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May 21, 2024
Ex-EnCore GC Joins Fisher Phillips' Gov't Relations Team
Fisher Phillips announced Tuesday that it has hired for its government relations practice group an attorney who was EnCore Energy Corp.'s former general counsel and has extensive experience in the public sector, including a stint as principal deputy solicitor for the U.S. Department of the Interior.
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May 21, 2024
DOJ, VW Ask 9th Circ. To Void Jones Day Docs Release Order
The U.S. Department of Justice and Volkswagen have told the Ninth Circuit that forcing them to release confidential Volkswagen documents that were part of a Jones Day investigation into the automaker's 2015 emissions-cheating scandal would have far-reaching, chilling implications for federal criminal prosecutions.
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May 21, 2024
US Steel And Cleveland-Cliffs Spar Over Merits Of Nippon Deal
U.S. Steel sought to "correct the record" regarding its planned $14.9 billion sale to Nippon Steel on Tuesday, highlighting its continued faith in the deal while blasting what it called a "misinformation campaign" from rival Cleveland-Cliffs.
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May 21, 2024
Pillsbury Lands 5-Atty Team In China From Paul Hastings
Pillsbury Winthrop Shaw Pittman LLP has added a five-member team of lawyers in China from Paul Hastings LLP, including Jia Yan, the latter firm's former co-chair of the Shanghai and Beijing offices.
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May 21, 2024
Strategic Hiring Was The New Normal For BigLaw In 2023
The 400 largest law firms by headcount in the U.S. grew more slowly in 2023 than in the previous two years, while Kirkland & Ellis LLP surpassed the 3,000-attorney threshold, according to the latest Law360 ranking.
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May 21, 2024
The Law360 400: Tracking The Largest US Law Firms
The legal market expanded more tentatively in 2023 than in previous years amid a slowdown in demand for legal services, especially in transactions, an area that has been sluggish but is expected to quicken in the near future.
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May 21, 2024
Construction Groups Press To Halt DOL Prevailing Wage Rule
The U.S. Department of Labor's final rule regulating prevailing wages under the Davis-Bacon Act creates tangible damage and a Texas federal court should stop it, a group of construction groups suing the department said.
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May 21, 2024
Trump Rests In NY Hush Money Trial, Declining To Testify
Donald Trump rested his defense Tuesday in the Manhattan district attorney's criminal hush money case, closing out the testimony and setting the stage for deliberations next week after the former president opted not to take the witness stand.
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May 21, 2024
Full Fed. Circ. Throws Out 'Rigid' Tests For Design Patents
The full Federal Circuit on Tuesday overruled long-standing tests for proving that design patents are invalid as obvious, finding that the rules are "improperly rigid" and holding that the obviousness test for utility patents should be used instead.
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May 20, 2024
Scarlett Johansson 'Shocked, Angered' By ChatGPT AI Voice
Scarlett Johansson revealed in a statement Monday that she declined OpenAI CEO Sam Altman's offer to voice the current ChatGPT, but said she was "shocked, angered and in disbelief" when she recently heard a demo of the generative artificial intelligence system's voice that "sounded so eerily similar" to her own.
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May 20, 2024
Ex-BlackRock VP Says He Was Fired After Whistleblowing
BlackRock Inc. has been sued in New York state court by a former vice president and purported whistleblower who alleged he faced retaliation and wrongful termination after raising concerns about self-dealing, corruption and conflicts of interest at the asset management firm.
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May 20, 2024
Autonomy CEO Reaped $516M From HP Acquisition, Jurors Told
Ex-Autonomy CEO Michael Lynch took home more than $516 million from the software company's $11.7 billion sale to HP, an FBI agent testified Monday as the government's last witness in a trial over allegations Lynch duped HP into overpaying to buy the company.
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May 20, 2024
Judge Assails Trump Witness After Manhattan DA Rests Case
The Manhattan district attorney's office on Monday rested its case in the criminal trial of former President Donald Trump on 34 counts of falsifying business records, while a Davidoff Hutcher & Citron LLP attorney and witness found himself on the wrong side of New York Supreme Court Justice Juan Merchan.
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May 20, 2024
Crypto Groups Move To Ditch 'Irrational' SEC Dealer Rule
A pair of crypto industry groups suing the U.S. Securities and Exchange Commission over its expansion of the dealer definition have asked a Texas federal judge to grant them a win in the suit and cut down the "unexplained and irrational rulemaking" they claim violated the rulemaking process.
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May 20, 2024
Lab Says GSK Hid Zantac Cancer Risk From Feds For Decades
A Connecticut laboratory claims that GlaxoSmithKline defrauded federal health insurance programs for billions by hiding for 40 years that Zantac decomposes into a carcinogen even when just sitting on the shelf, in a lawsuit filed Monday in Pennsylvania federal court.
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May 20, 2024
TD Bank Ex-Employees Ordered To Back Off Client Contacts
TD Bank NA and its subsidiary TD Private Client Wealth LLC scored a temporary restraining order in Connecticut federal court in a suit accusing two former employees of breaking nonsolicitation agreements and enticing $25 million in client assets to move with them to Raymond James Financial Services Inc.
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May 20, 2024
SolarWinds Accuses SEC Of 'Troubling Pattern' Of Distortion
SolarWinds Corp. is calling out the U.S. Securities and Exchange Commission for what it deems to be a "troubling pattern" of overstating its case against the government contractor, saying that a recent admission by the agency "dooms" claims that the company knew a customer had been hacked and failed to report it.
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May 20, 2024
TD Bank Customers' $32.2M Overdraft Fee Deal Gets Initial OK
A New Jersey federal judge has given the first green light to a nearly $22 million settlement, plus more than $10 million in overdraft forgiveness, in a suit alleging TD Bank charged improper overdraft fees in debit card transactions.
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May 20, 2024
Texas Judge Rescinds Denial Of SpaceX's Rethink Bid
A Texas federal judge on Monday walked back his decision last week not to reconsider an order transferring SpaceX's National Labor Relations Board constitutionality dispute to a California court, saying he is "awaiting input from the Fifth Circuit."
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May 20, 2024
DOJ Says Google Ad Tech Case About Coercion, Not Dealing
The U.S. Department of Justice urged a Virginia federal judge Friday to preserve its case accusing Google of monopolizing key digital advertising technology, arguing the search giant is misconstruing a case that is really about forcing customers to use its ad exchanges, not about who the company does business with.
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May 20, 2024
House Advances Bill To Limit Some Patent Office Fines
A bill that would create a "good faith exception" to certain fines from the U.S. Patent and Trademark Office has unanimously passed through the House's Judiciary Committee.
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May 20, 2024
Startup Admits Sharing IP With Boeing After Supposed Swipe
The co-founder of a startup accusing the Boeing Co. of plotting to steal its intellectual property to build a copycat electric jet acknowledged during cross-examination Monday that his company kept willingly sharing trade secrets with the aviation giant after discovering the alleged misappropriations.
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May 20, 2024
Transparency Act Violates Constitution, Groups Tell 11th Circ.
The Corporate Transparency Act's reporting requirements violate the Fifth Amendment's protection against self-incrimination and other constitutional provisions, libertarian think tank Cato Institute and others said Monday in urging the Eleventh Circuit to uphold an Alabama district court's ruling against the law.
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May 20, 2024
GM Cleared Of 'Inequitable Conduct' Accusations In Patent Row
A federal judge in Chicago has ruled that General Motors's longtime legal rival there has failed to convince him that engineers working for the automaker showed "deceptive intent" when filing a design patent at the U.S. Patent and Trademark Office using the wrong name.
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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.
Expert Analysis
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Business Litigators Have A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.
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Understanding Insurance Is Key To Limiting Antitrust Liability
As regulators signal their intent to continue last year's aggressive campaign of corporate antitrust litigation, businesses must make active management of their liability insurance policies, along with a firm knowledge of the limits of their coverage, central to their strategies for limiting the enormous financial risks of enforcement, say attorneys at Nossaman.
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Takeaways From USPTO's AI-Assisted Invention Guidance
Recently issued guidance from the U.S. Patent and Trademark Office clarifies how patent inventorship is to be determined when AI is involved, and while the immediate risk of prosecution for failing to meet the new standards appears low, the extent of examiners’ scrutiny remains to be seen, say attorneys at Foley & Lardner.
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What FTC's 'Killer Acquisition' Theory Means For Pharma Cos.
The Federal Trade Commission's recent lawsuit to block Sanofi's acquisition of a pharmaceutical treatment developed by Maze Therapeutics builds on previous enforcement actions and could indicate the agency's growing willingness to use its so-called killer acquisition theory against perceived attempts to eliminate nascent competition, say attorneys at Morgan Lewis.
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Under The Hood Of The SEC Securitization Conflict Rule
Elanit Snow and Julia Vitter of Proskauer consider the U.S. Securities and Exchange Commission's recently finalized rule that prohibits conflicts of interest in certain securitization transactions, uncovering what the new regulation does and doesn’t entail, why it was adopted, and how commenters' remarks affected the process.
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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Tips For Counsel Seeking Balance In The ESG Political Divide
Corporate counsel tasked with navigating environmental, social and governance factors in the current polarized political environment should not lose sight of best practices, including sticking to what the law requires and always telling the truth, say Jennifer Rubin at Mintz and Mike Rider at ResMed.
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Assessing Chinese Cross-Border Data Transfers
Jet Deng and Ken Dai at Dacheng unpack the regulatory framework for cross-border data transfers in China, detailing the major systems at play, last year's policy adjustments, and an outlook and practice tips for businesses.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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Valeant Ruling May Pave Way For Patent-Based FCA Suits
The Ninth Circuit’s recent ruling in Silbersher v. Valeant marks a significant development in False Claims Act jurisprudence, opens new avenues for litigation and potentially raises the stakes for patent applicants who intend to do business with the government, say Joshua Robbins and Rick Taché at Buchalter.
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The Corporate Transparency Act Isn't Dead Yet
After an Alabama federal court's ruling last week rendering the Corporate Transparency Act unconstitutional, changes to the law may ultimately be required, but ongoing compliance is still the best course of action for most, says George Singer at Holland & Hart.
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How Advance Notice Bylaws Are Faring In Del. Courts
Recent decisions make it clear that the Delaware Chancery Court is carefully reviewing public companies' amended advance notice bylaws in order to balance the competing interests of boards and shareholders, and will likely strike down bylaws that improperly interfere with stockholder franchises, say attorneys at Olshan Frome.
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How New EU Tax And Transfer Pricing Rules May Affect M&A
Companies involved in mergers and acquisitions may need to adjust fiscal due diligence procedures to ensure they consider potential far-reaching effects of newly implemented transfer pricing measures, such as newly implemented global minimum tax and European Union anti-tax avoidance directives and proposals, says Patrick Tijhuis at BDO.
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New FinCEN Guide Provides Useful BOI Context For Banks
Financial institutions should review a new Financial Crimes Enforcement Network compliance guide for helpful details about how the agency's beneficial ownership information database should be used, though questions remain about the access rule and whether it will truly streamline bank borrowers' Corporate Transparency Act due diligence, says George Singer at Holland & Hart.
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Strategies For Single-Member Special Litigation Committees
The Delaware Supreme Court's recent order in the Baker Hughes derivative litigation allowing testimony from a single-member special litigation committee highlights the fact that, while single-member SLCs are subject to heightened scrutiny, they can also provide unique opportunities, says Josh Bloom at MoloLamken.