Corporate

  • October 15, 2021

    3rd Circ. Nixes Injunction In Baking Co.'s Trade Secrets Suit​

    A Third Circuit panel considering Mallet & Co.'s trade secret suit against rival baking equipment maker Synova LLC reversed an order blocking Synova from making certain products and employing former Mallet workers, finding Friday that Mallet must identify the particular trade secrets Synova allegedly misappropriated and demonstrate that they're protected.

  • October 15, 2021

    Theranos' Test Demo Hid Failures From Investors, Jury Told

    A former Theranos senior project manager testified in ex-Theranos CEO Elizabeth Holmes' criminal fraud trial Friday that he gave potential investors tours of the startup's headquarters and helped set up demonstrations using Theranos' blood-testing devices, which were, on at least one occasion, programmed to shield protocol failures.

  • October 15, 2021

    Employment Authority: Wage Chief Delay & NLRB Complaints

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with a look at questions surrounding the confirmation delays for President Joe Biden's pick to head the Labor Department's Wage and Hour Division, how a recent NLRB complaint against a Los Angeles restaurant could be a sign of things to come in the agency's enforcement efforts, and how attorneys on both sides of the bar are criticizing a shift in confidentiality standards at the New York State Division of Human Rights.

  • October 15, 2021

    Ireland Shares Favorable Public Views On OECD Tax Overhaul

    Ireland's government shared public comments received as it was negotiating to join the global deal on revamping corporate taxation, showing industry groups, social justice advocates, auditing firms, banks, insurers and even two political parties had backed the push.

  • October 15, 2021

    DOJ Lands 1st Indictment Of Many Expected In 737 Max Probe

    The criminal indictment of The Boeing Co.'s former chief technical pilot for allegedly duping federal safety regulators during their review of the 737 Max is the first of what's likely to be many, as the U.S. Department of Justice vows to vigorously prosecute individuals undermining public safety.

  • October 15, 2021

    NPE Patent Cases Increase By 11% In 2021

    Patent litigation by nonpracticing entities continues to climb this year, with a new report estimating that these suits are up almost 11% compared with the same period last year, driven in part by disputes over automotive and mobile device patents.

  • October 15, 2021

    SEC Awards Total Of $40M To 2 Whistleblowers

    The U.S. Securities and Exchange Commission announced Friday that it had awarded a total of $40 million to a pair of whistleblowers who kick-started a successful enforcement action, despite the fact that one informant waited years to report the misconduct.

  • October 15, 2021

    USTR Wants Study On Trade's Effect On Marginalized Workers

    U.S. Trade Representative Katherine Tai called on the U.S. International Trade Commission to investigate trade policy's effects on workers, particularly those in underserved communities, her office announced Friday.

  • October 15, 2021

    Resistance To J&J's Bankruptcy Gambit May Be Futile

    Attorneys for talc plaintiffs with claims against Johnson & Johnson are determined to challenge the company's legally gray strategy of saddling a bankrupt subsidiary with its billions in talc liability, but experts say that battle will likely be an uphill one.

  • October 15, 2021

    DOL Plan Could Make ESG Retirement Investing Hip — Again

    A new U.S. Department of Labor proposal would rip down Trump-era barriers that discouraged ESG investing by employee retirement funds, but it may only be the latest volley in a fiery debate over whether such investments are economically relevant — and whether they benefit or harm investors.

  • October 15, 2021

    Chubb Beats Simon Wiesenthal Center In Virus Coverage Suit

    The Simon Wiesenthal Center, a human rights organization, lost its bid for coverage of its pandemic losses, after a California federal judge said the center failed to show that it sustained the type of insurable damage under its Chubb policy.

  • October 15, 2021

    Raymour & Flanigan Loses Bid For COVID-19 Coverage

    The furniture retail chain Raymour & Flanigan lost its bid for COVID-19 coverage after a New York state judge dismissed its suit against a group of insurers, finding that government orders, not the virus, caused the chain's losses.

  • October 15, 2021

    New DOJ Tip Line Targets Central American Corruption

    The U.S. Department of Justice on Friday unveiled a new tip line for reports of possible bribery and money laundering tied to El Salvador, Guatemala and Honduras, the latest in President Joe Biden's global anti-corruption push and related efforts to control migration.

  • October 15, 2021

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    It was a give-and-take week. A Michigan mortgage company claims to have accepted the nation's first cryptocurrency mortgage payment, and the U.S. Securities and Exchange Commission is re-proposing rules to claw back executive compensation. These are some stories in corporate legal news you may have missed in the past week.

  • October 15, 2021

    DuPont, Others Must Face NJ Water Co.'s Pollution Suit

    A New Jersey federal judge won't let Corteva Inc., DuPont de Nemours Inc. and others escape a suit from Suez Water New Jersey Inc. alleging they allowed per- and polyfluoroalkyl substances, or PFAS, into the state's waterways, saying the utility has sufficiently alleged injuries resulting from contamination.

  • October 14, 2021

    Ex-Boeing Chief Technical Pilot Indicted Over 737 Max Probe

    A Texas federal grand jury on Thursday indicted a former chief technical pilot for Boeing Co. on fraud charges, alleging he misled a Federal Aviation Administration evaluation of the 737 Max and withheld crucial information about the plane's flight controls.

  • October 14, 2021

    Holmes Prayed As WSJ Reporter Raised Doubts, Jury Told

    A California federal magistrate judge Thursday rejected ex-Theranos CEO Elizabeth Holmes' efforts to exclude ex-Wall Street Journal reporter and "Bad Blood" author John Carreyrou from watching her criminal fraud trial, while the jury viewed text messages showing she was "praying literally nonstop" as Carreyrou's investigation raised doubts about Theranos' technology.

  • October 14, 2021

    SEC Resurrects Proposed Rules For Clawing Back Exec Pay

    The U.S. Securities and Exchange Commission on Thursday reopened the comment period on proposed rules requiring executives at publicly traded companies to pay back certain bonuses and other incentive-based compensation in the event of an accounting restatement, regardless of whether they were at fault.

  • October 14, 2021

    Latest Ruling On PTAB Constitutionality Tees Up More Fights

    The lengthy string of challenges to the constitutionality of the Patent Trial and Appeal Board appears set to continue after a dissent by a Federal Circuit judge on Wednesday identified another potential flaw in the board that seems likely to spur more litigation, attorneys say.

  • October 14, 2021

    Dental Co. To Pay $63M To End Investors' Price-Fixing Suit

    Patterson Cos. Inc. has agreed to pay $63 million to end investors' class action in Minnesota federal court accusing the dental supply company of working with competitors to fix prices, according to the investors' unopposed bid for preliminary approval of the deal Thursday.

  • October 14, 2021

    Biden's 24/7 Plan To Unsnarl Supply Chain Not A Panacea

    The collective pledge by ports, railways and many private companies in the United States to operate 24/7 may remedy supply chain bottlenecks through the holidays, but experts warn that the agreement between the White House, labor unions and business isn't a panacea for worker shortages and logistical hurdles.

  • October 14, 2021

    9th Circ. Won't Revive Ex-HP Worker's No-Poach Claims

    The Ninth Circuit on Thursday refused to revive a laid-off HP Inc. worker's proposed class action alleging HP cut a "no-poach" deal with a 3D-printing rival that diminished employees' wages, a week after the panel questioned during oral arguments whether the plaintiff plausibly alleged such an agreement existed.

  • October 14, 2021

    Software Ex-CEO Entitled To $5.4M And Tesla, Ga. Court Rules

    The founder and former CEO of a software company is entitled to $5.4 million in employment incentive payments and a Tesla of his choosing under his employment contract, the Georgia Court of Appeals held Thursday.

  • October 14, 2021

    Texas Judge Wants Unions' Input On United Vaccine Mandate

    A Texas federal judge lamented Thursday the lack of union involvement in a dispute between United Airlines and a proposed class of employees challenging the airline's accommodations for workers exempted from its vaccine mandate for religious or medical reasons.

  • October 14, 2021

    Johnson & Johnson Puts Talc Spinoff Into Ch. 11

    Johnson & Johnson said Thursday that it has sought Chapter 11 protection in North Carolina bankruptcy court for LTL Management, the subsidiary it has newly spun off to hold its cosmetic talc liability.

Expert Analysis

  • What Attorneys Should Know About Blockchain Disputes

    Author Photo

    As blockchain companies on the product supply chain rapidly adopt new technologies, commercial counsel can prepare to assist blockchain clients and consumers in mitigating transactional disputes by becoming familiar with smart contract code, jurisdictional issues and new dispute resolution schemes, says Michael Hewitt at Sideman & Bancroft. 

  • Extension Of The HSR Waiting Period Increases Acquirer Risk

    Author Photo

    Attorneys at K&L Gates look at the Federal Trade Commission's recent extension of the merger-review waiting period under the Hart-Scott-Rodino Act, and its effect on pending transactions, broader public policy and the Biden-era M&A market.

  • 2nd Circ. ERISA Ruling Offers Lessons On Proof Of Loss

    Author Photo

    The Second Circuit’s recent decision in Sacerdote v. New York University, reviving several retirement plan fiduciary breach claims, illustrates why defendants must avoid terminology that conflates loss and damages, and why they should develop affirmative evidence to show plans were not harmed by alleged breaches, say Deanna Rice and Randall Edwards at O'Melveny & Myers.

  • 4 Antitrust Risk Areas To Watch For Government Contractors

    Author Photo

    To plan for the increased likelihood of detection and stiff penalties for antitrust violations following the anticipated passage of the Infrastructure Investment and Jobs Act, compliance efforts should focus on joint bidding, dual distribution, legal certifications, and hiring and compensation, say Andre Geverola and Lori Taubman at Arnold & Porter.

  • Girardi Scandal Provides Important Ethics Lessons

    Author Photo

    The litigation and media maelstrom following allegations that famed plaintiffs attorney Thomas Girardi and his law firm misappropriated clients' funds provides myriad ethics and professional responsibility lessons for practitioners, especially with regard to misconduct reporting and liability insurance, says Elizabeth Tuttle Newman at Frankfurt Kurnit.

  • Practical Implications Of Delaware's New Demand-Futility Test

    Author Photo

    In United Food and Commercial Workers Union v. Zuckerberg, the Delaware Supreme Court adopted a new universal test for assessing a board’s ability to independently assess a shareholder litigation demand, which may close off certain paths for plaintiffs who seek to plead demand futility, say Courtney Worcester and Roger Lane at Holland & Knight.

  • Series

    Embracing ESG: Jabil GC Talks Compliance Preparation

    Author Photo

    Tried-and-true compliance lessons from recent decades can be applied to companies’ environmental, social and governance efforts, especially with regard to employee training and consistent application of policies — two factors that can create a foundation for ESG criteria to flourish, says Robert Katz at Jabil.

  • Upshots Of Del. Holding On Appraisal Rights Waivers In M&A

    Author Photo

    The Delaware Supreme Court's recent Manti v. Authentix holding offers key takeaways clarifying the enforceability of the dual approach of appraisal waivers and drag-along rights, to keep common stockholders in check in a merger or stock sale, while also framing the contexts in which these waivers might not be enforceable, say attorneys at Troutman Pepper.

  • Corporate Boards' Role In Workplace Vaccine Mandates

    Author Photo

    Company boards may have a role to play in workplace COVID-19 vaccination mandates, given their duty to manage risks and the growing recognition of employees’ importance to the corporate mission — and effective oversight is key to ensuring a vaccine program doesn't introduce new issues, says Jen Rubin at Mintz.

  • Opinion

    Bankruptcy Venue Reform Bill Needs Amending

    Author Photo

    The Bankruptcy Venue Reform Act, currently pending in Congress, goes too far in limiting Chapter 11 filings to jurisdictions where a debtor's principal assets or headquarters are located; we propose a more targeted solution that considers the current reality of complex corporate structures, say Kenneth Rosen and Philip Gross at Lowenstein Sandler.

  • 3 Ways CLOs Can Drive ESG Efforts

    Author Photo

    Chief legal officers are specially trained to see the legal industry's flaws, and they can leverage that perspective to push their companies toward effective environmental, social and governance engagement, says Mark Chandler at Stanford Law School.

  • Opinion

    Why Congress Should Pass Whistleblower Protection Law

    Author Photo

    It’s crucial that lawmakers enact the Whistleblower Protection Reform Act — which remedies the Dodd-Frank Act’s weak safeguards for those who report federal securities law violations — to ensure courageous tipsters continue to step forward when they spot wrongdoing, say Jason Zuckerman and Matthew Stock at Zuckerman Law.

  • How Law Firms Can Rethink Offices In A Post-Pandemic World

    Author Photo

    Based on their own firm's experiences, Kami Quinn and Adam Farra at Gilbert discuss strategies and unique legal industry considerations for law firms planning hybrid models of remote and in-office work in a post-COVID marketplace.

  • What To Expect From SEC's Equity Market Recommendations

    Author Photo

    U.S. Securities and Exchange Commission Chair Gary Gensler’s recent comments offer clues as to how the agency's forthcoming report on equity market structure may address issues like payment for order flow, settlement cycle, market data and conflicts of interest, says Justin Chretien at Carlton Fields.

  • Opinion

    PTAB Revision Bill Offers US Makers Much-Needed Protection

    Author Photo

    A bipartisan Senate bill that would restore reliable access to patent validity review at the Patent Trial and Appeal Board, ensuring that rewards flow to innovators and protecting American manufacturers against the depredations of hedge funds, deserves Congress' support, says former USPTO acting director Joseph Matal, now at Haynes and Boone.

Want to publish in Law360?


Submit an idea
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!