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October 02, 2024
Enviro Groups Step Up Effort To Block JBS' US Listing
Eighteen sustainability-focused investor groups are urging the U.S. Securities and Exchange Commission to reject a potential U.S. stock listing by Brazilian meat conglomerate JBS SA, alleging the company is misleading the public regarding climate risks posed by its operations.
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October 02, 2024
Defense Atty Escapes DQ In $3M Transaction Row, For Now
An attorney representing a businessman facing a $3 million fraud suit over a botched business transaction will not be forced to step away from the case, a South Dakota federal judge determined Wednesday, denying a motion seeking to disqualify the lawyer because he worked on the deal at issue in the suit.
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October 02, 2024
State Farm's Sanctions Bid Nixed In Driver Tech Patent Tangle
Noting that both parties had unclean hands, a Texas federal judge denied State Farm's request for sanctions in consolidated patent infringement cases brought by an inventor who patented driver monitoring technology that he claims the insurer and automakers Mercedes-Benz and Honda used without permission.
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October 02, 2024
Meta Facing Another Author Class Action Over LLM Training
Another author has launched a proposed class action against Meta Platforms Inc. in California federal court alleging the social media giant swiped material from hundreds of thousands of copyrighted books to train its series of large language models named Llama.
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October 02, 2024
Madigan Can't Duck Bribery Claims After High Court Ruling
An Illinois federal judge on Wednesday declined to dismiss bribery charges against former Illinois House Speaker Michael Madigan after the U.S. Supreme Court's ruling limiting the reach of a bribery statute that once criminalized gratuities, while also refusing to sever his case from his co-defendant's.
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October 02, 2024
Ex-Airline Exec Sentenced To 32 Months For $32M Scam
A New York federal court has handed down a 32-month prison sentence to a businessman who confessed to a conspiracy to defraud his former employer, Polar Air Cargo Worldwide Inc., of more than $32 million.
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October 02, 2024
TikTok Can't End Browser Privacy MDL
An Illinois federal judge on Tuesday held TikTok and parent company ByteDance to multidistrict litigation in which users claim the video platform's in-app browser illegally tracks activity on third-party sites, and gave the plaintiffs a chance to replead one claim under California law.
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October 02, 2024
Class Cert. In Bonus Suit Against X On The Verge Of Failure
A California federal judge appeared inclined to deny a former X Corp. employee's class certification bid in his suit claiming the social media platform failed to pay promised bonuses after Elon Musk took over, urging the parties to tackle whether a renewed motion is necessary.
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October 02, 2024
ExecuPharm Agrees To Pay Ransomware Victims $10K Each
U.S. pharmaceutical giant ExecuPharm will pay victims of a data breach up to $10,000 in reimbursements, compensation for lost time, three years of credit monitoring, and $675,000 in attorney fees after a Pennsylvania federal judge gave his final approval to a class action settlement.
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October 02, 2024
Chancery Drops Curtain On AMC Stock Dilution Suit
A Delaware vice chancellor dismissed on Wednesday a proposed class action seeking damages or additional shares for former AMC Entertainment Corp. preferred stockholders who say the value of their shares was wrongly reduced last year in a deal that settled a hotly contested share conversion and reverse split.
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October 02, 2024
Jones Day Adds Ex-Winston & Strawn Trio In Dallas
Jones Day announced Wednesday that it is adding three former Winston & Strawn partners to its corporate practice in Dallas.
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October 02, 2024
LexShares Argues Ex-CEO's Suit 'Defies Common Sense'
Litigation financing company LexShares Inc. urged a Massachusetts federal court to throw out a Black former CEO's suit, arguing that his racial discrimination claim against two board members who helped him acquire the company "defies common sense."
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October 02, 2024
SEC's Top Cop Departing After Record-Breaking Tenure
The U.S. Securities and Exchange Commission announced Wednesday that enforcement director Gurbir Grewal will be leaving the agency next week following a three-year tenure, during which the agency brought in record penalties and frequently clashed with crypto industry participants objecting to a string of lawsuits brought under Grewal's leadership.
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October 02, 2024
The 2024 Compensation Report: General Counsel
Law360 Pulse looks at the pay of the best-compensated legal chiefs at S&P 500 companies. Find out who’s making the most and which law firms and schools have the most alumni in these high-profile posts.
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October 02, 2024
These Are The Legal Chiefs Who Command Top Dollar
With the increasingly dynamic role of the top corporate lawyer playing out across sectors — as well as stock awards that far outpace the amounts they see in their salaries and bonuses — the pay packages for most general counsel and chief legal officers continue to stay strong.
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October 02, 2024
Tilray Gets Investor Stock Suit Scrubbed For Good
A New York federal judge has dismissed with prejudice an investor suit alleging cannabis company Tilray Inc. and its officers misled investors about a co-branding agreement's prospects, saying the latest amended complaint fails to show that the company's CEO had intent to defraud or other nefarious motives.
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October 02, 2024
Fried Frank's M&A Co-Head Views Rate Cuts, AI With Caution
While it might be tempting to jump with joy about the Federal Reserve's recent rate cut, Philip Richter, co-head of Fried Frank's mergers and acquisitions practice, takes a more measured view. Here, Law360 talks to Richter about the rate cut, the upcoming presidential election, artificial intelligence and more.
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October 01, 2024
Ex-Cognizant Worker's Emails Show His Prejudice, Jury Told
A former Cognizant Technology IT worker who is among a class of employees alleging the company is biased toward Indians and South Asians was confronted on cross-examination Tuesday during a California federal trial about emails he sent that a company attorney argued show a longstanding "problem" with Indian visa holders.
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October 01, 2024
Convicted CEO Narrows Fee Bid Against Conn. Utility Co-Op
A former Connecticut utility CEO has dropped some attorney fee claims against his onetime employer following a jury conviction for stealing public funds, telling a federal judge on Tuesday to focus on a bid for fees should prosecutors choose to litigate a second indictment.
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October 01, 2024
Lordstown Brass Beat Investor Suit Over Failed Foxconn Deal
An Ohio federal judge on Monday freed current and former executives of Lordstown Motors Corp., now Nu Ride, from a proposed securities class action alleging they concealed problems ahead of a failed partnership with Taiwan-based Foxconn, saying delays and "other minor issues" didn't make general, positive statements inaccurate.
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October 01, 2024
From AI To Enviro: The Top Biz Bills Calif. Gov. Inked Into Law
California Gov. Gavin Newsom signed hundreds of bills into law ahead of an Oct. 1 deadline, meaning major changes are on the horizon for employers, tech companies, healthcare providers and others doing business in the Golden State.
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October 01, 2024
Peloton Beats Investor Suit Over COVID-19 Sales For Good
Peloton has won the permanent dismissal of a shareholder suit accusing it of intentionally misleading investors to believe that its COVID-19 spike in demand was sustainable, with a New York federal judge saying the investors have not "articulated sufficient factual allegations to carry their assertions beyond the speculative level."
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October 01, 2024
Former Rutgers Law Dean To Serve As University's Interim GC
A former Rutgers Law School dean will serve as the university's interim senior vice president and general counsel following John J. Hoffman's confirmation to the New Jersey Supreme Court, Rutgers announced Tuesday.
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October 01, 2024
Novel FCA Decision Amplifies Voices Of Whistleblower Critics
A Florida federal judge's characterization of whistleblowers as self-appointed "special prosecutors" when they file lawsuits on the federal government's behalf amplifies the voices of critics questioning the constitutionality of a key enforcement tool for fighting fraud, while threatening to create a circuit split.
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October 01, 2024
Tesla Dodges Investor Suit Over Self-Driving Tech Claims
A California federal judge has released Tesla Inc. from litigation accusing it of deceiving investors about the capabilities and safety record of its self-driving technology, granting it at least a temporary reprieve from the class action litigation because suing shareholders hadn't shown that CEO Elon Musk knew his statements about the technology were false.
Expert Analysis
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6 Considerations To Determine If A Cyber Incident Is Material
The U.S. Securities and Exchange Commission's recent guidance on material cybersecurity incidents covers a range of ransomware scenarios, from a company paying a sum and regaining operations to recovering payment via cyberinsurance, but makes it clear that no single factor determines whether a cybersecurity incident is material, say attorneys at Troutman Pepper.
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How Anti-DEI Bill Could Affect Employers' Diversity Efforts
Sen. J.D. Vance's recently introduced Dismantle DEI Act would substantially limit employers’ ability to implement and promote workplace diversity, equity and inclusion, but there are still steps employers can take to support a diverse workforce, says Peter Ennis at Cozen O’Connor.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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Series
After Chevron: What To Expect In Consumer Protection At FTC
Although the Federal Trade Commission's bread-and-butter consumer protection law enforcement actions are unlikely to be affected, the Loper Bright decision may curb the FTC's bolder interpretations of the statutes it enforces, says Mary Engle at BBB National Programs.
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Comparing 5 Administrators' Mass Arbitration Procedures
Attorneys at DLA Piper compare the rules for mass arbitrations at five different arbitration providers — Judicial Arbitration and Mediation Services, American Arbitration Association, National Arbitration and Mediation, FedArb and New Era ADR — including their triggers, claim screening procedures, how and when they assess fees, and more.
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Whistleblowers Must Note 5 Key Differences Of DOJ Program
The U.S. Department of Justice’s recently unveiled whistleblower awards program diverges in key ways from similar programs at other agencies, and individuals must weigh these differences and look first to programs with stronger, proven protections before blowing the whistle, say Stephen Kohn and Geoff Schweller at Kohn Kohn.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Calif. Ruling Clarifying Paystub Compliance Is Win For Cos.
In rare good news for California employers, the state Supreme Court recently clarified that workers couldn’t win extra penalties in wage and hour cases by claiming their employer intentionally violated state paystub law if the employer believed it had complied in good faith, say Drei Munar and Kirk Hornbeck at Hunton.
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Considering Noncompete Strategies After Blocked FTC Ban
A Texas district court's recent decision in Ryan v. Federal Trade Commission to set aside the new FTC rule banning noncompetes does away with some immediate compliance obligations, but employers should still review strategies, attend to changes to state laws and monitor ongoing challenges, say attorneys at Baker McKenzie.
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Open Questions 3 Years After 2nd Circ.'s Fugitive Ruling
The Second Circuit’s 2021 decision in U.S. v. Bescond, holding that a French resident indicted abroad did not meet the legal definition of a fugitive, deepened a circuit split on the fugitive disentitlement doctrine, and courts continue to grapple with the doctrine’s reach and applicability, say attorneys at Lankler Siffert.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Series
After Chevron: The Future Of AI And Copyright Law
In the wake of the U.S. Supreme Court’s recent decision to overrule the Chevron doctrine, leaders in the artificial intelligence industry may seek to shift the balance of power to courts to exercise more independent statutory interpretation without constraints from the U.S. Copyright Office, says Greg Derin at Signature Resolution.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Preparing For The NLRB's New Union Recognition Final Rule
The National Labor Relations Board's impending new final rule on union recognition puts the employer at a particular disadvantage in a decertification election, and best practices include conducting workplace assessments to identify and proactively address employee issues, say Louis Cannon and Gerald Bradner at Baker Donelson.