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June 25, 2024
NY Judge Partially Lifts Trump Gag Order Ahead Of Sentence
The Manhattan judge overseeing former President Donald Trump's hush-money case on Tuesday vacated key parts of a gag order intended to shield jurors and witnesses from his verbal attacks, although an order protecting the jurors' identities remains in place.
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June 25, 2024
Oracle Can Seek PAGA Arbitration, Calif. Panel Says
A California appellate panel said Oracle could compel two workers' 7-year-old individual Private Attorneys General Act wage claims into arbitration, holding that the arbitration agreements couldn't have been enforced until after the U.S. Supreme Court issued the Viking ruling in 2022.
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June 24, 2024
Chevron's $120M Trial Loss Reinstated By Calif. Appeals Court
A California appellate court says Chevron cannot get another trial after a jury found it liable for the negligent operation of an oil field, overturning a lower court's ruling that the company was entitled to a new trial because a juror failed to disclose a decades-old criminal conviction.
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June 24, 2024
PacifiCorp To Pay Another $150M To Resolve Wildfire Claims
PacifiCorp will shell out another $150 million to roughly 380 plaintiffs resolving "substantially all individual claims" stemming from the 2020 Slater wildfire in California, the company announced Monday, adding to the hundreds of millions of dollars the utility has already paid over wildfire-related claims.
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June 24, 2024
Bill Pay Co. Tricks Consumers With 'Dark Patterns,' Suit Says
Third-party bill payment company Doxo Inc. and two of its co-founders have been hit with a proposed class action alleging the company uses so-called dark patterns to trick consumers into using its website to pay other companies' bills online.
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June 24, 2024
Tesla Class Attys In Del. Blast Musk's Texas Pay-Salvage Plan
Tesla stockholder attorneys who won a Delaware Court of Chancery order voiding Elon Musk's then-$56 billion compensation package in January have asked the court to reject company claims that recent stockholder approval of the same Musk pay plan after Tesla's reincorporation in Texas "has controlling and preclusive effect."
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June 24, 2024
Justices Will Weigh Liability Of Corporate Affiliates In TM Row
The U.S. Supreme Court will review whether a real estate development company's corporate affiliates should be responsible for a $46.6 million trademark infringement judgment — even though they were not defendants — in a case attorneys said Monday could have ramifications beyond the Lanham Act.
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June 24, 2024
AI Cos. Hit With Copyright Claims From Music Labels
Two artificial intelligence startups are facing copyright litigation by Sony Music Entertainment and a group of major record labels, claiming they rip off artists' songs without getting consent.
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June 24, 2024
Toyota Accused Of Misleading Investors Over Emission Tests
Toyota and its top brass misled investors by understating in U.S. Securities and Exchange Commission filings its role in falsifying emissions and fuel-economy data, which led to a drop in stock price when the truth came out, according to a proposed class action filed Monday in California federal court.
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June 24, 2024
Harvard Prof Calls NFL Sunday Ticket 'Highly Anticompetitive'
A Harvard law professor testified Monday in a multibillion-dollar antitrust lawsuit over the NFL's Sunday Ticket that pooling teams' television rights into exclusive deals is not like Beyoncé having an exclusive music distributor — as an NFL expert testified — but like Beyoncé, Rihanna, Taylor Swift and Billie Eilish pooling rights.
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June 24, 2024
Apple, Amazon Assail Hagens Berman's Class Rep 'Charade'
Apple and Amazon.com blasted Hagens Berman Sobol Shapiro LLP for trying to "have it both ways" in an antitrust suit over a pact between the companies restricting Amazon iPhone and iPad sales to approved vendors, arguing the firm cannot withdraw its original named plaintiff without forcing him to testify.
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June 24, 2024
Boeing Says Turbulent Securities Suit Should Be Dismissed
Boeing has moved to dismiss a proposed securities fraud suit in Virginia federal court accusing it of misleading investors about the overall safety of its 737 Max jets, saying that the plaintiffs' "kitchen-sink" approach falls short of pleading requirements.
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June 24, 2024
Sirius XM Made Millions Off Hidden Royalty Fee, Suit Alleges
Sirius XM Radio Inc. has been tricking customers into paying an extra 21% every month by tacking a hidden "royalty fee" onto bills, according to a new proposed class action alleging that the fee is responsible for every bit of the company's profits for the last several years.
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June 24, 2024
Judge Blocks Part Of DOL Construction Prevailing Wage Rule
A Texas federal judge on Monday blocked parts of a U.S. Department of Labor rule changing how prevailing wages are determined for federally funded construction projects from going into effect, saying the department had overstepped its authority under the Davis-Bacon Act.
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June 24, 2024
Fintech Exec Gets 45 Months For Crypto Market Manipulation
A Florida federal judge on Monday sentenced the CEO of fintech company Hydrogen Technology Corp. to more than three years in prison for his role in a conspiracy to manipulate the market for Hydrogen's digital assets.
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June 24, 2024
Red Roof Ignored Years Of Trafficking, Victim Tells Ga. Jurors
The corporate owners of two metro Atlanta Red Roof Inn locations knew about and ignored trafficking at the hotels, a woman who said she had been trafficked at the two hotels and others in the surrounding area for six years told Georgia federal jurors Monday.
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June 24, 2024
O'Melveny Adds Katten Credit Finance Trio In California
An experienced trio of finance attorneys who specialize in private credit transactions has jumped from Katten Muchin Rosenman LLP to O'Melveny & Myers LLP in California, the firm said Monday.
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June 24, 2024
Catching Up With Delaware's Chancery Court
Amendments to Delaware's General Corporation Law topped the news out of the Court of Chancery again last week, as the hotly contested measure sailed through the state's legislature. Tesla and its shareholders continued their tug-of-war over attorney fees for Chancery litigation about Elon Musk's pay package, and new cases were filed involving biotechs, car rental companies, workout platforms, telecom towers, and a cargo ship fire in Brazil.
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June 24, 2024
DOL Still Mulling Changes To Pension De-Risking Guidance
The U.S. Department of Labor told Congress in a new report Monday it hasn't ruled out changing guidance used by retirement plan managers when selecting an annuity provider for pension de-risking transactions, which involve the exchange of defined benefit pension plan liabilities for annuity insurance contracts.
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June 24, 2024
Google's Brin, Pichai Must Face Texas Ad Tech Depos
Google CEO Sundar Pichai is bound for the deposition chair for four hours of testimony while company co-founder Sergey Brin is facing two and a half hours after a Texas federal judge refused Friday to spare the executives from a state enforcer antitrust lawsuit targeting the search giant's digital advertising placement technology.
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June 24, 2024
CSG Ups Purchase Price For Vista's Kinetic Group To $2B
Marking the latest update in its bid to scoop up Vista Outdoor Inc.'s various businesses, Czech defense company Czechoslovak Group AS has raised its proposal to purchase Vista's sporting products division to $2 billion, a $90 million increase over the original price lobbed by the defense company back in October.
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June 24, 2024
2nd Circ. Reopens Insider Trading Suit Against Hedge Fund
The Second Circuit on Monday revived a lawsuit accusing hedge fund Raging Capital Management LLC of profiting off its position as a corporate insider of 1-800-Flowers, rejecting arguments that a recent U.S. Supreme Court ruling overturned circuit precedent allowing shareholders to sue beneficial owners who partake in short-swing trading.
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June 24, 2024
High Court To Review $46.6M Award Over 'Dewberry' TM Fight
The U.S. Supreme Court on Monday granted a real estate development company's request to review a $46.6 million trademark infringement award that petitioners argued violated federal law by making its corporate affiliates responsible for the amount.
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June 24, 2024
Apple Becomes 1st Target Of New EU Digital Markets Law
European authorities provisionally accused Apple's App Store of violating its new digital antitrust law designed to curtail the power of Big Tech, claiming the iPhone maker's guidelines unfairly prevent developers from steering consumers to alternative platforms.
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June 21, 2024
Quinn Emanuel Rips Columbia's 'Utterly Meritless' Filing Bid
Quinn Emanuel Urquhart & Sullivan LLP told the Federal Circuit on Friday that Columbia University's bid to introduce a former Norton Lifelock computer scientist's declaration claiming the company's former lawyers at the firm are lying about his refusal to testify in the school's decade-long $600 million patent case is "utterly meritless."
Expert Analysis
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A Recipe For Growth Equity Investing In A Slow M&A Market
Carl Marcellino at Ropes & Gray discusses the factors bolstering appetite for growth equity fundraising in a depressed M&A market, and walks through the deal terms and other ingredients that set growth equity transactions apart from bread-and-butter venture capital investing.
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Opinion
SEC Doesn't Have Legal Authority For Climate Disclosure Rule
Instead of making the required legal argument to establish its authority, the U.S. Securities and Exchange Commission's climate-related disclosure rule hides behind more than 1,000 references to materiality to give the appearance that its rule is legally defensible, says Bernard Sharfman at RealClearFoundation.
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What 100 Federal Cases Suggest About Changes To Chevron
With the U.S. Supreme Court poised to overturn or narrow its 40-year-old doctrine of Chevron deference, a review of 100 recent federal district court decisions confirm that changes to the Chevron framework will have broad ramifications — but the magnitude of the impact will depend on the details of the high court's ruling, say Kali Schellenberg and Jon Cochran at LeVan Stapleton.
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Patent Damages Jury Verdicts Aren't Always End Of The Story
Recent outcomes demonstrate that patent damages jury verdicts are often challenged and are overturned approximately one-third of the time, and successful verdict challenges typically occur at the appellate level and concern patent validity and infringement, say James Donohue and Marie Sanyal at Charles River.
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FTC Noncompete Rule May Still Face Historical Hurdles
The Federal Trade Commission's final rule banning noncompetes might face challenges that could have been avoided with more cautious consideration of the commission's long history of failed lawsuits that went beyond the agency's statutory authority, as well as the mountain of judicial precedent justifying noncompete agreements in employment contracts, say attorneys at BakerHostetler.
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Justices' Title VII Ruling Requires Greater Employer Vigilance
The U.S. Supreme Court’s recent Muldrow v. St. Louis ruling expands the types of employment decisions that can be challenged under Title VII, so employers will need to carefully review decisions that affect a term, condition or privilege of employment, say attorneys at Morgan Lewis.
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Opinion
SEC Should Be Allowed To Equip Investors With Climate Info
The U.S. Securities and Exchange Commission's new rule to require more climate-related disclosures will provide investors with much-needed clarity, despite opponents' attempts to challenge the rule with misused legal arguments, say Sarah Goetz at Democracy Forward and Cynthia Hanawalt at Columbia University’s Sabin Center for Climate Change.
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Why High Court May Have Rejected IP Obviousness Appeal
Attorneys at Womble Bond analyze possible reasons the U.S. Supreme Court rejected Vanda Pharmaceuticals' request to review the Federal Circuit’s reasonable expectation of success standard for determining obviousness, including that the court was unpersuaded by the company's argument that Amgen v. Sanofi places a bind on drug developers.
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New Federal Bill Would Drastically Alter Privacy Landscape
While the recently introduced American Privacy Rights Act would eliminate the burdensome patchwork of state regulations, the proposed federal privacy law would also significantly expand compliance obligations and liability exposure for companies, especially those that rely on artificial intelligence or biometric technologies, says David Oberly at Baker Donelson.
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How Cos. Can Comply With New PFAS Superfund Rule
The U.S. Environmental Protection Agency's new rule designating two per- and polyfluoroalkyl substances as "hazardous substances" under the Superfund law will likely trigger additional enforcement and litigation at sites across the country — so companies should evaluate any associated reporting obligations and liability risks, say attorneys at Alston & Bird.
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Ill. Justices' Ruling Answers Corporate Defamation Questions
The Illinois Supreme Court's recent unanimous decision in Project44 v. FourKites provides needed certainty and direction for lower courts considering defamation cases involving communications to corporate officers from third parties outside the corporation, which could result in fewer unwarranted motions to dismiss in trial courts and nonmeritorious appeals, says Phillip Zisook at Schoenberg Finkel.
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As Arbitrator Bias Claims Rise, Disclosure Standards Evolve
The growth in post-award challenges based on arbitrators' alleged conflicts of interest has led to the release of new guidance and new case law on the topic — both supporting the view that professional familiarity alone does not translate to a lack of impartiality, say attorneys at Skadden.
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Social Media Free Speech Issues Are Trending At High Court
The U.S. Supreme Court's recent decision examining what constitutes state action on social media can be viewed in conjunction with oral arguments in two other cases to indicate that the court sees a need for more clarity regarding how social media usage implicates the First Amendment, say attorneys at Kean Miller.
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Opinion
CFPB Could, And Should, Revise Open Banking Rulemaking
In light of continued global developments in open banking, the Consumer Financial Protection Bureau should evaluate whether it actually should use its proposed rule on Section 1033 of the Dodd-Frank Act to amplify personal financial data rights in the U.S., says Brian Fritzsche at the Consumer Bankers Association.
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How Cos. Can Protect IP In Light Of FTC Noncompete Rule
While several groups are challenging the Federal Trade Commission’s recently approved rule banning noncompetition agreements, employers should begin planning other ways to protect their valuable trade secrets, confidential information and other intellectual property, says Thomas Duston at Marshall Gerstein.