Top News

  • May 27, 2015

    Turtles Win Class Cert. In $100M Royalties Row With Sirius

    A California federal judge on Wednesday granted class certification in a long-running, $100 million royalties dispute between the Turtles and Sirius XM Radio Inc., ruling the rock band’s proposed class could also include other owners of pre-1972 songs that the satcaster played.

  • May 27, 2015

    Massive Global Soccer Bust Called 'The World Cup Of Fraud'

    U.S. authorities on Wednesday unveiled a racketeering case against top-level international soccer, charging executives at FIFA, the sport's global organizer, with taking $151 million in bribes to back tournament marketing contract applicants and warning more charges are likely in store in an ongoing investigation.

  • May 27, 2015

    EXCLUSIVE: Sens. Probing CFTC Charges To IG Budget

    The U.S. Commodity Futures Trading Commission is under a congressional inquiry over its plans to charge its inspector general hundreds of thousands of dollars for purported overhead expenses, Law360 has learned. The probe is part of a broader look into whether certain federal agencies are restraining their internal watchdogs. 

  • May 27, 2015

    EPA Redefines Scope Of Waters Shielded By CWA

    The U.S. Environmental Protection Agency and Army Corps of Engineers on Wednesday unveiled the final version of their attempt to clarify exactly which American waterways are subject to federal jurisdiction, a controversial effort that seeks to make permitting decisions easier and bring regulations up to date with U.S. Supreme Court opinions.

  • May 26, 2015

    High Court Clears One Inducement Hurdle, But Others Remain

    The U.S. Supreme Court's ruling Tuesday that a good faith belief that a patent is invalid is not a defense to induced patent infringement benefits patent owners by clearing a hurdle to proving inducement, but the opinion still leaves accused inducers with a viable defense, attorneys say.

  • May 26, 2015

    IRS Can't Tax Foreign Reinsurance Policies, DC Circ. Says

    The D.C. Circuit on Tuesday ruled that the Internal Revenue Service may not collect an excise tax on reinsurance policies between two foreign entities, saying there's no indication that Congress intended the tax to apply to completely foreign companies.

  • May 26, 2015

    FTC OKs $27B Reynolds-Lorillard Merger With Divestitures

    The Federal Trade Commission said Tuesday that Reynolds American Inc. and Lorillard Inc. could go ahead with their $27.4 billion merger as long as they sell four cigarette brands to the U.K.'s Imperial Tobacco Group PLC to assuage the watchdog's antitrust concerns.

  • May 26, 2015

    Obama Loses 5th Circ. Bid To Lift Block On Immigration Action

    The Fifth Circuit on Tuesday refused to grant the Obama administration’s bid to stay a nationwide injunction on two key immigration policies created by the president’s executive actions, saying that the government wasn’t likely to win in its appeal of the block.

  • May 26, 2015

    Deutsche Bank, SEC Reach $55M Crisis-Era Derivative Deal

    Deutsche Bank AG on Tuesday agreed to pay $55 million in a settlement with the U.S. Securities and Exchange Commission over allegations that the bank hid up to $3.3 billion in paper losses on derivatives contracts during the financial crisis.

  • May 26, 2015

    High Court Strengthens Bankruptcy Court Jurisdiction

    The U.S. Supreme Court ruled Tuesday that bankruptcy courts have the authority to make final decisions on certain legal claims that help liquidate a debtor or adjudicate a bankruptcy proceeding, a decision that affirms the jurisdictional authority of bankruptcy courts.

  • May 26, 2015

    High Court Rules FCA Suits Not Covered By Wartime Rule

    The U.S. Supreme Court on Tuesday ruled that a wartime pause on the expiration of government fraud claims does not apply to civil fraud cases, overturning a decision reviving a KBR Inc. whistleblower’s False Claims Act suit regarding an Iraq War contract.

  • May 26, 2015

    High Court Nixes 'Good Faith' Induced Infringement Defense

    The U.S. Supreme Court ruled Tuesday that a good-faith belief that a patent is invalid is not a defense to induced infringement, saying the Federal Circuit erred when it created the defense in a decision that vacated a $74 million verdict against Cisco Systems Inc.

  • May 26, 2015

    Charter Reaches $55B Deal For Time Warner Cable

    Charter Communications Inc. reached a deal Tuesday to buy Time Warner Cable Inc. in a $55 billion transaction that will consolidate the second- and third-largest U.S. cable television providers.

  • May 25, 2015

    Suntory Strikes $1.2B Deal For Japan Tobacco’s Drinks Arm

    Suntory Beverage & Food Ltd. has struck a tentative ¥150 billion ($1.2 billion) deal to pick up Japan Tobacco Inc.’s soft drink business as the seller looks to get out of the beverage production business by the fall, according to a Monday statement.

  • May 22, 2015

    DOJ Finds Criminal Wrongdoing In GM Ignition Switch Probe

    Federal authorities have reportedly identified criminal wrongdoing in their investigation of General Motors Co. over faulty ignition switches linked to more than 100 deaths and are working out details of what could be a record settlement.

  • May 22, 2015

    Sigma Settles Price-Fixing Suit Over Pipe Fittings For $4.9M

    Sigma Corp. has agreed to pay $4.9 million to a group of direct purchasers of ductile iron pipe fittings to settle a putative class action in New Jersey federal court accusing the company and two others of fixing prices and other anti-competitive behavior, according to a memorandum filed Thursday.

  • May 22, 2015

    Madoff Trustee Defends $900M Suit Against 1st Feeder Fund

    The liquidating trustee of Bernie Madoff's bogus investment firm on Thursday defended his clawback suit seeking $900 million from the two operators of Madoff's first feeder fund and their families, saying the pair were instrumental in growing the Ponzi scheme and concealing the fraud from government investigators.

  • May 22, 2015

    DC Circ. Scales Back Cigarette Warnings Order

    The D.C. Circuit on Friday overturned part of a 2006 district court order requiring Philip Morris USA Inc. and two other tobacco companies to issue public statements about their past cigarette advertising, saying the lower court overstepped its authority.

  • May 22, 2015

    CVS Pays $2.4M To End Calif. Consumer Overcharging Suit

    CVS Pharmacy Inc. agreed to pay $2.4 million to settle a consumer protection lawsuit over allegedly charging customers more than advertised and failing to give cash back on gift cards less than $10 apiece, the Los Angeles County district attorney said Thursday.

  • May 22, 2015

    PwC Escapes MF Global Investors' Suit In 2nd Circ.

    The Second Circuit said Friday it would not resurrect a class action accusing PricewaterhouseCoopers LLP of failing to properly audit MF Global Inc. before the brokerage firm spiraled into bankruptcy in 2011.

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.