Corporate

  • November 12, 2024

    Pencil Importer Rebuts Commerce's Transformation Analysis

    A pencil importer told the U.S. Court of International Trade that the federal government was wrong to implement duties on pencils made from Chinese raw materials when they are made into finished products in the Philippines.

  • November 12, 2024

    Amazon Harassing Drivers Via Discovery Demand, Court Told

    Amazon is harassing delivery drivers with an overly broad request for documents including a decade's worth of tax returns and cellphone records, and its request should be tailored to reflect that many claims in an 8-year-old lawsuit were recently nixed, the workers told a Washington federal court.

  • November 12, 2024

    Former FTX Top Atty Joins Lowenstein Sandler In NY

    Lowenstein Sandler LLP announced Tuesday that the former general counsel at crypto exchange FTX will join the firm's New York office as a partner and chair of its new commodities, futures and derivatives practice group.

  • November 12, 2024

    Paul Hastings Commits To Texas With New Office Leases

    More than 12 years after first hanging a shingle in Houston and months after opening a Dallas outpost, Paul Hastings announced Tuesday that it had ambitious plans to continue its recent expansion in Texas with the signing of two commercial leases to boost the firm's capabilities in the Lone Star State.

  • November 12, 2024

    Freddie Mac Gets Partial Win In SEC Probe Coverage Dispute

    Government-backed mortgage buyer Freddie Mac cannot obtain coverage solely because its employees received subpoenas from the U.S. Securities and Exchange Commission, a D.C. federal court ruled while also holding that the lender's excess insurers cannot challenge a lower-layer insurer's coverage determination.

  • November 12, 2024

    DOJ Suing To Block UnitedHealth Unit's $3.3B Amedisys Deal

    The U.S. Department of Justice and four U.S. states filed a lawsuit Tuesday seeking to block UnitedHealth Group's Optum unit from going through with its planned $3.3 billion purchase of Amedisys Inc., arguing the deal will harm competition in the home health and hospice services. 

  • November 12, 2024

    LIV Golf Taps New Top Atty As PGA Tour Deal Saga Persists

    Saudi Arabia-backed upstart golf league LIV Golf, which last year agreed to combine with the PGA Tour in a bombshell move to end antitrust and contract litigation between them, on Tuesday announced that it had hired a chief legal officer.

  • November 12, 2024

    TikTok Refused To Pay Sales Reps Overtime, Court Told

    TikTok misclassified its inside sales representatives as overtime-exempt and declined to pay them overtime wages despite their often clocking in far more than 40 hours per week, two former employees told a California federal court.

  • November 12, 2024

    Trump's NY Case Paused As DA Weighs Impact Of Election

    A New York state judge agreed to a joint motion to freeze the proceedings in Donald Trump's hush money case following his electoral victory last week, allowing the Manhattan district attorney time to brief the court on "appropriate steps going forward."

  • November 12, 2024

    High Court Turns Away Appeal From 'Insider' Hedge Fund

    The U.S. Supreme Court on Tuesday declined to take up hedge fund Raging Capital Management LLC's petition to review whether its status as a large investor in 1-800-Flowers should leave it vulnerable to a derivative suit claiming it made illegal swing-trades.

  • November 08, 2024

    Apple Didn't Hire Cercacor CTO To Steal Watch IP, Ex-VP Says

    A retired Apple executive defended the tech giant Friday in Masimo's trade secret suit over pulse oximetry technology, testifying in California federal court that Apple didn't hire a Masimo spinoff's chief technology office in order to obtain confidential information for the Apple Watch and never received any such information.

  • November 08, 2024

    1st Circ. Affirms Order Ending Jet Blue-American Partnership

    The First Circuit backed a lower court decision blocking a partnership between JetBlue and American Airlines that it found substantially diminished competition in the domestic air travel market, saying it found no error in the district judge's thorough review of the deal that could revive the venture.

  • November 08, 2024

    Real Estate Recap: Trump, Big 4, Office Demand?

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including how the next Trump administration could affect commercial real estate, where the Big Four brokers saw traction in Q3 and an interesting anomaly in the distressed office market.

  • November 08, 2024

    BCBS Hit With $12.7M Verdict In Worker's Vax Mandate Suit

    A Michigan federal jury on Friday awarded $12.69 million to a former Blue Cross Blue Shield of Michigan employee who said she was fired after her employer failed to accommodate her religious beliefs, which she said prevented her from getting the COVID-19 vaccine.

  • November 08, 2024

    Telefónica Venezuela Unit To Pay $85.3M To End FCPA Probe

    A Telefónica SA's Venezuela subsidiary has agreed to pay $85.26 million to resolve a Foreign Corrupt Practices Act criminal investigation alleging the Spanish telecommunications giant bribed Venezuelan officials with cash, a Caribbean vacation and expensive jewelry to fix an auction swapping local currency for stronger U.S. dollars, prosecutors announced.

  • November 08, 2024

    Employment Authority: How Trump's Win May Impact NLRB

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage of how President-elect Donald Trump's second term could affect the National Labor Relations Board, lead to limits on workplace diversity, equity and inclusion programs and cause shifts in wage-and-hour policies that favor employers.

  • November 08, 2024

    Fla. Apparel Distributor Sues Gap Over $378M Bait-And-Switch

    A South Florida-based apparel distribution company has brought a $378 million counter-complaint against Gap Inc. in California state court, alleging the clothing retailer threatened to sabotage an initial public offering after pulling a bait-and-switch by sending millions of dollars of oversized, unsellable garments and ruin relationships with existing customers.

  • November 08, 2024

    Fla. Law Firm Gunster To Pay $8.5M Over 2022 Data Breach

    Florida corporate law firm Gunster has agreed to shell out $8.5 million to resolve a proposed class action alleging it failed to properly safeguard the personal information of nearly 10,000 clients, employees, and other individuals from cybercriminals, according to a motion to preliminarily approve the deal filed in Florida federal court.

  • November 08, 2024

    Meet The Attys Arguing Nvidia Securities Case At High Court

    Two former BigLaw colleagues and a onetime Consumer Financial Protection Bureau litigator are set to appear before the U.S. Supreme Court on Wednesday to argue a closely watched case that could change the pleading standards shareholders have to meet to sue companies like Nvidia Corp.

  • November 08, 2024

    Up Next At High Court: Self-Deportation Deadlines & Murder

    The U.S. Supreme Court will be closed Monday for Veterans Day, but the justices will return to the bench Tuesday to consider whether a 60-day deadline for immigrants to voluntarily leave the country has a grace period and what evidence is needed to allege securities fraud.

  • November 08, 2024

    Invesco To Pay SEC $17.5M Over Misleading ESG Statements

    Invesco Advisers Inc. agreed to pay $17.5 million to settle U.S. Securities and Exchange Commission charges that the investment adviser made misleading statements about the percentage of its assets that incorporated so-called ESG factors into investment decisions.

  • November 08, 2024

    5 Ways Trump's Election Could Change Employee Benefits

    Donald Trump's election to a second term as president has attorneys preparing for potentially significant changes to tax, investment and health policy that could directly affect the administration of employee benefit plans. 

  • November 08, 2024

    Ill. AG Strikes $11M Deal With DoorDash Over Driver Tips

    DoorDash has agreed to pay $11.25 million to resolve a lawsuit accusing it of violating Illinois consumer protection law by misrepresenting to its users that drivers would keep 100% of their tips, according to a consent decree reached with the state.

  • November 08, 2024

    Ex-Elanco IP Lawyer Lodges Gender Discrimination Suit

    A female former in-house intellectual property lawyer at Elanco Animal Health Inc. sued the pharmaceutical company for gender discrimination in Indiana federal court, alleging she was passed over for a promotion in favor of a less qualified man who later mistreated the women on staff.

  • November 08, 2024

    SEC Sues Ex-Fed Examiner For Insider Trading On Bank Stocks

    The U.S. Securities and Exchange Commission filed suit against a former senior banking supervisor with the Richmond Federal Reserve Bank, accusing him of insider trading on stocks of New York Community Bancorp and Capital One Financial Corp.

Expert Analysis

  • Why K-Cup Claims Landed Keurig In Hot Water With SEC

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    The U.S. Securities and Exchange Commission's recent settlement with Keurig Dr. Pepper for making incomplete statements regarding the recyclability of K-cup pods highlights the importance of comprehensive corporate disclosures, particularly with respect to ESG matters, say attorneys at BCLP.

  • Predicting Shareholder Activism Trends In New Trump Admin

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    While President-elect Donald Trump has promised tax policies, deregulation and lax antitrust enforcement — which all fuel shareholder activism — a closer look at his first administration's track record suggests that his second presidency might be a mixed bag for activist investors and companies alike, say attorneys at Sidley.

  • Destination Skiing And The DOJ's Mountain Merger Challenge

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    Attorneys at Robins Kaplan consider what the U.S. Department of Justice's second request for information portends for Alterra's acquisition of Colorado's Arapahoe Basin ski area, exploring the potential consequences for market definition, industry consolidation and the transformation of the lift ticket market.

  • Putting NYDFS AI Cybersecurity Guidance Into Practice

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    New guidance from the New York Department of Financial Services explains how financial institutions should assess and mitigate cybersecurity risks associated with artificial intelligence, focusing on four main threats and highlighting how varying environments require specific mitigation measures, say attorneys at Saul Ewing.

  • Copyright Questions Surround AI Music Platform Suits

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    If recent lawsuits filed by the Recording Industry Association of America against two artificial intelligence music platform developers — who maintain that use of copyrighted works to train AI models constitutes fair use — go to trial, this novel issue will make for potentially precedent-setting decisions, says intellectual property lawyer Eric Lane.

  • Promoting Diversity In The Selection Of ADR Neutrals

    Excerpt from Practical Guidance
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    Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.

  • Opinion

    In Visa Case, DOJ Continues To Misapply The Sherman Act

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    The recent U.S. Department of Justice debit market monopolization case against Visa fuels concerns that a misguided Biden administration DOJ is inappropriately expanding its interpretation of the Sherman Antitrust Act beyond the demonstrable economic effects that business conduct has on consumers, says Shubha Ghosh at Syracuse University.

  • Series

    Playing Ultimate Makes Us Better Lawyers

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    In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron. 

  • Dissecting New Circuit Split Over SEC's Proxy Adviser Rule

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    The Sixth Circuit recently upheld the U.S. Securities and Exchange Commission's partial rescission of enhanced conflict-of-interest disclosure requirements for proxy voting advice businesses, creating a circuit split over broader questions concerning the standard for assessing the legality of agency actions in general, say attorneys at Cahill Gordon.

  • Curious Case Of FTC's Amicus Brief In Teva Fed. Circ. Appeal

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    Attorneys at BCLP explore the Federal Trade Commission's backing of Amneal's Orange Book-delisting efforts on Teva ahead of a key Federal Circuit hearing in a case between the two pharmaceutical companies, and wonder if the FTC amicus brief indicates a future trend, especially in the next administration.

  • E-Discovery Quarterly: Recent Rulings On Metadata

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    Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.

  • Parsing SEC's Emerging Trend Of Section 204A Enforcement

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    The U.S. Securities and Exchange Commission recently settled with Sound Point Capital Management for violating Section 204A of the Investment Advisers Act, adding to a slew of charges against investment advisers that allegedly failed to safeguard material nonpublic information, say attorneys at Cozen O'Connor.

  • Comparing Antitrust Outlooks Amid Google Remedy Review

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    As the U.S. Justice Department mulls potential structural remedies after winning its recent case against Google, increased global scrutiny of Big Tech leaves ex post and ex ante antitrust approaches ripe for evaluation, say Nishant Chadha at the Indian School of Business and Manisha Goel at Pomona College.

  • SEC Rulemaking Radar: The View From Election Day

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    The U.S. Securities and Exchange Commission seems poised to tackle many of the remaining items on its most recent Regulatory Flexibility Agenda by early 2025, despite the presidential election and the potential for a new chair to be nominated soon, say attorneys at Goodwin.

  • How The Presidential Election Will Affect Workplace AI Regs

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    The U.S. has so far adopted a light-handed approach to regulating artificial intelligence in the labor and employment area, but the presidential election is unlikely to have as dramatic of an effect on AI regulations as it may on other labor and employment matters, say attorneys at Littler.

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