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September 03, 2024
Alaska Says Nothing's Changed As Flyers Try Merger 'Do-Over'
Alaska Airlines wants a nixed flyer challenge to its $1.9 billion purchase of Hawaiian Airlines to stay nixed, telling a Hawaii federal judge that declarations from the plaintiffs about their travel plans could have been submitted months ago and are "too little, too late" to overcome the judge's ruling that they had no standing.
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September 03, 2024
Biz Groups Fail In 2nd Try To Stop NJ Temp Worker Law
A New Jersey law strengthening protections for temporary workers will stay in place because halting it would create more harm than good, a New Jersey federal judge ruled, turning down a renewed bid by staffing industry associations to pull the emergency brake on the law.
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September 03, 2024
Holland & Knight Taps EY Exec For Expanded C-Suite Role
Holland & Knight LLP announced Tuesday the addition of a longtime Ernst & Young executive as chief business development and marketing officer, a new position where he'll be tasked with driving growth and bolstering the firm's brand.
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September 03, 2024
Kirkland Brings On Ex-Goldman Sachs Debt Finance Pro In NY
Kirkland & Ellis LLP said Tuesday it has added an experienced debt finance partner in New York who most recently worked as a managing director for Goldman Sachs, in the firm's latest move to bulk up its structured finance and structured private credit practice.
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September 03, 2024
NFL Senior VP Rejoins Robins Kaplan's White Collar Practice
B. Todd Jones, a former senior vice president and special counsel for conduct for the NFL, has returned to Robins Kaplan as a partner in its Minneapolis and New York offices, the firm announced Tuesday.
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September 03, 2024
Catching Up With Delaware's Chancery Court
Last week in Delaware's court of equity, an iconic rock band got a new member, former President Donald Trump's social media company escaped a contempt ruling, and litigation grew over Illumina Inc.'s $8 billion reacquisition of cancer-testing company Grail Inc. New cases touched on intellectual property, mergers, share transfers and dump trucks. In case you missed it, here's the latest from Delaware's Court of Chancery.
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September 03, 2024
Paul Weiss Adds Ex-Fried Frank Atty To Lead Fund Finance
Paul Weiss Rifkind Wharton & Garrison LLP has added an asset management specialist previously with Fried Frank Harris Shriver & Jacobson LLP as head of its fund finance group, the firm announced Tuesday.
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September 03, 2024
NFL Sunday Ticket Subscribers Appeal $4.7B Verdict Reversal
The subscribers to the NFL's Sunday Ticket broadcast package whose $4.7 billion class action jury award was thrown out and antitrust claims erased by a federal judge last month are appealing the rulings to the Ninth Circuit.
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September 03, 2024
Founder Of Gibson Dunn Privacy Practice Joins McDermott
McDermott Will & Emery on Tuesday announced the firm added litigator Alexander Southwell, a former federal prosecutor who founded and co-led the privacy, cybersecurity and data innovation practice at Gibson Dunn & Crutcher LLP.
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September 03, 2024
Trump Loses Renewed Bid To Take Hush Money Case Federal
A New York federal court on Tuesday denied former President Donald Trump's bid to move the state's hush money case against him to federal court, ruling that the U.S. Supreme Court's July holding laying out grounds for immunity did not sway his opinion that the payments were "unofficial acts."
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September 03, 2024
'Price Of Innovation': Young Legal Tech Startups Lack Security
Many early-stage legal tech startups don't initially meet law firms' security requirements, and instead are focused on product development and marketing, according to legal industry experts.
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September 03, 2024
Paul Hastings Adds Ex-Goodwin Tech M&A Partner In Boston
Paul Hastings LLP announced Tuesday that it has strengthened the firm's global mergers and acquisitions capabilities and emerging companies and venture capital practice by hiring a former Goodwin Procter LLP partner for its Boston office.
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August 30, 2024
Chancery Prunes $2.1M From Atty Fee Bid In Sculptor Merger
Class attorneys who helped secure a 14.4%, or $80.8 million, improvement in proceeds from Sculptor Capital Management's sale to Rithm Capital Corp. — plus a $6.5 million common fund — saw their $5.75 million fee proposal cut to $3.6 million in Delaware's Court of Chancery Friday.
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August 30, 2024
3M Swept 'Forever Chemicals' Under The Rug, Buyers Say
3M Co. and two chemical companies sold stain- and dirt-repellents made with so-called forever chemicals to carpet manufacturers without disclosing the health risks posed by the chemicals, which were then installed in millions of homes and businesses, according to a proposed consumer class action filed Friday in Minnesota federal court.
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August 30, 2024
CrowdStrike VP Called To House Hearing On Global IT Outage
A U.S. House of Representatives subcommittee will dig into the faulty CrowdStrike software update that caused a massive global tech outage, revealing plans Friday for a September hearing that will feature testimony from a senior executive at the cybersecurity firm.
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August 30, 2024
Align Tech Cuts $27.5M Antitrust Deal With 1.45M Consumers
A proposed class of nearly 1.45 million SmileDirectClub teeth-aligner buyers urged a California federal judge Thursday to preliminarily sign off on Align Technologies Inc.'s $27.5 million cash and coupon settlement to resolve antitrust claims alleging the company colluded with the now-bankrupt SmileDirecClub to illegally restrict competition.
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August 30, 2024
Flight Training Co. Can't Ditch Crash Liability Suit, Judge Says
An Illinois federal judge said Friday that a Florida flight training provider must face claims that it negligently trained the crew members who were aboard a Global Air-operated Cubana de Aviación flight that crashed in Cuba in May 2018, killing 113 people.
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August 30, 2024
RTX Corp. To Settle Engineers' No-Poach Class Claims
RTX Corp. on Friday announced a nascent class action settlement in a lawsuit accusing its Pratt & Whitney division of orchestrating an agreement among five aerospace engineering suppliers not to hire one another's employees, a move that follows a $26.5 million settlement between the employees and the five other firms.
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August 30, 2024
Real Estate Recap: RealPage, Vacancies, New Construction
Catch up on this week's key developments by state from Law360 Real Estate Authority — including interpretation of the RealPage antitrust suit, the latest on U.S. office vacancies and plans for a new Miami tower.
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August 30, 2024
5th Circ. Rejects SEC Whistleblower Award Calculation Appeal
The Fifth Circuit on Friday rejected petitions by two whistleblowers who allege that the U.S. Securities and Exchange Commission shortchanged them after they helped to uncover purportedly the largest fraud in Texas history, by a company that was driven into bankruptcy.
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August 30, 2024
Cisco Hit With $65.7M Verdict For Infringing Paltalk Patent
A Western District of Texas jury hit Cisco Systems with a $65.7 million verdict on Thursday for directly infringing Paltalk's patent related to hybrid audio servers, finding that Cisco infringed and failed to prove certain claims were invalid.
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August 30, 2024
Employment Authority: Teamsters Targets Key Amazon Hub
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on an ambitious union drive at an Amazon air facility in Kentucky that could change labor's lack of success with the online retail behemoth, how a post-Chevron landscape led to the death of a U.S. Department of Labor tip rule, and mistakes that employers should avoid when placing workers on performance improvement plans.
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August 30, 2024
Period Tracker App Users Seek Class Cert. In Data-Selling Suit
Users of the menstrual cycle tracking app Flo Health Inc. are seeking class certification in their suit against Flo, Google and Meta, telling a California federal judge the proposed class would include millions of users whose personal health information was sold to the ad giants without consent.
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August 30, 2024
NC Justices Scrap Mogul's Bid To Block Financial Overseer
The North Carolina Supreme Court blocked a bid by convicted insurance mogul Greg Lindberg to stave off a takeover of his finances as part of a legal battle with an insurer seeking to collect a $524 million arbitration award.
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August 30, 2024
Alvarez & Marsal Appoints Tax Experts As Managing Directors
Alvarez & Marsal Tax LLC appointed tax experts from Anderson and Deloitte as its new managing directors, the firm announced.
Expert Analysis
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Jarkesy May Thwart Consumer Agencies' Civil Penalty Power
The U.S. Supreme Court's ruling in U.S. Securities and Exchange Commission v. Jarkesy not only implicates future SEC administrative adjudications, but those of other agencies that operate similarly — and may stymie regulators' efforts to levy civil monetary penalties in a range of consumer protection enforcement actions, say attorneys at Holland & Knight.
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Lessons From Recent SEC Cyber Enforcement Actions
The recent guidance by the SEC's Division of Corporation Finance is helpful to any company facing a cybersecurity threat, but just as instructive are the warnings raised by the SEC's recent enforcement actions against SolarWinds, R.R. Donnelley and Intercontinental Exchange, say attorneys at O'Melveny.
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Tips For Tax Equity-Tax Credit Transfers That Pass IRS Muster
Although the Internal Revenue Service has increased its scrutiny of complex partnership structures, which must demonstrate their economic substance and business purpose, recent cases and IRS guidance together provide a reliable road map for creating legitimate tax equity structures, say Ian Boccaccio and Michael Messina at Ryan Tax.
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2nd Circ. Ruling Reaffirms Short-Swing Claims Have Standing
The Second Circuit's recent ruling in Packer v. Raging Capital reversing the dismissal of a shareholder's Section 16(b) derivative suit seeking to recover short-swing profits for lack of constitutional standing settles the uncertainty of the district court's decision, which could have undercut Congress' intent in crafting Section 16(b) in the first place, say attorneys at Simpson Thacher.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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DOJ Paths To Limit FARA Fallout From Wynn's DC Circ. Win
After the D.C. Circuit’s recent Attorney General v. Wynn ruling, holding that the government cannot compel retroactive registration under the Foreign Agents Registration Act, the U.S. Department of Justice has a few options to limit the decision’s impact on enforcement, say attorneys at MoFo.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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Opinion
USPTO AI Patent Guidance Leaves Questions Unanswered
The U.S. Patent and Trademark Office’s recent guidance on artificial intelligence patent eligibility is unlikely to answer many of the open questions that AI patent applicants face, as it includes nominally new analysis that applicants can adopt to analyze their inventions, say attorneys at Fenwick & West.
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Gilead Drug Ruling Creates Corporate Governance Dilemma
If upheld, a California state appellate court's decision — finding that Gilead is liable for delaying commercialization of a safer HIV drug to maximize profits on another drug — threatens to undermine long-standing rules of corporate law and exposes companies to liability for decisions based on sound business judgment, says Shireen Barday at Pallas.
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Class Action Law Makes An LLC A 'Jurisdictional Platypus'
The applicability of Section 1332(d)(10) of the Class Action Fairness Act is still widely misunderstood — and given the ambiguous nature of limited liability companies, the law will likely continue to confound courts and litigants — so parties should be prepared for a range of outcomes, says Andrew Gunem at Strauss Borrelli.
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Jarkesy Ruling May Redefine Jury Role In Patent Fraud
Regardless of whether the U.S. Supreme Court’s Jarkesy ruling implicates the direction of inequitable conduct, which requires showing that the patentee made material statements or omissions to the U.S. Patent and Trademark Office, the decision has created opportunities for defendants to argue more substantively for jury trials than ever before, say attorneys at Cadwalader.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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How Justices' E-Rate Decision May Affect Scope Of FCA
The U.S. Supreme Court’s eventual decision in Wisconsin Bell v. U.S., determining whether reimbursements paid by the E-rate program are "claims" under the False Claims Act, may affect other federal programs that do not require payments to be made by the U.S. Department of the Treasury, says David Colapinto at Kohn Kohn.
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Series
After Chevron: Don't Let Loper Lead To Bank Compliance Lull
Banking organizations are staring down a period of greater uncertainty over the next few years as the banking agencies and industry navigate the post-Chevron world, but banks must continue to have effective compliance programs in place even in the face of this unpredictability, say Lee Meyerson and Amanda Allexon at Simpson Thacher.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.