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Corporate
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February 06, 2025
Trump's Federal Worker Buyout Plan Put On Hold
A Massachusetts federal judge on Thursday put on hold the Trump administration's "deferred resignation" program for federal employees, delaying the deadline for workers to accept the offer until Monday while the court weighs the legality of the move.
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February 05, 2025
Dish Gets Nothing After $3.9M Fee Award Axed In IP Appeal
A Colorado federal judge ruled Wednesday that Dish Network LLC isn't entitled to any fees after it was cleared of infringing patents owned by Realtime Adaptive Streaming LLC, a ruling that comes after the Federal Circuit held that the judge erred by initially awarding Dish $3.9 million in fees.
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February 05, 2025
Bill To Restrict Kids' Social Media Use Heads To Full Senate
The U.S. Senate Commerce Committee on Wednesday easily advanced legislation that would ban kids under 13 from accessing social media and prevent providers from feeding personalized content to users under 17, although the measure faces opposition from advocacy groups that say the proposal would unconstitutionally restrict free speech.
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February 05, 2025
Trump's Immigration Agenda Could Gut Key Workforces
Immigration raids are threatening harsh consequences for industries that rely heavily on immigrant labor, with economic losses being compared to recession levels if workers are swept up in the raids or don’t show up to work for fear of getting deported.
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February 05, 2025
Federal Contractors' Avenues For Tariff Mitigation
President Donald Trump's tariff plans threaten to increase costs for federal contractors who won't be exempt from the duties, but contractors may be able to pursue avenues for reimbursement if they follow certain regulatory rules.
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February 05, 2025
Tillis Takes Over Senate IP Subcommittee Again
Sen. Thom Tillis, R-N.C., will again lead the U.S. Senate subcommittee overseeing intellectual property, while Sen. Adam Schiff of California will be debuting as the subcommittee's top Democrat.
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February 05, 2025
House Republicans Target CFPB's Small-Biz Rule For Repeal
House Republicans at a Wednesday hearing sought to build momentum for reversing the Consumer Financial Protection Bureau's small-business loan data rule, casting it as harmful to smaller banks while Democrats argued the real danger is the Trump administration itself.
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February 05, 2025
$12M Medical Fraud Suit Doesn't Need Retrial, 5th Circ. Told
A Fifth Circuit panel seemed disinclined to do away with a retrial for a suspect in a multimillion-dollar healthcare fraud scheme after alleged prosecutorial misconduct sank an earlier trial, saying Wednesday that the trial judge's reasoning carries weight.
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February 05, 2025
Paramount-Skydance Merger Block Sought Pending Del. Suit
Five Paramount Global pension fund stockholders sought a preliminary injunction in Delaware late Wednesday seeking to block closing on the estimated $8 billion Paramount-Skydance Media merger pending a decision on a still-sealed Court of Chancery breach of fiduciary duty suit filed Tueday night.
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February 05, 2025
Catholic Investors Bring Smith & Wesson Suit To Fed. Court
A group of Catholic sisters has refiled in federal court their suit accusing Smith & Wesson's directors and senior executives of placing their own "greed" and "political concerns" above the interests of the company and its stockholders by ignoring the liabilities of marketing AR-15 rifles that are used to perpetrate mass shootings.
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February 05, 2025
What Patent Attys Should Know About Trump's Commerce Pick
The CEO of financial services firm Cantor Fitzgerald, who has been tapped to lead the Commerce Department, is an inventor on hundreds of patents and has identified the patent application backlog as a key concern. Here's what to know about Commerce secretary nominee Howard Lutnick.
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February 05, 2025
Laborers Want NLRB Suit Paused Over Wilcox Ouster
A Laborers union local on Wednesday called on the National Labor Relations Board to pause a suit accusing the union of mishandling job referrals and the board's chairman to sit the case out following member Gwynne Wilcox's firing.
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February 05, 2025
FCC To Launch Spectrum Sale, Eyes More C-Band Use
The FCC's new Republican chief said Wednesday the agency will kick off rules for a new spectrum sale authorized by Congress and consider a plan to eventually open more midband airwaves in the C-band for private sector use.
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February 05, 2025
Judge Won't Pause Crowdfunding Case After Fraud Indictment
A target of the U.S. Securities and Exchange Commission's first crowdfunding enforcement action can't pause that three-year-old case to defend himself against unrelated charges that he ran a pump-and-dump scheme with a hallucinogenic mushroom company, a Michigan judge ruled Wednesday.
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February 05, 2025
Trade Groups Urge PBM Crackdown By Trump, Congress
A coalition of industry trade groups sent letters Wednesday urging President Donald Trump and leaders in Congress to advance legislation reining in pharmacy benefit managers — which intermediate between drugmakers, insurers and pharmacies — in the next piece of federal government funding legislation.
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February 05, 2025
Nixon Peabody Taps Ex-Faegre Drinker Environmental Atty
Nixon Peabody LLP hired a former Faegre Drinker Biddle & Reath LLP environmental attorney for the firm's New York City office.
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February 05, 2025
Monolithic's Investors Say Co. Botched Nvidia Orders
Power management component manufacturer Monolithic Power Systems Inc. has been hit with a proposed shareholder class action alleging it hid critical defects in power modules used by its largest customer, Nvidia Corp., that led the artificial intelligence chipmaker to cancel orders, harming Monolithic's revenue.
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February 05, 2025
Judge Found 'Vertical' Mattress Deal Won't Hurt Competition
U.S. District Judge Charles Eskridge rejected the Federal Trade Commission's bid to pause Tempur Sealy's planned $5 billion purchase of Mattress Firm after finding a merger of the mattress supplier and retail chain would likely increase competition, if it has any impact at all.
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February 05, 2025
6th Circ. Won't Revisit Home Depot Data Breach Coverage Suit
The Sixth Circuit refused Wednesday to review its January finding that an electronic data exclusion in Home Depot's commercial general liability policies barred coverage for the retail giant's $50 million claim for defense and settlement costs over a 2014 data breach.
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February 05, 2025
CVS Beats 2nd Investor Suit Over Omnicare Deal
A Rhode Island federal judge on Wednesday dismissed a second investor suit against CVS over its Omnicare acquisition in light of a 2022 First Circuit decision in a similar suit, saying the current action should be tossed because it suffers the same pleading fatalities as the case that went before the appeals court.
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February 05, 2025
Israeli Co. Accused Of Infringing Soap Dispenser Patent
Bobrick Washroom Equipment Inc. accused Israeli company Y. Stern Engineering (1989) Ltd. of infringing its patent for fluid dispenser technology through the sale of its Lotus Soap Dispenser series in a California federal court Tuesday.
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February 05, 2025
Chancery Tosses Challenge To $1.1B Smart & Final Sale
Writing that nothing in a "grab bag" of stockholder claims amounted to disclosure failures, Delaware's chancellor dismissed a suit challenging the $1.1 billion April 2019 sale of Smart & Final Stores Inc. — formerly controlled by funds of Ares Management Corp. — to interests of Apollo Global Management.
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February 05, 2025
Modelo, Constellation Urge Judge To Block 'Counterfeit' Beer
Modelo and Constellation Brands have asked a Texas federal court to stop a beer distribution company from importing and selling "counterfeit" beers that have labels similar to those of Modelo, Corona and other beverages.
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February 05, 2025
China Hits Trump Tariffs With Mostly Symbolic WTO Challenge
The Chinese government has challenged the Trump administration's new 10% tariff at the World Trade Organization, alleging violations of key global trade rules, even as years of U.S.-led gridlock has rendered the Geneva body mostly defunct as a dispute resolution forum.
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February 05, 2025
US Bill Aims To Ax Tax Incentives For Multinational Cos.
Congress should repeal and replace federal tax measures that allow multinational corporations to reduce taxable income in the United States, including by holding assets abroad, according to two Democratic lawmakers who reintroduced a bill to that effect Wednesday.
Expert Analysis
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The Implications Of E-Cigarette Cos. Taking Suits To 5th Circ.
The U.S. Supreme Court recently heard oral arguments in U.S. Food and Drug Administration v. R.J. Reynolds over the definition of an "adversely affected" person under the Tobacco Control Act, and the justices' ruling will have important and potentially wide-ranging implications for forum shopping claims, says Trillium Chang at Zuckerman Spaeder.
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Del. Dispatch: Lessons From Failed Albertsons-Kroger Merger
The allegations in Albertsons' lawsuit against Kroger following the grocery stores' blocked merger demonstrate how a target company can best ensure that a buyer timely and effectively complies with its obligations to pursue the necessary regulatory approvals for a deal, say attorneys at Fried Frank.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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How Cos. Can Respond To CFPB Digital Asset Safeguard Plan
Though the Consumer Financial Protection Bureau’s proposal to regulate online payment platforms via existing federal laws would create new challenges, digital payment companies that engage with the rulemaking process could help shape a win-win regulatory framework that protects consumer data and ensures the sector’s growth, says Allison Raley at Arnall Golden.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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More Environmental Claims, More Greenwashing Challenges
As companies prepare for the 2025 greenwashing landscape, they should take heed of a D.C. appellate decision that shows that environmental claims are increasingly subject to attack and provides plaintiffs with a playbook for challenging corporate claims of sustainability, say attorneys at Sidley.
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Trump Likely To Prioritize Trade, Customs Fraud Enforcement
With the evasion of tariffs and duties a probable focus for the U.S. Department of Justice and its partners under President Donald Trump, businesses should carefully monitor supply chains to avoid enforcement targeting, say attorneys at Shook Hardy.
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Overseas Investment Rule Calls For Compliance Caution
Investors should be leery of who and what they are investing in now that the federal outbound investment regime, effective Jan. 2, has extended the governement's regulatory reach to businesses and parties not previously subject to trade restrictions, says Thaddeus McBride at Bass Berry.
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Assessing Gary Gensler's Legacy At The SEC
Gary Gensler's tenure as U.S. Securities and Exchange Commission chair is defined by a record of commonsense regulation in some areas and social activism in others, and by increasing judicial skepticism about the SEC's authority to fulfill its regulatory, enforcement, administrative law and adjudicatory functions, say attorneys at Arnold & Porter.
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7 Steps To Sell Corporate Leadership On Privacy Compliance
In celebration of the 17th annual Data Privacy Day, compliance professionals shouldn't take no for an answer when they request funding and other support for their privacy initiatives — instead, consider new ways to get leaders on board, says Liisa Thomas at Sheppard Mullin.
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Takeaways From DOJ Fraud Section's 2024 Year In Review
Attorneys at Paul Weiss highlight notable developments in the U.S. Department of Justice Fraud Section’s recently released annual report, and discuss what the second Trump administration could mean for enforcement in the year to come.
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4 Employment Law Areas Set To Change Under Trump
President Donald Trump's second term is expected to bring significant changes to the U.S. employment law landscape, including the potential for updated worker classification regulations, and challenges to diversity, equity and inclusion that are already taking shape, say attorneys at Debevoise.
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Recent SEC Actions Highlight Importance Of Filing Form D
The U.S. Securities and Exchange Commission's enforcement action against three companies last month for failing to timely file Form D is an unprecedented step that should put an end to Regulation D issuers' views that filing these forms is a technical requirement or somewhat voluntary, says Patrick McCloskey at McCloskey Law.
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8 Lessons Yellow Corp. Layoffs Can Teach Distressed Cos.
A Delaware bankruptcy court’s recent decision, examining trucking company Yellow Corp.’s abrupt termination of roughly 25,500 employees, offers financially distressed businesses a road map for navigating layoffs under the Worker Adjustment and Retraining Notification Act, say attorneys at King & Spalding.
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Recent Suits Show Antitrust Agencies' Focus On HSR Review
The U.S. Department of Justice's suit this month against KKR for inaccurate and incomplete premerger filings, along with other recent cases, highlights the agency's increasing scrutiny of Hart-Scott-Rodino Act compliance for private equity firms, say attorneys at Willkie.