Top News

  • August 27, 2014

    SEC's Lauded Securitization Rules Still Pack Big Burdens

    The U.S. Securities and Exchange Commission answered some industry complaints when passing vast new rules over bond deals at the heart of the financial crisis, but broad new disclosure requirements around asset-backed securities could push more of the business to the private market exempted by Wednesday's rulemaking, attorneys said.

  • August 27, 2014

    Schlumberger Fined, Trade Secrets Suit Against Ex-Atty Gutted

    Schlumberger Ltd. was ordered to pay $600,000 in attorneys' fees and sanctions on Wednesday after a Texas judge threw out the majority of a lawsuit the company had filed accusing its former chief intellectual property lawyer of sharing trade secrets with Acacia Research Group.

  • August 27, 2014

    Apple Denied Ban On Samsung Devices In Smartphone War

    A California federal judge on Wednesday refused to permanently ban Samsung Electronics Co. Ltd. from selling several mobile phones and tablets that a jury recently found infringed Apple Inc. patents, ruling Apple hadn't shown that it would suffer irreparable harm to its reputation.

  • August 27, 2014

    Chancery Fast-Tracks Ackman Suit To Force Allergan Meeting

    A Delaware Chancery judge agreed Wednesday to fast-track a lawsuit by activist investor Bill Ackman and Valeant Pharmaceuticals International Inc. looking to compel a special shareholder meeting as part of their $53 billion hostile takeover campaign of Botox maker Allergan Inc., questioning whether the target actually wants to hold a meeting in December.

  • August 27, 2014

    SEC Passes Dodd-Frank Securitization, Credit Rating Rules

    The U.S. Securities and Exchange Commission on Wednesday finalized broad new rules covering two outstanding components of the Dodd-Frank Act when it passed extensive new disclosure and reporting requirements for asset-backed securities and imposed new internal controls on credit rating agencies.

  • August 27, 2014

    RBS, NatWest Fined $24M Over Faulty Mortgage Advice

    The U.K. Financial Conduct Authority on Wednesday fined The Royal Bank of Scotland PLC and its NatWest business £14.5 million ($24 million) for failing to provide suitable advice to consumers purchasing mortgages after investigating a series of transactions in 2012.

  • August 26, 2014

    Allergan Sets Special Meeting In $53B Valeant Takeover Bid

    Allergan Inc. said Tuesday it will hold a special meeting on Dec. 18 where shareholders can vote on a proposed board overhaul, part of a $53 billion takeover bid by Valeant Pharmaceuticals International Inc., and will seek an order blocking Valeant, investor Bill Ackman and Ackman's hedge fund from voting their shares.

  • August 26, 2014

    FINRA, Stock Exchanges Float Plan To Study Tick Size

    The Financial Industry Regulatory Authority and a group of U.S.-based securities exchanges have filed their proposal to implement a one-year pilot program to evaluate widening the trading tick size for certain small-capitalization stocks, the U.S. Securities and Exchange Commission announced Tuesday.

  • August 26, 2014

    Robbins Geller Sanctioned In Confidential Witness Scandal

    An Illinois federal court has sanctioned Robbins Geller Rudman & Dowd LLP after finding that the firm had engaged in “reckless and unjustified” conduct in a securities class action against The Boeing Co. that relied on erroneous claims by a confidential witness, according to a ruling made public Monday.

  • August 26, 2014

    Mylan Needn't Recall Generic Precedex In Battle With Hospira

    A Maryland federal judge on Tuesday amended a temporary restraining order that would have required Mylan Inc. and Par Sterile Products LLC to recall their generic versions of Hospira Inc.'s blockbuster sedative Precedex, saying he realized his initial decision went too far.

  • August 26, 2014

    WHO Calls For Ban On Indoor E-Cigs And Sales To Minors

    The World Health Organization is calling on governments to make it illegal to market electronic cigarettes to young users and to ban the smokeless tobacco products in public places, citing concerns about the tobacco industry’s future role in the rapidly expanding market, according to a report released Tuesday.

  • August 26, 2014

    UK Metal Exchange Escapes Warehousing Antitrust MDL

    A New York federal judge dismissed the London Metal Exchange from antitrust multidistrict litigation over aluminum warehousing rates Monday, ruling to even her own surprise that the exchange was protected as an organ of the U.K. government despite being privately owned.

  • August 26, 2014

    Citigroup To Pay $2.5M To Settle FINRA Trading Charges

    Citigroup Global Markets Inc. will pay nearly $2.5 million to settle Financial Industry Regulatory Authority charges that it failed to provide best execution on some 22,000 customer trades and supervise this trading even after being alerted about the alleged problems, FINRA said Tuesday.

  • August 25, 2014

    HP Blocked From Hiring Plaintiffs' Attys In Autonomy Row

    A California federal judge ordered Hewlett-Packard Co. shareholders Monday to revise a proposed settlement in their derivative suit over HP's $11.1 billion Autonomy Corp. acquisition, vetoing a clause under which the plaintiffs' attorneys would be paid $18 million to help HP sue Autonomy’s top brass.

  • August 25, 2014

    Tim Hortons Deal Latest Turn In Burger King's M&A History

    Burger King Worldwide Inc. will merge with Canadian coffee shop Tim Hortons Inc., the latest — and potentially most controversial — tactic for the burger chain after a series of innovative deal-making moves in recent years, including a New York Stock Exchange share listing and a novel merger structure using a tender offer.  

  • August 25, 2014

    Hawaii County GMO Restriction Is Preempted, Judge Finds

    A Hawaii federal judge ruled Monday that a Kauai County restriction on the cultivation of genetically modified crops is preempted by state law and invalid, siding with agribusiness units of Syngenta AG, BASF SE and other multinational corporations in their effort to overturn the local ordinance.

  • August 25, 2014

    Facebook 'Like' Protected By Labor Law, NLRB Says

    The National Labor Relations Board ruled Friday that clicking Facebook's “like” button was protected, concerted activity shielded by labor law, finding that the Triple Play Sports Bar and Grille unlawfully fired two workers over a Facebook discussion panning the bar's tax withholding calculations.

  • August 25, 2014

    Tyson Workers' $5.8M Don-Doff Award Upheld By 8th Circ.

    The Eighth Circuit on Monday let stand a $5.8 million judgment awarded to a class of Tyson Foods Inc. employees in a compensation dispute over the time they spent putting on and taking off protective gear, saying a lower court properly certified the workers' claims under both the Fair Labor Standards Act and Iowa state law.

  • August 25, 2014

    Oak Hill Throws Down $1.43B To Buy Berlin Packaging

    Private equity firm Oak Hill Capital Partners is set to buy Berlin Packaging LLC from Investcorp for $1.43 billion, the companies said on Monday, in a deal that sees Oak Hill acquiring what it calls a packaging industry juggernaut.

  • August 22, 2014

    Goldman To Pay $3B To Settle FHFA's Toxic-MBS Suit

    Goldman Sachs & Co. said Friday that it has agreed to pay more than $3 billion to settle the Federal Housing Finance Agency's claims that it knowingly sold Fannie Mae and Freddie Mac toxic mortgage-backed securities in the run-up to the housing market collapse in 2007.

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.