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September 26, 2024
2nd Circ. Denies Jury Trial In Abbott Labs Gray Market Case
A man and his wife involved in the sale of gray market diabetes test strips on Tuesday were unable to persuade the Second Circuit to undo the $33.4 million judgment they owe to Abbott Laboratories after a federal judge stripped them of their right to a jury trial.
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September 26, 2024
Helicopter-Maker Claims Supplier Had 'Reliability Issues'
A former Fort Worth, Texas-based Bell Helicopter Textron Inc. engineer claimed a supplier at the center of a $100 million trade secrets lawsuit delivered parts that had "reliability issues," saying Thursday during a trial in Texas state court that the supplier had long-standing problems.
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September 26, 2024
Google Happy Hour Counts As Work For Injured Employee
A New York appeals panel held Thursday that a Google account executive was acting in the scope of his employment when he was hit by two e-bikes while traveling home from a team happy hour, granting workers' compensation benefits for his injuries.
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September 26, 2024
Visa Case Continues Antitrust Focus On 'Middlemen'
The antitrust case filed by the U.S. Department of Justice against Visa on Tuesday is the administration's latest attack on commercial "middlemen" that enforcers say contribute to high consumer prices by using their dominance to charge inflated fees.
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September 26, 2024
New UFC Settlement Separates Cases, Ups Payout To $375M
The UFC and its fighters have reached a revised settlement that upsizes the payout to $375 million, resolving a portion of their long dispute over wages and leaving claims from a similar class action unresolved, the organization said Thursday.
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September 26, 2024
J&J Is 'Forum-Shopping' In New Spinoff Ch. 11, Trustee Says
The U.S. Department of Justice's bankruptcy watchdog has asked a judge to send the latest Johnson & Johnson talc-liability spinoff bankruptcy to New Jersey, saying Thursday that J&J subsidiary Red River Talc's Chapter 11 petition in the Southern District of Texas is an "assault on the very integrity of the bankruptcy system" and amounts to forum-shopping.
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September 26, 2024
Smartmatic, Newsmax Settle Defamation Suit In Delaware
Voting technology company Smartmatic USA Corp. and Newsmax Media Inc. have settled a post-2020 presidential election defamation suit slated to go to trial in Delaware's Superior Court on Monday.
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September 26, 2024
Conn. Jury Finds Oil Trader Guilty In Petrobras Bribery Scheme
A Connecticut federal jury convicted a former oil trader on charges that he sent millions in bribes through an intermediary to officials at Brazilian state oil giant Petroleo Brasileiro, capping a three-week trial on Thursday.
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September 26, 2024
Rutgers GC Moves Closer To NJ High Court Bench
The New Jersey state Senate Judiciary Committee moved forward Rutgers general counsel John Hoffman's nomination to the state Supreme Court at a Thursday hearing marked by bipartisan support and virtually unanimous praise for his character.
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September 26, 2024
Southwest Airlines Touts Big Changes Amid Activist Pressure
Southwest Airlines on Thursday revealed a number of developments key to a "transformational" plan meant to drive revenue growth as the airline faces pressure from activist investor Elliott Investment Management, including the appointment of a new director and a $2.5 billion repurchase program.
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September 26, 2024
Robinhood Arbitration Pact Not Obvious To Users, Judge Says
Robinhood Financial LLC cannot show that a user who claims the platform failed to notify him of important developments regarding his investments was made aware of an arbitration clause buried in the company's user agreement, a Massachusetts state court judge said.
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September 26, 2024
Boies Schiller Hires Partners From MoFo, Holland & Knight
Boies Schiller Flexner LLP has added two partners in New York City and Washington, D.C., including a familiar face who rejoins the firm as co-leader of the investigations and white collar team, the firm said Thursday.
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September 26, 2024
NY Appeals Court Casts Doubt On $489M Trump Judgment
Judges on a New York state appeals court expressed skepticism Thursday of a $489 million civil fraud judgment against Donald Trump, his sons, companies and their executives, raising the prospect that the fine awarded to the attorney general could be reduced or vacated.
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September 26, 2024
Judge Tosses Hyundai EV Battery Trade Secrets Suit
A California federal judge threw out a trade secrets suit brought against Hyundai Motor Co. by a startup company claiming it misappropriated its electric vehicle battery technology and violated a nondisclosure agreement, ruling that the Golden State is not the proper venue for the claims against the South Korean automaker.
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September 25, 2024
SEC Fines Alphabet, Others Over Stock Ownership Reports
Alphabet Inc., Goldman Sachs and several other entities and individuals were hit with a combined total of over $3.8 million in penalties on allegations they failed to report information about their holdings and transactions in a timely manner, the U.S. Securities and Exchange Commission announced Wednesday.
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September 25, 2024
In-House Counsel To Play Central Role At AI Cos., VCs Say
Venture capital firms expect in-house counsel at artificial intelligence companies to play a bigger role in their businesses due to regulatory uncertainties around AI, while a professor who helped pioneer the technology warned that transparency of commercial AI businesses should be "top of mind," attorneys heard at the seventh annual Berkeley Law AI Institute Wednesday.
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September 25, 2024
Ohio Train Derailment Plaintiffs Win Final OK Of $600M Deal
An Ohio federal judge on Wednesday gave her final blessing to a $600 million settlement resolving claims brought by residents and others affected by the Norfolk Southern train derailment and toxic chemical spill in East Palestine, Ohio, last year.
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September 25, 2024
DoorDash, Uber Eats, Grubhub Win NYC Diner Data Law Row
A New York federal judge on Tuesday granted DoorDash Inc. and other food delivery app companies a win in their lawsuit challenging a New York City law requiring delivery services to provide restaurants with certain customer info, ruling that the law is unconstitutional.
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September 25, 2024
Ex-Cognizant Worker Says Co. 'Mandate' Was To Hire Indians
A former employee at Cognizant Technology testified Wednesday as a witness for a class of former employees alleging the company discriminates against non-Indian workers, and said he believes the company did not just have a preference for hiring workers from India through the H-1B visa program, but that it was "a mandate."
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September 25, 2024
Feds Urge Judge Not To Ax Novel Insider Trading Conviction
Prosecutors have hit back at former Ontrak CEO Terren Peizer's bid to ax his first-of-its-kind insider trading conviction and score a new trial, telling a California federal judge that the jury had all the information it needed to find Peizer guilty in June.
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September 25, 2024
Bumble Investor Says Dating App Overhyped Premium Model
A Bumble Inc. investor has launched a proposed securities class action in Texas federal court accusing the dating app's parent company of misleading investors about its financial outlook and success of a "premium plus" subscription tier, and causing a dramatic decline in Bumble's common stock price.
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September 25, 2024
Walgreens' TM Suit Can Proceed Against Founder's Relative
Walgreen Co. can move forward with its trademark infringement suit against the great-grandson of the company's founder for operating Walgreen Health Solutions after an Illinois federal judge denied his motion to dismiss, finding the drugstore chain has shown a likelihood of confusion between the two brands.
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September 25, 2024
7th Circ. May Seek Ill. High Court Input In Amazon Wage Row
A Seventh Circuit judge appeared inclined Wednesday to let the Illinois Supreme Court weigh in on whether Illinois' minimum wage law incorporates a similar limitation created by an amendment to the Fair Labor Standards Act that clarifies preliminary activities like COVID-19 screenings aren't compensable.
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September 25, 2024
Terrorism Victims Sue For Share Of $4.3B Binance Plea
The U.S. government must put the $4.3 billion it obtained in its money laundering and sanctions violations case against Binance toward a federal fund for victims of state-sponsored terrorism, a new lawsuit in D.C. federal court alleges.
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September 25, 2024
3rd Circ. Backs Tossing MetLife Suit Over Drug Rebates
The Third Circuit upheld MetLife's defeat of a lawsuit alleging it kept drug rebate profits for itself instead of lowering workers' health benefit plan costs, saying Wednesday the workers leading the suit hadn't shown they were harmed by missing out on speculative savings.
Expert Analysis
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25 Years Of OECD's Anti-Bribery Convention
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.
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Cyber Incident Response Checklist For SEC Compliance
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.
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Series
After Chevron: Bid Protest Litigation Will Hold Steady For Now
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.
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Dueling Calif. Rulings Offer Insight On 401(k) Forfeiture Suits
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.
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1 Year At The UPC: Implications For Transatlantic Disputes
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.
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Opinion
H-2 Visas Offer Humane, Economic Solution To Border Crisis
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.
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PAGA Reforms Encourage Proactive Employer Compliance
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.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
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.
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Series
After Chevron: Piercing FEMA Authority Is Not Insurmountable
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.
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A Look At State AGs Supermarket Antitrust Enforcement Push
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.
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How To Survive Shareholder Activism
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.
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'Outsourcing' Ruling, 5 Years On: A Warning, Not A Watershed
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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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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Big Business May Come To Rue The Post-Administrative State
Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.
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Series
After Chevron: A Sea Change For Maritime Sector
The shipping industry has often looked to the courts for key agency decisions affecting maritime interests, but after the U.S. Supreme Court's Loper Bright ruling, stakeholders may revisit important industry questions and coordinate to bring appropriate challenges and shape rulemaking, say attorneys at Holland & Knight.