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TOP NEWS POLICY & REGULATION REAL ESTATE & DEVELOPMENT ENFORCEMENT DEALS PEOPLE OCC Defends Valid-When-Made Rule In State AGs' Suit The Office of the Comptroller of the Currency has urged a California federal court to reject an effort by California and two other states to block the agency's valid-when-made rule, arguing the rule was well within bounds as an attempt to mitigate legal uncertainty surrounding interest rate transferability.
9th Circ. Judge Doubts Insurer's SLAPP Sinking Tower Fight A Ninth Circuit judge appeared skeptical Friday of a New Jersey insurance company's efforts to toss under California's anti-SLAPP law an engineering firm's bad faith counterclaim in litigation over San Francisco's notorious sinking Millennium Tower, asking the insurer, "Why didn't you just fight the thing on the merits?" Analysis NY, FTC Lead Charge To Expand Biometric Privacy Shields New York lawmakers and the Federal Trade Commission are the latest to step up pressure on companies to be upfront with consumers about the use of their biometric data, signaling that more laws and regulatory scrutiny are expected for the increasingly popular technology, attorneys say.
Blue States Challenge EPA Aircraft GHG Emissions Standards The U.S. Environmental Protection Agency's new gas emissions standards for aircraft won't actually result in new reductions, said 12 attorneys general from California, Illinois, Pennsylvania, New York, and other Democrat-led states plus the District of Columbia in announcing a D.C. Circuit challenge Friday.
SkyWest Says Fed. Law Negates Flight Attendants' Wage Suit SkyWest Airlines has asked a California federal judge to scrap a proposed class action from flight attendants who claim they weren't paid for all hours they worked and weren't provided with Golden State-mandated meal and rest breaks, saying federal regulations governing the airline industry preempt their claims.
Virus Didn't Compromise ComEd Grand Jury, Feds Say Illinois federal prosecutors slammed a bid by former Commonwealth Edison Co. executives and lobbyists to access grand jury selection materials in their bribery case, arguing the request is based on the "mistaken conjecture" that additional jurors were improperly selected during the coronavirus pandemic.
Investors Say Grubhub Stock Claims Not 'Fraud By Hindsight' Grubhub investors urged an Illinois federal judge Friday not to toss out their securities fraud suit claiming the company lied about its ability to attract high-quality diners, arguing their complaint lays out a legal theory "far from 'fraud by hindsight.'"
7th Circ. Backs VA In Denying Ex-Nurse's Disability Bias Suit The Seventh Circuit backed the U.S. Department of Veterans Affairs in a fired nurse's disability bias suit, finding she couldn't do the essential duties of her job at a VA hospital and refused to cooperate when the agency offered to reassign her.
Video Tech Co. Founder Charged In Pump-And-Dump Scheme The founder of a Silicon Valley video streaming service and an investment manager have been indicted for allegedly orchestrating a pump-and-dump stock fraud scheme, Illinois federal prosecutors announced Friday.
7th Circ. Wary Of Blocking Wis. Mandatory Bar Membership A Seventh Circuit judge on Friday appeared skeptical of a Wisconsin attorney's arguments that mandatory state bar membership for attorneys is barred under the U.S. Supreme Court's landmark Janus ruling, which blocked mandatory union membership and dues, saying they're "not perfect equivalents." Finance Co. Asks 7th Circ. To Revive Suit Against Ex-Counsel The Seventh Circuit on Friday seemed skeptical of a commercial financing company's argument that a lower court should not have dismissed its claim that former legal counsel gave self-serving advice that led to penalties against the company's founder. Porn Co. Malibu Hit With Atty Fees After Failed Copyright Suit A federal judge is ordering porn studio Malibu Media to repay the legal bills of one of the thousands of internet users it has sued for copyright infringement, at one point wondering if the company leverages "ridicule and embarrassment" to win settlements.
Ill. Case Sheds Light On Cross-State Anti-SLAPP Conflicts An Illinois state appeals court's recent decision in Basile v. Prometheus Global Media calls attention to the unique jurisdictional challenges that arise when opposing parties invoke anti-SLAPP statutes from different states in the course of litigation, says Phillip Zisook at Schoenberg Finkel. 4 Legal Industry Trends Litigation Financiers Are Watching Some recent litigation developments demonstrate efforts by law firms and their clients to search for opportunities in the COVID-19 economic fallout, while others — such as the rise of contingency fee arrangements — reflect acceleration of tendencies that were already underway, says William Weisman at Therium Capital. Up Next At High Court: Media Diversity And Climate Suits The U.S. Supreme Court has a light workload in the week ahead, due in part to the chief justice's duty to administer President-elect Joe Biden's oath of office Wednesday. But the court will hear a pair of cases, both on Tuesday, about diversity in media ownership and where to file climate change lawsuits. Biden COVID-19 Team Taps Veteran Public Health Law Prof The incoming Biden administration has picked a veteran public health lawyer who teaches at Yale's law and medical schools as special counsel for its COVID-19 response team, the transition team announced Friday. Safety Fears Over Inauguration Spur Courthouse Closures Safety concerns have led federal courthouses in various jurisdictions to announce they will be limiting operations or closing ahead of the inauguration of President-elect Joe Biden. 'Reorganizing' Norton Rose Axes 132 Jobs In Europe, Asia Norton Rose Fulbright has slashed 132 jobs across Europe, the Middle East and Asia in what it called a reorganization into a "more efficient structure," with the bulk of the layoffs hitting its London office, the firm confirmed Friday. Boies Schiller Calif. Leader Accused Of Domestic Violence Joshua Schiller, an administrative partner of Boies Schiller Flexner LLP's West Coast operation and son of firm co-founder Jonathan Schiller, was arrested Thursday on a domestic violence charge in Ross, California, police confirmed Friday. Wells Fargo Ex-GC Fined $3.5M In OCC Settlement The Office of the Comptroller of the Currency said Friday it has fined Wells Fargo's former general counsel $3.5 million as part of a settlement resolving the agency's claims against him over his alleged role in the banking giant's sales practices scandal. LA Courts Criticized For COVID-19 Policies, Interpreter's Death The nonprofit Court Watch Los Angeles on Friday said Los Angeles Superior Court's lax COVID-19 safety protocols led to an interpreter dying from the virus, alleging his death is the result of "incoherent" COVID-19 policies that punish employees for attempting to quarantine after a possible exposure. Pandemic Again Delays Fired King & Spalding Atty's Trial King & Spalding LLP and a lawyer who said he was unlawfully fired for raising ethics concerns will have to wait until at least June to square off at trial, after concerns about the COVID-19 pandemic led a New York federal judge to scuttle plans to push forward in April. After 40 Years, NYC Mob Atty McMahon Still Won't Back Down For 40-odd years, Gerald McMahon has represented Mafiosi, crooked cops and drug kingpins, securing an enviable record of acquittals in the process. Law360 Pulse looks back at the career of one of New York City's most dogged criminal defense attorneys. Jones Walker Reelects Longtime Managing Partner Jones Walker LLP has reelected its longtime managing partner to another five-year term, reelected two members to its board of directors and promoted eight attorneys to partners in Miami, Houston, Atlanta and other offices. GC Cheat Sheet: The Hottest Corporate News Of The Week Microsoft's general counsel said the company's diversity bonus program for its outside law firms has shown significant results, and the EEOC said noncitizen overseas workers don't have to be counted as employees for age bias disclosures. These are some of the stories in corporate legal news you may have missed in the past week. In Case You Missed It: Hottest Firms And Stories On Law360 For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week. Podcast Law360's Pro Say: The Legal Fallout From The Capitol Attack It's been just over a week since a violent mob of Trump supporters stormed the U.S. Capitol, and the legal consequences of the attack are rapidly unfolding. Ga. Criminal Defense Atty At Capitol Riots Charged, Detained A criminal defense attorney from Georgia who was reportedly among the supporters of President Donald Trump who stormed the U.S. Capitol earlier this month, was arrested and hit with charges in federal court Friday, according to court records.
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