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Top News
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June 18, 2012
Lichtenstein Sues Willkie Over $100M Extended Stay Penalty
Willkie Farr & Gallagher LLP was sued Friday by David Lichtenstein, the former private equity owner of Extended Stay Inc., who claims the law firm's advice to put the hotel chain into bankruptcy resulted in a $100 million personal judgment against him.
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June 18, 2012
Ex-AT&T Employee Cops Plea To Illegal Tipping Charge
A former AT&T Inc. employee linked with expert networking firm Primary Global Research LLC pled guilty Monday to leaking confidential information about the company's sales of Apple Inc.'s iPhone to his Wall Street clients.
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June 18, 2012
Deutsche Boerse Sues EU For Blocking $9.7B NYSE Merger
Deutsche Boerse AG has sued European regulators over their rejection of its proposed $9.7 billion merger with NYSE Euronext Inc., arguing that regulators didn't properly consider antitrust concessions the stock exchange operators agreed to make, the European Commission said Saturday.
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June 14, 2012
Sidley Austin Sued Over $4M Deal In Chinese FCPA Case
Watts Water Technologies Inc. has launched a malpractice suit against Sidley Austin LLP over its $3.8 million settlement with federal regulators to resolve allegations that its former subsidiary bribed employees of state-owned design institutes in China, according to a media report Thursday.
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June 14, 2012
BP Hit With $500B Suit Over Texas Refinery's Emissions
More than 43,000 Texas residents are suing BP PLC for $500 billion over air pollution from a 2010 emissions event at a Texas City refinery that sent 3.75 million pounds of chemicals into the air over a 40-day period, an attorney for the plaintiffs said Thursday.
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June 13, 2012
Ex-Dewey Partner Files $7M Fraud Suit Against Firm Execs
A former Dewey & LeBoeuf LLP partner on Wednesday filed a $7 million suit against the bankrupt firm's former executive committee for allegedly misleading him about Dewey's financial condition when recruiting him in 2010, the first of what is expected to be many suits alleging fraud against the firm's leaders.
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June 11, 2012
Enviro Groups Call Calif.'s Cap-And-Trade Program Biased
The Association of Irritated Residents and other environmental organizations on Friday launched a new challenge against California’s cap-and-trade program, claiming it discriminates against minorities who live near refineries, cement companies and power plants.
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June 11, 2012
NYC Pension Funds Sue Wal-Mart Over Mexican Expansion
New York City's pension funds sued Wal-Mart Stores Inc. in a shareholder derivative suit in Delaware on Monday, arguing they should be tapped to lead the litigation alleging Wal-Mart's leadership didn't investigate corruption in its Mexican expansion.
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June 7, 2012
Ex-All Star's Game Co. Seeks Ch. 7 After $75M Loan Default
The video game developer founded by former baseball standout Curt Schilling, 38 Studios LLC, filed for Chapter 7 in Delaware on Thursday after defaulting on a $75 million loan guarantee from the state of Rhode Island.
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June 7, 2012
Watchdog Group Sues CFPB For Cordray Appointment Docs
The Consumer Financial Protection Bureau was hit with a Freedom of Information Act suit Thursday in Washington federal court by a conservative watchdog group looking for documents related to the recess appointment of the bureau's director, Richard Cordray.
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June 6, 2012
Madoff Trustee Launches $800 Million In Clawback Suits
The trustee in charge of recovering funds for victims of Bernard L. Madoff's Ponzi scheme filed a number of clawback suits worth more than $800 million in New York bankruptcy court Wednesday, just before a statute of limitations expires.
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June 6, 2012
2,000 Wal-Mart Employees Take Sex Bias Claims To EEOC
Nearly 2,000 current and former female Wal-Mart Stores Inc. employees who were part of the certified class in Wal-Mart v. Dukes have lodged sex discrimination claims against the retail giant with the U.S. Equal Employment Opportunity Commission, attorneys said Wednesday.
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June 5, 2012
Shell Sues Enviros To Stave Off Alaska Drilling Threats
Two Royal Dutch Shell PLC subsidiaries on Monday sought to protect their federal exploration authorizations from potential challenges by groups including Greenpeace Inc., who oppose the multibillion-dollar exploration activities in the Chukchi Sea and Beaufort Sea off the Alaska coast.
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June 4, 2012
Dole, Shell, Others Exposed Banana Workers To DBCP: Suit
More than 40 banana plantation workers in Latin America lodged a suit against Dole Food Co. Inc., Shell Oil Co., Dow Chemical Co. and others in Delaware federal court Friday, alleging they were exposed to the pesticide DBCP, which caused cancer and sterility as well as long-lasting environmental damage.
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June 4, 2012
Wachtell's Bold BofA-Merrill Advice May Land It In Hot Water
Wachtell Lipton Rosen & Katz pushed the envelope by allegedly advising Bank of America Corp. to be less than forthcoming with shareholders ahead of the bank's $50 billion acquisition of Merrill Lynch & Co. Inc., potentially putting the law firm at the center of ongoing litigation over the controversial deal, experts say.
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June 4, 2012
TiVo Sues Cisco Over Alleged DVR Patent Infringement
TiVo Inc. on Monday sued Cisco Systems Inc. in Texas federal court for allegedly selling set-top cable boxes that violate four patents covering TiVo's DVR technology, days after Cisco sought a preemptive order invalidating the patents-in-suit.
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June 1, 2012
Dental Co. Bites Law Firm With $148M Malpractice Suit
A New Mexico dental products company hit Olshan Grundman Frome Rosenzweig & Wolosky LLP with a $148 million malpractice suit Tuesday, alleging the law firm's negligence prevented it from securing significant additional damages from rival Dentsply in an antitrust suit.
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June 1, 2012
Ex-Sentinel Execs Indicted On $500M Fraud Charges
Two former Sentinel Management Group Inc. executives are facing criminal wire and securities fraud charges for allegedly bilking more than 70 customers out of $500 million before the investment adviser firm sank into bankruptcy in August 2007, federal prosecutors said Friday.
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May 25, 2012
Community Bank's Libor Antitrust Suit Targets BofA, Others
A Wisconsin-based community bank launched a putative class action Friday against Bank of America NA, Citibank NA and JPMorgan Chase Bank NA, alleging that their manipulation of the London Interbank Offered Rate cost community banks between $300 and $500 million annually.
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May 24, 2012
Huawei Says InterDigital Abused 3G Patents In EC Complaint
Chinese communications technology giant Huawei Technologies Co. Ltd. told Europe's competition authority Thursday that InterDigital Inc. has abused its position as owner of key wireless network patents by refusing to license the technology at a fair and reasonable price.
Expert Analysis
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To Pin Or Not To Pin … That Is The Question
While recent updates to Pinterest's terms of use and other policies may help limit the social media site's liability under the safe harbor provisions of the Digital Millennium Copyright Act, they may not provide enough protection for individual or business users who post content on the site, says Linda Goldstein of Manatt Phelps & Phillips LLP.
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Takeaways From Caraco V. Novo Nordisk
Following the U.S. Supreme Court's decision in Caraco Pharmaceutical Laboratories Ltd. v. Novo Nordisk A/S, it seems likely that counterclaims alleging overbroad use codes will be raised in Paragraph IV litigations where the use code does not precisely reflect the claimed method of use, say attorneys with Fenwick & West LLP.
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Addressing Breach Of Method-Of-Use Patents By Generics
In Bayer Schering Pharma AG v. Sandoz Inc., the Federal Circuit has affirmed a district court's holding that generic drug makers could not infringe patent claims where a U.S. Food and Drug Administration-approved drug had not been approved for the other claimed uses. In this case, it was not enough that the FDA had approved marketing materials promoting the use of the contraceptive Yasmin for noncontraceptive effects, say attorneys with Duane Morris LLP.
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Settling The Matter Of Meal, Rest Breaks In Calif.
In light of the California Supreme Court's Brinker decision, employers should take steps to ensure that their meal and rest break policies are compliant — though, absent proof of a specific employer policy or classwide practice that makes timely, off-duty meal periods unavailable, plaintiffs should have difficulty obtaining class certification of meal-period claims in the future, say Leslie Abbott, Jeffrey Wohl and Holly Lake of Paul Hastings LLP.
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Inside The CFPB Proposed Rules For Mortgage Servicers
The Consumer Financial Protection Bureau's recently proposed rules to increase accountability and transparency in the mortgage servicing industry draw heavily on the National Servicing Standards and, given the broad enforcement powers of the CFPB, have significant implications for mortgage servicers, say Jeffrey Spigel and Peter Todaro of King & Spalding LLP.
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9th Circ. Firsts: Equitable Mootness And Arbitration
2012 is shaping up as a year of bankruptcy first impressions for the Ninth Circuit. The court has sailed into uncharted bankruptcy waters twice already this year in the same Chapter 11 case — In re Thorpe Insulation Co., say attorneys with Jones Day.
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Case Study: US V. Aleynikov
As the Second Circuit's decision in United States v. Aleynikov makes clear, federal criminal liability under the National Stolen Property Act, the Economic Espionage Act, and the Computer Fraud and Abuse Act will turn on specific — and somewhat surprising — factual questions, says Daniel Marx of Foley Hoag LLP.
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Dodd Frank Update: Clarifying Volcker
While the Volcker Rule is one of the signature elements of Dodd-Frank, the initial phases of rulemaking to implement it have generated substantial comment and criticism from a wide cross-section of the financial services sector in the U.S. and globally. The Federal Reserve's recent clarification that covered banking entities have until July 21, 2014, to come into compliance is viewed by many as a positive development with benefits for both banking entities and the regulators, say attorneys with SNR Denton.
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Case Study: Kappos V. Hyatt
As a result of the U.S. Supreme Court's ruling in Kappos v. Hyatt, patent applicants disappointed by rulings of the U.S. Patent and Trademark Office Board of Patent Appeals and Interferences may consider filing a civil action under §145 with the opportunity to supplement the administrative record, rather than appeal directly to the Federal Circuit, say Paul Devinsky and Charles Hawkins of McDermott Will & Emery LLP.
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EPA's New Source Performance Standards For CO2
The U.S. Environmental Protection Agency has released its long-awaited proposal establishing carbon dioxide emissions limits from fossil-fuel-fired electric utility generating units. While the proposed CO2 standard does not apply to existing, unmodified units, once this regulation is finalized, the EPA may be forced to develop standards for such sources, say Don Frost and Henry Eisenberg of Skadden Arps Slate Meagher & Flom LLP.