Corporate

  • November 26, 2024

    Susman Godfrey Riding 'Coattails' In $147.5M Deal, Court Told

    Susman Godfrey LLP should be denied fees for representing objectors to a $147.5 million global settlement of a life insurance proposed class action in Connecticut, class counsel has argued, saying the firm sought to "impede" rather than secure the deal and only rode class counsel's "coattails."

  • November 26, 2024

    Netflix Ditches Investor Suit Over Account Sharing For Good

    A California federal judge on Tuesday dismissed a proposed class action accusing Netflix and its executives of misleading investors about growth challenges tied to account sharing, concluding "further leave to amend would be futile," since the investor plaintiffs were already given a chance to show that statements made were misleading.

  • November 26, 2024

    Mohawk Sues PFAS Manufacturers For Fraud

    The world's largest flooring manufacturer has sued 3M Co., E.I. du Pont de Nemours and Co., The Chemours Co., and Daikin America Inc. in Georgia state court, alleging the chemical manufacturers lied about the dangers of so-called forever chemicals in order to trick the company into purchasing their products.

  • November 26, 2024

    Autodesk Wants Out Of Investor Suit Over Internal Controls

    Autodesk Inc. asked a California federal judge on Tuesday to toss a proposed class action alleging the software company's stock price dropped after investors learned it lacked proper internal controls due to issues with its free cash flow and operating margin practices, saying its business plan statements at issue were "forward-looking" and accompanied by "cautionary" language.

  • November 26, 2024

    Best Buy Must Face Suit Over Deliveryman Sex Assault

    A New York state appeals court on Tuesday reinstated a suit seeking to hold Best Buy liable for a delivery worker's sexual assault of a customer, saying the dismissal was improperly based on the testimony of a manager who was hired seven years after the incident occurred.

  • November 26, 2024

    Paul Hastings Seeks GenapSys CEO Depo In Malpractice Suit

    Paul Hastings LLP has called on a California court to compel the founder and former CEO of GenapSys to sit for a deposition in a legal malpractice suit alleging that the firm improperly drafted board documents that invited an expensive lawsuit and led to the genetic sequencing company's "demise and liquidation."

  • November 26, 2024

    X Corp. Says InfoWars Social Media Accounts Can't Be Sold

    The parent company that owns X, the social media platform formerly known as Twitter, told a Texas bankruptcy judge that the Chapter 7 trustee in the case of right-wing conspiracy theorist Alex Jones can't sell X accounts tied to Jones and his InfoWars business because they are the property of the social media company.

  • November 26, 2024

    Mexico Floats Retaliation Against New Trump Tariffs

    Hours after President-elect Donald Trump threatened new tariffs on China, Canada and Mexico, Mexican President Claudia Sheinbaum signaled that her government would respond with levies of its own Tuesday, imploring Trump to take a more diplomatic approach.

  • November 26, 2024

    River Group Sues Pa. Silver Refiner Over Water Pollution

    A Delaware River advocacy group has filed a Clean Water Act lawsuit against a Pennsylvania silver refinery, alleging the facility has been dumping polluted stormwater into the river.

  • November 26, 2024

    Split 5th Circ. Backs NLRB's Finding On Worker's Firing

    A company that supplies staff to a food distributor violated federal labor law by firing a worker who went directly to the distributor with her wage concerns, a split Fifth Circuit found, upholding a National Labor Relations Board finding.

  • November 26, 2024

    Disney Strikes $43M Deal To End Calif. Pay Bias Suit

    The Walt Disney Co. agreed to pay $43.25 million to settle a class action claiming the entertainment giant paid thousands of women in middle management less than their male colleagues, according to a filing in California court.

  • November 25, 2024

    Ex-Wamco Exec Charged In 'Criminal Cherry-Picking Scheme'

    Federal prosecutors have accused Ken Leech, the former chief investment officer of Western Asset Management Co., of participating in a $600 million "criminal cherry-picking scheme" in which he favored certain clients at the expense of others, according to an indictment unsealed Monday in New York federal court.

  • November 25, 2024

    Trump Vows Tariffs For Canada, Mexico, China On Day One

    President-elect Donald Trump announced on social media Monday that he will implement steep tariffs on America's allies Canada and Mexico, as well as China, immediately after taking the oath of office on Inauguration Day.

  • November 25, 2024

    Fla. IT Worker Gets 4 Years In Chinese Spying Case

    An information technology worker who pled guilty to working as a "cooperative contact" for the Chinese government was sentenced in Florida federal court Monday to four years behind bars, the U.S. Department of Justice said.

  • November 25, 2024

    Pom Juice Maker Trims But Can't Nix 'Forever Chemicals' Suit

    A Manhattan federal judge on Monday pared down a putative class action alleging the makers of Pom pomegranate juice misled consumers about whether its products contained harmful "forever chemicals" while allowing claims of negligence and violation of New York's business laws to go forward.

  • November 25, 2024

    SEC Secured Historic $8.2B Enforcement Haul In 2024

    The U.S. Securities and Exchange Commission obtained $8.2 billion in civil penalties and disgorgement via successful enforcement actions in 2024, the highest amount in the history of the agency despite a significant decline in total enforcement actions, the SEC has announced. 

  • November 25, 2024

    Calif. Jury Delivers $35M Verdict In Eyedrop Trademark Row

    A Tennessee pharmaceutical company convinced a California federal jury that a rival owes it about $35 million for infringing its trademarks on brands of post-surgical eyedrops.

  • November 25, 2024

    Lampert, Sears Stockholders Set Appraisal Share Faceoff

    Delaware's Court of Chancery has teed up an argument on how to handle class member claims of former Sears Hometown and Outlet Stores Inc. stockholders whose share appraisal demand was torpedoed by the company's bankruptcy in 2022.

  • November 25, 2024

    Informant Says He Brought Developers To Madigan's Law Firm

    An ex-Chicago alderman who wore a wire to meetings with former Illinois House Speaker Michael Madigan was back on the stand Monday describing how he arranged a meeting with developers of a Chicago apartment building at Madigan's law office, with jurors hearing a call in which Madigan said to "go ahead and process" a zoning change for that project after the alderman asked if the developer gave him legal work.

  • November 25, 2024

    Microsoft-Activision Atty Snubs $15M Class Fee In Del. Suit

    An attorney for Microsoft Corp. and Activision Blizzard Inc. on Monday downplayed the benefits from an ongoing stockholder suit seeking $15 million for mid-case fixes to the two companies' $68.7 billion merger, saying the action's modest advantages should be weighed more as disclosure matters than a deal rescue.

  • November 25, 2024

    Greenberg Traurig Grows In Middle East With 2 From Clyde

    Greenberg Traurig LLP said Monday that it is expanding its coverage in the Middle East with the addition of an international arbitration and litigation lawyer as well as a corporate lawyer with expertise in mergers and acquisitions, who were both hired away from Clyde & Co. LLP.

  • November 25, 2024

    Fed. Workers Union's New GC Vows To Fight Trump Attacks

    The largest union for federal employees named a new general counsel Monday, positioning him as well-poised to fight off any attacks to government jobs that may come from an incoming presidential administration that has pledged to "dismantle government bureaucracy."

  • November 25, 2024

    Construction Co. Seeks Coverage For $1.9M Email Spoof

    A construction company told an Alaska federal court that a Travelers unit acted in bad faith by refusing to provide directors and officers coverage for an email spoofing scheme that caused the company to wire roughly $1.9 million of a partner construction company's funds to an "imposter."

  • November 25, 2024

    Spirit's Cayman Units To Hit Ch. 11 As Airline Eyes Swift Reorg

    Four Spirit Airlines subsidiaries in the Cayman Islands were expected to file for bankruptcy protection Monday and ask a New York federal court to join the company's main Chapter 11 case, a move that Spirit says will help keep the debtor on course to confirm a reorganization plan.

  • November 25, 2024

    Tesla Nears Deal In Trade Secret Suit Against EV Rival Rivian

    Tesla said in a notice filed in California state court that it would be settling its lawsuit accusing rival electric vehicle manufacturer Rivian Automotive of recruiting its employees, who allegedly took Tesla's trade secrets with them to the defendant to use for its plans to release an electric truck.

Expert Analysis

  • It's No Longer Enough For Firms To Be Trusted Advisers

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    Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.

  • Service Agreement Lessons From July's Global Tech Outage

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    The worldwide outages recently caused by Crowdstrike Holdings' misconfigured software update highlight the need to evaluate potential IT vendors, negotiate certain service agreement terms, and review existing agreements and diligence forms to help prevent future disruptions and mitigate the fallout should one occur, say attorneys at WilmerHale.

  • Calif. Bill, NTIA Report Illustrate Open-Model AI Safety Debate

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    The National Telecommunications and Information Administration’s balanced recommendations for preventing misuse of open artificial intelligence models, contrasted with a more aggressive California bill, demonstrate an evolving regulatory debate about balancing democratic access to this powerful new technology against potential risks to the public, say Stuart Meyer and Fredrick Tsang at Fenwick.

  • Behind 3rd Circ. Ruling On College Athletes' FLSA Eligibility

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    The Third Circuit's decision that college athletes are not precluded from bringing a claim under the Fair Labor Standards Act raises key questions about the practical consequences of treating collegiate athletes as employees, such as Title IX equal pay claims and potential eligibility for all employment benefits, say attorneys at Debevoise.

  • 5 Lessons From Consulting Firm's Successful DOJ Disclosure

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    The Boston Consulting Group recently received a rare declination of prosecution from the U.S. Department of Justice after self-disclosing a foreign bribery scheme, and the firm’s series of savvy steps after discovering the misconduct provides useful data points for white collar defense attorneys, says Jonathan Porter at Husch Blackwell.

  • 'Greenhushing': Why Some Cos. Are Keeping Quiet On ESG

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    A wave of ESG-related litigation and regulations have led some companies to retreat altogether from any public statements about their ESG goals, a trend known as "greenhushing" that was at the center of a recent D.C. court decision involving Coca-Cola, say Gonzalo Mon and Katie Rogers at Kelley Drye.

  • Complying With FTC's Final Rule On Sham Online Reviews

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    The Federal Trade Commission's final rule on deceptive acts and practices in online reviews and testimonials is effective Oct. 21, and some practice tips can help businesses avert noncompliance risks, say Airina Rodrigues and Jonathan Sandler at Brownstein Hyatt.

  • Del. Dispatch: Drafting Lessons For Earnout Provisions

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    The Delaware Court of Chancery's recent decision in Medal v. Beckett Collectibles provides guidance for avoiding ambiguity in provisions relating to the acceleration of earnout payments under specified circumstances, and provisions mandating good faith negotiations before bringing earnout litigation, say attorneys at Fried Frank.

  • Mitigating Risk In Net Asset Value Facility Bankruptcies

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    In times of economic turbulence, parties to bankruptcy proceedings that involve net asset value facilities can mitigate risk by understanding the purpose of the automatic stay, complications it can create for NAV facility lenders and options for relief, say attorneys at Mayer Brown.

  • Opinion

    A Fuzzy Label With Bite: FTC Must Define Surveillance Pricing

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    The Federal Trade Commission recently issued orders to eight companies — including Mastercard, McKinsey and Chase — seeking information on "surveillance pricing," but the order doesn't explain the term or make the distinction between legal and illegal practices, leaving any company that uses personalized pricing in the dark, says Chris Wlach at Huge.

  • Assessing Algorithmic Versus Generative AI Pricing Tools

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    A comparison of traditional algorithmic pricing models and those powered by generative artificial intelligence can help regulators and practitioners weigh the pros and cons of relying on large language models to price products or services, say Maxime Cohen at McGill University, and Tim Spittle and Jimmy Royer at Analysis Group.

  • Missouri Injunction A Setback For State Anti-ESG Rules

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    A Missouri federal court’s recent order enjoining the state’s anti-ESG rules comes amid actions by state legislatures to revise or invalidate similar legislation imposing disclosure and consent requirements around environmental, social and governance investing, and could be a blueprint for future challenges, say attorneys at Paul Hastings.

  • New Lessons On Managing Earnout Provision Risks

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    Earnout provisions can be a useful tool for bridging valuation gaps in M&A, particularly in developmental-stage pharmaceutical transactions, but the Delaware Chancery Court’s recent decision in Shareholder Representative Services v. Alexion sheds new light on the inherent risks and best practices for managing them, say attorneys at Cleary.

  • Navigating A Potpourri Of Possible Transparency Act Pitfalls

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    Despite the Financial Crimes Enforcement Network's continued release of guidance for complying with the Corporate Transparency Act, its interpretation remains in flux, making it important for companies to understand potentially problematic areas of ambiguity in the practical application of the law, say attorneys at Sidley.

  • Series

    After Chevron: Conservation Rule Already Faces Challenges

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    The Bureau of Land Management's interpretation of land "use" in its Conservation and Landscape Health Rule is contrary to the agency's past practice and other Federal Land Policy and Management Act provisions, leaving the rule exposed in four legal challenges that may carry greater force in the wake of Loper Bright, say Stacey Bosshardt and Stephanie Regenold at Perkins Coie.

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