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Corporate
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September 18, 2024
Ex-Gunster Client Says Firm Can't Shake Data Breach Suit
A former client urged a Florida federal court Tuesday to reject a bid from Gunster Yoakley & Stewart PA to toss a proposed class action related to a data breach in 2022.
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September 18, 2024
Senate Confirms Calif. Judge To Federal Bench
The Senate voted 49-44 on Wednesday to confirm Judge Michelle Williams Court to the Central District of California.
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September 18, 2024
Norton Rose Adds Family Office Ace From Sidley In Dallas
Norton Rose Fulbright has expanded its Dallas shop with the addition of a former Sidley Austin LLP attorney to its corporate, mergers and acquisitions, and securities practice who boasts substantial expertise in the family office industry.
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September 18, 2024
Cardinal Health's GC Earns Nearly $4.7M For FY '24
Cardinal Health Inc.'s chief legal and compliance officer earned nearly $4.7 million in total compensation for fiscal year 2024, up from about $4.6 million the year prior, according to a public filing.
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September 18, 2024
Video Game Giants Want Addictive Games Suit Tossed
Microsoft Corp., Nintendo of America Inc., Activision Blizzard Inc., Roblox Corp. and other well-known companies in the video game industry moved to dismiss a lawsuit alleging they intentionally got users addicted to their games for profit Tuesday, arguing the case is barred by the First Amendment.
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September 18, 2024
Clifford Chance Hires Investment Management Attorney In DC
Clifford Chance has grown its Washington, D.C., office with the addition of an attorney who formerly held an in-house post at Atalaya Capital Management and previously worked at Ropes & Gray LLP, Linklaters LLP and Latham & Watkins LLP.
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September 18, 2024
GrayRobinson Gains Ex-Brown & Brown Leader In Orlando
GrayRobinson PA has added an of counsel in Orlando, Florida, who spent much of his career in executive leadership roles at insurance brokerage Brown & Brown Inc.
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September 18, 2024
PwC UK Adds Ex-Syke COO As Partner For Legal Tech Team
A former legal technology executive joined Big Four accounting firm PwC as a partner Tuesday to help clients transform how they manage contracts and legal services.
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September 18, 2024
DraftKings Fired Engineer After Leave Request, Suit Says
A former senior engineer for DraftKings Inc. says he was fired in retaliation for asking to take parental leave last year, according to a lawsuit filed in Massachusetts state court.
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September 18, 2024
Silvergate Bank Parent Co. Files Ch. 11, Plans Liquidation
The parent company of shuttered cryptocurrency-focused bank Silvergate filed for Chapter 11 protection in Delaware on Tuesday with plans to wind down and liquidate its remaining assets.
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September 18, 2024
Tupperware Hits Ch. 11 In Del. With Plans For Quick Sale
The iconic food storage company Tupperware Brands Corp. filed for Chapter 11 bankruptcy protection in Delaware with more than $1 billion in liabilities and plans for a quick sale, after months of concern about whether its famous direct sales model had finally hit a wall.
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September 17, 2024
FDIC, OCC Cement New Bank-Merger Policy Guidelines
Federal banking regulators on Tuesday approved plans to tighten their oversight of bank mergers, scoping out heightened scrutiny for deals that result in banks with $100 billion in assets among other things.
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September 17, 2024
FDIC Proposes Rule On Bank-Fintech Partnership Risks
The Federal Deposit Insurance Corp.'s rulemaking board on Tuesday proposed new recordkeeping rules aimed at both shoring up consumer protections as more fintech firms enter the banking space, and preventing a repeat of account freezes that have occurred after fintech service provider Synapse entered into bankruptcy earlier this year.
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September 17, 2024
Walmart Workers Sue Over Health Plan Tobacco Surcharges
Retail giant Walmart Inc. is violating federal benefits law by making workers who use tobacco pay more for health insurance, according to a proposed class action filed in Wisconsin federal court.
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September 17, 2024
AT&T To Pay $13M Fine Over Vendor's Cloud Data Breach
AT&T has agreed to pay $13 million to resolve a Federal Communications Commission investigation into a January 2023 data breach that exposed information of nearly 9 million AT&T Mobility customers.
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September 17, 2024
Ex-Worker Suing Over Bonuses Backed Axing Them, X Says
X Corp. urged a California federal court to reject a former director's bid to certify a class that could exceed 2,000 members in his suit accusing it of reneging on promised bonuses after Elon Musk took over, saying the former employee was the one who axed the bonuses in the first place.
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September 17, 2024
DOT Clears $1.9B Alaska-Hawaiian Airlines Combo For Takeoff
Alaska Airlines and Hawaiian Airlines intend to close their $1.9 billion merger within days as the U.S. Department of Transportation greenlit the deal Tuesday after convincing the companies to agree to conditions meant to protect travelers, rural communities and competition in the market.
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September 17, 2024
Brooklyn Feds Unveil Whistleblower Nonprosecution Plan
The Brooklyn U.S. Attorney's Office on Tuesday announced an initiative to reward corporate whistleblowers with nonprosecution deals amid a broader effort by federal prosecutors to encourage voluntary disclosure of criminal activity.
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September 17, 2024
GC Base Salaries At Big Companies On The Rise
General counsel base salaries at companies making $5 billion or more in revenue has increased from last year, while their total compensation has decreased, according to a report released Tuesday by the Association of Corporate Counsel and Empsight International LLC.
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September 17, 2024
Google Taps In-House Atty For Head Of General Litigation
Google has promoted a longtime in-house attorney to be its head of general litigation, tapping a 13-year veteran of the tech giant who originally studied architectural engineering before going to law school.
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September 17, 2024
Express Scripts Blasts 'Biased' FTC Drug Middlemen Report
The Federal Trade Commission defamed Express Scripts and violated its constitutional rights with an inaccurate report that ripped the role pharmacy benefit managers play as middlemen between drugmakers and insurers, according to a lawsuit lodged Tuesday in Missouri federal court.
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September 17, 2024
In-House Atty Brings Bias Suit Over Firing After Miscarriage
A former in-house attorney at chemicals company Arxada has launched a discrimination lawsuit in New Jersey state court accusing the business of unlawfully terminating her in the days after she showed interest in going on leave to recover from a miscarriage.
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September 17, 2024
Former PNC Bank Atty Joins McNees Wallace In Pittsburgh
A former chief counsel with PNC Bank is leaving the world of in-house for McNees Wallace & Nurick, where she will help boost the firm's work in fiduciary litigation and disputes involving trusts and estates.
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September 17, 2024
Ex-Skadden Atty Joins Board Of Oil Property Co. LandBridge
Oil property acquirer LandBridge Co. has added a former Skadden Arps Slate Meagher & Flom LLP partner to its board, where the company hopes to benefit from her capital markets and corporate governance expertise.
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September 17, 2024
8th Circ. Won't Revive Fired Lockheed Atty's Race Bias Suit
The Eighth Circuit refused on Tuesday to reinstate a race discrimination and retaliation case brought by a former Lockheed Martin in-house attorney whose suit was tossed after a trial court concluded she had lied about her income, rejecting her push to deflect blame onto her lawyers.
Expert Analysis
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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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DOJ Paths To Limit FARA Fallout From Wynn's DC Circ. Win
After the D.C. Circuit’s recent Attorney General v. Wynn ruling, holding that the government cannot compel retroactive registration under the Foreign Agents Registration Act, the U.S. Department of Justice has a few options to limit the decision’s impact on enforcement, say attorneys at MoFo.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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Opinion
USPTO AI Patent Guidance Leaves Questions Unanswered
The U.S. Patent and Trademark Office’s recent guidance on artificial intelligence patent eligibility is unlikely to answer many of the open questions that AI patent applicants face, as it includes nominally new analysis that applicants can adopt to analyze their inventions, say attorneys at Fenwick & West.
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Gilead Drug Ruling Creates Corporate Governance Dilemma
If upheld, a California state appellate court's decision — finding that Gilead is liable for delaying commercialization of a safer HIV drug to maximize profits on another drug — threatens to undermine long-standing rules of corporate law and exposes companies to liability for decisions based on sound business judgment, says Shireen Barday at Pallas.
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Class Action Law Makes An LLC A 'Jurisdictional Platypus'
The applicability of Section 1332(d)(10) of the Class Action Fairness Act is still widely misunderstood — and given the ambiguous nature of limited liability companies, the law will likely continue to confound courts and litigants — so parties should be prepared for a range of outcomes, says Andrew Gunem at Strauss Borrelli.
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Jarkesy Ruling May Redefine Jury Role In Patent Fraud
Regardless of whether the U.S. Supreme Court’s Jarkesy ruling implicates the direction of inequitable conduct, which requires showing that the patentee made material statements or omissions to the U.S. Patent and Trademark Office, the decision has created opportunities for defendants to argue more substantively for jury trials than ever before, say attorneys at Cadwalader.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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How Justices' E-Rate Decision May Affect Scope Of FCA
The U.S. Supreme Court’s eventual decision in Wisconsin Bell v. U.S., determining whether reimbursements paid by the E-rate program are "claims" under the False Claims Act, may affect other federal programs that do not require payments to be made by the U.S. Department of the Treasury, says David Colapinto at Kohn Kohn.
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Series
After Chevron: Don't Let Loper Lead To Bank Compliance Lull
Banking organizations are staring down a period of greater uncertainty over the next few years as the banking agencies and industry navigate the post-Chevron world, but banks must continue to have effective compliance programs in place even in the face of this unpredictability, say Lee Meyerson and Amanda Allexon at Simpson Thacher.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Enron Law Is Still Threat To Execs After Justices' Jan. 6 Ruling
While the U.S. Supreme Court’s recent Fischer v. U.S. decision is a setback for prosecutors’ obstruction charges against Jan. 6 defendants, it also represents a strong endorsement of the post-Enron Sarbanes-Oxley Act’s original purpose, serving as a corporate compliance reminder for executives, say Michael Peregrine and Ashley Hoff at McDermott.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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Calif. Out-Of-State Noncompete Ban Faces Several Hurdles
California's attempt to bolster its noncompete law has encountered significant procedural and constitutional challenges, and litigating parties must carefully analyze not only the restrictive covenants contained in their agreements, but also the forum-selection and choice-of-law provisions, say Jennifer Redmond and Gal Gressel at Sheppard Mullin.
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2nd Circ. Case Reinforces Need For Advance Notice Bylaws
The Second Circuit's recent decision in Nano Dimension v. Murchinson illustrates that Section 13(d) of the Exchange Act is a square peg for a round hole, and that advance notice bylaws are far better at protecting against undisclosed coordination among activist shareholders, say attorneys at Morgan Lewis.