Corporate

  • October 21, 2024

    Ex-CFO Almost Pleads Guilty Before Snafu Snags Hearing

    The former chief financial officer of a Detroit nonprofit admitted in Michigan federal court on Monday that he is guilty of siphoning more than $40 million from the organization, but the plea hearing was derailed and adjourned after his attorney flagged an issue with the plea agreement to the court.

  • October 21, 2024

    Hooters, EEOC Strike Deal To End Post-COVID Rehiring Suit

    Hooters will pay $250,000 to resolve a U.S. Equal Employment Opportunity Commission lawsuit claiming it failed to bring back most of its Black employees when it reopened a North Carolina restaurant during the COVID-19 pandemic, according to a filing in federal court Monday.

  • October 21, 2024

    Ontrak Jury Lacked Key Compliance Instruction, Judge Told

    Counsel for convicted Ontrak founder Terren Peizer urged a California federal judge Monday to grant a new trial in the healthcare executive's novel insider trading case, saying jurors weren't properly instructed that they should acquit if Peizer's $20 million share sale was blessed by a compliance officer.

  • October 21, 2024

    Ogletree Shareholder Who Went In-House 'Returning Home'

    Communications company WPP Group USA's vice president and counsel for the Americas rejoined Ogletree Deakins Nash Smoak & Stewart PC on Monday as a labor and employment shareholder, the firm said.

  • October 21, 2024

    Eversheds Sutherland Adds NCAA Veteran To Education Team

    Eversheds Sutherland announced Monday that it has added the former associate director of enforcement for the National Collegiate Athletic Association to bolster its higher education services and its global sports practice.

  • October 21, 2024

    News Corp. Subsidiaries Hit AI Co. With Copyright Suit

    The publishers behind the Wall Street Journal and the New York Post have said in a new lawsuit that an artificial intelligence company is ripping off the news organizations' work, saying the AI company's "answer engine" has copied huge amounts of copyrighted material.

  • October 21, 2024

    DJI Challenges DOD's Chinese Military Co. Designation

    Drone manufacturer DJI has challenged its listing as a Chinese military company in D.C. federal court, saying the U.S. Department of Defense's designation was supported by "scattershot" reasoning and has harmed the company's finances and reputation.

  • October 21, 2024

    McGuireWoods Adds Healthcare Atty From Cooley In NY

    McGuireWoods LLP has added a digital health expert from Cooley LLP, aiming to boost its offerings for clients in the space combining healthcare services with information and communications technology, the firm announced Monday.

  • October 21, 2024

    Food Giant Yum Taps 20-Year Vet As CLO Amid Top Atty's Exit

    Erika Burkhardt, who has been a lawyer with fast food giant Yum! Brands Inc. for 20 years, is being promoted to chief legal officer of the company, whose brands include Pizza Hut, Kentucky Fried Chicken and Taco Bell.

  • October 21, 2024

    20-Year FBI Vet Joins Motion Picture Association In California

    A former supervisory special agent with the FBI has joined the Motion Picture Association in Los Angeles to work as vice president of the group's content protection enforcement for the Americas region, and for its Alliance for Creativity and Entertainment, according to a Monday announcement.

  • October 21, 2024

    Fla. Dept.'s Ex-GC Says Gov.'s Office Directed TV Ad Letters

    The former general counsel for the Florida Department of Health said Monday that he was directed by Gov. Ron DeSantis' office to send out letters threatening television stations with criminal prosecution if they did not pull a campaign ad promoting an abortion rights ballot initiative.

  • October 21, 2024

    Catalent CEO Defends Novo Deal, Will Stay On After Buyout

    Catalent CEO Alessandro Maselli told the medical company's customers Monday that Catalent will continue to support them following its planned $16.5 billion sale to Novo Holdings, seeking to assure clientele after Sen. Elizabeth Warren and advocacy groups pressured the Federal Trade Commission to scrutinize and potentially block the deal.

  • October 18, 2024

    Law360 MVP Awards Go To Top Attys From 74 Firms

    The attorneys chosen as Law360's 2024 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.

  • October 18, 2024

    Employment Authority: 500th Starbucks Unionizes

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on a look at the 500th Starbucks successful unionization efforts, tips for employers to get ready for the second salary increase for the Fair Labor Standards Act's overtime exemption and a look at California's law preserving the intersectionality in its anti-discrimination laws. 

  • October 18, 2024

    Walmart Scores Quick Appeal In FTC's Money Transfer Suit

    An Illinois federal judge refused Friday to reconsider a prior decision trimming the Federal Trade Commission's suit alleging Walmart facilitated fraud through its money transfer services, while allowing Walmart to seek interlocutory review regarding the FTC's litigating authority. 

  • October 18, 2024

    FTC Appeals Noncompete Ban Loss To 5th Circ.

    The Federal Trade Commission gave notice Friday that it would seek Fifth Circuit intervention against a Texas federal judge's decision to block its ban on employment noncompete agreements.

  • October 18, 2024

    Judge Slams 'Lazy Lawyering' In Amazon Biometric Data Suit

    The judge overseeing a proposed biometric privacy class action against Amazon Web Services Inc. in Delaware federal court chastised the plaintiffs' counsel for identically repleading a previously dismissed claim, calling the move "lazy lawyering" and warning of potential ramifications for "lying to the court."

  • October 18, 2024

    Chancery Keeps Better Therapeutics SPAC Suit Alive

    A Delaware vice chancellor on Friday refused to dismiss a suit challenging the take-public merger of now-defunct Better Therapeutics, saying the investors have sufficiently pleaded direct breach of fiduciary duty claims against the medical technology business' special purpose acquisition company partner and its directors.

  • October 18, 2024

    False Ad Suit Trimmed Over 'Non-Drowsy' Albertsons Meds

    An Illinois federal judge on Thursday refused to strike class claims that Albertsons markets and sells cough medicine labeled as "non-drowsy" that does in fact cause drowsiness, but threw out breach of warranty claims because the lead plaintiff failed to give the company adequate notice before filing suit.

  • October 18, 2024

    Cos. Say Brokerage Startup's NAR Listing Rules Suit Is Stale

    HomeServices of America Inc. and HSF Affiliates LLC told a Utah federal court on Friday to toss a residential brokerage startup's antitrust suit that accused them, multiple brokerages and the National Association of Realtors of conspiring to block the startup from NAR's multiple listing services.

  • October 18, 2024

    FTC Won't Disqualify ALJ in H&R Block False Ad Fight

    The Federal Trade Commission denied a request by H&R Block to stop an administrative law judge from overseeing a proceeding that accuses the tax preparation company of deceptive advertising, saying Friday that ALJs don't have unconstitutional job protections as the company claimed.

  • October 18, 2024

    Credit Suisse, PwC Fight Bondholders' Separate Merger Suits

    Credit Suisse and PwC have urged a New York federal judge to toss a proposed class action alleging that they concealed the impact of quarterly losses and the bank's inability to retain client funds leading up to its takeover by UBS AG, saying the plaintiff launched the suit to circumvent its rejected bid to be lead plaintiff in a similar suit.

  • October 18, 2024

    Judge Tosses Ex-Cushman & Wakefield GC's Defamation Suit

    An Illinois federal judge on Friday threw out a defamation lawsuit brought by the former general counsel of real estate firm Cushman & Wakefield over a Law.com article written about his departure, which he claimed made it seem like he had been fired for his job performance.

  • October 18, 2024

    Chinese National Admits To Smuggling Semiconductor Tech

    A Chinese national has pled guilty in California federal court to illegally exporting U.S. semiconductor technology to a blacklisted Chinese company, according to an announcement from the U.S. Department of Justice.

  • October 18, 2024

    Enforcers Fight RealPage Transfer Bid In Rent-Fixing Case

    Enforcers urged a North Carolina federal court not to transfer the government's antitrust case against RealPage to the Tennessee court overseeing similar private cases, saying Congress has made it clear that public antitrust actions should not be roped into multidistrict litigation.

Expert Analysis

  • Justices' Starbucks Ruling May Limit NLRB Injunction Wins

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    The U.S. Supreme Court’s recent decision in Starbucks v. McKinney, adopting a more stringent test for National Labor Relations Board Section 10(j) injunctions, may lessen the frequency with which employers must defend against injunctions alongside parallel unfair labor practice charges, say David Pryzbylski and Colleen Schade at Barnes & Thornburg.

  • Del. Dispatch: 27.6% Stockholder Not A Controller

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    The Delaware Court of Chancery's recent decision in Sciannella v. AstraZeneca — which found that the pharma giant, a 26.7% stockholder of Viela Bio Inc., was not a controller of Viela, despite having management control — shows that overall context matters when challenging transactions on breach of fiduciary duty grounds, say attorneys at Fried Frank.

  • Takeaways From EU's Initial Findings On Apple's App Store

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    A deep dive into the European Commission's recent preliminary findings that Apple's App Store rules are in breach of the Digital Markets Act reveal that enforcement of the EU's Big Tech law might go beyond the literal text of the regulation and more toward the spirit of compliance, say William Dolan and Pratik Agarwal at Rule Garza.

  • 25 Years Of OECD's Anti-Bribery Convention

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    Marking its 25th anniversary this year, the Organization for Economic Cooperation and Development's anti-bribery convention has advanced legislative reforms and reshaped corporate conduct in dozens of countries amid the persistent challenges of uneven enforcement and political pressure, say attorneys at Debevoise.

  • Cyber Incident Response Checklist For SEC Compliance

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    In light of recent guidance from the U.S. Securities and Exchange Commission, which clarified the distinction between two types of cybersecurity incident disclosures, companies should align their materiality assessment, incident response and disclosure control processes to bolster compliance and provide a measure of protection, say attorneys at Troutman Pepper.

  • Series

    After Chevron: Bid Protest Litigation Will Hold Steady For Now

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    Though the substantive holding of Loper Bright is unlikely to affect bid protests because questions of statutory interpretation are rare, the spirit of the U.S. Supreme Court's decision may signal a general trend away from agency deference even on the complex technical issues that often arise, say Kayleigh Scalzo and Andrew Guy at Covington.

  • Dueling Calif. Rulings Offer Insight On 401(k) Forfeiture Suits

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    Two recent decisions from California federal courts regarding novel Employee Retirement Income Security Act claims around 401(k) forfeitures provide early tea leaves for companies that may face similar litigation, offering reasons for both optimism and concern over the future direction of the law, say Ashley Johnson and Jennafer Tryck at Gibson Dunn.

  • 1 Year At The UPC: Implications For Transatlantic Disputes

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    In its first year, the Unified Patent Court has issued important decisions on procedures like provisional measures, but complexities remain when it comes to coordinating proceedings across jurisdictions like the U.S. due to differences in timelines and discovery practices, say attorneys at McDermott.

  • Opinion

    H-2 Visas Offer Humane, Economic Solution To Border Crisis

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    Congress should leverage the H-2 agricultural and temporary worker visa programs to match qualified migrants with employers facing shortages of workers — a nonpolitical solution to a highly divisive humanitarian issue, say Ashley Dees and Jeffrey Joseph at BAL.

  • PAGA Reforms Encourage Proactive Employer Compliance

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    Recently enacted reforms to California's Private Attorneys General Act should make litigation under the law less burdensome for employers, presenting a valuable opportunity to streamline compliance and reduce litigation risks by proactively addressing many of the issues that have historically attracted PAGA claims, say attorneys at Mintz.

  • Opinion

    Now More Than Ever, Lawyers Must Exhibit Professionalism

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    As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.

  • Series

    After Chevron: Piercing FEMA Authority Is Not Insurmountable

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    While the Federal Emergency Management Agency's discretionary authority continues to provide significant protection from claims under the Administrative Procedure Act, Loper Bright is a blow to the argument that Congress gave FEMA unfettered discretion to administer its own programs, says Wendy Huff Ellard at Baker Donelson.

  • A Look At State AGs Supermarket Antitrust Enforcement Push

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    The ongoing antitrust intervention by state attorneys general in the proposed Kroger and Albertsons merger suggests that states are straying from a Federal Trade Commission follow-on strategy in the supermarket space, which involved joining federal investigations or lawsuits and settling for the same divestment remedies, say attorneys at Troutman Pepper.

  • How To Survive Shareholder Activism

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    In an era where shareholder activism is on the rise, companies must identify weaknesses, clearly communicate strategies, update board composition and engage with shareholders consistently in order to avoid disruptive shareholder activism and safeguard the interests of both the company and its shareholders, say J.T. Ho at Orrick and Greg Taxin at Spotlight Advisors.

  • 'Outsourcing' Ruling, 5 Years On: A Warning, Not A Watershed

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    A New York federal court’s 2019 ruling in U.S. v. Connolly, holding that the government improperly outsourced an investigation to Deutsche Bank, has not undercut corporate cooperation incentives as feared — but companies should not completely ignore the lessons of the case, say Temidayo Aganga-Williams and Anna Nabutovsky at Selendy Gay.

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