Top News

  • December 19, 2014

    Judge Slaps Down HP's 3rd Try At Autonomy Settlement

    A California federal judge on Friday rejected Hewlett Packard Co. shareholders’ third attempt at a settlement in their derivative suit over HP's disastrous $11.1 billion Autonomy Corp. acquisition, ruling the deal’s potential release of claims was still far too broad. 

  • December 19, 2014

    Wells Fargo Owes $55M In Mortgage Late Fee Suit, Jury Says

    A New York federal jury on Friday decided Wells Fargo & Co. owes $54.8 million in a class action accusing mortgage companies previously owned by Wells Fargo’s Wachovia Corp. of slapping borrowers with unlawful fees, defendants’ counsel confirmed, although plaintiffs had sought roughly $629 million.

  • December 19, 2014

    MetLife Poses Potential Stability Threat, Regulators Say

    MetLife Inc. is so big that its collapse or major financial troubles could cause significant damage to the broader economy, justifying the life insurance giant's designation as a systemically important financial institution subject to Federal Reserve oversight, a panel of U.S. regulators said in a report released Friday.

  • December 19, 2014

    Del. Justices Nix Voting Ban On $2.9B C&J Energy-Nabors Deal

    The Delaware Supreme Court on Friday shot down a 30-day injunction barring oil field company C&J Energy Services Inc. from holding a shareholder vote on a proposed $2.9 billion merger with the hydraulic fracturing and well-sealing units of Nabors Industries Ltd., finding numerous problems with the Chancery Court decision.

  • December 19, 2014

    Google Sues Miss. AG For MPAA-Linked 'Campaign Of Threats'

    A day after Google accused the Motion Picture Association of America of orchestrating a secret attack through Mississippi State Attorney General Jim Hood, the search giant formally lodged a suit accusing Hood of carrying out an unlawful “sustained campaign of threats against Google.”

  • December 19, 2014

    EPA Will Treat Coal Ash As Solid Waste In Win For Industry

    The U.S. Environmental Protection Agency said Friday it will regulate coal ash as solid waste rather than the more strictly controlled hazardous waste, a victory for the power industry that frequently recycles the byproduct for building and agricultural uses.

  • December 19, 2014

    T-Mobile To Pay $90M To Settle FTC Mobile Cramming Suit

    T-Mobile USA Inc. will reimburse consumers at least $90 million to settle the Federal Trade Commission's accusations that the company hit them with unauthorized, third-party charges on their mobile phone bills, a practice known as mobile cramming, officials said Friday.

  • December 19, 2014

    NLRB Targets McDonald's, Franchisees As 'Joint Employers'

    The National Labor Relations Board said Friday it has issued complaints targeting both McDonald's USA LLC and McDonald's franchisees over labor law violations, alleging that the "joint employers" violated the rights of workers who took steps to try to improve their working conditions that included participation in nationwide protests. 

  • December 19, 2014

    Credit Suisse Hit With $40M Verdict In Texas Loan Fight

    A Texas jury on Friday awarded a Highland Capital Management LP-managed entity $40 million, finding the Dallas-based hedge fund was defrauded by Credit Suisse AG units about the value of Las Vegas real estate underlying a $540 million refinancing loan.

  • December 18, 2014

    US Extends Job Bias Protection To Transgender People

    The government can now bring claims against employers on behalf of workers who say they’ve been discriminated against because they are transgender, according to a memo released by the U.S. Department of Justice on Thursday.

  • December 18, 2014

    Target Data Breach Suit Left Largely Intact

    A Minnesota federal judge on Thursday left largely intact a consolidated consumer class action filed against Target Corp. over its infamous 2013 holiday data breach, dismissing a few state and other claims but allowing the plaintiffs to continue with the majority of the suit.

  • December 18, 2014

    MetLife Deemed Systemically Important By Regulators

    The Financial Stability Oversight Council has issued a final determination that MetLife Inc. is a systemically important financial institution, which will force the insurer to meet higher prudential standards and subject it to Federal Reserve oversight, the company said Thursday.

  • December 18, 2014

    RBC Pays $35M To End CFTC's Wash Trading Case

    Royal Bank of Canada has struck a $35 million deal with the Commodity Futures Trading Commission to settle charges that its extensive “wash trading” on a Chicago futures exchange — an effort to reap tax breaks — was noncompetitive and illegal.

  • December 18, 2014

    Steptoe Hit With $129M Calif. Legal Malpractice Suit

    Steptoe & Johnson LLP and a onetime partner of the firm were hit with a $129 million legal malpractice suit Tuesday in California court, in which they are accused of failing to properly advocate for developers in a fight to secure big claims against a bankrupt mutual fund executive.

  • December 18, 2014

    Simpson Thacher Guides $2.9B Apax Orange Exit

    Apax Partners LP said on Thursday that it would sell Swiss mobile phone group Orange Communications SA for 2.8 billion Swiss franc ($2.86 billion) — a 40 percent premium to what the U.S. private equity shop paid for the company just three years ago — in a deal shaped by Simpson Thacher & Bartlett LLP.

  • December 18, 2014

    Wells Fargo Fined $1.5M By FINRA Over Customer ID Lapses

    The Financial Industry Regulatory Authority on Thursday said it has fined two Wells Fargo & Co. units $1.5 million for failing to verify the identity of 22,000 customer account holders, all due to a software glitch that went undetected for nearly a decade.

  • December 17, 2014

    $75M NCAA Concussion Settlement Rejected By Judge

    An Illinois federal judge on Wednesday rejected a $75 million settlement to resolve lawsuits brought by ex-NCAA athletes claiming they have suffered long-term damage from concussions, telling parties to resume negotiations because he has concerns about the fairness of the deal.

  • December 17, 2014

    Fed. Circ. Strikes Down More Myriad Cancer Test Patents

    The Federal Circuit ruled Wednesday that three Myriad Genetics Inc. breast cancer test patents are invalid for claiming patent-ineligible subject matter, another major setback for the company after the U.S. Supreme Court ruled last year that it could not patent human genes.

  • December 17, 2014

    Avon China Pleads Guilty In $135M DOJ, SEC Deal

    Avon Products Inc. received court approval Wednesday for half of a $135 million settlement to end DOJ and SEC investigations over the beauty giant's business practices in China, as its unit based there entered a guilty plea to Foreign Corrupt Practices Act misdeeds.

  • December 17, 2014

    4 Freedom Industries Execs Indicted Over W.Va. Spill

    Four Freedom Industries executives were charged Wednesday with criminal violations of the Clean Water Act and negligent operation of their Elk River facility for a massive chemical spill in January that left 300,000 West Virginia residents without usable water for days.

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.