Corporate

  • September 22, 2021

    Senate Committee Approves Biden's EPA GC Pick

    A Senate committee on Wednesday waved through President Joe Biden's choice to lead the U.S. Environmental Protection Agency's legal division, setting the stage for a vote by the full Senate.

  • September 22, 2021

    Dechert Admits To 'Significant Omission' Over ENRC Texts

    Dechert LLP's failure to disclose former attorney Neil Gerrard's text messages as part of ENRC's lawsuit accusing the white-collar pro of colluding with U.K. prosecutors was "a significant omission," the firm's general counsel said in court documents made public Wednesday.

  • September 22, 2021

    United Airlines Faces Bias Suit Over COVID-19 Vax Mandate

    Six United Airlines employees launched a legal challenge to the company's policy placing workers with religious or medical exemptions from its COVID-19 vaccine mandate on indefinite unpaid leave, arguing United is effectively sacking people based on their faith or health conditions.

  • September 21, 2021

    6th Circ. Robocall Ruling Likely To Spark High Court Fight

    The Sixth Circuit has dealt a major blow to companies' argument that the national robocall ban doesn't apply to calls made during the five years that government debt collectors were exempt from the law, but a likely appeal and questions about the validity of other exemptions are poised to keep the debate churning.

  • September 21, 2021

    Trade Groups Say FCC Can't Wade Into Device Cybersecurity

    The Federal Communications Commission is "breaking new legal ground" with its proposed rule to restrict the flow of Chinese-made technologies into the United States, according to a collection of industry groups that aren't sure that the agency has the power to make cybersecurity rules about devices.

  • September 21, 2021

    Theranos Test Wrongly Suggested Miscarriage, Jury Hears

    An Arizona patient and a nurse practitioner testified in former Theranos CEO Elizabeth Holmes' criminal fraud trial Tuesday that they didn't trust the startup's tests after the patient received at least one inaccurate hormone result that erroneously suggested she'd had a miscarriage.

  • September 21, 2021

    Treasury Sanctions Crypto Firm Over Ransomware Ties

    The U.S. Department of the Treasury on Tuesday blacklisted a Russia-based company that allegedly helped cybercriminals launder extortion payments, in a first-of-its-kind move that aims to make ransomware attacks less profitable.

  • September 21, 2021

    Proposed Senate Patent Bills Seek Diversity, Transparency

    A pair of bipartisan bills introduced by the ranking member and chair of the Senate Intellectual Property Subcommittee Tuesday aim to increase diversity among patent owners and require transparency concerning patent ownership.

  • September 21, 2021

    A Cheat Sheet For Activision Blizzard's Legal Woes

    The gaming giant behind Call of Duty, World of Warcraft and Candy Crush is facing legal threats from an alphabet soup of government agencies, many stemming from its alleged fostering of a toxic "frat boy" work environment rife with pay bias, sexual harassment and assault. Here, Law360 looks at four fronts on which Activision Blizzard is dealing with government enforcers.

  • September 21, 2021

    Ripple Loses Bid For SEC Staff's Crypto Trading Records

    A New York federal magistrate judge declined Tuesday to make the U.S. Securities and Exchange Commission turn over records related to its employees' personal cryptocurrency transactions as part of discovery in the agency's legal battle with Ripple Labs Inc.

  • September 21, 2021

    Judge Sends Virus Coverage Suit To Trial In 'Landmark' Ruling

    A Missouri federal judge ruled Tuesday that a Kansas City restaurant and bar operator could be entitled to coverage for pandemic losses at trial, saying the physical loss or damage required for coverage includes contamination rendering a property unsafe.

  • September 21, 2021

    Liberty Mutual Won't Have To Cover NJ Eatery's Virus Losses

    A New Jersey state court ruled Tuesday that a Liberty Mutual unit does not have to cover a restaurant's losses related to the coronavirus pandemic, with a judge finding that the eatery was not physically altered and that its insurance policy's virus exclusion bars coverage.

  • September 21, 2021

    PwC Can't Shed City's Claim In Valeant Securities Suit

    A New Jersey federal judge on Tuesday refused to free PricewaterhouseCoopers from the remainder of a long-running securities lawsuit brought by investors of the former Valeant Pharmaceuticals International Inc., reasoning that an Arizona city and its pension fund met the pleading requirements for its stock-drop claim.

  • September 21, 2021

    Amazon Says It's Ready To Rehire Workers Fired For Pot Use

    Amazon.com Inc. on Tuesday reaffirmed its support for federal legalization of marijuana, saying it had reinstated employment eligibility for most job applicants and workers who had been screened out by a positive drug test.

  • September 21, 2021

    How Judge Albright's Transfer Denials Riled The Fed. Circ.

    The Federal Circuit has issued numerous rulings taking busy Western District of Texas Judge Alan Albright to task for refusing to transfer patent cases elsewhere. Here's a look at the issues the appeals court says the judge got wrong when deciding to hold onto cases.

  • September 21, 2021

    FTC Talks Tough On Gas Station Co. Mergers

    The Federal Trade Commission signaled Tuesday it will take a much tougher approach toward tie-ups involving wholesale and retail gasoline companies and warned that previous merger clearance settlements may have created "conditions ripe for price coordination."

  • September 21, 2021

    DOJ Flags Zoom's Five9 Buy For National Security Probe

    The U.S. Department of Justice has flagged Zoom's $14.7 billion acquisition of customer contact center Five9, asking the Federal Communications Commission to hold off on approving the deal until a full national security review can be conducted.

  • September 21, 2021

    Crypto Platforms To See More SEC Crackdowns, Gensler Says

    U.S. Securities and Exchange Commission Chairman Gary Gensler said Tuesday that regulators expect to step up enforcement against cryptocurrency trading and lending platforms, concerned that many such venues continue to operate outside the bounds of securities laws.

  • September 21, 2021

    DOJ Sues To Stop American Airlines-JetBlue Alliance

    The U.S. Department of Justice and several state-level enforcers filed suit on Tuesday seeking to block an alliance between American Airlines and JetBlue, contending the move eliminates competition and further consolidates an already concentrated industry.

  • September 21, 2021

    Blizzard's Top Atty Departs Amid Legal Tumult At Parent Co.

    Blizzard Entertainment's chief legal officer announced Monday that she has left the World of Warcraft video game company, as Blizzard's parent company faces a slew of legal challenges related to the treatment of women employees and its disclosure of employment issues to shareholders.

  • September 21, 2021

    7th Circ. Won't Revive Workers' Biometric Privacy Suit

    The Seventh Circuit will not revive a lawsuit from a group of former workers for an Illinois food producer claiming their employer unlawfully collected their fingerprints without consent, saying the dispute doesn't belong in court because it concerns interpretation of labor contracts.

  • September 21, 2021

    Senate Dems Push Chopra's CFPB Nom Toward Finish Line

    Senate Democrats moved one step closer late Tuesday to finally approving the Biden administration's nomination of Rohit Chopra as permanent director of the Consumer Financial Protection Bureau.

  • September 20, 2021

    SEC Probing Activision Blizzard Employment-Related Issues

    Activision Blizzard, which makes a slew of popular games including Call of Duty and World of Warcraft, said Monday that it is under investigation by the U.S. Securities and Exchange Commission related to "employment matters."

  • September 20, 2021

    Del. Justices Strike Down 'Dual-Natured' Claims Precedent

    The Delaware Supreme Court on Monday struck down a controversial "dual-natured" claims precedent related to whether direct claims in combined direct-derivative actions can survive after mergers or buyouts eradicate derivative rights, holding that the precedent created confusion and conflicted with state law.

  • September 20, 2021

    J&J May Court Trouble With 'Texas Two-Step' Talc Gambit

    An untested legal maneuver could help Johnson & Johnson wipe out billions of dollars in claims over its allegedly cancer-causing talcum powder, but pending legislation and likely fraud allegations may block a move plaintiffs' lawyers deride as a "Texas two-step."

Expert Analysis

  • How SPAC Investors Might Rethink Material Adverse Effect

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    Buyers in special purpose acquisition company transactions involving early-stage technology companies should consider allocating key business risks in an acquisition agreement outside the construct of material adverse effect, due to the difficulty of proving a material adverse effect on a pre-revenue target company in Delaware court, say attorneys at White & Case.

  • How ERISA Fiduciaries Can Use ESG: Part 1

    Excerpt from Practical Guidance
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    The U.S. Department of Labor's back-and-forth position on the Employee Retirement Income Security Act's treatment of environmental, social and governance factors in investing has created significant confusion, but case law may provide the framework needed to use ESG in retirement plan investing, says Elizabeth Goldberg at Morgan Lewis.

  • Employer Considerations Ahead Of OSHA's Vaccine Rule

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    Paula Ketcham at Schiff Hardin highlights what employers should be on the lookout for when the Occupational Safety and Health Administration announces its emergency temporary standard requiring large employers to mandate COVID-19 vaccines or weekly testing, and offers insights on preparation, existing state laws and more.

  • Cybersecurity Trends Offer Risk-Preparedness Takeaways

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    As cyberattacks on businesses have increased in number and sophistication during the pandemic, trends we uncovered in a recent analysis of Canadian cybersecurity incidents — particularly those concerning ransomware — can inform the information security policies and protocols of organizations worldwide, say attorneys at Blakes.

  • Board Diversity Considerations In Light Of New Nasdaq Rules

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    Public companies of varying sizes may face discrete challenges meeting Nasdaq's recently finalized board diversity objectives, which could be a harbinger of further U.S. Securities and Exchange Commission rulemaking on environmental, social and governance issues, say attorneys at Paul Weiss.

  • 2nd Circ. Vitamin C Price-Fixing Decree Goes Beyond Antitrust

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    The Second Circuit's recent dismissal of antitrust price-fixing claims against two Chinese vitamin C exporters carries broad implications as to the sources and authorities litigants should present in advancing interpretations of foreign law, say attorneys at Cleary.

  • Series

    Embracing ESG: Leidos GC Talks Social Responsibility

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    Recent criticisms of corporate commitments to stakeholders such as employees and communities — implicitly opposing environmental, social and governance initiatives — are fundamentally flawed and display a serious misunderstanding of contemporary investor priorities and dynamics, says Jerald Howe at Leidos.

  • Pharma Cos. Should Prepare For New Drug-Rebate Scrutiny

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    President Joe Biden's recent executive order on competition and new Federal Trade Commission leadership mean pharmaceutical companies should anticipate a stricter focus on drug pricing and rebating practices, and plan to defend against potential price strategy challenges from government enforcers and private plaintiffs, say attorneys at Gibson Dunn.

  • Considerations In Structuring Private Equity D&O Coverage

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    With the surge in investment activity driven by the ongoing pandemic recovery, private equity firms should carefully consider the scope of protection afforded by their directors and officers and general partnership liability programs, and how that coverage fits into their overall risk mitigation strategy, say Geoffrey Fehling and Syed Ahmad at Hunton and Rachel Beck at CAC Specialty.

  • Learning From The Latest SEC Cybersecurity Enforcement

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    Three new U.S. Securities and Exchange Commission enforcement actions, charging eight separate financial firms with violations of Regulation S-P, indicate a seismic shift in SEC focus and provide a slew of critical takeaways for any SEC-registered entity, says cybersecurity consultant John Reed Stark.

  • Health CLOs Should Take The Lead In Reputation Management

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    An array of crises threatening health care organizations can be traced back to reputational problems, and chief legal officers are uniquely positioned to shepherd their organizations toward reputational resilience, says Nir Kossovsky at Steel City Re.

  • Lessons In Crisis Lawyering 20 Years After 9/11

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    Dianne Phillips at Holland & Knight recounts her experiences as in-house counsel at a liquefied natural gas company in the tumultuous aftermath of Sept. 11, 2001, and details the lessons she learned about lawyering in a crisis, including the importance of careful forethought and having trusted advisers on speed dial.

  • Rebuttal

    Adoption Of Extended M&A Valuation Models Seems Unlikely

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    A recent Law360 guest article says courts would make appraisals of companies' stock more explicit and transparent by using projections of 25 years or more in discounted cash flow models, but there are several reasons the courts wouldn't, and shouldn't, adopt these projections, says Nicholas Walter at Wachtell.

  • Key Anti-Corruption Tips For Green Energy And Tech Cos.

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    With investments in renewable energy and low carbon technologies growing at unprecedented levels globally, companies in these sectors are rapidly expanding into countries that pose high risks under global anti-corruption laws, so executives must plan to carefully vet risky counterparties, contracts and transactions, says Ryan Hartman at Arnold & Porter.

  • Comparing 'Ultimate Beneficial Owner' Rules In EU And US

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    The European Union's efforts to improve transparency in company ownership have created an uneven patchwork of so-called ultimate beneficial owner rules, and recently introduced U.S. regulations will add another layer of complexity for global companies, says Rodrigo Calleja at TMF Group.

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