Top News

  • May 6, 2016

    BREAKING: Dewey's DiCarmine Wants To Represent Himself At Retrial

    Former Dewey & LeBoeuf LLP executive director Stephen DiCarmine asked a New York judge on Friday for leave to represent himself at a coming retrial over a purported scheme to con the law firm’s financial backers out of tens of millions of dollars before it collapsed in 2012. 

  • May 5, 2016

    USPTO Calls For Clearer Alice Rejections, Aiding Applicants

    The U.S. Patent and Trademark Office instructed patent examiners Thursday to provide more detailed explanations when they reject applications as patent-ineligible under U.S. Supreme Court decisions like Alice, a move attorneys say is welcome news for applicants frustrated by what they have seen as boilerplate rejections.

  • May 5, 2016

    Monsanto Beats $20M PCB Cancer Claims In Calif. Trial

    A Los Angeles jury on Thursday found Monsanto not liable in a $20 million trial brought by two men alleging they developed non-Hodgkin lymphoma after being exposed to the company's polychlorinated biphenyls, saying the company was negligent in designing and distributing the chemical but did not cause the men's cancer.

  • May 5, 2016

    Aeropostale Gets Breathing Room With $100M Financing

    A New York federal judge on Thursday gave teen apparel retailer Aeropostale initial approval to borrow up to $100 million from lenders over an objection from a major secured creditor, saying the new capital will give the company time to determine whether it will proceed with a standalone restructuring or sell the business.

  • May 5, 2016

    NY High Court Raises Bar On Go-Private Suits

    New York state’s highest court on Thursday adopted Delaware's defendant-friendly standard for shareholder suits challenging controlling-party buyout deals, saying that in actions targeting go-private mergers, courts should apply the business judgment rule as long as certain shareholder protections are met.

  • May 5, 2016

    Australia OKs AB InBev's $100B SABMiller Buyout Plan

    Australia’s antitrust watchdog approved Anheuser-Busch InBev SA’s planned takeover of SABMiller PLC on Thursday, saying the $100 billion deal is unlikely to harm consumers or the country’s beer market as a whole, allowing the beer giants to clear another hurdle in their quest for approval of the massive tie-up.

  • May 5, 2016

    E-Cigarettes Will Be Subject To FDA Regulation

    The U.S. Food and Drug Administration on Thursday announced that it's finalized a rule that expands its ability to regulate all tobacco products — including e-cigarettes, hookah and pipe tobacco, and cigars — and bars retailers from selling those products to juveniles under 18 years old.

  • May 4, 2016

    CFPB Unleashes Draft Rule On Arbitration Clauses

    The Consumer Financial Protection Bureau released a highly anticipated proposed rule Thursday to ban consumer financial services providers from prohibiting customers, through contracts with mandatory arbitration clauses, from filing or joining class actions.

  • May 4, 2016

    Fed. Circ. Skeptical Becton Dickinson Patent Survives Alice

    The Federal Circuit expressed skepticism Wednesday that a Becton Dickinson and Co. remote pharmacy-monitoring patent nixed for failing the Alice test could possibly be valid, saying the invention seemed to claim nothing beyond a combination of off-the-shelf technology to monitor drug-compounding.

  • May 4, 2016

    Takata Air Bag Recall More Than Doubles In US

    The National Highway Traffic Safety Administration on Wednesday upped the recall of the now-notorious and potentially deadly Takata Corp. air bag inflators to add at least 35 million units, making it the largest recall in U.S. history.

  • May 4, 2016

    3rd Circ. Rejects Lovenox Antitrust Suit Against Sanofi

    The Third Circuit on Wednesday rejected pharmaceutical manufacturer Eisai’s bid to reinstate an antitrust lawsuit against Sanofi over discount contracts with hospitals that purchased large amounts of anti-coagulant drug Lovenox, saying in a published opinion that antitrust laws are intended to protect competition, not competitors.

  • May 4, 2016

    Aeropostale Hits Ch. 11, Plans To Shutter 154 Stores

    Teen apparel retailer Aeropostale filed for bankruptcy Wednesday in New York carrying $223 million in funded debt, and it plans to immediately close 154 stores, becoming the latest apparel chain to seek court protection amid fierce competition and the changing buying habits of consumers.

  • May 3, 2016

    Citi, JPMorgan, Others Paying $324M In Rate-Fixing Deal

    Bank of America Corp., Citigroup Inc. and JPMorgan Chase & Co. were among seven banks that on Tuesday agreed to pay a total of $324 million to settle class action litigation alleging that they rigged a benchmark interest rate used to set terms for swaps transactions.

  • May 3, 2016

    EXCLUSIVE: AXA, MetLife Loan $500M For NYC Office Tower

    A subsidiary of Paramount Group Inc. has scored a $500 million loan for a Manhattan office tower from co-lenders AXA and MetLife Inc., a source with knowledge of the transaction told Law360 on Tuesday.

  • May 3, 2016

    Sheldon Silver Gets 12 Years For Corruption

    Former New York State Assembly Speaker Sheldon Silver on Tuesday was sentenced to 12 years in prison after being found guilty of corruption charges stemming from a purported scheme to gain nearly $5 million in exchange for legislative action and state funding.

  • May 3, 2016

    Fed Board Green-Lights Capital Holding, Default Rules

    The Board of Governors of the Federal Reserve System unanimously agreed Tuesday at a board meeting to publish two proposed rules aimed at preventing another financial collapse if larger banks fall.

  • May 3, 2016

    NY Justices Reject Prorated Excess Asbestos Coverage

    New York's highest court ruled Tuesday that each excess insurance policy covering Viking Pump and Warren Pumps can be held liable for the entire loss resulting from asbestos claims against the manufacturers, while also rejecting the insurers' argument that all of the available primary policies must be exhausted before excess coverage kicks in.

  • May 3, 2016

    MetLife Pays Record $25M FINRA Fine Over Variable Annuities

    The Financial Industry Regulatory Authority announced Tuesday that MetLife Securities Inc. has agreed to pay a $20 million fine and $5 million in restitution for misleading customers over variable annuity replacements, the largest FINRA fine related to variable annuities to date.

  • May 3, 2016

    Grocer Fairway Group Files For Bankruptcy

    The company that owns the Fairway grocery chain filed for bankruptcy late Monday in New York armed with a plan backed by senior lenders to swap $279 million in secured debt for equity in a reorganized business.

  • May 2, 2016

    1st Circ. Revives $5.9B MBS Suit Against Moody's

    The First Circuit on Monday revived the Federal Home Loan Bank of Boston’s $5.9 billion suit accusing Moody’s Corp. of falsely blessing risky mortgage-backed securities with high ratings, allowing a Massachusetts federal judge to decide whether to ship the case to New York.

Expert Analysis

  • 6 Tips For Creating Effective Trial Graphics

    Aaron Stienstra

    These days, jurors and judges are so accustomed to seeing graphics — on the street, on the Web, on their smartphones — that they expect to see something good in the courtroom. The best graphics are composed of consequential information, clearly displayed, with emphasis on what matters most, paired with artwork that adds meaning. This simultaneously compels people to think, feel and make decisions, says Aaron Stienstra, design direc... (continued)

  • Takeaways From United Technologies' $75M Settlement

    Jeffrey Gerrish

    United Technologies Corporation's global settlement with the U.S. Departments of State and Justice underscores the importance of a robust compliance program to prevent, detect and remediate any violations of export control laws or regulations — especially if products and services are destined for China, say Jeffrey Gerrish and Soo-Mi Rhee of Skadden Arps Slate Meagher & Flom LLP.

  • Understanding Mayo V. Prometheus

    William Merkel

    Following the U.S. Supreme Court's treatment of the machine-or-transformation test in Mayo Collaborative Services Inc. v. Prometheus Laboratories Inc., the test — previously thought to be the governing test for patent eligibility under § 101 — no longer appears to occupy such a prominent role in patent-eligibility jurisprudence, says William Merkel of Marshall Gerstein & Borun LLP.

  • Radlax — 'An Easy Case'

    Douglas Spelfogel

    “This is an easy case,” Justice Antonin Scalia wrote in his opinion in Radlax Gateway Hotel LLC v. Amalgamated Bank, settling the issue of whether the Bankruptcy Code grants the secured creditor a right to credit bid in an auction sale under a plan. But interestingly, the opinion barely mentions the infamous Philadelphia News decision from the Third Circuit which was effectively overruled by the U.S. Supreme Court, say attorneys wi... (continued)

  • The Latest Attempt At Criminalizing 'Robo-Signing'

    Ralph Mazzeo

    While the New York state Senate did not act on the Foreclosure Fraud Prevention Act of 2012 before adjourning its regular session — and as a result there is little chance the bill will be enacted this year — the bill represents the latest attempt by state governments to impose criminal liability on fraudulent foreclosure practices by mortgage servicers or their employees, say attorneys with Dechert LLP.

  • How The 2nd Circ. Aleynikov Opinion Went Awry

    Mark Krotoski

    In United States v. Aleynikov, the Second Circuit recently created an unfortunate cloud over the scope of the federal trade secret statute. The decision detracts from the primary legislative objectives to promote and protect national economic security and punish individuals who misappropriate intellectual property in the form of trade secrets, say Mark Krotoski and Richard Scott of the U.S. Department of Justice.

  • PPACA Victory Sets Stage For New Wave Of Litigation

    Howard Shapiro

    Although the Patient Protection and Affordable Care Act and its coverage mandates have been upheld, the lack of regulatory guidance for many key areas of the statute creates uncertainty regarding implementation and enforcement. No matter how employers and plan fiduciaries approach the various coverage mandates, it is clear that the future is not without risk of litigation, say attorneys with Proskauer Rose LLP.

  • Did The Court Get The Oracle Analysis Right?

    David Makman

    The Northern District of California's opinion in Oracle America Inc. v. Google Inc. is suprising given that there was direct copying and that the threshold of originality required for a work to qualify as copyrightable has traditionally been so low that the application programming interfaces almost certainly qualified as sufficiently original to be protected by copyright, says David Makman of the Law Offices of David A. Makman.

  • Facing CFIUS: Better Safe Than Sorry

    George Wang

    The Committee on Foreign Investment in the United States recently blocked yet another acquisition involving Chinese investors. Any foreign companies looking to invest in the U.S. should be wary of the scrutiny they may confront, and determine whether CFIUS review is likely, say George Wang and Yelena Kotlarsky of Haynes and Boone LLP.

  • A Closer Look At ING's $619M Settlement

    Ed Krauland

    ING Bank NV's $619 million fine to settle criminal charges is the largest ever against a financial institution in connection with an investigation into U.S. sanctions violations and related offenses. The enforcement action is also notable in several other respects, say attorneys with Steptoe & Johnson LLP.