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May 23, 2024
Fisher Phillips Reinforces Calif. Labor And Employment Team
Fisher Phillips has hired two of counsel in its Irvine, California, office to continue representing employers and helping those clients navigate a range of labor and employment matters.
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May 23, 2024
Norfolk Southern Inks $310M Deal To Settle Feds' Spill Suit
Norfolk Southern Railway Co. on Thursday agreed to a $310 million deal to settle the federal government's legal claims that arose out of the 2023 train derailment in East Palestine, Ohio, that released large amounts of contaminants into the air, ground and water.
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May 23, 2024
DOJ Sues Live Nation 14 Years After Ticketmaster Deal
The U.S. Department of Justice sued Live Nation Thursday over the 2010 agreement clearing the concert promotion giant's purchase of Ticketmaster, an oft-maligned deal that enforcers now want to unwind and that is blamed for fiascoes like the meltdown of ticket sales for Taylor Swift's Eras tour.
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May 22, 2024
American Air Pilots Win Cert. Over 401(k)'s ESG Investments
A Texas federal judge on Wednesday certified a class of pilots accusing American Airlines of packing its $26 billion retirement plan with investments that focused too heavily on environmental, social and governance factors, like climate change, and too little on financial returns.
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May 22, 2024
Stubhub, Attys Beat Sanctions Bid For Lost Hyperlinked Docs
A California federal magistrate judge on Monday rejected a request for sanctions against StubHub and its counsel over problems finding hyperlinked documents in a case brought by consumers seeking refunds for events that were canceled or rescheduled due to COVID-19, saying the court's order requiring their production was "in most cases impossible to comply with."
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May 22, 2024
Pryor Cashman Atty Accused Of 'Brazen' Hose Patent Fraud
An attorney for Pryor Cashman LLP and his client were accused Wednesday in Florida federal court of engaging in a "brazen" scheme to usurp a hose company's rights to a patent portfolio while also defrauding the U.S. Patent and Trademark Office.
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May 22, 2024
Activist Investor Must Face Exxon's Suit Over Proxy Proposal
A Texas federal judge Wednesday refused to dismiss an Exxon Mobil Corp. lawsuit against a U.S.-based activist investor over a now-withdrawn shareholder proposal concerning climate change, saying it isn't certain they won't refile their proposal in the future.
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May 22, 2024
Caesars Escapes Privacy Suit Over Online Video Games
A New Jersey federal judge on Wednesday tossed without prejudice a proposed class action accusing Caesars of illegally sharing the personal identifying information of those who played video games on its casino website, saying the online games are not covered under the law the plaintiff alleges the casino violated.
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May 22, 2024
Founders Of BP's Archaea Looted From Own Co., Suit Says
A group of fraternity brothers who founded waste management company Noble Environmental Inc. and later sold a venture called Archaea Energy to BP has been hit with a shareholder derivative suit in Delaware Chancery Court alleging the fraternity brothers stole billions of dollars from the company and breached their fiduciary duties to minority shareholders.
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May 22, 2024
Investors Say FIS Must Investigate Derivative Suit's Claims
An investor of fintech corporation Fidelity National Information Services has pushed back on the company and its executives' bid to escape a derivative lawsuit over a $46 billion market cap drop resulting from a business spinoff, saying the company must investigate the suit's allegations.
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May 22, 2024
Ex-Google Manager Says He Lost Job For Reporting Nepotism
A former Google senior manager has sued the search giant in California state court, claiming he was fired for reporting on superiors using their positions to secure sought-after spots for their children in Google's apprentice program.
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May 22, 2024
US House Passes Crypto Bill Over SEC, White House Dissent
The U.S. House of Representatives on Wednesday passed a Republican-led framework to regulate digital assets despite pushback from many Democrats, the U.S. Securities and Exchange Commission and the White House, which questioned whether the bill will actually provide the clarity it promises.
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May 22, 2024
Ex-FTX Exec Deserves Up To 7 Years For Fraud, Feds Say
Federal prosecutors have told a New York federal judge they are seeking a five- to seven-year prison sentence for former FTX executive Ryan Salame, arguing that his campaign finance offense "is one of the largest-ever in American history."
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May 22, 2024
Ex-Citi Exec Says She Was Asked To Lie To OCC
A former Citibank NA managing director hired to bring the bank into compliance with regulatory obligations has accused the bank and its chief operating officer of wrongful termination and retaliation in a suit Wednesday, alleging she was fired for not reporting false information to authorities.
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May 23, 2024
Sunsetting Section 230 Gains Traction On Both Sides Of Aisle
Everyone at Wednesday's House subcommittee hearing, from left to right, seemed to agree that it's time to ditch the Communications Decency Act's hotly contested Section 230, which shields online platforms from liability for content posted by third parties.
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May 22, 2024
Antitrust Judge Questions Apple's Phil Schiller On New Fees
A California federal judge deciding whether Apple has complied with her ban on App Store anti-steering rules questioned Apple fellow Phil Schiller on Wednesday on Apple's new program imposing 27% fees on out-of-app transactions, saying "all the new program does is maintain the anti-competitive environment" for the company's benefit.
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May 22, 2024
Robbins Geller, Motley Rice Seek To Rep Solar Co. Investors
Motley Rice LLC and Robbins Geller Rudman & Dowd LLP want to represent investors of energy company Shoals Technologies Group Inc. in consolidated proposed class action claims taking aim at the company and its brass and underwriters for allegedly concealing costly issues with wires in its products.
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May 22, 2024
Zillow Trade Practices Case Meets Skeptical Conn. Judge
A federal judge in Connecticut on Wednesday seemed skeptical of a real estate sales associate's proposed class action complaint against Zillow Inc., suggesting that the website's "Zestimates" of home values are protected by the First Amendment during a summary judgment hearing on the sole remaining claim in the dispute.
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May 22, 2024
CBRE Calls Exec's Noncompete Right Fit In A Small World
A Texas appellate court wondered Wednesday whether a temporary injunction that seemingly bars a former CBRE executive from working in his trade anywhere in the world goes too far, and questioned the validity of the underlying noncompete agreement at the center of the legal battle.
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May 22, 2024
Cancer Patients Target J&J Talc Unit's Asset Shuffles
Cancer patients who have sued Johnson & Johnson alleging that its talcum powder caused their illness alleged Wednesday that the company has tried to intentionally prevent tort victims from getting their day in court through a scheme of fraudulent corporate transactions.
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May 22, 2024
Justices' CFPB Alliance May Save SEC Courts, Not Chevron
A four-justice concurrence to the U.S. Supreme Court's decision upholding the Consumer Financial Protection Bureau's unique funding scheme last week carries implications for other cases pending before the court that challenge the so-called administrative state, or the permanent cadre of regulatory agencies and career government enforcers who hold sway over vast swaths of American economic life.
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May 22, 2024
Solar Cell Duties May Inadvertently Crush Domestic Industry
A bevy of new duty rules on solar cell imports from Asia, coupled with a government investigation instigated by domestic producers unconventionally claiming to protect future homegrown manufacturing, could backfire on the Biden administration's efforts to boost the nascent domestic sector.
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May 22, 2024
Accepting Price-Fix Tech Invite Can Be Enough: DOJ Official
An advisor to the Justice Department's top competition official continued to argue Wednesday that signing onto a price setting algorithm can be enough to trigger antitrust liability if the program was billed as fixing prices.
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May 22, 2024
Archegos Exec Says Founder Didn't Direct Him To Lie
The former director of risk management for Archegos told a Manhattan federal jury on Wednesday that the collapsed hedge fund's founder never instructed him to lie to banks in order to finance trading activity, as a defense lawyer sought to poke holes in the government's fraud case.
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May 22, 2024
Nokia Can't Escape Suit Alleging Costly 401(k) Investments
Nokia must face a proposed class action alleging it failed to keep the costs of its employee 401(k) plan in check, a New Jersey federal judge said Wednesday, finding the plan participants leading the suit provided enough detail to back up their claims of costly investment options.
Expert Analysis
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DOJ's Safe Harbor Policy May Quietly Favor M&A Enforcement
In a change that has received little attention, the U.S. Justice Department's recently codified safe harbor policy essentially reads the Antitrust Division's criminal enforcement out of the policy entirely, and now appears to favor merger enforcement in antitrust, rather than criminal enforcement, as originally intended, say Daniel Oakes and James Attridge at Axinn.
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Examining The Arbitration Clause Landscape Amid Risks
Amid a new wave of mass arbitrations, recent developments in the courts and from the American Arbitration Association suggest that companies should improve arbitration clause drafting to protect themselves against big-ticket settlements and avoid major potential liability, say attorneys at Benesch.
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Takeaways From The 2023 DOJ Fraud Section Report
Attorneys at Wiley discuss notable trends from the U.S. Department of Justice's recently reported Fraud Section activity last year and highlight areas of enforcement to watch for in the future, including healthcare fraud and Foreign Corrupt Practices Act violations.
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2nd Circ. Baby Food Ruling Disregards FDA's Expertise
The Second Circuit's recent decision in White v. Beech-Nut Nutrition, refusing to defer litigation over heavy metals in baby food until the U.S. Food and Drug Administration weighs in on the issue, provides no indication that courts will resolve the issue with greater efficiency than the FDA, say attorneys at Phillips Lytle.
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Past CCPA Enforcement Sets Path For Compliance Efforts
The California Privacy Protection Agency and the California Attorney General's Office haven't skipped a beat in investigating potential noncompliance with the California Consumer Privacy Act, and six broad issues will continue to dominate the enforcement landscape and inform compliance strategy, say attorneys at Reed Smith.
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Where 9th Circ. Lowe's Ruling Leaves PAGA Jurisprudence
Leah Kennedy and Carolyn Wheeler at Katz Banks discuss the legal landscape and controlling precedent around the Private Attorneys General Act that led to the Ninth Circuit's Johnson v. Lowe's decision last month on individual PAGA wage claims, and explore the open questions that it leaves.
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Why Oncology Deal Making Continues To Fuel Biotech M&A
The biotech sector's potential for advancements in cancer care continues to attract deal-maker interest, and the keys to successful mergers and acquisitions include the ability to integrate innovative therapies, leverage technological advancements and respond to the dynamic needs of patients, say Bryan Luchs and Mike Weir at White & Case.
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5 Issues To Consider When Liquidating Through An ABC
Assignments for the benefit of creditors continue to grow in popularity as a tool for an orderly wind-down, and companies should be considering a number of issues before effectuating the assignment, including in which state it should occur, obtaining tail coverage and preparing a board creditor mailing list, says Evelyn Meltzer at Troutman Pepper.
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Opinion
Judicial Independence Is Imperative This Election Year
As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.
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Legal Issues When Training AI On Previously Collected Data
Following the Federal Trade Commission's recent guidance about the use of customer data to train artificial intelligence models, companies should carefully think through their terms of service and privacy policies and be cautious when changing them to permit new uses of previously collected data, says James Gatto at Sheppard Mullin.
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Document Retention Best Practices To Lower Litigation Risks
As new technologies emerge and terabytes of data can be within the purview of a single discovery request, businesses small and large should take four document management steps to effectively minimize risks of litigation and discovery sanctions long before litigation ensues, says Kimbrilee Weber at Norris McLaughlin.
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Series
Riding My Peloton Bike Makes Me A Better Lawyer
Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.
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The Challenges SEC's Climate Disclosure Rule May Face
Attorneys at Debevoise examine potential legal challenges to the U.S. Securities and Exchange Commission's new climate-related disclosure rule — against which nine suits have already been filed — including arguments under the Administrative Procedure Act, the major questions doctrine, the First Amendment and the nondelegation doctrine.
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Tips For Healthcare M&A Amid Heightened Antitrust Scrutiny
As the Biden administration maintains its aggressive approach to antitrust merger enforcement, prudent healthcare M&A counsel will consider practical advice when contemplating their next transaction, including carefully selecting a merger partner and preparing for a potentially long waiting period prior to closing, say attorneys at Davis Wright.
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Class Actions At The Circuit Courts: March Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four notable circuit court decisions on topics from consumer fraud to employment — and provides key takeaways for counsel on issues including coercive communications with putative class members and Article III standing at the class certification stage.