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Compliance
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September 13, 2024
Exxon Owes $816M For Man's Cancer After Judge Ups Verdict
Exxon Mobil Corp. is on the hook for $816 million to a New York service station mechanic who blames the oil giant for his leukemia diagnosis, after a Philadelphia judge upheld a jury's verdict and added delay damages.
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September 13, 2024
What To Know About The Google AdTech Trial
Google is set to resume its battle with the Department of Justice in a courtroom in Alexandria, Virginia, in one of the year's most high-profile lawsuits. The central question: Did the Californian search giant illegally monopolize the advertising technology space? Here, Law360 looks at takeaways from the first week's action.
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September 13, 2024
Walgreens To Pay $107M To End 3 False Billing Claims Suits
Walgreens has agreed to pay $106.8 million to settle claims across three lawsuits that it violated the False Claims Act and state laws for billing government health programs for prescriptions it never dispensed, the U.S. Department of Justice announced Friday.
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September 13, 2024
Vista Hails Sweetened CSG Bid, But Leaves MNC Door Open
Vista Outdoor Inc. on Friday voiced support for an increased offer from Czech defense company Czechoslovak Group AS to buy a slice of the ammunition and outdoor company, while also urging MNC Capital Partners LP to make its "best and final" bid in a competing campaign.
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September 13, 2024
SEC Inks $100M Deal With FirstEnergy, Sues Ex-CEO
The U.S. Securities and Exchange Commission reached a $100 million settlement with FirstEnergy Corp. over its role in a $60 million corruption scandal Thursday, the same day the agency sued a former executive who collected tens of millions of dollars in executive perks while the wrongdoing unfolded.
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September 13, 2024
NFL QB Faces New Assault Claims, NCAA's NIL Woes Grow
In this week’s Off The Bench, NFL quarterback Deshaun Watson is once again accused of sexual assault, and a group of former University of Michigan football players sue the NCAA for more than $50 million in NIL-related damages. In case you were sidelined this week, Law360 is here to catch you up on the sports and betting stories that had our readers talking.
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September 13, 2024
SEC Fines Zymergen $30M Over Misleading Pre-IPO Claims
Now-shuttered biotechnology company Zymergen Inc. has agreed to pay a $30 million fine to settle U.S. Securities and Exchange Commission allegations that it misled investors in its initial public offering when it used "unsupported hype" about the market potential for its technology for foldable touch screens.
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September 13, 2024
Trio Of BigLaw Mergers Expected To Drive More Deal Talks
After months of a relatively steady pace of law firm mergers and acquisitions, the trio of proposed BigLaw tie-ups announced in recent days will likely spur more firms toward entertaining similar deal talks, experts say. Here, Law360 offers a snapshot of the proposed deals.
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September 13, 2024
Philly's Defunct University Of The Arts Files For Ch. 7
Philadelphia's University of the Arts, which abruptly closed in June, filed for Chapter 7 liquidation Friday in Delaware bankruptcy court, roughly two weeks after nearby Temple University said it would not move forward with a potential merger.
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September 13, 2024
DC Circ. Gives EPA Chance To Review Good Neighbor Plan
The U.S. Environmental Protection Agency will have a chance to review its Good Neighbor Plan in-house before litigating it further, according to a D.C. Circuit ruling granting the agency's request to remand the rule, so it could respond to issues raised by the U.S. Supreme Court.
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September 13, 2024
Ex-DOJ Deputy In TikTok, Twitter Cases Joins Mayer Brown
A former leader of the U.S. Department of Justice's consumer protection arm who helped bring landmark privacy cases against TikTok and Twitter is jumping to Mayer Brown LLP, where he will focus on government investigations and enforcement actions.
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September 13, 2024
FuboTV Antitrust Trial Against Disney Set For Fall 2025
FuboTV's antitrust trial against the launch of a new sports streaming service by The Walt Disney Co., Fox Corp. and Warner Bros. Discovery is set to begin Oct. 6 next year, according to a court filing Thursday.
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September 13, 2024
Transport Giants Bid To Ax $14B 'Guilt By Association' Claim
Emirati logistics giant DP World and a major Russian transport company urged a London judge Friday to stop or trim the $14 billion claim against them from an imprisoned Russian oligarch, as they argued that he was making "guilt by association" allegations.
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September 13, 2024
Skanska On The Hunt For New Top Atty As GC Departs
Skanska said Friday that its top attorney is leaving the Stockholm-based construction and development company.
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September 13, 2024
GC Cheat Sheet: The Hottest Corporate News Of The Week
Harder-fought and more complex lawsuits may mean double-digit increases in the amount that companies spend on litigation; accuracy remains a top concern for law firms as they increasingly use artificial intelligence technology; and Norfolk Southern Corp. saw a major leadership shakeup after its chief legal officer and CEO engaged in a consensual relationship.
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September 13, 2024
Nestlé Can't Ax Danone's Whey Protein Patent At EPO
Danone has rebuffed a bid by food and drink giant Nestlé to scrap its European patent for a whey protein composition, as it proved that using gum arabic as a sugar substitute was a new invention.
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September 13, 2024
Former Y Combinator GC Joins Freshfields In Silicon Valley
The former general counsel for a well-known startup accelerator that has backed companies including Airbnb, Coinbase, DoorDash and Instacart has jumped to Freshfields and its Silicon Valley office, the law firm announced on Friday.
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September 13, 2024
EU Finance Ministers Boycott Hungary Meeting Over Russia
Most European Union finance ministers protested on Friday against what they see as Hungary's Russia-friendly politics by boycotting a meeting with their EU peers in the country's capital, Budapest.
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September 13, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen a football agent sue Chelsea FC after being cleared of allegations he threatened the club’s former director, an ongoing patent dispute between Amgen and Regeneron Pharmaceuticals, and a private school in Edinburgh suing Riverstone Insurance over compensation claims tied to historical abuse allegations made by former pupils. Here, Law360 looks at these and other new claims in the U.K.
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September 13, 2024
Ex-ABL Space Counsel Jumps To Barnes & Thornburg
A former Barnes & Thornburg associate is returning to the firm after an in-house stint with space launch service provider ABL Space Systems, but this time as a partner.
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September 13, 2024
Ropes & Gray Helps Kohlberg Net $4.3B For 10th PE Fund
Kohlberg & Co., advised by Ropes & Gray, said Friday it has clinched its 10th flagship fund after raising $4.3 billion from limited partners, with plans to target investments in companies within areas including pharmaceuticals, healthcare and financial and compliance services.
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September 13, 2024
Shell Companies Shuttered By Court For £1.6M COVID Fraud
The High Court has shut down two connected companies that fraudulently received £1.6 million ($2.1 million) in COVID-19 support loans, a U.K. government agency said Friday.
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September 13, 2024
HSF-Led National Grid To Sell Supply Unit To Gov't For £630M
National Grid PLC said Friday that it has agreed to sell its electricity supply system to the U.K. government for £630 million ($827 million), which will bring it into public ownership.
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September 13, 2024
UK Consumer Credit Firms Face New Reporting Requirements
The Financial Conduct Authority has proposed issuing a new reporting obligation for consumer credit firms as it seeks to prevent harm to consumers earlier and avoid another scandal such as the collapse of London Capital & Finance.
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September 13, 2024
Brokers Seek Insurance Tax Cut In Budget For At-Risk Housing
A trade body for insurance brokers has urged the U.K. government to exempt policyholders in apartment buildings with flammable cladding from a tax on premiums, as it seeks to avoid a jump in the price of cover.
Expert Analysis
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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Why DOJ's Whistleblower Program May Have Limited Impact
The U.S. Department of Justice’s new whistleblower pilot program aims to incentivize individuals to report corporate misconduct, but the program's effectiveness may be undercut by its differences from other federal agencies’ whistleblower programs and its interplay with other DOJ policies, say attorneys at Milbank.
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CFPB's Earned Wage Access Rule Marks Regulatory Shift
The Consumer Financial Protection Bureau's newly issued interpretive rule on earned wage access products, classifying them as extensions of credit, marks a significant shift in their regulatory landscape and raises some important questions regarding potential fringe cases and legal challenges, say Erin Bryan and Courina Yulisa at Dorsey & Whitney.
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How Calif. Justices' Prop 22 Ruling Affects The Gig Industry
The California Supreme Court's recent upholding of Proposition 22 clarifies that Uber, Lyft, DoorDash and other companies in the gig industry can legally classify their drivers as independent contractors, but it falls short of concluding some important regulatory battles in the state, says Mark Spring at CDF Labor.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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How Corner Post Affects Enviro Laws' Statutes Of Limitations
The U.S. Supreme Court's recent ruling in Corner Post v. Federal Reserve Board has helped to alter the fundamental underpinnings of administrative law — and its plaintiff-centric approach may have implications for some specific environmental laws' statutes of limitations, say Chris Leason and Liam Martin at Gallagher and Kennedy.
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How Gov't AI Protections May Affect Contractors' Data Rights
The U.S. Senate’s proposed National Defense Authorization Act for 2025, which includes provisions to maintain the government's data rights when contracting for artificial intelligence, should prompt contractors to examine how to protect their own rights when the current data rights framework is applied to AI, say Tyler Evans and Caitlin Conroy at Steptoe.
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Jarkesy May Thwart Consumer Agencies' Civil Penalty Power
The U.S. Supreme Court's ruling in U.S. Securities and Exchange Commission v. Jarkesy not only implicates future SEC administrative adjudications, but those of other agencies that operate similarly — and may stymie regulators' efforts to levy civil monetary penalties in a range of consumer protection enforcement actions, say attorneys at Holland & Knight.
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Considerations As State AGs Step Up Privacy Enforcement
As new state privacy laws take effect, businesses are facing an increasingly complex patchwork of compliance obligations and risk of scrutiny by attorneys general, but companies can gain a competitive edge by building consumer trust and staying ahead of regulatory trends, say Ann-Marie Luciano and Meghan Stoppel at Cozen O’Connor.
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Lessons From Recent SEC Cyber Enforcement Actions
The recent guidance by the SEC's Division of Corporation Finance is helpful to any company facing a cybersecurity threat, but just as instructive are the warnings raised by the SEC's recent enforcement actions against SolarWinds, R.R. Donnelley and Intercontinental Exchange, say attorneys at O'Melveny.
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2nd Circ. Ruling Reaffirms Short-Swing Claims Have Standing
The Second Circuit's recent ruling in Packer v. Raging Capital reversing the dismissal of a shareholder's Section 16(b) derivative suit seeking to recover short-swing profits for lack of constitutional standing settles the uncertainty of the district court's decision, which could have undercut Congress' intent in crafting Section 16(b) in the first place, say attorneys at Simpson Thacher.
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Viral Layoffs: How Cos. Can Avoid Bad Social Media Exposure
A recent trend of employees using social media to document their experiences with layoffs and disciplinary actions in the workplace should prompt employers to take additional precautions to avoid former workers' negative viral reviews when deciding how, when and what to communicate to employees, say Scott McIntyre and Chrissy Kennedy at BakerHostetler.
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Inside OCC's Retail Nondeposit Investment Products Refresh
In addition to clarifying safe and sound risk management practices generally, the Office of the Comptroller of the Currency's revised booklet on retail nondeposit investment products updates its guidance around certain sales practices in light of the U.S. Securities and Exchange Commission's adoption of Regulation Best Interest, say attorneys at Debevoise.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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Loper Fuels Debate Over Merchant Cash Advances As Credit
The U.S. Supreme Court's recent rejection of the Chevron doctrine in Loper Bright may escalate a Florida federal court dispute between the Revenue Based Finance Coalition and the Consumer Financial Protection Bureau over whether merchant cash advances should be considered credit under the Dodd-Frank Act, say attorneys at Sheppard Mullin.