Corporate

  • October 04, 2021

    DOL Contractor Watchdog Unveils $3.3M Worth Of Bias Deals

    The U.S. Department of Labor said Monday that it had brokered upward of $3.3 million in settlements resolving discrimination allegations against eight federal contractors, including IBM, AstraZeneca and Thomson Reuters.

  • October 04, 2021

    FTC Split Over 'Integrating' Data Privacy And Competition

    The Federal Trade Commission has taken another step toward linking its privacy and competition enforcement, over the objections of FTC Republicans who warned that the "synchrony" between the two areas of law is being overstated.

  • October 04, 2021

    Policyholders Hopeful Despite 9th Circ. COVID-19 Losses

    The Ninth Circuit's three recent rulings upholding dismissals of COVID-19 coverage suits may initially seem like another big win for insurers at the federal appellate level, but some experts say there's no reason for the insurance industry to be donning party hats just yet.

  • October 04, 2021

    Chicken Execs Face Trial, Spar With Gov't Over Witness

    Nearly a dozen poultry industry figures face an upcoming criminal antitrust trial after a Colorado federal judge on Monday rejected their bids to throw out indictments alleging they plotted for years to fix prices and rig bids for broiler chickens.

  • October 04, 2021

    GM, Ford Near TM Deal Over Self-Driving Car Brand

    A California federal judge on Friday dismissed General Motors LLC's trademark infringement lawsuit accusing Ford Motor Co. of brazenly co-opting the brand of GM's self-driving car unit, Cruise, after the automakers shared that they are in the process of settling the dispute.

  • October 04, 2021

    IPR Denied? Alternate Path Still Open After Fed. Circ. Case

    A Federal Circuit decision narrowing when the U.S. Patent and Trademark Office can reexamine patents after an inter partes review petition is denied may encourage patent owners to attack a growing number of reexamination requests by petitioners, but the reach of the ruling appears limited, attorneys say.

  • October 04, 2021

    Senate Confirms Sheppard Mullin Partner As DHS GC

    The U.S. Senate on Monday narrowly confirmed Sheppard Mullin Richter & Hampton LLP partner Jonathan Meyer as the U.S. Department of Homeland Security's top legal officer, returning him to the agency where he had previously held two senior positions.

  • October 04, 2021

    4 Georgia Cases To Watch This Fall

    This fall, Georgia courts are contending with questions about whether the CEO of General Motors can be deposed in a civil case stemming from a car wreck and considering state duty-to-warn laws in a $200 million injury case. Here, Law360 breaks down four Georgia cases attorneys should be watching.

  • October 04, 2021

    Chipotle Settles Management Trainees' OT Suit For $8M

    More than 500 current and former Chipotle management trainees have asked a New York federal court to greenlight their $8 million settlement with the burrito chain to resolve claims that it denied them overtime pay, saying the deal separately includes up to $6.1 million in attorney fees.

  • October 04, 2021

    Warren Asks SEC To Probe Potential Insider Trading At Fed

    Sen. Elizabeth Warren, D-Mass., urged the U.S. Securities and Exchange Commission on Monday to investigate potential insider trading by top Federal Reserve officials, including Vice Chair Richard Clarida and the heads of two of the Fed's regional banks who have since resigned.

  • October 04, 2021

    Uber Must Face New Class Members' Claims In IPO Suit

    A California federal judge rejected an attempt by Uber to dismiss a consolidated proposed class action against it that alleges the ride-sharing company duped shareholders about numerous corporate scandals and downplayed risks ahead of its May 2019 initial public offering.

  • October 04, 2021

    Apple Inks $95M Deal To End IPhone, IPad Warranty Suit

    A class of smartphone and tablet buyers is asking a California federal court to give the go-ahead to a $95 million settlement to resolve claims that Apple Inc. failed to honor its warranties by replacing broken iPhone and iPad devices with "remanufactured" units that were not as good as new ones.

  • October 04, 2021

    Justices Won't Hear Trade Groups' NY Opioid Tax Challenge

    The U.S. Supreme Court on Monday declined to review a challenge by pharmaceutical groups aimed at killing a New York law imposing $600 million in payments on opioid distributors and manufacturers.

  • October 04, 2021

    High Court Won't Review AB 5 Motor Carrier Law Override

    The U.S. Supreme Court on Monday declined to review a case about whether a federal law barring state oversight of the trucking industry trumps California's worker-friendly classification statute, which assumes workers are employees of a hiring entity instead of independent contractors.

  • October 01, 2021

    Employment Authority: Big Wage Cases & NLRB Athlete Memo

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with a look at how the 100-worker threshold for the Biden administration's vaccine mandate for private employers could be its Achilles' heel, major wage and hour decisions to expect in the coming months, and how NLRB general counsel Jennifer Abruzzo sees her recent memo on the employee status of college athletes as potentially farther-reaching than the academic world.

  • October 01, 2021

    Tesla Expected Staffing Cos. To Do Anti-Harassment Trainings

    A California federal jury on Friday heard that Tesla believes it's not responsible for racial discrimination alleged in a lawsuit by a Black former subcontractor who worked at Tesla's Northern California electric vehicle factory because the staffing companies it contracts with should have trained subcontractors on its harassment policy.

  • October 01, 2021

    Counties Say Opioid Trial Can Redress 'Great Stress' Of Crisis

    The two Ohio counties set to battle national pharmacies starting Monday in a key opioid bellwether have strong steel and manufacturing roots and see the trial as their chance to hold companies accountable for the extreme financial stress the crisis has brought to their already struggling communities.

  • October 01, 2021

    Ex-Theranos Lab Chief Testifies That Balwani Wasn't Qualified

    A former Theranos lab director testified in ex-CEO Elizabeth Holmes' criminal fraud trial Friday that Holmes' onetime romantic partner Ramesh "Sunny" Balwani directed lab team members, ordered quality control studies and assessed the quality of Theranos data even though he wasn't qualified to do so.

  • October 01, 2021

    Supreme Court's Return Could Deliver Conservative Windfall

    The Supreme Court returns to the bench Monday for its first in-person arguments since the pandemic began, but the moment feels anything but normal. The courtroom is still closed to the public as the justices consider major cases involving abortion, gun rights and religious freedom under a cloud of scrutiny from lawmakers and activists.

  • October 01, 2021

    DC Circ. Calls ATM Fee Antitrust Class Cert. 'Questionable'

    The D.C. Circuit ruled Friday that Visa and Mastercard can immediately appeal a district judge's recent order certifying three different classes of consumers and ATM operators accusing the credit card giants of running afoul of antitrust laws with ATM fee rules, agreeing that the certification decision warrants an appellate review.

  • October 01, 2021

    4 Workplace Law Questions The High Court Can Answer

    A new U.S. Supreme Court term kicks off Monday, setting the stage for the justices to decide several employment-related cases, including a challenge from CVS to an appeals court loss in a discrimination battle. Here are four questions about workplace law the high court is poised to answer.

  • October 01, 2021

    Google Infringed Digital Photo Frame Patent, Texas Jury Hears

    Google LLC's Nest smart-home products infringe a digital picture frame patent, a Texas federal jury heard Friday when the co-owner of the patent testified that he and his brother tried to get Google to license the technology before resorting to litigation.

  • October 01, 2021

    9th Circ. Deals Losses To Policyholders In COVID-19 Disputes

    Policyholders seeking coverage for business losses stemming from COVID-19 government shutdown orders were dealt another blow Friday, when the Ninth Circuit handed down a trio of rulings in insurers' favor.

  • October 01, 2021

    Judge To Reconsider Partial SEC Win Against Ex-Biotech Exec

    A Maryland federal judge has granted a reconsideration motion for a former executive of biotech company Osiris Therapeutics Inc., whom regulators accused of scheming to distort the company's books, finding that there is a factual dispute over whether a certain purported reporting violation was material.

  • October 01, 2021

    Pro Say: A Supreme Court Term Packed With Landmark Cases

    A new U.S. Supreme Court term is upon us, with the justices set to tackle a slew of lightning-rod cases in the coming months, including a referendum on abortion rights and the court's first major gun rights case in over a decade.

Expert Analysis

  • Ripple's Discovery Wins Over SEC Offer Defense Strategies

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    Kevin O'Brien at Ford O'Brien explains why Ripple Labs' recent success in gaining access to U.S. Securities and Exchange Commission files and testimony may be a watershed moment in SEC enforcement actions, suggesting that the best defense in such cases may be an aggressive offense.

  • Opinion

    Congressional Bill Would Impair Ch. 11 Mass Tort Resolution

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    Legislation recently introduced in Congress seeks to limit third-party releases and injunctions in Chapter 11 mass tort bankruptcies, but doing so would upend the balanced system, at the expense of deserving, injured individuals, says Josiah Daniel at V&E.

  • A Potential Shift In Antitrust Deferred Prosecution Agreements

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    The U.S. Department of Justice's deferred prosecution agreement with Argos suggests that the Antitrust Division may be changing its approach to evaluating compliance policies, placing less emphasis on a program's adequacy at the time of the offense, say attorneys at McDermott.

  • What To Expect Under New SEC Enforcement Director Grewal

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    Newly appointed U.S. Securities and Exchange Commission Director of Enforcement Gurbir Grewal’s record as a public servant provides insight into the SEC’s likely priorities for the coming year, and firms should expect him to work closely with Chair Gary Gensler in pursuing an aggressive enforcement agenda, say attorneys at Ropes & Gray.

  • Will You Be Ready If Your Class Action Goes To Trial?

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    Despite conventional wisdom, class actions sometimes do go to trial — as TransUnion v. Ramirez, decided last month by the U.S. Supreme Court, illustrates — so attorneys must prepare by studying past class action trials, focusing on how the courts and lawyers approached procedural and evidentiary questions, says Ross Weiner at Risk Settlements.

  • Law Firms, Know Who's Responsible For Your Cloud Security

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    Lawyers generally know that files go into the cloud and that the files are then secured and protected, but it's necessary for firms to take a closer look at their cloud supply chain and then come up with a responsibility matrix that helps mitigate any potential risks or weaknesses, says Martin Ward at iManage.

  • Benefits For Law Firms Venturing Into New Services

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    By offering more services, law firms can deepen and strengthen their client relationships and truly become an extension of their clients' teams while generating new revenue streams, and while there are risks associated with expanding into consulting, they may be worth it, says Lou Ramos at Major Lindsey.

  • How Anti-Corruption Push Affects US Cos. Operating Abroad

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    A recent Biden administration memo, and an anticipated increase in enforcement related to transnational fraud, money laundering and corruption, means that U.S. companies and financial institutions with operations abroad should take concrete steps to stave off U.S. Department of Justice scrutiny, says Andrey Spektor at Bryan Cave.

  • 6 Ways To Excise Xinjiang Forced Labor From Supply Chains

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    As the U.S. increases scrutiny of China's Xinjiang province and considers legislation to bar all goods produced, mined or manufactured there unless the importer can prove the absence of forced labor, importers can take steps to ensure supply chain compliance, say Rachel Alpert and Grace Signorelli-Cassady at Jenner & Block.

  • Green Investments Are Not Immune To ESG Scrutiny

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    As investment informed and motivated by environmental, social and governance considerations accelerates, companies and investors in the green technology sector must keep in mind that regulators, consumers and communities will not grant them free passes on the full range of ESG concerns, say Michael Murphy and Kyle Guest at Gibson Dunn.

  • Series

    Embracing ESG: Exelon GC Talks Diversity Initiatives

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    Executing a commitment to diversity, equity and inclusion programming, through recruitment, inclusive legal pipelines and community empowerment via pro bono efforts, can ensure a strong environmental, social and governance proposition, says Gayle Littleton at Exelon.

  • Data Trends To Watch In M&A And Competition Investigations

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    With an uptick in mergers and acquisitions and dramatic shifts in the data landscape, practitioners need to understand the myriad emerging trends affecting regulatory oversight, second requests, merger clearance and competition investigations, and avoid data-related problems that might derail deals, say Andrea Levine and Tim Anderson at FTI Consulting.

  • Rebuttal

    FCA Relator Pursuit Of DOJ's Declined Cases Is Vital

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    While a recent Law360 guest article suggests that the U.S. Department of Justice consider dismissing all False Claims Act cases it declines, that policy would undermine the FCA's broad remedial purpose of empowering private citizens to combat fraud against the government, say Jacklyn DeMar at Taxpayers Against Fraud Education Fund and Renée Brooker at Tycko & Zavareei.

  • How Wyoming Is Leading On Cryptocurrency

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    This month, Wyoming became the first state to classify decentralized autonomous organizations as a new form of LLC, which could bring new liability principles and chip away at Delaware's dominance as the corporate capital of the U.S., says Emily DiBenedetto at Shaw Keller.

  • Recent SPAC Settlement Signals SEC Enforcement Wave

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    The U.S. Securities and Exchange Commission's recent settlement with special purpose acquisition company Stable Road — and its sponsor, CEO and proposed merger target — over false representations to investors illustrates the agency's heightened focus on policing SPAC transactions and should prompt participants to ensure adequate due diligence, say attorneys at Pillsbury.

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