Corporate

  • January 16, 2025

    Texas Justices Question If Courts Can Rethink TCPA Motions

    Texas justices questioned whether a trial court can reconsider a motion under the state's anti-SLAPP law to dismiss a farmland-centered REIT's suit against a Dallas-based hedge fund, saying during oral arguments Thursday that allowing it to do so might create a "big hammer" hanging over the parties' heads.

  • January 16, 2025

    Antitrust's 'Moment' Has Arrived, Thanks To Biden Enforcers

    As President-elect Donald Trump retakes the White House, with antitrust picks operating under a mandate to go after Big Tech and "censorship" with enforcement that's vigorous, but not stifling, which key parts of President Joe Biden's competition law legacy may last and what won't are coming into focus.

  • January 16, 2025

    EpiPen Direct Buyers, Mylan Ink $75M Antitrust Deal

    Mylan Pharmaceuticals has agreed to pay $73.5 million to resolve claims it worked with Pfizer to inflate the price of the latter's popular auto-injecting emergency allergy medication EpiPen, a proposed class of direct purchasers told a Kansas federal judge Wednesday, bringing the total settlement to $123.5 million.

  • January 16, 2025

    9th Circ. Skeptical Of Undoing Microsoft Win In Wiretap Case

    The Ninth Circuit on Thursday appeared to lean toward not reviving a proposed class action alleging a website operator improperly used a Microsoft program to track a shopper's online activity, with two of the three judges on a panel questioning how collecting internet browsing data was an illegal wiretap.

  • January 16, 2025

    USPTO Seeks Views On 'Traditional Knowledge' IP Treaty

    The U.S. Patent and Trademark Office requested comments Thursday on whether the U.S. should sign an international treaty that could require patent applicants to disclose if an invention draws on the traditional knowledge of indigenous people, which has concerned business groups.

  • January 16, 2025

    NPE Patent Litigation Increased By 22% In 2024

    Patent lawsuits launched by nonpracticing entities shot up in 2024, with the Eastern District of Texas being the primary hotbed for such cases, according to a new report.

  • January 16, 2025

    Chancery Nixes More Docs For Exxon-Pioneer Merger Suit

    Ruling that "any further intrusions are unwarranted," Delaware's Court of Chancery on Thursday rejected a Pioneer Natural Resources stockholder bid for additional emails and text messages between the company's former CEO and Exxon Mobil Corp.'s top executive related to the two company's $60 billion merger.

  • January 16, 2025

    Yellow Corp., Teamsters Debate WARN Suit Ahead Of Trial

    Yellow Corp. and the unions representing many of the workers it laid off met in Delaware bankruptcy court Thursday to preview arguments they will deliver at a trial, set to start next week, that will determine whether the trucking company can escape some of the WARN Act claims it is facing after laying off 25,000 employees.

  • January 16, 2025

    McNair Son Wants Legal Fee Fight Set Back In Motion

    The eldest son of late Houston businessman Bob McNair asked a Texas appeals court Wednesday to reverse an order temporarily halting his litigation seeking legal fees connected to a probate case over the management of his family's companies.

  • January 16, 2025

    Spirit Aero Hit With Chancery Suit Over $8.3B Boeing Merger

    A Spirit Aerosystems stockholder has launched a proposed class suit in the Delaware Chancery Court challenging the company's $8.3 billion all-stock acquisition by its largest customer, Boeing, announced in July 2024, citing disclosure failures and other concerns.

  • January 16, 2025

    FTC Elevates Snap AI Chatbot Case To DOJ

    The Federal Trade Commission took the rare step Thursday of revealing its referral to the U.S. Department of Justice of its complaint alleging Snap Inc. deployed an artificial intelligence-powered chatbot that harmed young users, prompting incoming Republican Chair Andrew Ferguson to slam the allegations as an "affront to the Constitution and the rule of law."

  • January 16, 2025

    AmEx Inks $230M Deal Over DOJ, Fed Small Biz Sales Claims

    American Express has signed a nonprosecution agreement and said Thursday it will pay about $230 million to end investigations by the Department of Justice and the Federal Reserve into the financial services company's previous sales practices for some small business customers in the U.S.

  • January 16, 2025

    Amazon Shoppers' 'Buy Box' Suit Tossed For Good

    A Washington federal judge has rejected two consumers' attempt to rectify their proposed class action against Amazon, concluding the plaintiffs cannot show a reasonable customer would be duped into believing the "Buy Box" on the marketplace website shows the lowest priced offer for any item.

  • January 16, 2025

    Chamber Slams Opioid Judge's PBM Audit Privilege Ruling

    The Sixth Circuit must step in to prevent a pharmacy benefit manager from being forced to turn over internal compliance audit documents, the U.S. Chamber of Commerce has said, arguing a lower court's decision threatens to undermine the existence of in-house counsel's attorney-client privilege. 

  • January 16, 2025

    Lawmakers Ask Biden To Pause TikTok Sale-Or-Ban Law

    A group of lawmakers has urged President Joe Biden to extend a Sunday deadline for TikTok to divest from its Chinese parent company over national security concerns or face a nationwide ban, saying presidential action is needed to avoid "catastrophic" effects of the wildly popular social media platform going dark.

  • January 16, 2025

    Trump Names Senate Commerce Aide As FCC Commissioner

    President-elect Donald Trump on Thursday named Olivia Trusty, a top Republican aide on the U.S. Senate Commerce Committee, as his pick for the next GOP commissioner on the Federal Communications Commission.

  • January 16, 2025

    DOL Says Workers Received Millions In Back Wages In FY24

    Workers got back millions of dollars in the last fiscal year while unlawfully employed minors received the protections they deserved after the U.S. Department of Labor stepped in, Solicitor of Labor Seema Nanda said in her office's last enforcement report before the new presidential administration takes office.

  • January 16, 2025

    Cleveland-Cliffs Sets Sights On US Steel, And More Rumors

    Cleveland-Cliffs has re-emerged as a potential suitor to purchase U.S. Steel after President Joe Biden blocked Nippon's planned purchase, TikTok could be sold to Elon Musk, and Prada is among potential suitors eyeing Versace. Here, Law360 breaks down these and other notable deal rumors from the past week.

  • January 16, 2025

    Defense Fights Privilege Waiver In $250M COVID Fraud Case

    A Minnesota nonprofit director accused of orchestrating a $250 million fraud scheme using funds from a COVID-19 federal food program has told a federal judge that prosecutors are wrong to argue that her lawyer's testimony at her impending trial will waive her attorney-client privilege, since the lawyer would be discussing facts, not advice.

  • January 16, 2025

    Paxton-Tied Developer Pleads Guilty In Bank Fraud Case

    A real estate developer whose ties to Texas Attorney General Ken Paxton were central to his 2023 impeachment case pled guilty Wednesday to unrelated charges of making false statements to a mortgage lender.

  • January 16, 2025

    DOL Proposes Rule On Valuing Stock For Purchase By ESOPs

    The U.S. Department of Labor proposed a rule Thursday to help plan managers determine the value of company stock for purchase by an employee stock ownership plan while also withdrawing a previous rule that the DOL proposed in 1988 but never finalized.

  • January 16, 2025

    GC Network The L Suite Acquires LegalOps Group LINK

    Legal networking group the L Suite, formerly known as TechGC, has announced its acquisition of Legal Innovators Network, or LINK, a community organization representing 800 senior legal operations professionals.

  • January 16, 2025

    CFPB Says Block Must Pay Up To $175M Over Cash App

    The Consumer Financial Protection Bureau said Thursday that it has ordered Block Inc. to pay up to $175 million for alleged anti-fraud, customer service and dispute resolution failures tied to Cash App, its peer-to-peer mobile payment app.

  • January 15, 2025

    Novartis Wins Temporary Stay Of MSN's Generic Heart Drug

    The D.C. Circuit late Wednesday temporarily halted the U.S. Food and Drug Administration's approval of MSN Pharmaceuticals' generic version of Novartis' blockbuster heart failure drug Entresto, just after federal judges in D.C. and Delaware declined to block the launch of MSN's product.

  • January 15, 2025

    Microsoft Accused Of Stealing Online Marketer Commissions

    An affiliate marketing company whose software aims to help online shoppers support or avoid certain businesses hauled Microsoft into Washington federal court on Tuesday, alleging in a proposed class action that the technology giant steals referral fees and sales commissions by replacing online marketers' affiliate marketing cookies with its own.

Expert Analysis

  • How DOJ's Visa Debit Monopolization Suit May Unfold

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    The U.S. Department of Justice's recently filed Section 2 monopolization suit against Visa offers several scenarios for a vigorous case and is likely to reveal some of the challenges faced by antitrust plaintiffs following the U.S. Supreme Court's split 2018 American Express decision, say attorneys at Mintz.

  • New Export Control Guidance Raises The Stakes For Banks

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    Recent guidance from the Bureau of Industry and Security alerts banks that they could be liable for facilitating export control violations, the latest example of regulators articulating the expectation that both financial institutions and corporations serve as gatekeepers to mitigate crime and aid enforcement efforts, say attorneys at Freshfields.

  • Opinion

    Judicial Committee Best Venue For Litigation Funding Rules

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    The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.

  • The Strategic Advantages Of Appointing A Law Firm CEO

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    The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.

  • Don't Phone A Friend: Disclosing Friendships With Executives

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    The U.S. Securities and Exchange Commission's recent settlement against a former Church & Dwight chairman for violating proxy disclosure rules by neglecting to disclose his friendship with an executive officer amid a CEO search illustrates the perils of relying solely on responses to questionnaires circulated to boards, say attorneys at BCLP.

  • Planning For Cyber Incident Reporting Requirements In Sports

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    Attorneys at Wiley discuss the proposed rules under the Cybersecurity Incident Reporting for Critical Infrastructure Act that would impose extensive reporting requirements on professional and collegiate athletic organizations, universities and sports venues, including defining a covered entity and analyzing the types of events that would trigger reporting.

  • Why Diversity Jurisdiction Poses Investment Fund Hurdles

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    Federal courts' continued application of the exacting rules of diversity jurisdiction presents particular challenges for investment funds, and in the absence of any near-term reform, those who manage such funds should take action to avoid diversity jurisdiction pitfalls, say attorneys at Sher Tremonte.

  • The Ups And Downs Of SEC's Now-Dissolved ESG Task Force

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    The U.S. Securities and Exchange Commission's Climate and ESG Enforcement Task Force, which was quietly disbanded sometime over the summer, was marked by three years of resistance from some stakeholders to ESG regulation, a mixed record in the courts and several successful enforcement actions, say attorneys at Crowell & Moring.

  • Series

    Beekeeping Makes Me A Better Lawyer

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    The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.

  • The OIG Report: Bad Timing For FEC To Be Underresourced

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    With less than two weeks to the election, the Federal Election Commission’s job has never been more urgent, but a report from its Office of the Inspector General earlier this year found that the agency is facing a resource squeeze that will only get worse without corrective action, says Diana Shaw at Wiley.

  • Opinion

    It's Time To Sound The Alarm About Lost Labor Rights

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    In the Fifth Circuit, recent rulings from judges appointed by former President Donald Trump have dismantled workers’ core labor rights, a troubling trend that we cannot risk extending under another Trump administration, say Sharon Block and Raj Nayak at the Center for Labor and a Just Economy.

  • SEC Fine Shows Risks Of Nonpublic Info In X, LinkedIn Posts

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    The U.S. Securities and Exchange Commission recently announced a settlement with DraftKings over charges arising from posting material nonpublic information on the CEO's social media accounts, highlighting that information posted to company websites and social media sites does not automatically qualify as "publicly disclosed" for purposes of Regulation FD, say attorneys at O'Melveny.

  • Election Unlikely To Overhaul Antitrust Enforcers' Labor Focus

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    Although the outcome of the presidential election may alter the course of antitrust enforcement in certain areas of the economy, scrutiny of labor markets by the Federal Trade Commission and the U.S. Department of Justice is likely to remain largely unaffected — with one notable exception, say Jared Nagley and Joy Siu at Sheppard Mullin.

  • Anticipating Jarkesy's Effect On Bank Agency Enforcement

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    Following the U.S. Supreme Court’s decision in U.S. Securities and Exchange Commission v. Jarkesy, federal courts may eventually issue decisions on banking law principles and processes that could fundamentally alter the agencies' enforcement action framework, and the relationship between banks and examiners, says Brendan Clegg at Luse Gorman.

  • CFTC Anti-Fraud Blitz Is A Warning To Carbon Credit Sellers

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    With its recent enforcement actions against a carbon offset project developer and its senior executives for reporting false information about the energy savings of the company's projects, the Commodity Futures Trading Commission is staking out its position as a primary regulator in the voluntary carbon credit market, say attorneys at Morgan Lewis.

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