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May 07, 2024
Plastics Recycler Sued In Del. After Stock Drop, Investigations
A PureCycle Inc. stockholder has launched a multicount derivative suit against the plastics recycling company's officers and directors in Delaware's Court of Chancery, seeking damages tied to a stock drop, alleged disclosure failures and insider dealings before and after a 2021 take-public merger.
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May 07, 2024
Hytera Sanctions Show Strength Of Antisuit Injunctions
The Seventh Circuit's decision upholding $1 million a day in sanctions against Hytera Communications for violating an order to drop trade secrets and copyright litigation in China highlights the difficulty for lawyers when working alongside Chinese courts, while affirming to patent attorneys how powerful antisuit injunctions can be.
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May 07, 2024
6th Circ. Considers Rebooting Crypto Reporting Challenge
Sixth Circuit judges seemed unsure of whether a group of cryptocurrency users can challenge a pending mandate to report large crypto transactions, as the judges grappled Tuesday with whether the plaintiffs have shown they are harmed by the forthcoming rule and whether the challenge is premature.
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May 07, 2024
Lender Shanks Bid To Halt Ga. Golf Course Auctions
A Georgia federal judge on Tuesday denied successive efforts from a lender to wrest control of the assets of an Atlanta-area golf club owner, whom attorneys for the lender describe as a "serial fraudster" likely to abscond with his assets while still owing millions on a 2023 loan.
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May 07, 2024
Starbucks Can't End Investor Suit Over Union-Busting Stance
A Washington state judge won't toss a shareholder suit accusing Starbucks' corporate leadership of diminishing stock values by allowing store managers to quash baristas' organizing efforts.
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May 07, 2024
DOL Official Says Expect Pension De-Risking Report Soon
The U.S. Department of Labor's employee benefits chief said Tuesday the agency expects to submit a report to Congress shortly on so-called pension risk transfers, which involve the exchange of defined benefit pension plan liabilities for annuity insurance contracts.
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May 07, 2024
Industry Groups Suggest Changes To Aussie Reporting Rules
A coalition of global fund industry associations asked Australia to further amend its proposal for public country-by-country tax data reporting by including, among other measures, a provision that would allow companies to withhold sensitive information, according to a letter released Tuesday by the U.S. Treasury Department.
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May 07, 2024
Panera To Nix 'Charged' Drink At Center Of Death Suits
Panera Bread Co. will soon no longer serve its "Charged Lemonade," the caffeinated drink at the center of two lawsuits that claim the restaurant chain is liable for the wrongful death of two patrons.
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May 07, 2024
Truth Social Investor Grilled By Feds At Insider Trading Trial
A Florida investment pro on trial for allegedly exploiting confidential plans to take Truth Social public in a $23 million insider trading case was challenged Tuesday by prosecutors on the timing of trades and communications before the "special" media deal.
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May 07, 2024
Amazon Worker Wants Class Cert. In Military Leave Suit
A former Amazon worker urged a New York federal court to greenlight a more than 9,000-member class of military reservists in her lawsuit accusing the e-commerce giant of failing to provide paid leave for employees on active duty, saying the dispute is best suited for class treatment.
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May 07, 2024
Fisher Phillips Adds Ex-Lyons HR GC To Employment Group
Employer-side labor and employment law firm Fisher Phillips has brought on the former general counsel and senior vice president of human resources for professional employer organization Lyons HR to its Atlanta office, strengthening its professional employer organization and staffing practice.
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May 07, 2024
TikTok Urges DC Circ. To Ax 'Unprecedented' Divestment Bill
TikTok on Tuesday lodged its highly anticipated challenge to a new federal law that would exclude the popular app from the U.S. market unless it cuts ties with its Chinese parent company, telling the D.C. Circuit that the measure amounts to an unconstitutional and unprecedented ban on free speech.
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May 07, 2024
FDIC Review Flags 'Patriarchal' Workplace, Chief's 'Temper'
The Federal Deposit Insurance Corp.'s workplace culture has suffered "far too long" from sexual harassment, discrimination and other abuses that higher-ups failed to adequately address, according to a report released Tuesday that is drawing renewed calls for FDIC Chairman Martin Gruenberg's exit.
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May 07, 2024
Stormy Daniels Tells NY Jury 'Fear' Drove Hush Money Deal
Adult film star Stormy Daniels detailed for a Manhattan jury on Tuesday how a sexual encounter with Donald Trump in 2006 led to an alleged $130,000 hush money payment in 2016, describing how it was "fear and not money" that led her to make the deal.
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May 07, 2024
Google Says Exec's Firing Based On Behavior, Not Bias
Google urged a New York federal court to toss a lawsuit from a former executive who said he was fired for being a white man, arguing his termination came because he threw a raucous, alcohol-fueled party at his lake house despite receiving prior warnings about bad behavior.
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May 07, 2024
Birth Control Cos. Can't Dodge Conn. Injury Suit, Court Told
An Illinois woman who sued after her Filshie Clip birth control device migrated inside of her and "wreaked havoc on her body" has urged a state court not to let the manufacturers of the device and the seller's parent companies dodge her claims.
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May 07, 2024
Ex-SEC Trading And Markets Atty Rejoins Davis Wright In DC
A former 30-year veteran of the U.S. Securities and Exchange Commission's division of trading and markets, has left retirement to rejoin the ranks of Davis Wright Tremaine LLP as an of counsel in Washington, D.C., the firm announced Monday.
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May 07, 2024
Coverage Recap: Day 9 Of Trump's NY Hush Money Trial
Law360 reporters are providing live updates from the Manhattan criminal courthouse as Donald Trump goes on trial for allegedly falsifying business records related to hush money payments to porn star Stormy Daniels ahead of the 2016 election. Here's a recap from day nine.
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May 06, 2024
Autonomy Execs Scrambled To Boost Gross Margin, Jury Told
A former Deloitte auditor testifying in a California criminal trial over claims that ex-Autonomy CEO Michael Lynch conned HP into buying the British software company for an inflated $11.7 billion price confirmed Monday that months before the sale, executives were scrambling to boost their gross margin numbers.
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May 06, 2024
FAA Says It's Looking Into Boeing 787 Dreamliner Inspections
The Federal Aviation Administration said Monday that it's looking into whether Boeing completed required inspections of its 787 Dreamliner planes and potentially falsified aircraft records.
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May 06, 2024
Ikea Sanctioned For Deleting Emails In Age Bias Suit
A Pennsylvania federal judge on Monday sanctioned Ikea for deleting four email accounts it had a duty to preserve in a proposed collective action alleging the furniture retailer discriminated based on age, saying Ikea was grossly negligent, the plaintiffs were prejudiced and the retailers' subsequent "strategy of delay and obfuscation" was "offensive."
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May 06, 2024
Trump's NY Jury Sees Paper Trail From Alleged Cover-Up
New York prosecutors began the third week of Donald Trump's criminal trial on Monday with a parade of documents demonstrating in minute detail how the former president allegedly misbranded hush money reimbursements as legal fees after the 2016 election.
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May 06, 2024
Monsanto Says Ruling Undoes $438M School PCB Loss
Monsanto said Friday that a $438 million judgment in a polychlorinated biphenyls poisoning case at a Washington school should be thrown out, citing a recent state appellate court ruling undoing a $185 million jury verdict in a similar case involving chemical-caused illnesses at the same school campus.
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May 06, 2024
2nd Circ. Hints At Reviving Suit Against 'Insider' Hedge Fund
The Second Circuit on Monday appeared ready to revive a derivative lawsuit against a hedge fund alleged to have profited from its status as a corporate insider of 1-800-Flowers, with a majority of the court casting doubt on the fund's argument that a recent U.S. Supreme Court decision defeats the case on standing.
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May 06, 2024
Judge Weighs Discovery Need On McD's No-Poach Standard
No-poach antitrust litigation against McDonald's is getting back underway in Illinois federal court following the U.S. Supreme Court's refusal of the fast food giant's appeal, spurring the district court judge to consider whether more discovery might be needed to determine the appropriate standard that will govern the case.
Expert Analysis
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Key Issues Raised By Colorado's Brain Data Privacy Bill
Colorado recently became the first state to provide consumer privacy protections for data generated from a person's brain waves, and despite the bill’s ambiguity and open questions introduced, the new law has helped turn the spotlight on neurodata, says Sara Pullen Guercio at Alston & Bird.
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Chanel TM Ruling Shows Resellers Must Tread Carefully
The Southern District of New York's recent jury verdict in Chanel v. What Goes Around Comes Around, in which Chanel brought trademark infringement and false association claims, serves as a reminder that businesses must routinely ensure their practices are protected by the first sale and fair use doctrines, say Stephen Barrett and Gabriela Rios at Wilson Elser.
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Birkin Bag Case Carries Competition Lessons For Retailers
A recently proposed antitrust class action alleging that Hermès violated federal and California law when selling its iconic Birkin and Kelly handbags highlights some issues that other brands and retailers should consider, particularly given a prevailing landscape that seems to prioritize antitrust scrutiny, say attorneys at Holland & Knight.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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Circuit Split Brews Over Who's A Securities Seller Under Act
A Securities Act section that creates private liability for the sale of an unregistered security is rapidly becoming a favored statute for plaintiffs to wield against participants in both the digital asset and traditional securities markets, but the circuit courts have diverged on who may be held liable for these violations, say Jeffrey L. Steinfeld and Daniel Aronsohn at Winston & Strawn.
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Breaking Down EPA's Rule On PFAS In Drinking Water
Last week, the U.S. Environmental Protection Agency finalized the first enforceable federal drinking water regulation for PFAS, which, along with reporting and compliance requirements for regulated entities, will have a number of indirect effects, including increased cleanup costs and the possible expansion of existing Superfund sites, say attorneys at Morgan Lewis.
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Banks Have Won Syndicated Loan Battle, But Not The War
Though the U.S. Supreme Court's recent denial of certiorari in Kirschner v. JPMorgan preserves the status quo that syndicated loans are not securities, the U.S. Securities and Exchange Commission's discomfort suggests that the underlying issues have not been fully resolved, say attorneys at Crowell & Moring.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Compliance Strategies To Mitigate 3 New Areas Of AI Risk
The era of artificial intelligence-assisted corporate crime is here, but several concrete mitigation strategies can allow companies to address the new, rapidly evolving threats posed by deepfakes, information barrier evasion and AI model manipulation, say attorneys at Debevoise.
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Refresher On Employee Qualifications For Summer Interns
Before companies welcome interns to their ranks this summer, they should consider the extent to which the interns may be entitled to the same legal protections as employees, including the right to be paid for their hours worked and to receive at least minimum wage and overtime, says Kate LaQuay at Munck Wilson.
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The Drawbacks Of Banking Regulators' Merger Review Plans
Recent proposals for bank merger review criteria by the Office of the Comptroller of the Currency and Federal Deposit Insurance Corp. share common pitfalls: increased likelihood of delays, uncertainties, and new hurdles to transactions that could impede the long-term safety and soundness of the banks involved, say attorneys at WilmerHale.
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Opinion
The FTC's Noncompete Rule Is Likely Dead On Arrival
The Federal Trade Commission's April 23 noncompete ban ignores the consequences to the employees it claims to help — but the rule is unlikely to go into effect provided the ideological makeup of the U.S. Supreme Court remains the same, say Erik Weibust and Stuart Gerson at Epstein Becker.
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Unpacking The Bill To Extend TCJA's Biz-Friendly Tax Breaks
Attorneys at Skadden examine how a bipartisan bill currently being considered by the U.S. Senate to save the Tax Cuts and Jobs Act's tax breaks for research and development costs, and other expiring business-friendly provisions, would affect taxpayers.
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Class Actions At The Circuit Courts: April Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses three notable circuit court decisions on topics from the Class Action Fairness Act to consumer fraud — and provides key takeaways for counsel on issues including CAFA’s local controversy exception and Article III standing to seek injunctive relief.
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Perspectives
Criminal Defendants Should Have Access To Foreign Evidence
A New Jersey federal court recently ordered prosecutors to obtain evidence from India on behalf of the former Cognizant Technology executives they’re prosecuting — a precedent that other courts should follow to make cross-border evidentiary requests more fair and efficient, say Kaylana Mueller-Hsia and Rebecca Wexler at UC Berkeley School of Law.