Corporate

  • November 29, 2021

    Holmes Says Ex-Theranos Exec Controlled And Abused Her

    Elizabeth Holmes testified in her criminal fraud trial Monday that she began dating former Theranos executive Ramesh "Sunny" Balwani after she was raped in college, initially viewing the older man as her protector before the relationship devolved into a 10-year nightmare of obsessive control and sexual abuse.

  • November 29, 2021

    Ex-Google Workers Say Co. Breached 'Don't Be Evil' Mandate

    A trio of former Google workers sued the tech giant Monday, claiming that it violated its own "Don't be evil" mandate when it fired them after they questioned the company's work with the Trump administration at the U.S.'s southern border.

  • November 29, 2021

    Capacitor Makers Owe $427M For Price-Fixing, Jury Told

    A California federal jury heard opening statements Monday in a sprawling antitrust suit by a certified class of about 1,800 companies alleging that three capacitor makers participated in a decadelong global conspiracy to fix prices on the electronic part, with counsel for the capacitor buyers arguing for $427 million in damages.  

  • November 29, 2021

    Lululemon, Peloton To Work Out Sportswear IP Fight In Court

    Athletic apparel maker Lululemon on Monday accused Peloton in California federal court of selling leggings and sports bras that infringe its patented designs, suing just days after the exercise equipment company filed its own suit in New York asking for a finding that it hadn't infringed any of Lululemon's patents.

  • November 29, 2021

    Ohio Ransomware Ruling Heightens 'Silent Cyber' Worries

    An Ohio appeals court's recent split ruling in a ransomware case shocked insurance attorneys, with some saying the decision contradicts hundreds of recent COVID-19 coverage decisions and could pin so-called silent cyberinsurance risks on unsuspecting insurers.

  • November 29, 2021

    4 Amicus Briefs Filed In Restaurants' $50M Virus Suit Appeal

    Organizations representing restaurants, trial lawyers and insurance companies have asked to weigh in on a restaurant conglomerate's appeal of the dismissal of its $50 million COVID-19 coverage suit.

  • November 29, 2021

    Chancery Nixes New Doc Demands In McDonald's Exec Suit

    Citing court decisions that set basic principles and limits for stockholder pre-suit document demands, a Delaware vice chancellor on Monday rejected a McDonald's Corp. stockholder bid for a deeper probe into two top officers' alleged misconduct by delving into the company's books and records.

  • November 29, 2021

    United Micro To Pay Micron In Tech Theft Suit Settlement

    Taiwan-based United Microelectronics Corp. has agreed to pay rival Micron Technology Inc. an undisclosed sum to end the latter's allegations that UMC stole trade secrets purportedly covering technology that China's State Council had previously identified as a "national economic priority."

  • November 29, 2021

    Facebook Shareholder Can't Appeal Chancery Court Stay

    An individual Facebook shareholder whose derivative lawsuit was stayed by Delaware's Chancery Court while a similar class action over the Cambridge Analytica scandal moved ahead may not appeal the stay to Delaware's Supreme Court.

  • November 29, 2021

    5th Circ. Asked To Rethink SEC Win In Test Of Liu Decision

    A trio of men accused of selling unregistered securities has asked the full Fifth Circuit to review a panel's October opinion affirming a $2.4 million disgorgement award in favor of the U.S. Securities and Exchange Commission, arguing the panel misapplied new U.S. Supreme Court precedent.

  • November 29, 2021

    WTO Dispute Roundup: Procurement, Steel Litigants Dig In

    In Law360's latest glimpse of the World Trade Organization's Dispute Settlement Body, defensive parties stall panel arrangements in fights over procurement policies and steel duties, while the U.S. continues to block Appellate Body appointments.

  • November 29, 2021

    Epic Fights Apple's Bid To Pause App Store Order

    Epic Games has urged the Ninth Circuit to let app developers steer users to payment methods outside of Apple's system until the court resolves the tech giant's appeal of a court order requiring it to allow alternative transaction routes.

  • November 29, 2021

    SEC Issues Guidance On 'Spring-Loaded' Executive Comp

    The U.S. Securities and Exchange Commission on Monday issued new guidance on how public companies should properly disclose share-based compensation made to executives ahead of earnings announcements.

  • November 29, 2021

    Restaurateur Seeks New Trial Over Denied COVID Coverage

    The operator of nine Midwest restaurants is seeking a new trial on whether Cincinnati Insurance breached its property policy in denying coverage for business losses caused by the COVID-19 pandemic, telling a Missouri federal court that the jury was improperly instructed.

  • November 29, 2021

    Icahn Seeks TRO In Del. For Southwest Gas Stock Sale Plan

    Interests of activist investor Carl Icahn sued Monday for a Delaware Chancery Court order blocking Southwest Gas Holdings Inc.'s alleged effort to sell $1 billion of stock to allies of its incumbent leadership amid battling over Icahn's $4.4 billion hostile takeover offer.

  • November 24, 2021

    Cargill Wants Insurer To Cover $44M Worker Kickback Losses

    Cargill Inc. on Wednesday asked a Minnesota federal court to order its insurer to cover the $44.7 million loss the company said was the result of a bribery and kickback scheme involving former employees, claiming that the loss is covered under its commercial crime policy.

  • November 24, 2021

    3 Key Details To Watch As Congress Mulls Breach Report Law

    Congress is on the verge of passing legislation requiring certain companies to disclose cyberattacks and ransomware payouts, but unresolved details, such as the deadline for reporting incidents, bear watching as lawmakers bid to pass a bill before the end of the year.

  • November 24, 2021

    Mattel, Investors Cut $98M Deal To End Tax Misstatement Row

    A class of investors accusing Mattel and PwC of misleading them by making a $109 million income tax expense understatement and conspiring to conceal the error urged a California federal judge Wednesday to grant preliminary approval of a $98 million settlement deal.

  • November 24, 2021

    Turkeys, Corn, Fire: Insurance Suits For This Thanksgiving

    Thanksgiving is a time of reflection on what one is grateful for, and for those with insurance policies, that might include coverage for the risks associated with the holiday. Here, Law360 takes a look at some lawsuits between policyholders and insurers from years past that involve Thanksgiving.

  • November 24, 2021

    New TCPA Battleground Emerges Over Minors' Consent

    A lawsuit in California federal court has brought to the forefront the issue of whether minors can provide valid consent for companies to call or text their cellphones, opening a fresh potential avenue of liability for businesses that both knowingly and mistakenly interact with children. 

  • November 24, 2021

    Plaid's $58 Million Privacy Deal Gets Early Sign-Off

    A $58 million deal settling claims that fintech company Plaid Inc. unlawfully accessed app users' personal banking data without getting consent is a "fair and adequate compromise" given the uncertainty of consumers winning at trial, a California judge said.

  • November 24, 2021

    Justices Face Sticky Question In New Tariff Authority Fight

    The U.S. Supreme Court has declined to examine the limits of the president's national security tariff power in recent years, but a new petition drawing interest from the trade bar frames its question in a way that the justices may not be able to ignore.

  • November 24, 2021

    Surgical Robot Co. Must Face Instruments Antitrust Claims

    Medical robot maker Intuitive Surgical cannot walk away from claims that it's tripped over antitrust laws by making it nearly impossible for other companies to repair or refurbish instruments its robots use during surgeries, a California federal court declared Tuesday.

  • November 24, 2021

    Chancery Tosses Wayfair Stockholders' $535M Note Sale Suit

    Delaware's Chancery Court has dismissed a derivative class action from Wayfair Inc. stockholders over a $535 million convertible note sale from last year, finding that they failed to prove it would have been futile to bring their demands to the company's board first before filing the suit.

  • November 24, 2021

    US Blacklists 27 Companies Over Security Threats

    The U.S. Department of Commerce on Wednesday announced new sanctions against 27 companies and researchers with ties to China and Pakistan's militaries after the government determined that their activities ran counter to U.S. national security and foreign policy interests.

Expert Analysis

  • Ad Rulings Offer Tips For Cos. To Avoid 'Greenwashing'

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    BBB National Programs' Laura Brett, who oversees the National Advertising Division, reviews recent NAD decisions that address green claims in advertising and that provide useful guidance for businesses seeking to avoid overstating the environmental benefits of their products and services.

  • Best Practices In Preparation For FCPA Enforcement Surge

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    As the U.S. Department of Justice enhances its ability to detect and prosecute Foreign Corrupt Practices Act violations, companies should evaluate and improve their risk assessment methodologies, anti-corruption policies and other compliance tools to help mitigate the consequences of alleged wrongdoing, says Norman Harrison at Kroll.

  • Series

    Confronting Origination Credit: Self-Advocacy Tips For Attys

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    Female lawyers and lawyers of color have historically not been privy to the rules of the origination credit game, but they can employ various strategies to increase the chances of receiving the credit they are due, such as enlisting allies for support and tracking inequity patterns, says Marianne Trost at The Women Lawyers Coach.

  • As Climate Litigation Heats Up, More Cos. Face Liability Risk

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    The number, pace and sophistication of climate change-related suits are steadily increasing, both in the U.S. and abroad, and while plaintiffs face substantial hurdles under existing law and evidentiary burdens, liability risks to industry, and the scope of potential defendants, are also growing, say attorneys at Pillsbury.

  • A Real-World Guide To Staying Discovery In Federal Court

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    Pleas for stay of discovery under the Federal Rules of Civil Procedure are often rejected when motions to dismiss are pending due to a tenacious tangle of case law, imposing financial and administrative burdens on parties, but some unambiguous rules of thumb can be gleaned to maximize the chances of a discovery stay, says Amir Shachmurove at Reed Smith.

  • SEC Warning To Crypto Attys Harkens To Prior Crackdowns

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    U.S. Securities and Exchange Commission Chair Gary Gensler recently admonished fintech lawyers who help clients circumvent federal securities laws, which is a throwback to similar warnings to attorneys during the 2018 initial coin offering bonanza and 1990 savings and loan crisis, suggesting those who control access to crypto investors may face increased scrutiny, says cybersecurity consultant John Reed Stark.

  • Takeaways And Next Steps After FSOC's Climate Risk Report

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    Attorneys at K&L Gates highlight three key conclusions as well as near-term next moves for stakeholders to watch following the Financial Stability Oversight Council's recent report on climate-related financial risk, noting that its progress and gaps will be critical to understanding federal financial regulators' approach to future policies.

  • A Software Primer For Attorneys After Cyber Executive Order

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    President Joe Biden's executive order to improve the nation's cybersecurity has set in motion a number of prospective changes for the software community that will require lawyers to become better versed in secure software development issues and best practices for related due diligence, say Alan Charles Raul and Stephen McInerney at Sidley.

  • 3 Cases Could Influence Electric Vehicle SPAC Litigation

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    Several ongoing lawsuits concerning electric vehicle special purpose acquisition companies could eventually map out liability standards for forward-looking statements on issues such as green energy projections, say attorneys at Quinn Emanuel.

  • How DOJ May Beat The White Collar Fraud Clock Post-COVID

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    The U.S. Department of Justice will likely employ creative strategies to try to sidestep the five-year statute of limitations in certain complex white collar matters following widespread delays due to the pandemic, but each method comes with nuances and weaknesses that may allow appropriate challenges from defense counsel, say Michael Harwin at Stearns Weaver and David Chaiken at ChaikenLaw.

  • 5 Critical Steps For Ensuring ESG Transparency

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    According to Michael Yachnik and Jonny Frank at StoneTurn, there are several steps counsel should take to ensure their companies and clients meet investor expectations for reporting environmental, social and corporate governance responsibilities and other nonfinancial metrics.

  • Mass. Data Privacy Bill Would Increase Litigation Risks

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    A recently proposed Massachusetts bill could reshape how businesses interact with state consumers and employees, increase the cost and complexity of privacy design and compliance, and expose companies to new and significant enforcement and litigation risks, say Melanie Conroy and Peter Guffin at Pierce Atwood.

  • CMS Vaccine Rules Could Create FCA Risks For Cos.

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    The Centers for Medicare & Medicaid Services' interim final rule requiring COVID-19 vaccinations for participating health care providers creates a potential for not only direct enforcement but also qui tam lawsuits, though certain best practices can reduce the chance of litigation, say attorneys at Ropes & Gray.

  • How DOD's Climate Focus Will Affect Gov't Procurement

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    Attorneys at Arnold & Porter discuss effects of the Biden administration’s climate change policies on U.S. Department of Defense procurement, why government contractors should comment on related changes to the Federal Acquisition Regulation while they can, and risks and opportunities to watch for now that these policies are likely here to stay.

  • Heed These Rules, Or Risk Your Argument On Appeal

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    Failing to meet the scattered requirements for appellate preservation can have dire consequences, so litigants must understand the relevant briefing rules, the differences between waiver and forfeiture, and the four components of a pressed argument in order to get their case fully considered on appeal and avoid sanctions or dismissal, says Michael Soyfer at Quinn Emanuel.

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