Corporate

  • April 12, 2024

    US, EU Antitrust Officials Agree On Much, Not Sustainability

    The leaders of the U.S. and European antitrust agencies said Friday their views are broadly aligned on many competition policy issues, though they also outlined opposing approaches to companies that want to collaborate on sustainability projects.

  • April 12, 2024

    Sports Co.'s Logistics Shutdown Suit Survives Dismissal Bid

    A Washington federal judge has partially rejected a logistics company's dismissal bid in a manufacturer's lawsuit over a cyberattack that allegedly stunted operations, criticizing the "obtuse" argument that their deal didn't explicitly require the contractor to shield the client from such breaches.  

  • April 12, 2024

    Chamber Defends SEC Climate Regs From Enviros' Challenge

    The U.S. Chamber of Commerce wants to help defend the U.S. Securities and Exchange Commission against legal challenges environmental groups have brought over its climate disclosure regulations, even after the business group sued the regulator in March to have the rules nixed.

  • April 12, 2024

    'Much More Is Coming': Experts See Wave Of AI-Related Suits

    Legal experts speaking Friday at the University of California, Berkeley School of Law's symposium on artificial intelligence and evidence in civil litigation warned that broadening usage and increased regulation will lead to a wave of litigation over the technology, leaving courts to analyze the "black box" of corporate AI algorithms to determine liability.

  • April 12, 2024

    Epic Wants Google Play Store Reforms After Antitrust Verdict

    Following Epic Games' jury win on antitrust claims related to the Google Play Store and Android apps, the "Fortnite" maker has asked a California federal judge to force Google to allow consumers to download apps from wherever they want and bar the tech giant from restricting in-app purchase options.

  • April 12, 2024

    Employment Authority: What To Know About Abortion Bans

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on what employers should consider in light of recent state supreme court decisions that backed strict abortion bans, a review of the U.S. Department of Justice's federal supremacy argument in an immigrant detainee wages case, and a glimpse at the D.C. Circuit's ruling that vacated a National Labor Relations Board decision over the lawfulness of workplace monitoring.

  • April 12, 2024

    Ex-Biotech CEO Gets 7 Years In Fake COVID Test Case

    A former biotech CEO accused of defrauding investors by touting a phony rapid finger-prick COVID test was sentenced to seven years in prison in D.C. federal court Friday.

  • April 12, 2024

    Petition Watch: Judge DQs, 'Excessive' Damages & Price Wars

    A former al-Qaida member has asked the U.S. Supreme Court to clarify disqualification protocol for judges overseeing a case related to their prior work as a government attorney, and energy drink manufacturers want the court to develop a modern-day test to determine if companies qualify as price-discrimination competitors. Here's four high court petitions filed recently that you might've missed.

  • April 12, 2024

    Hedge Fund Fires Back At Hotel REIT With Proxy Contest Suit

    Blackwells Capital LLC has fired back at Braemar Hotels & Resorts Inc. with a lawsuit against the hotel REIT and its board chair Monty Bennett, seeking a green light to move forward with a campaign to place its own candidates on the company's board.

  • April 12, 2024

    Space Force Opportunities Come With Uncertainties For Cos.

    The U.S. Space Force's new plan to rely more on the private sector offers growth opportunities for the commercial aerospace industry, but experts say businesses should be wary of budgetary constraints and regulatory uncertainties.

  • April 12, 2024

    Ocean Energy Co. Thwarting Shareholder Vote, Investor Says

    An investor that has been trying for nearly a year to nominate an alternative slate of directors for the board of an offshore renewable energy company sued in Delaware's Court of Chancery late Thursday, alleging the company and its management have been scheming to prevent a fair stockholder vote.

  • April 12, 2024

    Tyco Reaches $750M PFAS Deal In Foam Co. MDL

    Johnson Controls International PLC subsidiary Tyco Fire Products LP on Friday agreed to pay $750 million to settle public water systems' federal claims that some "forever chemicals" they detected in their supplies came from firefighting foam it made.

  • April 12, 2024

    FTC Taking Deeper Look At $35B Synopsys-Ansys Merger

    The Federal Trade Commission is opening an in-depth review of Synopsys' $35 billion acquisition of fellow software company Ansys, with Synopsys telling investors that the agency had issued a "second request" for information from both companies.

  • April 12, 2024

    Live Nation Sued Over Shooting Deaths At Wash. Concert

    Live Nation is liable for the shooting deaths of two women at a Gorge Amphitheatre concert in Washington last summer, according to a complaint filed Thursday accusing the event promoter and security firms of allowing the shooting suspect to bring a handgun into the event campground.

  • April 12, 2024

    Capital Recruiter Awarded $7.8M In Back Fees In Breach Suit

    An Atlanta-area capital recruiting firm is owed more than $7.8 million in lost commissions from a former financial technology client that violated its agreement to pay the recruiter to connect it with investors, according to a verdict from a Georgia federal jury.

  • April 12, 2024

    Hytera Says It'll Be A 'Shell' If 7th Circ. Doesn't End Sanctions

    China-based Hytera Communications has again asked the Seventh Circuit to pause a daily $1 million fine, worldwide product sales ban and other "crushing" sanctions an Illinois federal judge imposed for continuing a Chinese intellectual property suit against her orders, saying it will otherwise become "an empty corporate shell."

  • April 12, 2024

    IoT Co. Execs Sued Over Projected Revenue Shortfall

    Executives and directors of Internet of Things services company Lantronix Inc. have been hit with a shareholder derivative suit accusing them of misleading investors about its revenue prospects for nearly a year.

  • April 12, 2024

    DOJ Must Cut Through Political Noise In US Steel Probe

    The U.S. Department of Justice has its work cut out for it as it conducts a probe of Nippon Steel's planned $14.9 billion takeover of U.S. Steel, a potentially drawn out process that experts say will test the antitrust division's ability to remain objective in the face of immense pressure from President Biden, an influential union, and a concurrent CFIUS review. 

  • April 12, 2024

    Trade Groups Urge Senators To Advance Patent Reform Bills

    Groups representing inventors, startups and medical technology companies are putting pressure on U.S. senators to pass bills that would prospectively limit the ability of courts to throw out patent lawsuits, a month after tech industry groups argued the legislation would trigger an onslaught of patent litigation.

  • April 12, 2024

    Bimbo Beats False Ad Suit Over 'All Butter' Entenmann's Cake

    Bimbo Bakeries defeated a proposed class action alleging its Entenmann's brand "All Butter" loaf cake is misleading to customers since the butter taste is partially sourced from artificial vanillin, after a Maryland federal judge said Friday the claims are preempted by the U.S. Food Drug and Cosmetic Act.

  • April 12, 2024

    US Steel Stockholders Greenlight $14.9B Sale To Nippon

    U.S. Steel said Friday that its shareholders have "overwhelmingly" approved the American steel company's nearly $15 billion takeover by Japan's Nippon Steel, a positive development in a deal that's otherwise received a high degree of political and regulatory scrutiny. 

  • April 12, 2024

    Up Next At High Court: Jan. 6, Gratuities & Ineffective Attys

    The U.S. Supreme Court will return Monday for the term's last two weeks of oral arguments, during which it will consider whether the U.S. Department of Justice can use the Sarbanes-Oxley Act to prosecute defendants accused of storming the U.S. Capitol on Jan. 6, 2021, and the correct standard courts should apply when reviewing malicious prosecution claims.

  • April 12, 2024

    NY Court System Launches Panel To Study AI Risks, Rewards

    New York's state court system has announced a new statewide advisory panel to study how the potential implementation of artificial intelligence could improve justice in the Empire State, as well as ways to avoid ethical risks posed by the new technology.

  • April 12, 2024

    Trump Media Attys Flag Co-Founders' Del. Suit Expansion

    Attorneys for Trump Media & Technology Group and its insiders have objected to what they say is an attempt by two co-founders to secure fast-tracking of an expanded but still-sealed Chancery Court lawsuit initially focused on share-dilution claims against company insiders.

  • April 12, 2024

    The Week In Trump: Catch Up On The Ex-President's Cases

    Donald Trump and his legal team proved that they are nothing if not persistent as they repeatedly tried — and failed — to hit the brakes on the former president's porn star hush money trial in Manhattan.

Expert Analysis

  • An Overview Of Key Financing Documents In Venture Capital

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    The Delaware Chancery Court’s recent Moelis decision highlights the importance of structuring corporate governance around investor demand, meaning early-stage companies seeking venture funding through sales of preferred stock should understand the legal documents needed to do so successfully, say Daniel Bell-Garcia and Tristan Kaisharis at Winstead.

  • Ready Or Not, Big Tech Should Expect CFPB Surveillance

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    In light of the Consumer Financial Protection Bureau's proposed plan to supervise large companies providing the vast majority of digital money transfers, not only will Big Tech have to prepare for regulation previously reserved for traditional banks, but the CFPB will also likely face some difficult decisions and obstacles, says Meredith Osborn at Arnold & Porter.

  • Series

    Spray Painting Makes Me A Better Lawyer

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    My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.

  • DOJ's Safe Harbor Policy May Quietly Favor M&A Enforcement

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    In a change that has received little attention, the U.S. Justice Department's recently codified safe harbor policy essentially reads the Antitrust Division's criminal enforcement out of the policy entirely, and now appears to favor merger enforcement in antitrust, rather than criminal enforcement, as originally intended, say Daniel Oakes and James Attridge at Axinn.

  • Examining The Arbitration Clause Landscape Amid Risks

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    Amid a new wave of mass arbitrations, recent developments in the courts and from the American Arbitration Association suggest that companies should improve arbitration clause drafting to protect themselves against big-ticket settlements and avoid major potential liability, say attorneys at Benesch.

  • Takeaways From The 2023 DOJ Fraud Section Report

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    Attorneys at Wiley discuss notable trends from the U.S. Department of Justice's recently reported Fraud Section activity last year and highlight areas of enforcement to watch for in the future, including healthcare fraud and Foreign Corrupt Practices Act violations.

  • 2nd Circ. Baby Food Ruling Disregards FDA's Expertise

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    The Second Circuit's recent decision in White v. Beech-Nut Nutrition, refusing to defer litigation over heavy metals in baby food until the U.S. Food and Drug Administration weighs in on the issue, provides no indication that courts will resolve the issue with greater efficiency than the FDA, say attorneys at Phillips Lytle.

  • Past CCPA Enforcement Sets Path For Compliance Efforts

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    The California Privacy Protection Agency and the California Attorney General's Office haven't skipped a beat in investigating potential noncompliance with the California Consumer Privacy Act, and six broad issues will continue to dominate the enforcement landscape and inform compliance strategy, say attorneys at Reed Smith.

  • Where 9th Circ. Lowe's Ruling Leaves PAGA Jurisprudence

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    Leah Kennedy and Carolyn Wheeler at Katz Banks discuss the legal landscape and controlling precedent around the Private Attorneys General Act that led to the Ninth Circuit's Johnson v. Lowe's decision last month on individual PAGA wage claims, and explore the open questions that it leaves.

  • Why Oncology Deal Making Continues To Fuel Biotech M&A

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    The biotech sector's potential for advancements in cancer care continues to attract deal-maker interest, and the keys to successful mergers and acquisitions include the ability to integrate innovative therapies, leverage technological advancements and respond to the dynamic needs of patients, say Bryan Luchs and Mike Weir at White & Case.

  • 5 Issues To Consider When Liquidating Through An ABC

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    Assignments for the benefit of creditors continue to grow in popularity as a tool for an orderly wind-down, and companies should be considering a number of issues before effectuating the assignment, including in which state it should occur, obtaining tail coverage and preparing a board creditor mailing list, says Evelyn Meltzer at Troutman Pepper.

  • Opinion

    Judicial Independence Is Imperative This Election Year

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    As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.

  • Legal Issues When Training AI On Previously Collected Data

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    Following the Federal Trade Commission's recent guidance about the use of customer data to train artificial intelligence models, companies should carefully think through their terms of service and privacy policies and be cautious when changing them to permit new uses of previously collected data, says James Gatto at Sheppard Mullin.

  • Document Retention Best Practices To Lower Litigation Risks

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    As new technologies emerge and terabytes of data can be within the purview of a single discovery request, businesses small and large should take four document management steps to effectively minimize risks of litigation and discovery sanctions long before litigation ensues, says Kimbrilee Weber at Norris McLaughlin.

  • Series

    Riding My Peloton Bike Makes Me A Better Lawyer

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    Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.

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