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Corporate
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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.
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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."
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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."
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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.
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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.
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November 25, 2024
FTC's Antitrust Case Against Meta Gets April Trial Date
A D.C. federal court has set an April 14 trial date for the Federal Trade Commission's antitrust case accusing Meta of monopolizing personal social networking through its acquisitions of Instagram and WhatsApp.
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November 25, 2024
'Sham' Patent Charges Bog Down Holiday Light Fight
Amid a multi-front intellectual property fight between a China-based holiday light manufacturer and a so-called "patent troll," the company told a Georgia judge Monday that the patent holder had impermissibly tried to engineer jurisdiction by signing over to itself one of the patents at issue just minutes before filing its counterclaim.
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November 25, 2024
Calif. Board Seeks Comment On AI Rules Amid Pushback
The California Privacy Protection Agency on Friday opened the public comment period for its latest rulemaking package proposing expansive draft rules regulating technologies fueled by artificial intelligence — including in the employment, education, healthcare, consumer protection, banking and insurance contexts — which business groups have already criticized as being overly broad and burdensome.
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November 25, 2024
Beyond Meat Told It's Likely To Beat Production Woe Suit
A Los Angeles federal judge appeared poised Monday to toss, for good, a reworked investor class action accusing Beyond Meat of concealing major problems with its efforts to scale production on plant-based meat substitutes for fast food chains like McDonald's, KFC and Pizza Hut.
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November 25, 2024
Self-Driving Truck Co. Founder Sues To Regain Share Control
A founding member of TuSimple Holdings, a company formed to develop software and systems to support autonomous long-haul trucking operations, has sued a large company shareholder in Delaware Chancery Court seeking to invalidate a voting agreement that allegedly handed off all of the founder's voting power to the shareholder.
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November 25, 2024
Quarles & Brady Lands Buchalter Employment Duo In Calif.
Quarles & Brady LLP has brought on a pair of Buchalter PC employment attorneys as partners in its San Diego office, marking the Milwaukee-based firm's latest expansion in the Golden State since arriving there through a merger nearly two years ago.
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November 25, 2024
Atty Sanctioned Over Depo Misconduct In Blank Rome Suit
An attorney's alleged personal attacks against opposing counsel, refusal to answer questions and wrongful invoking of attorney-client privilege for certain documents led a Philadelphia federal court to order sanctions against her in an order published Monday.
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November 25, 2024
Ex-Fox Rothschild Corp. Head Ends Bias Suit Against Firm
Fox Rothschild LLP has resolved a discrimination lawsuit with a former head of its corporate department who claimed he was pushed out of the firm after nearly three decades because of his age, according to a stipulation of dismissal filed Monday in New Jersey state court.
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November 25, 2024
Amazon Says Drivers Still MIA During Discovery In Wage Suit
Delivery drivers are still falling short of following discovery orders in an almost decade-long suit accusing Amazon of misclassifying them as independent contractors, the e-commerce giant told a Washington federal court, urging it to boot those workers from the case.
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November 25, 2024
Jury Finds Natera Owes Guardant $292.5M In False Ad Suit
A California federal jury on Monday awarded $292.5 million in actual and punitive damages to medical test maker Guardant Health after finding that its rival Natera falsely advertised its colorectal cancer test Signatera as superior to Guardant's competing product Reveal.
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November 25, 2024
Condo Boards Likely Safe From Corporate Transparency Law
New corporate reporting requirements under an anti-money laundering law likely do not apply to condominium associations, a Massachusetts federal judge ruled.
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November 25, 2024
Trump 2.0 Expected To Maintain Tech Antitrust Cases
President-elect Donald Trump has promised dramatic changes with his pending second term, but antitrust practitioners are anticipating a return to normal after four years of an aggressive Biden administration that's seemed skeptical of big business on the whole, though they also don't expect enforcement to be lax.
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November 25, 2024
Solar Co. Ex-CEO Attys Say DQ Request 'Untethered To Facts'
Lawyers representing the former CEO of a now-defunct solar energy company against fraud and racketeering claims have told a Michigan federal judge that their previous in-house work for the company is not grounds to disqualify them from the suit, calling the plaintiffs' attempt to have them removed "untethered to facts" and improperly delayed.
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November 25, 2024
SDNY's Williams To Resign Before Trump Takes Office
Manhattan U.S. Attorney Damian Williams said Monday he will resign Dec. 13, clearing the way for President-elect Donald Trump's nominee, former U.S. Securities and Exchange Commission chair Jay Clayton, to run the office next year.
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November 22, 2024
Natera's Conduct 'Despicable,' Guardant Says As Trial Wraps
Guardant urged a California federal jury at the close of its false advertising trial Friday to make rival Natera pay it hundreds of millions of dollars, saying the competitor's misrepresentation of the companies' competing cancer detection tests was "despicable," while Natera countered it was Guardant that used deceptive marketing.
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November 22, 2024
Pam Bondi's 'Greatest Hits' As Florida Attorney General
In her eight years as attorney general of Florida, Pam Bondi — who has been tapped by President-elect Donald Trump as attorney general — took on pill mills and telemarketing scams targeting the state's large elderly population, while also leading GOP state efforts to battle the Obama administration.
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November 22, 2024
Real Estate Recap: AI, NY Rent Control, NEPA
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including one BigLaw partner's view of local governments leveraging artificial intelligence for land use, how landlords may challenge New York's rent laws following the latest High Court cert denial, and what a recent D.C. Circuit ruling could mean for National Environmental Policy Act interpretation.
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November 22, 2024
Sirius XM Cancellation Policies Flout Federal Law, Judge Says
A New York state judge held that Sirius XM Radio Inc.'s account cancellation policies, while not fraudulent, violate federal law by forcing consumers to call customer service and listen to drawn-out discount pitches before they're able to unsubscribe.
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November 22, 2024
'The Future Of Wells Fargo' Sues For Sex Discrimination
Wells Fargo's former global head of resiliency and continuity sued for gender discrimination in New York federal court on Thursday, saying that despite once being celebrated as "the future of Wells Fargo," her boss repeatedly favored male employees over her and other female employees.
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November 22, 2024
Fox Corp., Class Battle Over Multibillion Del. Defamation Suit
Fox Corp. "demonstrated willingness to republish demonstrably false material" promoting bogus 2020 election conspiracies to bolster its market share, a class attorney said during dismissal arguments Friday in a Delaware Court of Chancery suit seeking billions of dollars in damages.
Expert Analysis
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Secret Service Failures Offer Lessons For Private Sector GCs
The Secret Service’s problematic response to two assassination attempts against former President Donald Trump this summer provides a crash course for general counsel on how not to handle crisis communications, says Keith Nahigian at Nahigian Strategies.
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Opinion
Bill Is Key To Protecting US Economy From Patent Piracy
It is critical that Congress pass a recently introduced bill that would protect U.S. investors from intellectual property theft by restoring court-ordered injunctions as the default remedy in patent infringement cases to ensure inventors get the justice they deserve, says Andrei Iancu at Sullivan & Cromwell.
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Series
Colorado Banking Brief: All The Notable Legal Updates In Q3
In the third quarter of 2024, Colorado's banking and financial services sector faced both regulatory updates and changes to state law due to recent federal court decisions — with consequences for local governments, mortgage lenders, state-chartered trust companies and federally chartered lenders serving Colorado consumers, says Sarah Auchterlonie at Brownstein Hyatt.
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Takeaways From TOTSA Settlement And Critical CFTC Dissent
The U.S. Commodity Futures Trading Commission's recent settlement with TOTSA highlights the agency's commitment to enforcing market integrity and deterring manipulative practices, while Commissioner Caroline Pham's dissent to the settlement spotlights the need for transparency and consistency in enforcement actions, say attorneys at Davis Wright.
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Building US-Japan Relationships In The M&A Market
The prospect of U.S.-Japanese mergers and acquisitions presents stronger competition to U.S. investors in the global M&A markets, while also opening up an additional exit route for sellers looking to offload strategic assets, says Nick Wall at A&O Shearman.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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From Concept To Capital: 5 Stages Of Evolving IP Needs
Companies must understand the shifting intellectual property needs throughout an organization’s life cycle in order to protect innovation, which can be done by fortifying the IP portfolio, expanding and leveraging IP assets, and more, says Keegan Caldwell at Caldwell Law.
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Series
In The CFPB Playbook: No Lazy, Hazy Days Of Summer
The Consumer Financial Protection Bureau is headed for a brisk fall season, on the heels of a heated summer, which included the U.S. Supreme Court's ruling that the CFPB funding structure is constitutional, and in advance of the November election, says Eamonn Moran at Holland & Knight.
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FTC Focus: How Scrutiny Of PBMs And Insulin May Play Out
Should Express Scripts' recent judicial challenge to the Federal Trade Commission succeed, any new targets could add litigation and choice of forum to their playbooks, and potential FTC court action on insulin could be forced to parallel venues as the issues between the commission and PBMs evolve, say attorneys at Proskauer.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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A Class Action Trend Tests Limit Of Courts' Equity Powers
A troubling trend has developed in federal class action litigation as some counsel and judges attempt to push injunctive relief classes under Rule 23(b)(2) of the Federal Rules of Civil Procedure beyond the traditional limits of federal courts' equitable powers, say attorneys at Jones Day.
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Antitrust Issues To Watch Amid Google Ad Tech Trial
Regardless of the outcome of the U.S. Department of Justice's advertising technology antitrust suit against Google in Virginia federal court, matters ranging from market definition to unified pricing will likely have far-reaching implications for the digital advertising industry, competition and innovation, say attorneys at Holland & Knight.
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Key Takeaways From DOJ's New Corp. Compliance Guidance
The U.S. Department of Justice’s updated guidance to federal prosecutors on evaluating corporate compliance programs addresses how entities manage new technology-related risks and expands on preexisting policies, providing key insights for companies about increasing regulatory expectations, say attorneys at Debevoise.
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What To Know About Latest Calif. Auto-Renewal Law Update
While businesses have about nine months to prepare before the recently passed amendment to California's automatic renewal law takes effect, it’s not too early to begin working on compliance efforts, including sign-up flow reviews, record retention updates and marketing language revisions, say Gonzalo Mon and Beth Chun at Kelley Drye.
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How Lucia, Jarkesy Could Affect Grocery Merger Challenge
While the Federal Trade Commission is taking a dual federal court and administrative tribunal approach to block Kroger's merger with Alberstons, Kroger's long-shot unconstitutionality claims could potentially lead to a reevaluation of the FTC's reliance on administrative processes in complex merger cases, say attorneys at Saul Ewing.