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Corporate
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June 24, 2024
2nd Circ. Reopens Suit Against 'Insider' Hedge Fund
The Second Circuit on Monday revived a lawsuit accusing hedge fund Raging Capital Management LLC of profiting off its position as a corporate insider of 1-800-Flowers, rejecting arguments that a recent U.S. Supreme Court ruling overturned circuit precedent allowing shareholders to sue beneficial owners who partake in short-swing trading.
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June 21, 2024
Quinn Emanuel Rips Columbia's 'Utterly Meritless' Filing Bid
Quinn Emanuel Urquhart & Sullivan LLP told the Federal Circuit on Friday that Columbia University's bid to introduce a former Norton Lifelock computer scientist's declaration claiming the company's former lawyers at the firm are lying about his refusal to testify in the school's decade-long $600 million patent case is "utterly meritless."
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June 21, 2024
Apple Won't Offer AI Tools In EU Due To Regulatory Concerns
Apple confirmed Friday that the tech giant isn't planning on releasing new artificial intelligence features in the European Union this year due to "regulatory uncertainties" involving the bloc's new Digital Markets Act and the potential security risks that complying with the DMA could pose to Apple users.
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June 21, 2024
Real Estate Recap: Distressed Deals, Housing Hurdles, Infill
Catch up on this week's key state developments from Law360 Real Estate Authority — including tips for guiding distressed office deals, the latest intel from Harvard University's Joint Center for Housing Studies, and how one U.S. city has been a magnet for federal funding of brownfield projects.
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June 21, 2024
Kaspersky Hit With Sanctions In Wake Of US Software Ban
The U.S. Department of the Treasury on Friday sanctioned a dozen AO Kaspersky Lab executives, just a day after the U.S. Department of Commerce prohibited the sale of the Russia-based company's antivirus software and cybersecurity products in the United States.
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June 21, 2024
4 Big Banks Cited For 'Living Will' Weaknesses By Fed, FDIC
Federal regulators said Friday that half of the nation's largest U.S. banks will need to shore up weaknesses identified in their most recent "living wills," plans that detail how they could be resolved quickly and safely in the event of severe distress or failure.
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June 21, 2024
Under Armour To Pay $434M To End Securities Fraud Claims
Under Armour Inc. has agreed to shell out $434 million to put to rest claims it inflated stock prices by hiding declining demand for its products, investors announced Friday, reaching a deal just weeks before a jury trial was set to kick off in Maryland federal court.
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June 21, 2024
Google Ditches Wiretap Suit Over AI Customer Service Calls
A California federal judge has tossed, for now, a proposed class action accusing Google LLC of using a "human-like" customer service product powered by generative artificial intelligence to illegally eavesdrop on Verizon users' calls, finding that Google was exempt from liability because it was acting as Verizon's agent.
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June 21, 2024
Nike Misled Investors On Sales Strategy, Ore. Class Suit Says
Nike and two executives were hit with a proposed class action lawsuit in Oregon federal court over securities law violations, with a Florida-based pension fund alleging stock value declined as the shoe corporation continued to mislead investors on the success of a change in sales strategy.
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June 21, 2024
Twitter Judge Skeptical Of Musk's Bid To Beat Investor Suit
A California federal judge considering allegations that Elon Musk misled Twitter investors by falsely tweeting that it had to provide information on its alleged bot problem before he'd proceed with his $44 billion acquisition appeared skeptical Friday of Musk's defense that investors knew he was obligated to close the deal regardless.
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June 21, 2024
Intel Investor Says Top Brass Hid Foundry Losses, Problems
Intel Corp. executives were hit with a shareholder derivative complaint alleging they misled investors as to the actual success of the company's newly created Foundry Services division, according to the suit filed Friday in Delaware federal court.
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June 21, 2024
Live Nation Investor Sues Leaders Over DOJ Antitrust Claims
Live Nation's executives and directors were hit with a shareholder derivative lawsuit Friday in California federal court that seeks damages in the wake of the U.S. Department of Justice's allegations that the company monopolized concert promotion and ticket sales following its 2010 merger with Ticketmaster.
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June 21, 2024
Manhattan DA Seeks To Retain Trump Gag Order, Amid Threats
The Manhattan District Attorney's Office urged a New York state judge Friday to leave in place most restrictions of the gag order preventing Donald Trump from speaking publicly about witnesses, jurors and others tied to his criminal trial, citing a barrage of threats from his supporters in recent months — including "actionable" death threats before and after the verdict.
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June 21, 2024
Crypto Vet With FTX Ties Launches Fintech Policy Think Tank
Former congressional hopeful and cryptocurrency veteran Michelle Bond announced her formation of fintech policy think tank Digital Future, making a return to financial services policy after the recent sentencing of her partner, former FTX executive Ryan Salame, and FTX-linked donations to her 2022 campaign.
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June 21, 2024
SEC Bypassed Congress On Climate Regs, Suing States Say
A coalition of Republican-led states suing the U.S. Securities and Exchange Commission over recently adopted climate disclosure regulations presented their opening pitch for vacating those regulations to the Eighth Circuit on Friday, arguing that Congress has passed on the opportunity to demand climate risk reporting from publicly traded companies.
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June 21, 2024
Lockheed Units To Pay $70M To End FCA Cost Inflation Suit
Sikorsky Support Services Inc. and Derco Aerospace Inc. have agreed to pay $70 million to settle a federal lawsuit alleging that they overcharged the U.S. Navy for spare parts and materials for training aircraft through an illegal subcontracting arrangement, the U.S. Department of Justice announced Friday.
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June 21, 2024
Employment Authority: PAGA's Faith At Stake
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on where California's Private Attorneys General Act stands as a proposed ballot measure call for repealing the law two years after the U.S. Supreme Court's decision in Viking River, major takeaways from a pair of recent rulings on the U.S. Equal Employment Opportunity Commission's pregnant worker accommodation and a look at the recent National Labor Relations Board judge's decision finding unlawful certain noncompete agreements.
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June 21, 2024
Texas Fines Major Carriers $10.2M For Deceptive Advertising
Some of the nation's biggest mobile carriers — including AT&T, T-Mobile and Verizon — have inked a $10 million deal with Texas to end the state's probe into what the Lonestar State says are the carriers' "deceptive and misleading" advertising practices.
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June 21, 2024
Delaware's Corporate Law Debate Left 'Blood On The Floor'
Delaware lawmakers have settled, for now, a rare, bitter, national fight over director rights to cede some powers to big stockholders, but the "Moelis" debate has also boosted friction between board and stockholder camps, with one retired law professor saying underlying litigation had left "blood on the floor."
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June 21, 2024
Meta's Child Porn Defense 'Disingenuous,' MDL Judge Says
A California federal judge appeared skeptical Friday of Meta's bid to cut child pornography possession allegations from sprawling multidistrict litigation over social media platforms' allegedly addictive designs, telling defense counsel that Meta's claim it didn't know about the illegal content on its platforms is "a bit disingenuous."
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June 21, 2024
Treasury Unveils Rules Curtailing Outbound Tech Investments
The U.S. Department of the Treasury on Friday proposed rules to implement President Joe Biden's executive order aimed at restricting American investments in certain technologies that China is developing, including artificial intelligence systems, that are deemed threats to national security.
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June 21, 2024
9th Circ. Axes 2 Symetra Structured Deal Recipient Classes
The Ninth Circuit on Thursday scrapped two classes in a lawsuit accusing an insurance conglomerate of wrongfully inducing personal injury settlement recipients to give up their rights to periodic payments in exchange for a discounted immediate lump sum payment, saying individual issues will predominate over common issues.
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June 21, 2024
Ex-CEO Found Liable For $1 Now Seeks Atty Fees For Del. Suit
The ex-CEO of a biopharma company who was found liable in 2021 for breaching his fiduciary duties but ordered to pay just $1 in damages after Delaware's Court of Chancery found that no real harm had been done is now suing for his attorney's fees and court costs.
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June 21, 2024
Aramark Sued In Wash. For Alleged Pay Transparency Lapses
Aramark has been accused of violating Washington state's pay transparency law by failing to give full pay ranges in job postings, according to a proposed class action the food services giant removed to Washington federal court on Thursday.
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June 21, 2024
DOJ Backs Antitrust Case Against Zillow, Realtors At 9th Circ.
The U.S. Department of Justice has urged the Ninth Circuit to revive antitrust claims from a defunct brokerage platform against Zillow and the National Association of Realtors based on design changes Zillow made to comply with association rules.
Expert Analysis
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How Uyghur Forced Labor Law Affects Importing Companies
Amid a growing focus on forced labor in supply chains and a likely increase in enforcement under the Uyghur Forced Labor Prevention Act, companies may face costly import delays unless they develop and implement compliance best practices, say Thad McBride and Lauren Gammer at Bass Berry.
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What Companies Should Consider Amid Multistate AG Actions
The rise of multistate attorney general actions is characterized by increased collaboration and heightened scrutiny across various industries — including Big Tech and gaming — and though coalitions present challenges for targeted companies, they also offer opportunities for streamlined resolutions and coordinated public relations efforts, say attorneys at Cozen O'Connor.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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Careful Data Governance Is A Must Amid Enforcement Focus
Federal and state regulators' heightened focus on privacy enforcement, including the Federal Trade Commission's recent guidance on consumer protection in the car industry, highlight the importance of proactive risk management, compliance and data governance, say Jason Priebe and Danny Riley at Seyfarth.
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What DOL Fiduciary Rule Means For Private Fund Managers
Attorneys at Ropes & Gray discuss how the U.S. Department of Labor's recently released final fiduciary rule, which revises the agency's 1975 regulation, could potentially cause private fund managers' current marketing practices and communications to be considered fiduciary advice, and therefore subject them to strict prohibitions.
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Opinion
Paid Noncompetes Offer A Better Solution Than FTC's Ban
A better alternative to the Federal Trade Commission's recent and widely contested noncompete ban would be a nationwide bright-line rule requiring employers to pay employees during the noncompete period, says Steven Kayman at Rottenberg Lipman.
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Unpacking The Latest Tranche Of Sanctions Targeting Russia
Hundreds of new U.S. sanctions and export-control measures targeting trade with Russia, issued last week in connection with the G7 summit, illustrate the fluidity of trade-focused restrictions and the need to constantly refresh compliance analyses, say attorneys at Ropes & Gray.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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How Cooperation Contracts Can Ease Disorder In Loan Trades
Significant challenges to settling trades can arise when lenders of syndicated bank loans enter into defense-oriented cooperation agreements, which are growing in popularity, but working through these issues on the front end of a trade can save hours down the road, says Robert Waldner at Crowell & Moring.
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Skip Versus File: The Patent Dilemma That Costs Millions
In the nearly 30 years since the inception of the provisional application, many have weighed the question of whether or not to file the provisional, and data shows that doing so may allow inventors more time to refine their ideas and potentially gain an extra year of protection, says Stanko Vuleta at Highlands Advisory.
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Emerging Trends In ESG-Focused Securities Litigation
Based on a combination of shareholder pressure, increasing regulatory scrutiny and proposed rulemaking, there has been a proliferation of litigation over public company disclosures and actions regarding environmental, social, and governance factors — and the overall volume of such class actions will likely increase in the coming years, say attorneys at Mintz.
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5 Steps To Navigating State Laws On Healthcare Transactions
As more states pass legislation requiring healthcare-transaction notice, private equity investors and other deal parties should evaluate the new laws and consider ways to mitigate their effects, say Carol Loepere and Nicole Aiken-Shaban at Reed Smith.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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Next Steps After 5th Circ. Nixes Private Fund Adviser Rules
The Fifth Circuit's recent toss of key U.S. Securities and Exchange Commission rules regarding private fund advisers represents a setback for the regulator, but open questions, including the possibility of an SEC petition to the U.S. Supreme Court, mean it's still too early to consider the matter closed, say attorneys at Debevoise.
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Cyber Takeaways For Cos. From Verizon Data Breach Report
Camilo Artiga-Purcell at Kiteworks analyzes the key findings of the 2024 Verizon Data Breach Investigations Report from a legal perspective, examining the implications for organizations' cybersecurity strategies and compliance efforts.