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June 18, 2024
Amazon Hit With $5.9M Fine For Violating Calif. Quota Law
California's labor commissioner has fined Amazon $5.9 million for violating the Golden State's Warehouse Quotas Law, which requires employers to give workers written notice of any quotas they must follow, according to a Tuesday announcement.
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June 18, 2024
9 Firms Vie To Lead Suit Over Ad Tech Co.'s Microsoft Ties
Pomerantz LLP, Levi & Korsinsky LLP and several other firms have filed competing bids to lead a proposed shareholder class action alleging that shares of ad tech company Perion Network declined nearly 40% after its strategic partner Microsoft Bing "unilaterally" changed its search advertising pricing.
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June 18, 2024
SEC's Ether Orders Spur Hope For Crypto, Caution From Attys
The crypto industry received a step toward clarity when the U.S. Securities and Exchange Commission's approval of exchange-traded products holding the token ether signified the cryptocurrency isn't a security subject to SEC regulation, but attorneys say they remain cautious when counseling clients on how to deal in the asset.
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June 18, 2024
USPTO Hears Array Of Ideas For Altering Director Review
Numerous groups have offered suggestions to the U.S. Patent and Trademark Office on the process where the agency's director reviews Patent Trial and Appeal Board decisions, from adjusting which cases are subject to review to barring the director from personally making decisions.
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June 18, 2024
Chastened Boeing CEO Vows Fixes In Harsh Senate Hearing
Boeing's chief steadfastly defended the company's commitment to safety, even as he acknowledged a breakdown in how certain managers responded to whistleblowers who had flagged past questionable design or manufacturing practices, as he endured a grueling public hearing before a Senate panel Tuesday.
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June 18, 2024
Del. House Panel Splits On Senate-Passed Corp. Law Change
A divided Delaware House committee released on Tuesday contested amendments to the state's general corporation law, sending the measure toward a full House vote after sometimes edgy testimony that included a committee chair's shutdown of an opposing law professor's reference to HBO's seamy corporate drama series "Succession."
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June 18, 2024
Blackstone Plans Takeover Of Japan's Infocom In $1.7B Deal
Blackstone said Tuesday it is planning to take Japanese digital comic distributor Infocom private in a deal that marks its largest private equity deal ever in Japan, worth 275 billion yen ($1.7 billion).
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June 18, 2024
Microsoft Says Starbucks Ruling Hurts FTC's Activision Case
Microsoft told the Ninth Circuit on Monday that the U.S. Supreme Court's recent ruling requiring labor regulators to meet a four-factor test in order to win a preliminary injunction undercuts the Federal Trade Commission's bid to halt the company's $68.7 billion acquisition of Activision Blizzard Inc.
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June 18, 2024
FTC Bristles At Axon's Citing Of Dropped Merger Case
The Federal Trade Commission wanted to ensure a New Jersey federal judge knew the abandonment of a case contesting Axon's purchase of a fellow police body camera company had nothing to do with the merits of the challenge, in a Monday amicus brief partially backing a proposed class action.
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June 18, 2024
2nd Pa. Jury Can't Agree On Uber Black Drivers' Status
A second Pennsylvania federal jury was unable to determine whether Uber Black drivers are the company's employees or independent contractors, telling the trial judge on Tuesday that the eight members were hopelessly deadlocked.
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June 18, 2024
Home Builders Sued For Non-FHA-Compliant Apartments
A group of home building and financing companies including the Toll Brothers were sued by Manhattan federal prosecutors Tuesday for allegedly violating the Fair Housing Act by building residential units that weren't accessible to people with physical disabilities.
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June 18, 2024
Apple Sanctioned In Siri Privacy Suit For Deleting Recordings
A California federal judge has sanctioned Apple Inc. in a privacy lawsuit brought by Siri users who claim the voice-activated software records their conversations, finding the tech giant spoiled evidence by deleting key data, but that a jury should determine whether Apple deprived the users of the data intentionally.
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June 18, 2024
Crypto Firm Latinum Can't Arbitrate Investors' Fraud Suit
A Michigan federal judge discerned that crypto firm Bitcoin Latinum can't send claims it duped investors out of promised digital assets to arbitration considering it didn't raise the issue in the two years since the suit was brought.
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June 18, 2024
Sterling Bank Ex-CEO Won't Face Charges Over Loan Program
The founder and former CEO of Sterling Bank and Trust, who has been investigated in connection with a fraud-plagued loan program, will not face criminal charges from the U.S. Department of Justice, according to Michigan federal court documents filed Monday.
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June 18, 2024
Ford Says Sanctions Violated Due Process In $1.7B Case
Attorneys for Ford Motor Co. urged the Georgia Court of Appeals on Tuesday either to order a new trial or substantially reduce a record-setting $1.7 billion punitive damages verdict returned against the automaker in litigation over a fatal rollover, arguing the award resulted from "death penalty sanctions" that essentially directed a verdict against it.
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June 18, 2024
FTC Escalates Probe Into TikTok's Privacy Measures For Kids
The Federal Trade Commission on Tuesday took the rare step of publicly disclosing its referral to the U.S. Department of Justice of a complaint against TikTok and its parent company over their compliance with a 2019 privacy settlement, saying there's "reason to believe" that the companies are out of step with their pledge to protect children on the platform.
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June 18, 2024
A&O Shearman Corporate Finance Atty Rejoins Norton Rose
Norton Rose Fulbright has welcomed back a corporate finance partner in its Houston office, the global firm announced Tuesday, part of an ongoing push to add lateral hires across office locations and practices, firm leaders said.
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June 18, 2024
Novant Drops NC Hospital Merger After 4th Circ. Pauses Deal
Novant Health has abandoned its plans to purchase two North Carolina hospitals for $320 million after a split Fourth Circuit panel on Tuesday granted the Federal Trade Commission's bid for an emergency injunction putting the deal on hold indefinitely.
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June 18, 2024
J&J Fights Law Firm's Bid To Nix Subpoenas In Talc Brawl
Information about the Beasley Allen Law Firm's litigation funding and settlement communications is relevant and necessary to resolving long-running multidistrict litigation over Johnson & Johnson's talcum powder products and so should be turned over, the pharmaceutical giant has told a New Jersey federal court.
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June 18, 2024
Amazon Union Workers Vote To Affiliate With Teamsters
Workers at the only unionized Amazon warehouse in the U.S. have voted to fold their independent outfit into the Teamsters, the transportation and logistics union announced Tuesday.
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June 18, 2024
Perkins Coie Names Private Capital And Fund Formation Chair
Perkins Coie LLP announced Jacquie Duval as the new chair of the firm's private capital and fund formation practice.
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June 18, 2024
MoFo Brings On SEC Veteran From Skadden In DC
Morrison Foerster LLP has expanded its public company advisory and governance offerings in Washington, D.C., with the addition of an attorney from Skadden Arps Slate Meagher & Flom LLP.
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June 18, 2024
Milliman Wins 401(k) Mismanagement Suit After Trial
Consulting company Milliman Inc. prevailed over a class action suit alleging the company violated federal benefits law by keeping poorly performing investments tied to a financial subsidiary in its employee 401(k) plan, according to a California federal judge's order entered after a 10-day bench trial.
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June 18, 2024
McElroy Deutsch Says Exec Embezzled Money For Home
McElroy Deutsch Mulvaney & Carpenter LLP has doubled down on its bid for a constructive trust on the home of two former executives accused of stealing from the firm.
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June 18, 2024
Restitution Plan For Lead-Test Defects Leaves Judge Uneasy
A Massachusetts federal judge on Tuesday questioned the legality of a plan to have a claims administrator, rather than the court, oversee victim compensation in a criminal case alleging Magellan Diagnostics hid information about inaccurate results in its lead-testing devices.
Expert Analysis
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Updates To CFTC Large Trader Report Rules Leave Questions
The U.S. Commodity Futures Trading Commission's updated large trader position reporting rules for futures and options is a much-needed change that modernizes a rule that had gone largely untouched since the 1980s, but the updates leave important questions unanswered, say Katherine Cooper and Maggie DePoy at BCLP.
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Where Anti-Discrimination Law Stands 4 Years After Bostock
On the fourth anniversary of the U.S. Supreme Court's landmark Bostock ruling, Evan Parness and Abby Rickeman at Covington take stock of how the decision, which held that Title VII protects employees from discrimination because of their sexual orientation and gender identity, has affected anti-discrimination law at the state and federal levels.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Crafting An Effective Workplace AI Policy After DOL Guidance
Employers should take proactive steps to minimize their liability risk after the U.S. Department of Labor released artificial intelligence guidance principles on May 16, reflecting the reality that companies must begin putting into place policies that will dictate their expectations for how employees will use AI, say David Disler and Courtnie Bolden at Porzio Bromberg.
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Patent Lessons From 7 Federal Circuit Reversals In May
A look at recent cases where the Federal Circuit reversed or vacated decisions by the Patent Trial and Appeal Board or a federal district court provide guidance on how to succeed on appeal by clarifying the obviousness analysis of design patents, the finality of a judgment, and more, say Denise De Mory and Li Guo at Bunsow De Mory.
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How SEC Could Tackle AI Regulations On Brokers, Advisers
The U.S. Securities and Exchange Commission held an open meeting of its Investor Advisory Committee on June 6 to review the use of artificial intelligence in investment decision making, showing that regulators are being careful not to stifle innovation or implement rules that will quickly be made irrelevant after their passage, says Brian Korn at Manatt Phelps.
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How M&A Attorneys Can Best Serve Self-Funded Searchers
Post-pandemic, and with the so-called great wealth transfer on the horizon, individuals looking for small and midsize businesses to acquire are increasingly going the self-funded route, so deal attorneys must understand the major pain points and unique needs of this demographic, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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What To Know As CFPB Late Fee Rule Hangs In Limbo
Though the Consumer Financial Protection Bureau's final credit card late fee rule faces an uncertain future due to litigation involving injunctions, emergency petitions and now a venue dispute, card issuers must understand how to navigate the interim period and what to do if the rule takes effect, say attorneys at Steptoe.
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A Deep Dive Into The Evolving World Of ESG Ratings
Attorneys at Mintz discuss the salience of environmental, social and governance ratings in corporate circles in recent years, and consider certain methodologies underlying their calculation for professionals, as well as issues concerning the ESG ratings and products themselves.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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Adopting 7 Principles May Improve Voluntary Carbon Markets
The Biden administration's recently issued joint policy statement on improving the integrity of voluntary carbon markets may help companies using carbon credits to offset their emissions withstand scrutiny by government agencies, the public and investors, say attorneys at Morgan Lewis.
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What The NYSE Proposed Delisting Rule Could Mean For Cos.
The New York Stock Exchange's recently proposed rule would provide the exchange with discretionary authority to commence delisting proceedings for a company substantially shifting its primary business focus, raising concerns for NYSE-listed companies over the exact definition of the exchange's proposed "substantially different" standard, say attorneys at Winston & Strawn.
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Trademark In Artistic Works 1 Year After Jack Daniel's
In the year since the U.S. Supreme Court's Jack Daniel's v. VIP Products ruling, courts have applied Jack Daniel's inconsistently to deny First Amendment protection to artistic works, providing guidance for dismissing trademark claims relating to film and TV titles, say Hardy Ehlers and Neema Sahni at Covington.
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Live Nation May Shake It Off In A Long Game With The DOJ
Don't expect a swift resolution in the U.S. Department of Justice's case against Live Nation, but a long litigation, with the company likely to represent itself as the creator of a competitive ecosystem, and the government faced with explaining how the ticketing giant formed under its watch, say Thomas Kliebhan and Taylor Hixon at GRSM50.