Corporate

  • September 12, 2024

    UK Watchdog Waters Down New Capital Rules For Banks

    The Prudential Regulation Authority published Thursday the second part of its rules on capital requirements for banks and has delayed their implementation by six months to the beginning of 2026.

  • September 12, 2024

    Navient Agrees To Pay $120M To End CFPB Student Loan Case

    Navient Corp. would be barred from servicing federal student loans and required to pay $120 million to settle allegations related to its student lending practices under a proposed settlement the Consumer Financial Protection Bureau announced Thursday.

  • September 12, 2024

    Treasury Floats Long-Awaited Rules For Corp. Minimum Tax

    Treasury and the IRS released eagerly awaited rules Thursday on the new 15% corporate alternative minimum tax on corporations with reported profits of $1 billion or more, taking a step toward implementing a key provision of President Joe Biden's signature 2022 tax and climate law.

  • September 12, 2024

    Canada's Laurentian Bank Changes Legal Leadership

    Canada's Laurentian Bank this week announced a new head of legal matters amid a broader leadership reshuffle.

  • September 11, 2024

    Litigation Spending To Rise As Cases Grow More Aggressive

    A substantial number of large companies are expecting to increase their litigation spending by double digits next year in the face of more complex and hard-fought cases — and they are more open to bringing in new legal talent to navigate the matters, according to a report released Thursday. 

  • September 11, 2024

    The Firms That Handle The Most Trade Secrets Work

    Gordon Rees remains the most active law firm representing plaintiffs in trade secrets disputes, according to a new report by Lex Machina analyzing a three-year period from 2021 to 2023, while Littler Mendelson continues to lead the pack on the defendants' side during that same timeframe.

  • September 11, 2024

    Norfolk Southern Fires CEO, CLO Over Relationship

    Norfolk Southern Corp. fired CEO Alan Shaw and chief legal officer Nabanita Nag after it found in an investigation that they'd had a consensual relationship that violated company policy, the Atlanta-based transportation giant said Wednesday evening.

  • September 11, 2024

    Atlanta Fed Chief Violated Trading Blackout Rule, OIG Says

    The president and CEO of the Federal Reserve Bank of Atlanta, Raphael Bostic, violated internal rules and policies covering trading during blackout periods, financial disclosures, holding limits, and trading preclearances, but did not trade based on confidential information, according to a report issued by the Fed's internal watchdog.

  • September 11, 2024

    FTC Fights Pa. Noncompete Ban Challenger's Pause Bid

    The Federal Trade Commission on Wednesday urged a Pennsylvania federal judge to reject a tree service company's bid to pause its challenge of the agency's noncompete ban, arguing that another district court's decision to set the ban aside nationwide doesn't justify a stay because the agency is mulling an appeal.

  • September 11, 2024

    Gov't Spent $236B In Fraud And Improper Payments In 2023

    Federal agencies made $236 billion in improper payments in fiscal 2023, a drop of about $11 billion from the prior year, according to a report released Tuesday by the U.S. Government Accountability Office.

  • September 11, 2024

    Top Calif. Biz Bills Sitting On Gov. Newsom's Desk

    Among the hundreds of bills awaiting California Governor Gavin Newsom's signature are a number that would create new guidelines for Golden State employers, healthcare industry players, as well as artificial intelligence labeling, textile recycling and increasing criminal penalties for corporate malfeasance by tens of millions of dollars.

  • September 11, 2024

    Split 6th Circ. Backs SEC Win In Proxy Adviser Rule Change

    A divided Sixth Circuit has upheld the U.S. Securities and Exchange Commission's decision to partially undo Trump-era rules governing proxy advisers, creating an apparent split with the Fifth Circuit on whether the agency's regulatory actions violated the Administrative Procedure Act.

  • September 11, 2024

    Politics Impacting US Steel-Nippon Review, Biz Groups Warn

    Political pressure may be "unduly influencing" the national security review of Nippon Steel's $14.9 billion deal for U.S. Steel and could hamper future foreign investment into the U.S., business groups told Treasury Secretary Janet Yellen on Wednesday.

  • September 11, 2024

    Uber, Postmates Ask Justices To Address AB 5 Classifications

    Postmates and Uber urged the U.S. Supreme Court to reverse the Ninth Circuit's decision dismissing their constitutional challenge to California's worker classification law, arguing that A.B. 5 singles them out and strips them of equal protection under the law, according to their petition to the high court.

  • September 11, 2024

    Health Co. Owes $65M For Breach Of Medical Data, Nude Pics

    Pennsylvania-based healthcare company Lehigh Valley Health Network will pay $65 million to individuals who had their private information, including cancer patients' nude images, exposed in a data breach, the plaintiffs' lawyers announced Wednesday.

  • September 11, 2024

    NLRB Slaps Amazon For Settlement Violations in NY, Ill.

    Amazon violated an unfair labor practice settlement it reached with the National Labor Relations Board when it issued a policy restricting employees' off-duty access to facilities in Illinois and New York, the board ruled, ordering the company to rescind the policy and properly inform workers of their organizing rights.

  • September 11, 2024

    Mastro Bows Out Of NYC Top Atty Nom After Council Hearing

    Trial lawyer Randy Mastro is out of the running to serve as New York City's corporation counsel, two weeks after a contentious nomination hearing that called into question, among other things, the King & Spalding LLP attorney's ties to former mayor Rudy Giuliani.

  • September 11, 2024

    Ipsen Exec Made Illegal Trades Before Merger, Feds Say

    An Ipsen Biopharmaceuticals executive has been charged with allegedly amassing roughly $260,000 in ill-gotten gains through insider trading on the stock of a smaller rival that Ipsen purchased in 2022, federal prosecutors announced Tuesday.

  • September 11, 2024

    Star Witness In Bankman-Fried Trial Seeks No Prison Time

    Former FTX insider Caroline Ellison urged a Manhattan federal judge not to sentence her to prison for her part in the crypto exchange's massive fraud scheme, citing her remorse and the "devastating" trial testimony she gave against onetime romantic partner and company founder Sam Bankman-Fried.

  • September 11, 2024

    TD Bank To Pay $28M Over Consumer Reporting Failings

    The Consumer Financial Protection Bureau hit TD Bank with a $20 million fine on Wednesday for its failures over inaccurate consumer credit reports and ordered it to pay nearly $8 million to customers, four years after the regulator imposed a $122 million fine against the bank over illegal overdraft fees.

  • September 11, 2024

    Lenovo Pushes For Its Own SEP Ban In Global Ericsson Fight

    Lawyers for Lenovo urged a London appeals court on Wednesday to prevent Ericsson from infringing one of its wireless patents while their dispute rumbles on, as the electronics giants wage a global battle over a cross-licensing deal for intellectual property deemed essential to 5G technology.

  • September 11, 2024

    Trustpilot Kicks Off £20M Share Buyback, Returns To Profit

    Trustpilot Group PLC launched a new share buyback program worth up to £20 million ($26 million) on Wednesday as the consumer reviews platform bids to reduce its outstanding share capital after it swung back to profit.

  • September 11, 2024

    Battery Co.'s CLO To Exit As It Eyes US-Based Replacement

    The top attorney with Freyr Battery Inc. will leave the Georgia-headquartered battery cell producer with European roots as the company conducts a search in the U.S. for a new chief legal officer.

  • September 10, 2024

    SEC Files New Insider Case Tied To Stolen Covington Info

    The U.S. Securities and Exchange Commission on Tuesday brought a new insider trading case tied to the theft of confidential merger information from a Covington & Burling LLP lawyer, suing the cousin of a former FBI trainee who was sentenced to prison for filching the Merck & Co. deal info at the heart of the case and then tipping off others.

  • September 10, 2024

    Fed Official Previews 'Broad' Changes To Bank Capital Plans

    A top Federal Reserve official on Tuesday revealed plans to sharply revise draft bank capital rules proposed last year, including cutting in half the amount of additional capital the largest banks would have to hold while largely sparing midsize lenders from the proposed new requirements.

Expert Analysis

  • Alice Step 2 Trends Show Courts' Extrinsic Evidence Reliance

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    A look at recent trends in how district courts are applying Step 2 of the Alice framework shows that courts have increasingly relied on extrinsic evidence to help determine whether a claimed invention is "well-understood, routine, and conventional," says Jonathan Tuminaro at Sterne Kessler.

  • Examining Chancery's Relaxed New Confidential Filing Rules

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    The Delaware Court of Chancery’s overhauled Rule 5.1, which governs confidential filings, risks permitting nonconfidential information to be shielded from public review unless and until a challenge notice is filed — but several potential solutions could help to override this issue, says Delaware attorney Daniel J. McBride.

  • Takeaways From Tossed Deal In Visa, Mastercard Class Action

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    Given the rejection of a proposed deal in the long-running merchant antitrust class action against Visa and Mastercard in New York federal court, sweetening the proposed settlement pot likely will not be an option, leaving few possible outcomes including splitting the class and allowing opt-outs, say attorneys at Davis Wright.

  • DOJ Innovasis Settlement Offers Lessons On Self-Disclosure

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    The recent $12 million settlement with Innovasis and two of its executives demonstrates the U.S. Department of Justice's continued prioritization of Anti-Kickback Statute enforcement amid the growing circuit split over causation, and illustrates important nuances surrounding self-disclosure, say Denise Barnes and Scott Gallisdorfer at Bass Berry.

  • Opinion

    OFAC Sanctions Deserve To Be Challenged Post-Chevron

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    The U.S. Supreme Court's Loper Bright decision opens the door to challenges against the Office of Foreign Assets Control's sanctions regime, the unintended consequences of which raise serious questions about the wisdom of what appears to be a scorched-earth approach, says Solomon Shinerock at Lewis Baach.

  • Behind The Delay Of Final HSR Premerger Filing Rules

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    Erin Toomey at Epiq discusses the wait for the final version of the revised Hart-Scott-Rodino premerger filing requirements that were first introduced in June 2023, the factors that might be behind the delay, and how to plan for the potential data-focused rule change

  • How Calif. Ruling Alters Worker Arb. Agreement Enforcement

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    The California Supreme Court’s recent ruling in Ramirez v. Charter Communications should caution employers that while workers’ arbitration agreements will no longer be deemed unenforceable based on their number of unconscionable provisions, they must still be fair and balanced, says Sander van der Heide at CDF Labor.

  • Opinion

    After Jarkesy, IRS Must Course-Correct On Captive Insurance

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    The U.S. Supreme Court’s recent Securities and Exchange Commission v. Jarkesy decision has profound implications for other agencies, including the IRS, which must stop ignoring due process and curtailing congressional intent in its policing of captive insurance arrangements, says Peter Dawson at the 831(b) Institute.

  • Congress Quietly Amends FEPA: What Cos. Should Do Now

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    Last week, Congress revised the Foreign Extortion Prevention Act — passed last year to criminalize demand-side foreign bribery — to address inconsistencies and better harmonize the law with the Foreign Corrupt Practices Act, and companies should review their compliance programs accordingly, say Mark Mendelsohn and Benjamin Klein at Paul Weiss.

  • Why FDIC Banks May Want To Consider Fed Membership

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    With the Federal Deposit Insurance Corp. recently ratcheting up bank supervision and proposing idiosyncratic new policies, state-chartered nonmember banks may want to explore the benefits of becoming Federal Reserve members and consider practical steps to make the switch, say Max Bonici and Connor Webb at Venable.

  • Del. 3M Ruling Risks Upending Corporate Insurance Programs

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    A Delaware court's findings last week in the 3M earplug insurance litigation that a parent company's defense fee payments don't count toward a subsidiary's self-insured retention and that an insurer's duty to pay defense costs doesn't attach to multidistrict litigation merit closer scrutiny in light of the modern corporate form and the fundamental objectives of MDLs, say Julie Hammerman and Gary Thompson at Thompson HD.

  • NYSE Delisting May Be The Cost Of FCPA Compliance

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    ABB’s recent decision to delist its U.S. depository receipts from the New York Stock Exchange, coupled with having settled three Foreign Corrupt Practices Act enforcement actions, begs the question of whether the cost of FCPA compliance should factor into a company's decision to remain listed in the U.S., says John Joy at FTI Law.

  • Opinion

    The FTC Needs To Challenge The Novo-Catalent Deal

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    Novo's acquisition of Catalent threatens to substantially lessen competition in the manufacturing and marketing of GLP-1 diabetes and obesity drugs, and the Federal Trade Commission should challenge it under a vertical theory of harm, as it aligns with last year's merger guidelines and the Fifth Circuit decision in Illumina, says attorney David Balto.

  • Series

    After Chevron: Slowing Down AI In Medical Research

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    The U.S. Supreme Court's recent decision overturning the Chevron doctrine may inhibit agencies' regulatory efforts, potentially slowing down the approval and implementation of artificial intelligence-driven methodologies in medical research, as well as regulators' responses to public health emergencies, say Ragini Acharya and Matthew Deutsch at Husch Blackwell.

  • What High Court TM Rulings Tell Us About Free Speech

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    Recent U.S. Supreme Court rulings show tension between free speech and trademark law, highlighting that while political mockery is protected, established brands may be forced to adapt to evolving cultural values, says William Scott Goldman at Goldman Law Group.

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