Corporate

  • September 20, 2021

    Amazon, Publishers Ask Court To Ax E-Book Price-Fix Suit

    Amazon and the country's five largest book publishers have urged a New York federal court to throw out a proposed class action accusing them of secretly fixing digital book prices, slamming the allegations as "an illogical conspiracy" that lacks credibility and any factual allegations.

  • September 20, 2021

    JEDI Cancellation Doesn't Moot High Court Case, Oracle Says

    Oracle is urging the U.S. Supreme Court not to rule moot its protest over the U.S. Department of Defense's canceled $10 billion JEDI cloud computing contract, saying the DOD has shown that its challenged conduct will continue in a similar procurement.

  • September 20, 2021

    State AGs Back House Bills Aimed At Antitrust Tech Reform

    A bipartisan group of state-level attorneys general sent a letter to both chambers of Congress on Monday calling on lawmakers to pass a spate of proposed legislation aimed at reining in Big Tech companies and updating antitrust law.

  • September 20, 2021

    Texas Sues To Block EEOC Gender Identity Guidance

    Texas on Monday asked a federal court to block the enforcement of Equal Employment Opportunity Commission guidance issued in June regarding discrimination based on gender identity and sexual orientation, arguing that it violates the rights of state agencies to set workplace policies.

  • September 20, 2021

    Split 9th Circ. Backs Slack Investor's Suit Over Direct Listing

    The registration statement that Slack released before it went public through a direct listing applied to both registered and unregistered shares, a split Ninth Circuit ruled Monday, affirming a lower court's decision not to dismiss certain claims in an investor suit against the messaging platform.

  • September 20, 2021

    Pressure Mounts On USPTO To Join Drug Pricing Fight

    Congress, the U.S. Food and Drug Administration and the U.S. Department of Health and Human Services have called on patent officials in the past two weeks to take a more active role in fighting patent abuses that lead to high drug prices — moves that could finally spur collaboration in an area where there's been "remarkably little crosstalk."

  • September 20, 2021

    Coinbase Backs Off Lending Program After SEC Pressure

    Coinbase has quietly canceled the launch of its upcoming lending product just over a week after saying it faced an enforcement threat from the U.S. Securities and Exchange Commission over concerns that the program would implicate securities laws.

  • September 20, 2021

    Calif. AG Says AB 5 Regulates Classification, Not Speech

    Assembly Bill 5 does not violate groups' right to free speech because it focuses on regulating employment, the state's attorney general told the Ninth Circuit, hitting back against a bid to eliminate the law.

  • September 20, 2021

    Former Oil Exec Joins Sidley In Houston

    Sidley Austin LLP has hired the former assistant general counsel for Magellan Midstream Partners LP to join its energy and infrastructure practice group as a partner in Houston.

  • September 20, 2021

    Yelp Can't Escape Investor Suit Over Local Biz Retention

    A California federal judge has denied Yelp's bid to toss a proposed class action claiming the crowdsourced online review website misled investors about its advertising program with local businesses, saying there's ample evidence the site made false or misleading statements about expected revenues.

  • September 20, 2021

    Twitter Cuts $810M Deal To End Securities Suit On Eve Of Trial

    With Twitter Inc. set to face trial Monday in a certified securities class action in California federal court, the social media giant agreed to pay $809.5 million to end claims it overstated user engagement in 2015 and caused shares to fall almost 15% in one day.

  • September 20, 2021

    SEC's 1st Crowdfunding Suit Targets Pair Of Cannabis Cos.

    The U.S. Securities and Exchange Commission on Monday accused two cannabis and hemp real estate companies and their principles of raising nearly $2 million in fraudulent crowdfunding offerings, in what the agency said was its first enforcement action involving crowdfunding regulations.

  • September 20, 2021

    'Indictments Are Coming' In Trump Org. Case, CFO's Atty Says

    An attorney for Trump Organization finance chief Allen Weisselberg told a New York state court Monday that he expects there will be additional indictments in the Manhattan district attorney's tax fraud case against former President Donald Trump's business.

  • September 17, 2021

    Holmes Rushed Device Testing For Walgreens Deal, Jury Told

    A former Theranos team manager testified in ex-CEO Elizabeth Holmes' criminal fraud trial Friday that she quit after concluding Holmes was rushing the deployment of its Edison devices to fulfill the company's new deal with Walgreens, saying Holmes pressured her team to validate Edison blood tests despite known problems with the device.

  • September 17, 2021

    Travelers Doesn't Owe Northrop Coverage In Pollution Suits

    The Travelers Indemnity Co. isn't responsible for coverage claims that Northrop Grumman Corp. made after facing lawsuits over industrial waste because other courts have already determined that the aerospace and defense company's contamination isn't covered by the policies, a Manhattan federal judge ruled Friday.

  • September 17, 2021

    Employment Authority: Tips For Raising Pay, NLRB Remedies

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with a close look at the Ninth Circuit decision that reinstated elements of California's anti-arbitration law, tips for employers thinking about raising workers' wages, and how the NLRB general counsel may find ways for unauthorized immigrant workers to be eligible for remedies under federal labor law.

  • September 17, 2021

    NY Electrical Cos. Violated Union Agreement, 2nd Circ. Affirms

    The Second Circuit affirmed Friday the National Labor Relations Board's decision that three related electrical contracting companies violated the law by not complying with their collective bargaining obligations, finding the board's general counsel can ratify a previous decision by an improperly serving acting general counsel.

  • September 17, 2021

    Baltimore Hotel Coerced 'No' Union Votes, NLRB Judge Says

    A Residence Inn by Marriott at the Johns Hopkins Medical Campus in Baltimore violated federal labor law by promising workers that if they voted against union representation, the company would resolve grievances and provide other benefits, a National Labor Relations Board judge has ruled.

  • September 17, 2021

    Endo's Attys In 'Career-Wrecking' Peril As Opioid Woes Grow

    A flash flood of misconduct inquiries in opioid litigation across the country is rapidly engulfing Endo Pharmaceuticals and threatening to inflict considerable damage on the professional reputations of its Arnold & Porter attorneys, according to legal filings, court proceedings and interviews.

  • September 17, 2021

    LG Counsel Sues ITC For Safeguard Review Access

    South Korea's LG Electronics has sued the U.S. International Trade Commission, arguing that its lawyers are being unfairly locked out of a solar safeguard review because of their previous work on behalf of China at the World Trade Organization.

  • September 17, 2021

    IPO Lockup Periods Begin To Loosen Amid Market Pressure

    More companies are relaxing lockup rules following their initial public offerings, making it easier for shareholders to sell stock without waiting six months after going public as changing market dynamics and competition from IPO alternatives begin to reshape conventional practices.

  • September 17, 2021

    Zurich Beats Virus Suit From Children's Place Retail Chain

    A New Jersey federal judge on Friday tossed a lawsuit by the Children's Place seeking a declaration that Zurich American Insurance Co. owes it coverage for losses related to the COVID-19 pandemic, ruling that the policy terms at issue are unambiguous and in favor of dismissal.

  • September 17, 2021

    Boston Cannabis Board's Former GC Joins Prince Lobel

    The Boston Cannabis Board's former general counsel has gone back to her roots as a real estate development attorney and is joining Prince Lobel Tye LLP, where she will focus on real estate and alcohol licensing, but also lend her expertise in cannabis matters.

  • September 17, 2021

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    The trend continues that restaurants cannot claim property damage insurance coverage for the presence of COVID-19 particles, while a survey found that the virus has sped up how social and tech forces are reshaping the world's workplaces.

  • September 17, 2021

    Hyundai Elevates Assistant GC To Chief Legal Officer

    Hyundai Motor North America has promoted its assistant general counsel to serve as the automotive company's chief legal officer, the company announced Friday.

Expert Analysis

  • What The Nondebtor Release Bill Means For Chapter 11 Filings

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    Proposed legislation prohibiting nonconsensual third-party releases in Chapter 11 plans would likely eliminate the use of bankruptcy restructurings as vehicles for large tort settlements, among other impacts on case administration and exculpation rights, say attorneys at Morgan Lewis.

  • How SEC's Policy Pivot Supports Whistleblowers

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    The recent U.S. Securities and Exchange Commission rollbacks of 2020 amendments to whistleblower program rules could bolster both whistleblower complaints against public companies and SEC enforcement activity, say attorneys at Kirkland.

  • 3rd Circ. Ruling Shows Employer Risk In Unpaid Military Leave

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    The Third Circuit's recent decision in Travers v. FedEx — which mirrors the Seventh Circuit's broad interpretation of the Uniformed Services Employment and Reemployment Rights Act in White v. United Airlines — could proliferate litigation concerning whether employers must offer paid military leave if compensation is provided for comparable nonmilitary leaves, say Richard Rosenblatt and Jason Ranjo at Morgan Lewis.

  • A Look At Global Tax Enforcement Developments: Part 1

    Excerpt from Practical Guidance
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    Sean Craig at LexisNexis looks at how international initiatives, such as the Joint Chiefs of Global Tax Enforcement, are addressing cryptocurrency-related tax evasion, and how the COVID-19 pandemic and increasing demands for governmental welfare programs are driving global tax policy.

  • What The Judiciary's Font Recommendations Can Teach Us

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    The D.C. Circuit's recent soft prohibition on Garamond and the ensuing debates about courts' font preferences should serve as a helpful reminder of a larger point — every departure from convention in legal writing carries some level of risk, says Spencer Short at Stradley Ronon.

  • New Shadow Trading Enforcement Lessons For Private Funds

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    The U.S. Securities and Exchange Commission's first shadow insider trading case, Panuwat, makes clear that the SEC now views shadow trading as another potential arrow in its enforcement quiver, and it could be emboldened to pursue similar actions in the future, particularly in the private funds space, say attorneys at Akin Gump.

  • Opinion

    EU Climate Plan Should Involve Taxing Pollution, Not Borders

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    In order to crack down on greenhouse gas emissions, the European Union proposes to levy carbon emissions at its borders and to overhaul its long-standing energy tax framework, but the latter would hold polluters directly accountable, giving it the better chance for success, says Rebecca Christie at Bruegel.

  • High Court TransUnion Ruling May Enhance PTAB Autonomy

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    The U.S. Supreme Court's recent decision in TransUnion v. Ramirez, raising the bar on requirements for Article III standing, may bolster the Patent Trial and Appeal Board's autonomy because courts can now hold that denial of inter partes review does not constitute a concrete injury, says Gwendolyn Tawresey at Troutman Pepper.

  • How Social Movements Are Affecting Corporate Governance

    Excerpt from Practical Guidance
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    Ellen Holloman and Hyungjoo Han at Cadwalader explain how trends in environmental, social and governance issues, the #MeToo movement and Black Lives Matter have influenced corporate governance and the workplace, particularly with regard to diversity, compliance, data privacy and sustainability.

  • Steps For Complying With FinCEN's New AML Priorities

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    Attorneys at Debevoise highlight key strategies financial institutions should consider for complying with the Financial Crimes Enforcement Network’s recently issued anti-money laundering and countering the financing of terrorism priorities, noting their increased interconnectedness among traditionally separate issues.

  • 'Ecocide' May Be New Tool For Fighting Environmental Crime

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    While it could be difficult for the International Criminal Court to put into practice a recent proposal to make ecocide one of the crimes it prosecutes, it is undeniable that major environmental offenses often have effects similar to war crimes, which are already under the court's purview, says Josef Rybacki at WilmerHale.

  • Natural Capital: A Paradigm Shift In Valuing The Environment

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    Companies can reap multiple benefits from incorporating the concept of natural capital — best understood as the global stock of ecological resources and systems providing the goods and services necessary to support life and sustain industries — into their environmental, social and governance initiatives and compliance efforts, says Ian Guthoff at Goldberg Segalla.

  • SEC Cyber Disclosure Actions Point To Merciless Scrutiny

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    Recent U.S. Securities and Exchange Commission actions over cyber-related disclosure failures show what to expect from a newly invigorated SEC and offer fresh insights on how to counter potentially unmerciful post-breach scrutiny from the agency, even in immaterial, nonfraudulent matters, says cybersecurity consultant John Reed Stark.

  • How The 'Rocket Docket' Continues To Roar Through COVID

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    While the Eastern District of Virginia rocket docket is no longer the nation's fastest civil trial court, it continues to keep litigation moving efficiently, with pandemic protocols resulting in new benefits for litigants, says Robert Tata at Hunton.

  • Wendy's Offers A Cautionary Tale On US Mediation Privilege

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    Richard Mason at MasonADR says an Ohio federal court's recent decision in Wendy's Shareholder Derivative Action reveals that the scope of the federal mediation privilege remains ill-defined, even when it is recognized, and offers four practice tips for crafting a well-defined mediation document.

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