Corporate

  • May 20, 2024

    McKinsey Can't Nix Pregnant Women's Claims In Opioid MDL

    A California federal judge has cut some claims from multidistrict litigation seeking to hold McKinsey & Co. Inc. liable for infant neonatal abstinence syndrome caused by pregnant women's use of opioids, trimming fraud and nuisance-based claims, but allowing conspiracy and aiding-and-abetting claims to proceed against the consulting firm.

  • May 20, 2024

    Healthcare Futures Co. Sues Breakaway Ex-Members In Del.

    A company seeking to develop what it described as the first healthcare futures exchange has sued two former managers in Delaware's Court of Chancery for pilfering intellectual property and other resources and then launching a competing venture.

  • May 20, 2024

    Archegos Lied To Banks To Obtain Credit Lines, Jury Told

    The former director of risk management at the fallen private capital fund Archegos told a Manhattan federal jury Monday that he lied to banks about the fund's portfolio to induce them to extend lines of credit at the direction of his former boss, Archegos Chief Financial Officer Patrick Halligan.

  • May 20, 2024

    Investor Group Wants Slowdown On Del. Corporation Law Bill

    Critics of a fast-tracked proposal to amend Delaware's General Corporation Law to give controlling stockholders wider influence or vetoes over some board decisions are urging the state's bar association to tap the brakes, following a Chancery Court decision striking down a Moelis & Co. stockholder agreement as flouting existing law.

  • May 20, 2024

    FTC Says Albertsons Execs Deleted Texts In Kroger Case

    Kroger and the Federal Trade Commission are at each other's throats over discovery in the agency's in-house challenge to the grocery giant's $25 billion merger with Albertsons and in district court, with the grocers accusing the agency of "running out the clock" and the FTC accusing the grocers of deleting text messages.

  • May 20, 2024

    Tesla Must Face Sweeping Race Bias Class Action

    Tesla must face a class action by scores of Black workers accusing it of a widespread culture of racial discrimination at its factory in Fremont, California, a state trial court judge has ruled.

  • May 20, 2024

    Chancery Preserves Most Of Super Group SPAC Suit

    A shareholder of a blank-check company who's suing its sponsor and top leaders in Delaware's Court of Chancery got the green light Monday to move ahead with most of his proposed class claims related to the SPAC's $4.75 billion merger with the online sports betting company that runs online casinos Betway and Spin.

  • May 20, 2024

    UTA Atty Sued Over 'Pathological Liar' Remark Nears Win

    Counsel for MediaLink's founder on Monday urged a Los Angeles judge not to toss his $125 million defamation suit against United Talent Agency's attorney for publicly calling him a "pathological liar," saying the tentative ruling protecting the attorney's speech would immunize lawyers to say "whatever they want" about opposing parties.

  • May 20, 2024

    Rite Aid Settles Trademark Suit Over New Logo

    Rite Aid has reached an agreement with Brand Design Co. to end a lawsuit claiming that the drugstore chain misused the design firm's font for a new logo, the parties have told a Pennsylvania federal court.

  • May 20, 2024

    3 Insurance Execs Can't Hit Pause On Asset Theft Claims

    Three former Sherbrooke Corporate Ltd. executives accused of stealing assets when they left to form their own venture lost a bid to halt the company's lawsuit, after a North Carolina federal judge doubted that their efforts to toss the case would succeed.

  • May 20, 2024

    Conn. Retools Bid To Deny Utility Board Member's Pension

    The state of Connecticut on Monday agreed to retool two paragraphs of a complaint seeking to revoke the pension of a Norwich city employee convicted of misusing funds while serving on a public utility board, a move that a state trial court judge hoped would more swiftly adjudicate the dispute.

  • May 20, 2060

    Coverage Recap: Day 15 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 ahead of the 2016 election. Here's a recap from day 15.

  • May 20, 2024

    Ga. Court Sends Fatal Restaurant Shooting Suit To Trial

    The Georgia Court of Appeals on Monday said a lawsuit against an Atlanta-area restaurant and its security company over a 2016 shooting on the premises should proceed to trial.

  • May 20, 2024

    USPTO Says Patent Applicants' Data Was Mistakenly Leaked

    The U.S. Patent and Trademark Office has said it accidentally released certain patent information that shouldn't have been made public during a more than monthlong period, marking another time the office has incorrectly released information.

  • May 20, 2024

    Senate Report Ties Automakers To Uyghur Forced Labor

    BMW, Jaguar Land Rover and Volkswagen imported cars and their parts that were manufactured by a Chinese company sanctioned for using forced labor, according to a congressional report released Monday raising concerns about compliance with recent measures to crack down on labor violations.

  • May 20, 2024

    J&J Says Beasley Allen Looking To 'Bias' Vote On $6.5B Plan

    Johnson & Johnson's bankrupt talc unit accused the Beasley Allen Law Firm of attempting to intentionally "bias" the vote against its recently announced proposal to pay out $6.5 billion in a prepackaged reorganization plan to resolve claims that its talc-based baby powder causes ovarian cancer.

  • May 20, 2024

    Insider Trader Settles With SEC Over Friend's ADI Tip

    A Massachusetts accountant who admitted to trading on inside information about Analog Devices Inc.'s plans to buy a California semiconductor company has settled related civil charges lodged by the U.S. Securities and Exchange Commission, according to a Monday filing in federal court.

  • May 20, 2024

    Stanley Black & Decker Nixes $3.8M Factory Equipment Suit

    Stanley Black & Decker Inc. has dropped a $3.8 million lawsuit against a supplier that it accused of providing faulty equipment for a factory in Texas that ultimately shut down, according to a filing in Connecticut federal court.

  • May 20, 2024

    Baker McKenzie Ends FOIA Suit Over IRS Partnership Audits

    A Baker McKenzie attorney has dropped a public records lawsuit against the Internal Revenue Service that sought to compel the agency to turn over documents pertaining to its scrutiny of large partnerships.

  • May 20, 2024

    Catching Up With Delaware's Chancery Court

    Delaware was full of drama last week, as proposed changes to the state's corporate law statutes raised eyebrows and a professor's friend-of-the-court brief sparked a very unfriendly public exchange. Delaware's court of equity banged the gavel on pipeline and social media disputes, and shareholders filed new suits alleging insider trading, vote bungling, unfair stock buybacks and merger shenanigans. In case you missed any of it, here's the recap of all the top news last week from Delaware's Chancery Court.

  • May 20, 2024

    Latham Adds Former Chief Legal Officer Of REIT In NY

    Latham & Watkins LLP announced Monday that the former chief legal officer for real estate investment trust Safehold Inc. has joined the firm's New York office as a partner in the real estate practice.

  • May 20, 2024

    Shah Ends Novavax Proxy Fight Following Sanofi Deal

    Hedge fund Shah Capital Management Inc. told fellow Novavax Inc. shareholders Monday that it is ending its fight to remove certain members of the biotech company's board, citing its favorable view of Novavax's licensing deal with Sanofi earlier this month.

  • May 20, 2024

    McElroy Deutsch Says Ex-Exec's Guilt Boosts Home Claim

    McElroy Deutsch Mulvaney & Carpenter LLP doubled down on its attempt to seize the home of two former firm executives following a guilty plea on criminal embezzlement charges earlier this month by one of them, the firm's former chief financial officer.

  • May 20, 2024

    FDIC's Gruenberg To Resign In Workplace Report Aftermath

    Federal Deposit Insurance Corp. Chairman Martin Gruenberg committed Monday to resigning from his post amid continuing fallout from his agency's toxic workplace scandal, bending to mounting pressure for his exit.

  • May 20, 2024

    Latham-Led CyberArk Buying PE-Backed Venafi In $1.54B Deal

    Latham & Watkins LLP is guiding Newton, Massachusetts-based CyberArk on a new deal to buy fellow cybersecurity company Venafi from Chicago-based private equity firm Thoma Bravo, represented by Kirkland & Ellis LLP, at an enterprise value of $1.54 billion, CyberArk said Monday. 

Expert Analysis

  • Opinion

    SEC Doesn't Have Legal Authority For Climate Disclosure Rule

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    Instead of making the required legal argument to establish its authority, the U.S. Securities and Exchange Commission's climate-related disclosure rule hides behind more than 1,000 references to materiality to give the appearance that its rule is legally defensible, says Bernard Sharfman at RealClearFoundation.

  • What 100 Federal Cases Suggest About Changes To Chevron

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    With the U.S. Supreme Court poised to overturn or narrow its 40-year-old doctrine of Chevron deference, a review of 100 recent federal district court decisions confirm that changes to the Chevron framework will have broad ramifications — but the magnitude of the impact will depend on the details of the high court's ruling, say Kali Schellenberg and Jon Cochran at LeVan Stapleton.

  • Patent Damages Jury Verdicts Aren't Always End Of The Story

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    Recent outcomes demonstrate that patent damages jury verdicts are often challenged and are overturned approximately one-third of the time, and successful verdict challenges typically occur at the appellate level and concern patent validity and infringement, say James Donohue and Marie Sanyal at Charles River.

  • FTC Noncompete Rule May Still Face Historical Hurdles

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    The Federal Trade Commission's final rule banning noncompetes might face challenges that could have been avoided with more cautious consideration of the commission's long history of failed lawsuits that went beyond the agency's statutory authority, as well as the mountain of judicial precedent justifying noncompete agreements in employment contracts, say attorneys at BakerHostetler.

  • Justices' Title VII Ruling Requires Greater Employer Vigilance

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    The U.S. Supreme Court’s recent Muldrow v. St. Louis ruling expands the types of employment decisions that can be challenged under Title VII, so employers will need to carefully review decisions that affect a term, condition or privilege of employment, say attorneys at Morgan Lewis.

  • Opinion

    SEC Should Be Allowed To Equip Investors With Climate Info

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    The U.S. Securities and Exchange Commission's new rule to require more climate-related disclosures will provide investors with much-needed clarity, despite opponents' attempts to challenge the rule with misused legal arguments, say Sarah Goetz at Democracy Forward and Cynthia Hanawalt at Columbia University’s Sabin Center for Climate Change.

  • Why High Court May Have Rejected IP Obviousness Appeal

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    Attorneys at Womble Bond analyze possible reasons the U.S. Supreme Court rejected Vanda Pharmaceuticals' request to review the Federal Circuit’s reasonable expectation of success standard for determining obviousness, including that the court was unpersuaded by the company's argument that Amgen v. Sanofi places a bind on drug developers.

  • New Federal Bill Would Drastically Alter Privacy Landscape

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    While the recently introduced American Privacy Rights Act would eliminate the burdensome patchwork of state regulations, the proposed federal privacy law would also significantly expand compliance obligations and liability exposure for companies, especially those that rely on artificial intelligence or biometric technologies, says David Oberly at Baker Donelson.

  • How Cos. Can Comply With New PFAS Superfund Rule

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    The U.S. Environmental Protection Agency's new rule designating two per- and polyfluoroalkyl substances as "hazardous substances" under the Superfund law will likely trigger additional enforcement and litigation at sites across the country — so companies should evaluate any associated reporting obligations and liability risks, say attorneys at Alston & Bird.

  • Ill. Justices' Ruling Answers Corporate Defamation Questions

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    The Illinois Supreme Court's recent unanimous decision in Project44 v. FourKites provides needed certainty and direction for lower courts considering defamation cases involving communications to corporate officers from third parties outside the corporation, which could result in fewer unwarranted motions to dismiss in trial courts and nonmeritorious appeals, says Phillip Zisook at Schoenberg Finkel.

  • As Arbitrator Bias Claims Rise, Disclosure Standards Evolve

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    The growth in post-award challenges based on arbitrators' alleged conflicts of interest has led to the release of new guidance and new case law on the topic — both supporting the view that professional familiarity alone does not translate to a lack of impartiality, say attorneys at Skadden.

  • Social Media Free Speech Issues Are Trending At High Court

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    The U.S. Supreme Court's recent decision examining what constitutes state action on social media can be viewed in conjunction with oral arguments in two other cases to indicate that the court sees a need for more clarity regarding how social media usage implicates the First Amendment, say attorneys at Kean Miller.

  • Opinion

    CFPB Could, And Should, Revise Open Banking Rulemaking

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    In light of continued global developments in open banking, the Consumer Financial Protection Bureau should evaluate whether it actually should use its proposed rule on Section 1033 of the Dodd-Frank Act to amplify personal financial data rights in the U.S., says Brian Fritzsche at the Consumer Bankers Association.

  • How Cos. Can Protect IP In Light Of FTC Noncompete Rule

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    While several groups are challenging the Federal Trade Commission’s recently approved rule banning noncompetition agreements, employers should begin planning other ways to protect their valuable trade secrets, confidential information and other intellectual property, says Thomas Duston at Marshall Gerstein.

  • Tylenol MDL Highlights Expert Admissibility Headaches

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    A New York federal court's decision to exclude all plaintiff experts in a multidistrict litigation concerning prenatal exposure to Tylenol highlights a number of expert testimony pitfalls that parties should avoid in product liability and mass tort matters, say Rand Brothers and Courtney Block at Winston & Strawn.

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