Corporate

  • September 13, 2021

    Biden Taps Privacy Expert For FTC Seat

    President Joe Biden tapped privacy expert and Georgetown Law scholar Alvaro Bedoya on Monday to replace one of the current Democrats on the Federal Trade Commission, the White House said.

  • September 13, 2021

    Skadden Picks Up Ex-SEC Enforcement Unit Chief In NYC

    A former unit chief of the U.S. Securities and Exchange Commission's enforcement division has moved to Skadden Arps Slate Meagher & Flom LLP's government enforcement and white collar crime group in New York City, the firm announced Monday.

  • September 13, 2021

    Law360's Glass Ceiling Report: What You Need To Know

    Law firms are facing renewed calls to step up their efforts on equity and inclusion. But when it comes to closing the gender gap, law firms still have a long way to go, our annual survey shows.

  • September 13, 2021

    Ex-EBay CEO Taps Heavy Hitters In Couple's Stalking Case

    Former eBay chief executive Devin Wenig has hired two prominent white-collar attorneys to defend against a civil suit claiming he's partly responsible for a harassment campaign targeting a blogging couple over their critical reporting on the e-commerce company.

  • September 13, 2021

    Airport Shops Operator Sued Over Employee Info Data Breach

    The company that runs hundreds of newsstands, shops and restaurants in airports across the country faces a proposed class action over a 2020 ransomware attack that the plaintiff says exposed the personal information of thousands of employees to hackers.

  • September 10, 2021

    Vax-Exempt NYC Teachers To Be Offered Non-Classroom Jobs

    New York City teachers who are exempt from getting the COVID-19 vaccine for medical or religious reasons must be offered non-classroom work, an independent arbitrator determined Friday.

  • September 10, 2021

    Employment Authority: Vax Mandate Pitfalls In Hiring, Pay

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with stories on how vaccine mandates can affect the hiring process and employers' pay obligations, as well as wage and hour compliance challenges faced by restaurants during the pandemic and an exclusive interview with NLRB Chair Lauren McFerran.

  • September 10, 2021

    Coinbase Probe Shows SEC Game To Play Hardball On Crypto

    The revelation that the U.S. Securities and Exchange Commission is prepared to take legal action over Coinbase's planned crypto lending program further dims the cryptocurrency industry's already dwindling hopes for a softer touch from the regulator.

  • September 10, 2021

    Ritz-Carlton, Quality Inn Fight For Virus Coverage At 7th Circ.

    A Ritz-Carlton in Texas, a Quality Inn in Illinois and a handful of other businesses urged a Seventh Circuit panel Friday to undo a slate of lower court rulings axing their claims that insurers wrongfully denied coverage for their losses stemming from the COVID-19 pandemic and ensuing government shutdown orders.

  • September 10, 2021

    Costco Beats Wiretap Suit Targeting Web-Tracking Software

    A federal judge permanently dismissed a proposed class action against Costco over its "session replay" software that tracks web users' activity amid what he called an "outbreak of litigation" from litigants who have "seized on a novel reading of Florida's decades-old wiretapping statute."

  • September 10, 2021

    NJ Supreme Court Preview: Teacher Bias Suit, New Biz Rule

    The scope of the First Amendment's ministerial exception in blocking employment discrimination claims against religious institutions and the viability of the state's new business rule in barring damages for future lost profits are among the hot-button questions facing the New Jersey Supreme Court as the justices kick off a new term.

  • September 10, 2021

    Teva Loses Bid To Dodge Most Of Feds' FCA Case

    A Massachusetts federal judge refused to let Teva Pharmaceuticals USA Inc. escape most of a lawsuit claiming it used two copay foundations to funnel illegal kickbacks to Medicare patients using its multiple sclerosis drug, but agreed to slightly trim the case.

  • September 10, 2021

    Ex-Consol Coal Prez Settles Gender Bias, Retaliation Suit

    The short-tenured president of coal-focused Consol Energy has reached a confidential settlement with the gas side of the company over her allegedly unequal pay and her retaliatory firing, according to filings in Pennsylvania state court.

  • September 10, 2021

    Bank Of America Promotes Compliance Chief To Global GC

    The Bank of America Corp. Chairman and CEO Brian Moynihan announced in a letter to company employees on Friday that amid several top leadership changes, Lauren Mogensen will become the company's new global general counsel at the end of 2021.

  • September 10, 2021

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    Apple won on all but one key claim in Epic Games' antitrust action against it, although the tech giant may have to give up some fat commissions on app sales, and Wells Fargo was penalized $250 million over the bank's home loan program miscues.

  • September 10, 2021

    NY Giants, Ex-Staffer Fight For 'Last Word' In 'Strangle' Suit

    A fired New York Giants video director who claims the team's general counsel threatened to "strangle" him is using improper filings in an attempt to have the "last word" before a New Jersey state court decides whether to dismiss the suit, the team and lawyer said Thursday.

  • September 10, 2021

    Pandemic, Cyberattacks Fuel Demand For Insurance Attys

    The rise of COVID-19 business-interruption coverage disputes, unpredictable cyberattacks and natural disasters, along with what legal experts call a hard insurance market, has boosted the demand for insurance attorneys and spurred stiff competition for talent.

  • September 10, 2021

    Apple Can Block Epic's App Store Rival But Not Outside Sales

    A California federal judge on Friday ordered Apple to let Epic Games and other app developers steer customers to outside platforms for purchases but also allowed the Silicon Valley giant to keep other restrictions in place, including blocking apps and alternative distribution mechanisms from outside the iPhone App Store.

  • September 09, 2021

    Groupon Investor Seeks To File Sealed Suit Against Execs

    A Groupon investor has asked a Delaware federal judge for permission to file his verified stockholder derivative action complaint against Groupon officers under seal since it contains documents he received from the company that it claims includes "nonpublic, confidential, proprietary, or commercially sensitive information."

  • September 09, 2021

    SIFMA Wants More Time To Give SEC 'Gamification' Input

    The U.S. Securities and Exchange Commission's 30-day deadline on its recent request for public comments on the so-called gamification of trading is not enough time given the "complexity and scale" of the request, according to the Securities Industry and Financial Markets Association.

  • September 09, 2021

    SEC Panel Endorses Tougher Regs On SPACs, Insider Trading

    A U.S. Securities and Exchange Commission advisory committee on Thursday endorsed rule changes that would increase disclosure regarding special purpose acquisition companies and rein in insider trading plans applying to corporate executives.

  • September 09, 2021

    Elizabeth Holmes' Fraud Trial Delayed Over Virus Concerns

    U.S. District Judge Edward Davila said Thursday he would delay former Theranos CEO Elizabeth Holmes' criminal fraud trial until next week after a juror informed the court that he thinks he was exposed to COVID-19 over the weekend.

  • September 09, 2021

    'Avalanche' Of Virus Cases Favors Insurers, Judge Says

    A California federal judge said Thursday she's inclined to toss a Michelin-starred restaurant's proposed class action demanding that Sentinel Insurance cover pandemic-related losses, saying there's an "avalanche" of similar cases favoring insurers and "the fact that [the restaurant] had a different business model, guess what? So did everyone else."

  • September 09, 2021

    Gilstrap Won't Triple $300M 4G Patent Verdict Against Apple

    A Texas federal judge on Wednesday opted not to tack on enhanced damages to a $300 million patent verdict against Apple, holding that the tech giant's infringement of Optis Wireless Technology's standard-essential 4G wireless patents was not egregious.

  • September 09, 2021

    NY AG Goes After No-Poach Pacts In Title Insurance Industry

    New York Attorney General Letitia James reached a deal Thursday with Old Republic National Title Insurance Co. that requires the company to stop agreeing with independent insurance agencies to not hire workers from one another and obligating it to cooperate with an ongoing probe of the industry.

Expert Analysis

  • Considerations For Patent Assignments After Minerva Ruling

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    The U.S. Supreme Court's recent ruling in Minerva Surgical v. Hologic, reaffirming the doctrine of assignor estoppel in certain circumstances and potentially making assignment of patent rights more contentious, should encourage both assignors and assignees to scrutinize the terms, say Austen Zuege at Westman Champlin and Benjamin Edlavitch at Edlavitch Law.

  • 10 Steps To Building An ESG Board Committee: Part 1

    Excerpt from Practical Guidance
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    Sarah Fortt at V&E lays out the first steps every company should take before creating an environmental, social and governance committee within the board of directors, or assigning ESG duties to existing board bodies, with an eye toward materiality, stakeholders, available data and more.

  • 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.

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