Corporate

  • September 02, 2021

    Hey, Siri? Apple Can't Hang Up On Users' Eavesdropping Suit

    A California federal judge Thursday largely kept intact a proposed class action alleging that Apple Inc.'s voice-activated software Siri records conversations without user consent, finding that the amended complaint remedies the plaintiffs' previous failure to allege that their specific private conversations were intercepted.

  • September 02, 2021

    DOJ Files Second Civil Contempt Claim Against CenturyLink

    The U.S. Department of Justice asked a Washington, D.C., federal judge on Thursday to find CenturyLink in civil contempt after the telecommunications giant allegedly violated a settlement approving its $34 billion proposed merger with Level 3 Communication Inc. for a second time.

  • September 02, 2021

    Why So Many Law Firms Are Rallying In Defense Of SPACs

    A pivotal legal battle is taking place that could sway the entire industry for special purpose acquisition companies, with about five dozen law firms stating their opposition to a trio of novel lawsuits claiming that SPACs should be subject to stringent rules governing investment companies.

  • September 02, 2021

    Calif. Jury Empaneled In Trial Of Ex-Theranos CEO Holmes

    A California federal judge swore in 12 jurors Thursday — five women and seven men, along with five alternates — who will spend the next four months considering wire fraud and conspiracy charges in the criminal trial of former Theranos CEO Elizabeth Holmes.

  • September 02, 2021

    Apple Making More App Store Changes Amid Pressure

    Apple is making more updates to its beleaguered App Store policies, saying it will soon allow developers of certain apps to provide links to outside payment methods, ending an investigation by Japan's competition enforcer.

  • September 02, 2021

    Capital One CEO Fined $638K For Antitrust Stock Buy Breach

    The Federal Trade Commission on Thursday hit Capital One Financial Corp. CEO Richard Fairbank with a $637,950 civil penalty for allegedly failing to report his acquisition of company voting shares, with the agency painting the banking executive as a "repeat offender" who failed to learn from similar mistakes dating back two decades 

  • September 02, 2021

    SEC Wins Access To Ripple's Internal Slack Messages

    The U.S. Securities and Exchange Commission landed a discovery win in its legal battle with Ripple Labs Inc. on Wednesday when the company was ordered to hand over internal messages on the Slack app that discuss "issues directly relevant to disputes at the heart of this case."

  • September 02, 2021

    Virtual Currencies Gain Recognition In Texas Commercial Law

    Virtual currencies have become officially recognized in Texas' commercial code as part of a state law that passed earlier this year, alongside a measure aimed at bolstering the blockchain industry in the state.

  • September 02, 2021

    Toss Of Gallery's Virus Policy Suit Looks Safe In 2nd Circ.

    A Second Circuit panel clearly sided Thursday with a federal judge who found that COVID-19-related shutdowns in New York City were not a "direct physical loss" to an art gallery sufficient to trigger coverage under common business interruption insurance policy language.

  • September 02, 2021

    Amazon, Dell, Samsung Device Imports Face ITC Scrutiny

    The U.S. International Trade Commission has agreed to investigate whether Amazon, Dell and other big technology companies are selling laptops, desktops, servers, mobile phones and tablets that infringe patents owned by Sonrai Memory Ltd. of Ireland.

  • September 02, 2021

    McDonald's Corp. Appoints US General Counsel

    McDonald's Corp. announced Thursday that it had appointed Angela Steele as its U.S. general counsel, the culmination of a year of shakeups at the top of the fast-food giant's legal department.

  • September 02, 2021

    Lab Maker Says Ex-Exec Stole 10,000 Docs For New Employer

    Sterile laboratory maker AES Clean Technology Inc. has sued a former operations manager for allegedly stealing more than 10,000 confidential documents for his new employer, a direct rival that it has separately litigated against.

  • September 02, 2021

    Insurers Push For Security Standards Amid Cybercrime Crush

    As Congress continues to drag its feet on enacting federal cybersecurity rules, the insurance industry has stepped in to fill the void behind the scenes, pushing policyholders to adopt strict security practices as a condition of receiving coverage for cyberattacks.

  • September 02, 2021

    Dems Call For Criminal Inquiry Into Google-Facebook Ad Deal

    Democratic U.S. senators Elizabeth Warren and Richard Blumenthal urged the U.S. Department of Justice to open its own investigation into 'Jedi Blue,' a 2018 agreement between Google and Facebook that allegedly sought to kill competitive bidding for advertising space.

  • September 02, 2021

    WTO Backs US Solar Tariffs, Rebuffing Chinese Challenge

    A World Trade Organization panel ruled Thursday that the U.S. government did not flout international trade rules when setting safeguard tariffs on solar cells, shooting down a sweeping challenge from the Chinese government.

  • September 02, 2021

    WhatsApp Fined €225M For Privacy Breach In Ireland

    Ireland's Data Protection Commission said on Thursday that it has fined WhatsApp Ireland Ltd. a record €225 million ($267 million) for breaking European Union rules on data privacy by failing to be transparent with users about how it discloses their information.

  • September 01, 2021

    Lyft Beats Wheelchair Users' ADA Claims After Bench Trial

    Forcing Lyft to provide more wheelchair-accessible vehicles in the Bay Area would be administratively burdensome and riders suing the ride-hailing giant have not proven discrimination under the Americans with Disabilities Act, U.S. District Judge William Alsup said Wednesday in dismissing the case following a June bench trial.

  • September 01, 2021

    Holmes Trial Jury Pool Narrowed For Final Day Of Selection

    A California federal judge whittled down the pool of prospective jurors considered for Elizabeth Holmes' criminal fraud trial Wednesday, excusing dozens and leaving 41 prospective jurors to return to court Thursday for peremptory challenges, with a jury to be empaneled and sworn in before the weekend. 

  • September 01, 2021

    Zurich Beats Fla. Event Venue's COVID-19 Coverage Bid

    A Florida federal judge has ruled that Zurich American Insurance Co. doesn't have to cover reception hall operator Map Legacy's losses amid the COVID-19 pandemic, following the Eleventh Circuit's influential Mama Jo's decision that the policyholder did not incur property damage.

  • September 01, 2021

    FBI, Cyber Officials Warn Of Labor Day Ransomware Push

    U.S. cybersecurity officials warned organizations Tuesday to be on high alert as Labor Day weekend approaches, in the wake of at least three major hacks that have already unfolded over U.S. holiday weekends in 2021.

  • September 01, 2021

    Vivint Hires CCO Following Record $20M FTC Settlement

    Vivint Smart Home Inc. has appointed a former DLA Piper partner as its new chief ethics and compliance officer, a move that follows a record-breaking April settlement with the Federal Trade Commission that required the appointment of a CCO. 

  • September 01, 2021

    Chancery Throws Out Challenge To $5.1B Tesaro Sale

    A Delaware Chancery Court vice chancellor tossed a lawsuit by a class of Tesaro investors over the allegedly underpriced $5.1 billion sale of the cancer drugmaker, ruling that the claims couldn't overcome Delaware corporate law precedent because she was convinced the deal had been legitimately approved by stockholders.

  • September 01, 2021

    Eli Lilly Favors Millennial Applicants, Older Job Seekers Say

    Eli Lilly & Co. illegally discriminates against older, more experienced applicants for pharmaceutical sales representative positions by favoring younger hires, according to a potential class and collective action filed Wednesday in Indiana federal court.

  • September 01, 2021

    Fed. Circ. Judge Casts Doubt On $1.1B Verdict Against Apple

    A Federal Circuit judge on Wednesday took issue with a California federal jury's conclusion that Apple and Broadcom infringed three California Institute of Technology data transmission patents to the tune of $1.1 billion, saying the university's infringement theory seemed "questionable."

  • September 01, 2021

    Miami Eatery Denied Coverage In Pandemic Coverage Suit

    A Florida eatery isn't entitled to coverage for losses it sustained as a result of government pandemic restrictions, a federal court found, saying the restaurant didn't allege the kind of physical damage required for coverage under its all-risk policy.

Expert Analysis

  • Awaiting High Court Answer On Post-Cyan Discovery Issue

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    The U.S. Supreme Court’s forthcoming decision in Pivotal Software v. Tran next term may clarify a question begat by the court’s 2018 Cyan decision — whether the Private Securities Litigation Reform Act’s automatic discovery stay provision applies in state courts — and thereby lessen the burden on parties litigating amid the ambiguity, says Liz Cassady at Steptoe & Johnson.

  • Series

    Embracing ESG: Cigna Counsel Talks Employee Wellness

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    Building employee well-being into corporate environmental, social and governance priorities required our legal team to focus more closely on cross-functional collaboration within the company and increased communication with our board of directors and shareholders, says Julia Brncic at Cigna.

  • Hybrid Work Models Are Key To Gender Parity In Law Firms

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    To curb the historically high rates of attrition among female lawyers, Roberta Liebenberg at Fine Kaplan and Stephanie Scharf at Scharf Banks suggest firms must normalize hybrid work schedules, and they recommend best practices to promote engagement among all attorneys, regardless of where they work.

  • Baltimore Bill Is Most Draconian Facial Recognition Ban Yet

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    Because Baltimore's recently passed bill banning use of facial recognition by private entities goes even further than Portland's ban by imposing criminal penalties and may encourage lawmakers in other jurisdictions, companies need to institute flexible, adaptable biometric privacy compliance frameworks, says David Oberly at Blank Rome.

  • What Cartel Enforcement Under Biden's DOJ Might Look Like

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    While President Joe Biden did not mention cartel enforcement in his recent competition executive order and has yet to appoint a new leader for the U.S. Department of Justice's Antitrust Division, policies from previous administrations may provide insight on where enforcement initiatives are headed, say attorneys at Hunton.

  • A Practical Metric For Annual Patent Filing Targets: Part 3

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    Using the theoretical target for nonprovisional applications calculated in Part 1 of this three-part article, U.S. companies can factor in expected costs for preparing and filing foreign patent applications to outline a portfolio management budget, say Michael Sartori and Matthew Welch at Baker Botts.

  • 3 Keys To Winning Your Next Oral Argument

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    To leverage the unique opportunity oral arguments provide to talk directly to judges and contribute to their decision making, attorneys must mind the three hallmarks of persuasiveness: projecting credibility, exuding likability and gaining the listener's trust, says Daniel Karon at Karon LLC.

  • Keys To Efficient And Accurate Doc Review For E-Discovery

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    Attorneys involved in e-discovery can review information accurately and cost-effectively by understanding the data in a document collection and identifying its key pitfalls, drafting comprehensive review guidelines, and preparing ahead, says John Wertelet at Eckert Seamans.

  • Series

    Embracing ESG: Raytheon GC Talks Climate Change

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    Now that the climate crisis is seen as an existential threat, the stakes couldn't be higher — or the challenges more daunting — for the general counsel, who must enlist all parts of the company for support while providing both a legal and ethical road map on how to respond, says Frank Jimenez at Raytheon.

  • Opinion

    High Court Arthrex Remedy Should Concern Congress

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    In light of the U.S. Supreme Court's decision in U.S. v. Arthrex, stripping Patent Trial and Appeal Board judges of final decision-making authority and delegating discretionary review power that Congress may have withheld for good reason, the America Invents Act needs some tweaks, say Scott McBride and Alex Vogler at McAndrews Held. 

  • Q2 Stock Drop Stats Buoy High Court's Goldman Ruling

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    Nearly 40% of stock drop claims filed in the second quarter of 2021 lacked indirect price impact, underscoring the importance of the U.S. Supreme Court’s recent Goldman Sachs decision that effectively institutes a data-driven control to limit meritless securities class action litigation, say analysts at SAR.

  • What Cos. Can Do Ahead Of Upcoming Sensitive Data Regs

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    The Biden administration’s recent executive order establishes the contours of a new regulatory framework to protect Americans' sensitive data from foreign adversaries, and although it lacks detail, investors and companies can assess their exposure to China and Russia while they wait for more detailed guidance, say attorneys at Kirkland.

  • How Dutch Shell Carbon Emissions Ruling May Affect US Cos.

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    Although a Netherlands court's recent ruling that Royal Dutch Shell's greenhouse gas reduction plans failed to meet human rights obligations is unlikely to gain traction in U.S. courts, stateside companies may still face increased litigation risk, say attorneys at Foley & Lardner.

  • An Early Look At What State AGs Want From ESG Disclosures

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    As companies anticipate compliance obligations for the U.S. Securities and Exchange Commission's upcoming environmental, social and governance disclosure rules, they must also consider that certain state attorneys general recently explained their expectations on climate-related financial risk and are already acting on them, say Jonathan Brightbill and Jennie Porter at Winston & Strawn.

  • Justices' Cedar Point Ruling May Inspire More Takings Claims

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    The U.S. Supreme Court's decision in Cedar Point Nursery v. Hassid, finding that a California law granting union organizers access to private property was a government taking, provides landowners with a new weapon to fight a broad range of government regulations, says Ryan Sugden at Stinson.

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