Corporate

  • 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."

  • September 20, 2021

    Lupin Will Pay $150M To End Glumetza Antitrust Suit

    Direct buyers of blood sugar medication Glumetza on Monday inked a $150 million deal in California federal court with Lupin Pharmaceuticals, which is accused of taking part in a scheme to stave off the launch of a generic version of the blockbuster drug.

  • September 20, 2021

    Cyberinsurance Market Evolving With Risks, Beazley Pro Says

    Businesses are increasingly turning to cyberinsurance to fend off unpredictable cyberattacks, as insurance companies are trying to stay competitive in the growing market while grappling with the risks of paying multimillion-dollar ransom demands.

  • September 20, 2021

    Dynamex Covers Grubhub Classification Fight, 9th Circ. Rules

    The Ninth Circuit on Monday partially tossed a bellwether ruling that a former Grubhub driver is an independent contractor ineligible for overtime pay and other benefits, finding that the lower court needs to take another look because the California Supreme Court now holds that its Dynamex three-prong test applies retroactively.

  • September 20, 2021

    Uber Calls $91M Arbitration Association Fee A 'Ransom'

    Uber sued the American Arbitration Association in New York state court on Monday, saying the ride-hailing giant shouldn't have to pay a $91 million bill, which it calls a "ransom" coordinated by "politically-motivated lawyers" at the "opportunistic" law firm Consovoy McCarthy PLLC.

Expert Analysis

  • 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.

  • The Regulatory Growing Pains For Digital Health Companies

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    The meteoric rise of digital health services during the pandemic has been matched with increasing regulatory scrutiny in the U.S. and abroad, resulting in a patchwork of laws and approaches that could leave a damper on the industry's growth, say attorneys at Kobre & Kim.

  • Opinion

    How PFAS Action Act Could Complicate Superfund Cleanups

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    If the PFAS Action Act — recently passed by the U.S. House of Representatives — becomes law, it will likely have sweeping implications for regulated businesses and industries, including prolonging the remediation and redevelopment of Superfund sites affected by releases of per- and polyfluoroalkyl substances, say attorneys at Alston & Bird.

  • Online Retailers' Losing Streak Shows Evolving Liability Trend

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    In the two years since the Third Circuit’s ruling in Oberdorf v. Amazon, more courts are holding online retailers liable for products sold on their websites by third parties, signaling a new trend that is likely to continue to pick up speed, say attorneys at Steptoe & Johnson.

  • Opinion

    SEC Must Tackle Proxy Adviser Problems

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    Issues with the use of proxy advisers, including robo-voting and other harmful fiduciary practices among investment managers, continue unabated, affecting how the assets of millions of Americans are managed — and the U.S. Securities and Exchange Commission should not ignore it, says Paul Rose at Ohio State University.

  • Why Structured Data Is Increasingly Important To Your Case

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    During discovery, legal teams often overlook structured data — the rows of information found in financial ledgers and similar corporate systems — and consider it secondary to emails and other anecdotal evidence, but this common mistake could mean litigators are missing key elements of a dispute, say consultants at Alvarez & Marsal.

  • Chancery Ruling Clarifies M&A Fraud Claim Limits

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    In the Delaware Chancery Court, when a seller uses an acquisition agreement to commit fraud, it cannot use that same agreement to protect itself from liability for fraud, and a recent decision in Online Healthnow v. CIP OCL offers a window into the reasons why, say attorneys at Holland & Knight.

  • Opinion

    Superfund: The Wrong Tool For PFAS Cleanup Efforts

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    Legislation pending in Congress that would bring per- and polyfluoroalkyl substances under the umbrella of the Superfund law is ill-suited to deal with the unique challenges posed by these chemicals, and could divert resources from remediation to protracted, expensive litigation, says Philip Comella at Freeborn & Peters.

  • Series

    Embracing ESG: AIG Counsel Talks SEC Risk Alert

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    As the U.S. Securities and Exchange Commission responds to the changing landscape on environmental, social and corporate governance investing, including with its recent risk alert, it is imperative that the regulator take a measured approach, says Kate Fuentes at AIG.

  • Fed. Circ. Teva Ruling May Shake Up Skinny Label Strategies

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    The Federal Circuit's recent revival of a verdict against Teva for inducing patent infringement of GlaxoSmithKline's drug Coreg, even though the generic was launched with a skinny label carving out the infringing method, appears likely to change how manufacturers think about approaches to skinny labels, say attorneys at Cooley.

  • A Look At Global Tax Enforcement Developments: Part 2

    Excerpt from Practical Guidance
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    Sean Craig at LexisNexis examines recent investigations by the Joint Chiefs of Global Tax Enforcement and their impact on U.S. taxpayers, as well as the growing significance of transfer pricing disputes and policies for future enforcement.

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