys who are facing a malicious prosecution lawsuit, a day after the firm moved to quash the subpoenas.

  • December 03, 2024

    Celsius Founder Cops To Fraud That Sunk $25B Crypto Lender

    Celsius Network founder Alex Mashinsky told a Manhattan federal judge Tuesday that he lied when he told the public that the fallen $25 billion crypto lender's tokens were a safe investment, pleading guilty to fraud charges ahead of a January criminal trial.

  • December 03, 2024

    Exelon Asks For Corp. AMT To Account For Repairs Deduction

    Power companies should be allowed to account for an industry-specific tax deduction on repair costs to determine whether they're subject to the corporate alternative minimum tax, utility giant Exelon said in a comment letter to the U.S. Treasury Department released Tuesday.

  • December 03, 2024

    OneTaste Execs Say Former Member's Journals Fabricated

    Two former OneTaste executives facing forced labor conspiracy charges claim a former employee's journals were fabricated for a Netflix documentary about the sexual wellness company and were further edited by an FBI agent before being produced to the defense in discovery.

  • December 03, 2024

    CFPB Pitches Plan For Tighter Regulation Of Data Brokers

    In a late push before the Biden administration's end, the Consumer Financial Protection Bureau moved Tuesday to clamp down on the so-called data broker industry with a new draft rule that pivots off existing credit reporting protections for consumers.  

  • December 02, 2024

    Apple Accused Of Gagging Workers, Spying On Their IPhones

    A manager at Apple claims the tech giant is stomping on employees' rights by forbidding discussion of coworkers' compensation and encouraging the use of personal iPhones at work so that it can snoop on workers, according to a lawsuit lodged Monday in California state court.

  • December 02, 2024

    Government Mole Faces Tough Cross From Madigan's Atty

    An attorney for former Illinois House Speaker Michael Madigan got his chance Monday to question the ex-Chicago alderman who recorded his client while cooperating with the government, pushing him to admit that Madigan never explicitly conditioned his support on legal business for his law firm or told the alderman to vote against developers who didn't hire him for tax work.

  • December 02, 2024

    SEC Crypto Cases To Face Review Under Trump

    President-elect Donald Trump's promises of a friendlier approach to the digital asset industry means a review is coming for the U.S. Securities and Exchange Commission's controversial crypto suits, but experts agreed that this doesn't mean enforcement actions in the space will grind to a halt.

  • December 02, 2024

    McDonalds Can't Nix $10B Bias Suit Despite 'Close Call'

    A California federal judge has refused to hand a summary judgment win to either party in Byron Allen's $10 billion lawsuit alleging that McDonald's Corp. discriminates against Black-owned media companies, finding that the discrimination allegations are a "close call" involving factual disputes that must be decided at trial.

  • December 02, 2024

    Investor Alleges Medical Device Co. Misled On FDA Clearance

    The executives and directors of dialysis equipment company Outset Medical Inc. have been hit with a shareholder derivative suit in California federal court alleging they allowed the company to market its product without proper clearance from the U.S. Food and Drug Administration.

  • December 02, 2024

    Newsom Wants $25M For Expected Legal Fights With Trump

    California Gov. Gavin Newsom announced Monday that he wants up to $25 million for litigation and legal fights he foresees with the administration of President-elect Donald Trump, kicking off the first day of a special session the state Legislature held at the governor's request after Trump's win.

  • December 02, 2024

    Meta Can't Dodge $25M Fine For Wash. Election Ads

    Facebook parent company Meta must pay $25 million in fines for repeatedly running afoul of Washington state's political advertising transparency law, a state appellate panel ruled Monday, finding the technology giant's free speech rights were not violated by being forced to comply with the law.

  • December 02, 2024

    Bank, Payment Processor Look To Sink Chargeback Fee Suit

    Esquire Bank NA and a payment processor it sponsors have asked a New York federal judge to toss all but one of an online merchant's proposed class action claims over a fee provision in their contract, arguing as a mediation date looms that most of the merchant's claims are either duplicative or inapplicable.

  • December 02, 2024

    Chancery OKs Pruned $2.3M Fee For Info Tech Co. Suit

    A Delaware vice chancellor on Monday cut $1.7 million from a $4 million fee sought by attorneys whose suit overturned corporate governance concessions that information technology company N-able Inc. granted to its lead investors, citing partial overlaps with an earlier, high-profile case.

  • December 02, 2024

    DOJ, AGs Back Block Of ESPN Sport Streaming JV At 2nd Circ.

    The Justice Department and a group of Democratic state attorneys general are backing a lower court injunction against a sports-only streaming service from ESPN, Fox and Warner Bros. Discovery, telling the Second Circuit the sports giants can't claim they have a right to refuse dealing with rivals after joining forces.

  • December 02, 2024

    Chancery OKs $21M Deal To End Gene Co. Class Suit

    A $21 million settlement of stockholder challenges to a blank check company's take-public merger with clinical data and genomics company Sema4 Holdings in July 2021 won Delaware Court of Chancery approval Monday, with nearly $4.1 million carved out for attorney fees.

Expert Analysis

  • Applying High Court's Domestic Corruption Rulings To FCPA

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    After the U.S. Supreme Court narrowed the domestic corruption statutes in three decisions over the past year and a half, it’s worth evaluating whether these rulings may have an impact on Foreign Corrupt Practices Act enforcement, and if attorneys can use the court’s reasoning in international bribery cases, says James Koukios at MoFo.

  • Antitrust In Retail: Why FTC Is Studying 'Surveillance Pricing'

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    The Federal Trade Commission's decision to study targeted "surveillance pricing" should provide greater clarity into the nature of the data aggregation industry, but also raises several issues, including whether these practices are in fact illegal under any established interpretations of U.S. antitrust law, say attorneys at Holland & Knight.

  • Mental Health First Aid: A Brief Primer For Attorneys

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    Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.

  • Licensing And Protections For Voice Actors In The Age Of AI

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    While two recently enacted California laws and other recent state and federal legislation largely focus on protecting actors and musicians from the unauthorized use of their digital likenesses by generative artificial intelligence systems, the lesser-known community of professional voice actors also stands to benefit, says attorney Scott Mortman.

  • Series

    Calif. Banking Brief: All The Notable Legal Updates In Q3

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    In the third quarter of the year, California continued to be at the forefront of banking regulation as it enacted legislation on unfair banking practices and junk fees, and the state Department of Financial Protection and Innovation notably initiated enforcement actions focused on crypto-assets and student loan debt relief, say Stuart Richter and Eric Hail at Katten.

  • John Deere Penalty Shows Importance Of M&A Due Diligence

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    The U.S. Securities and Exchange Commission's recent $10 million penalty against John Deere underscores the risks of not conducting robust preacquisition due diligence and not effectively integrating a new subsidiary into the existing compliance framework, say attorneys at Ropes & Gray.

  • Opinion

    FTC's Report Criticizing Drug Middlemen Is Flawed

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    The Federal Trade Commission's July report, which claims that pharmacy benefit managers are inflating drug costs, does not offer a credible analysis of PBMs, and its methodology lacks rigor, says Jay Ezrielev at Elevecon.

  • 2 High Court Securities Cases Could Clarify Pleading Rules

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    In granting certiorari in a pair of securities fraud cases against Facebook and Nvidia, respectively, the U.S. Supreme Court has signaled its intention to align interpretations of the heightened pleading standard under the Private Securities Litigation Reform Act amid its uneven application among the circuit courts, say attorneys at V&E.

  • Series

    NY Banking Brief: All The Notable Legal Updates In Q3

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    In a relatively light few months for banking legal updates in New York, the state Department of Financial Services previewed its views on banking sector artificial intelligence use via insurer guidance, and an anti-money laundering enforcement action underscored the importance of international monitoring processes, say Eric McLaughlin and Dana Bayersdorfer at Davis Polk.

  • Series

    Collecting Art Makes Me A Better Lawyer

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    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.

  • Del. Dispatch: Cautionary Tales Of 2 Earnout Effort Breaches

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    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.

  • Series

    A Day In The In-House Life: Best Egg CLO Talks Power Of Prep

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    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.

  • The Trade And Tax Issues Behind US-Canada Digital Tax Clash

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    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.

  • Secret Service Failures Offer Lessons For Private Sector GCs

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    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.

  • Opinion

    Bill Is Key To Protecting US Economy From Patent Piracy

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    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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