Corporate

  • November 28, 2023

    RTX Shareholder Moves Jet Engine Stock Feud To Del.

    An RTX Corp. stockholder has agreed to move from Connecticut to Delaware a proposed federal derivative suit accusing the former Raytheon jet engine-maker of failing to disclose reliability and fuel economy problems with a mainstay line of turbofan engines, costing the company billions.

  • November 28, 2023

    SEC Adopts Dodd-Frank Era Securitization Conflicts Rule

    The U.S. Securities and Exchange Commission adopted a rule Monday that was 12 years in the making, fulfilling a post-financial crisis congressional mandate to address conflicts of interest in the asset-backed securities industry by prohibiting investment banks from betting against some of the products they sell.

  • November 28, 2023

    Mich. Justices Deny US Steel Hearing On Tax Refund Interest

    Michigan's high court said Tuesday that it won't consider an appeal by U.S. Steel on its claim for two years of interest on a state tax refund, letting stand an appeals court opinion on when the interest started accruing.

  • November 28, 2023

    Car Tech Biz Wants TM Verdict Against Ford Upped To $15M

    A California vehicle technology company that won a trademark and trade secrets verdict against Ford Motor Co. asked a Michigan federal judge on Tuesday to boost the award from less than half a million dollars to $15 million, arguing the verdict didn't account for all profits from the infringing activity. 

  • November 28, 2023

    United To 'Aggressively' Push For Low-Cost Flyers, Exec Says

    A United Airlines executive testified Tuesday in the government's challenge to JetBlue's $3.8 billion purchase of Spirit Airlines that his airline intends to "aggressively" compete for the most price-sensitive customers as it expands its fleet with bigger aircraft capable of offering more seats for its bare-bones, basic economy offering. 

  • November 28, 2023

    Law Firm Leaders Cautiously Optimistic Heading Into 2024

    Major U.S. law firms are steadfast in their commitment to the pursuit of further growth despite ongoing economic uncertainty. Here’s what the leaders of four Leaderboard firms have to say about how the legal industry is preparing for next year.

  • November 28, 2023

    The 2023 Law360 Pulse Leaderboard

    Check out the Law360 Pulse Leaderboard to see which first-in-class firms made the list this year.

  • November 28, 2023

    COVERAGE RECAP: Day 35 Of Trump's NY Civil Fraud Trial

    Law360 reporters are providing live coverage from the courthouse as former President Donald Trump goes on trial in the New York attorney general's civil fraud case. Here's a recap from day 35.

  • November 27, 2023

    Zuckerberg Rejected Mental Health Filter Policy, States Say

    Meta Platforms Inc. knows its platforms are used by millions of underage children and its CEO Mark Zuckerberg personally shot down a proposed policy to ban image filters found to be harmful to social media users' mental health, according to a newly unsealed version of states' lawsuit filed last week.

  • November 27, 2023

    3M, Other Cos. Beat 11 Million-Member PFAS Class At 6th Circ.

    The Sixth Circuit on Monday vacated a district court's order certifying a class of 11 million Ohio residents who claim 3M, Chemours and other companies put their health at risk by manufacturing and selling products with "forever chemicals," instructing the lower court to toss the "ambitious" case.

  • November 27, 2023

    Google's Android Monopoly Harms Users, Stanford Prof Says

    A Stanford economics professor took the stand Monday in Epic Games' antitrust suit over Google's Android app store, saying it holds a monopoly on the market for smartphone operating systems and uses anticompetitive tactics to stifle rivals, meaning smartphone users and developers "have suffered as a result."

  • November 27, 2023

    McDonald's Asks Justices To Review Workers' No-Poach Case

    McDonald's asked the U.S. Supreme Court on Monday to review the Seventh Circuit's revival of a proposed class action alleging the company's since-discontinued no-poach provisions in franchisee agreements violated antitrust laws.

  • November 27, 2023

    NY Adult Survivors Act Window Shuts, Airing Years Of Abuse

    While survivors of sexual abuse and their attorneys rushed last week to file otherwise time-barred lawsuits before the New York Adult Survivors Act's lookback window closed, attorneys are waiting to see if the law allows them to hold alleged assailants and enabling institutions to account.

  • November 27, 2023

    Target's 'Reef-Conscious' Sunscreen Is A Lie, Suit Alleges

    Target was hit with a proposed class action on Monday in Florida federal court accusing the retailer of selling sunscreen that is falsely labeled as containing a "reef-conscious formula" when it actually uses ingredients that are harmful to coral reef ecosystems.

  • November 27, 2023

    SEC's High Court Opponent Is A Supreme Court Newcomer

    The U.S. Securities and Exchange Commission on Wednesday will battle for the future of its administrative court with the help of a seasoned high court litigator, while the agency's challenger is placing his hopes on a loyal attorney who has yet to argue a case before the justices.

  • November 27, 2023

    Self-Driving Tech Co. Investors Sue Over Misused Image Claim

    Executives and directors of self-driving car company Luminar Technologies Inc. face a shareholder derivative complaint alleging they damaged investors after a competitor accused the company of using an image of its proprietary technology in a pitch to investors.

  • November 27, 2023

    FTX Investors Sue MLB, F1 Team Over Crypto Promotions

    A group of FTX investors launched three proposed class actions in Florida federal court Monday against Major League Baseball, Mercedes-Benz's Formula One racing team, and a global sports and media talent company over their previous involvement with and promotion of the now-defunct cryptocurrency exchange.

  • November 27, 2023

    Investors In Sensing-Tech Co. Sue In Del. To Block Share Sale

    Stockholders of sensing-tech company Aeva Technologies sued its directors and officers in Delaware's Court of Chancery on Monday for a preliminary injunction to block a potentially "massively" dilutive stock sale allegedly lined up without clear impact estimates.

  • November 27, 2023

    Ex-Papa John's Manager Resubmits $5M No-Poach Settlement

    A former Papa John's manager wants to assuage a Kentucky federal judge's concerns over a $5 million settlement resolving claims over "no poach" provisions in the pizza chain's franchise agreements, arguing it doesn't matter that the deal covers both managerial and non-managerial workers or that some of them signed arbitration agreements because all plaintiffs were harmed by a "uniform" wage policy and all are making the same claim with the same theory of damages.

  • November 27, 2023

    Regeneron False Claims Act Case Paused Amid Appeal

    A Massachusetts federal judge has pressed pause on a False Claims Act case against Regeneron while the First Circuit decides whether his interpretation of the law's causation standard or that of his colleague in the same courthouse is correct.

  • November 27, 2023

    Del. Vice Chancellor Calls Ex-AG Barr 'Doubly Wrong' On ESG

    Delaware Vice Chancellor J. Travis Laster has called out as "profoundly misguided" published comments by former U.S. Attorney General William P. Barr criticizing the state's top corporate law courts for "flirtation" with environmental, social and governance principles.

  • November 27, 2023

    Ex-JPMorgan Traders Want CFTC Spoofing Case Kept On Ice

    A convicted pair of former JPMorgan Chase precious metals traders have asked an Illinois federal judge to continue a stay on a parallel Commodity Futures Trading Commission action against them, arguing that the CFTC is trying to rush judgments before appeals on their criminal convictions can be heard.

  • November 27, 2023

    Food Co. Asks Justices To Weigh In On NLRB GC Firing Limits

    A food distributor has asked the U.S. Supreme Court to review a Fifth Circuit decision rejecting its argument that President Joe Biden could not fire the former National Labor Relations Board general counsel, arguing that the case could clarify the limits of removal protections for agency officers.

  • November 27, 2023

    SEC Can't Get More Time To Fix 'Defects' In Buyback Rules

    A panel of the Fifth Circuit has denied the U.S. Securities and Exchange Commission's bid for additional time to rework its share-repurchase rules, meaning the agency's new disclosure requirements will remain suspended unless regulators craft a solution by a Thursday deadline.

  • November 27, 2023

    RealPage, Landlords Say DOJ Wrong On Price-Fixing Claims

    RealPage and several landlords accused of using the company's software to fix residential rental rates across the country told a Tennessee federal court the U.S. Department of Justice is trying to improperly expand antitrust law with its statement of interest in the private case.

Expert Analysis

  • Chancery's 'Unfair Deal, Fair Price' Ruling Part Of A Trend

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    The Delaware Court of Chancery's recent decision in In re: Straight Path Communications is the latest in a line of recent post-trial rulings by the court that seem to prioritize a fair price in determining damage awards — even when a transaction has been clouded by an unfair process, say attorneys at V&E.

  • 5 Steps To Meet CFTC Remediation Expectations

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    After the U.S. Commodity Futures Trading Commission recently updated its enforcement policies, organizations should implement elements of effective remediation — from root-cause analyses to design effectiveness tests — to mitigate the risk of penalties and third-party oversight, say Jonny Frank and Chris Hoyle at StoneTurn Group.

  • Asserting 'Presence-Of-Counsel' Defense In Securities Trials

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    As illustrated by the fraud trial of FTX founder Sam Bankman-Fried, defense attorneys in securities trials might consider arguing that counsel had some involvement in the conduct at issue — if the more formal advice-of-counsel defense is unavailable and circumstances allow for a privilege waiver, say Joseph Dever and Matthew Elkin at Cozen O'Connor.

  • Series

    ESG Around The World: Mexico

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    ESG has yet to become part of the DNA of the Mexican business model, but huge strides are being made in that direction, as more stakeholders demand that companies adopt, at the least, a modicum of sustainability commitments and demonstrate how they will meet them, says Carlos Escoto at Galicia Abogados.

  • Key Takeaways From DOJ's Recent FARA Advisory Opinions

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    The U.S. Department of Justice recently published several redacted advisory opinions on the Foreign Agents Registration Act, clarifying its current thinking on when a person or entity is required to register as a foreign agent under the statute, and when they may qualify for an exemption, says Tessa Capeloto at Wiley Rein.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Taking Action On Interagency Climate Financial Risk Guidance

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    Recent joint guidance from the Federal Reserve, the Federal Deposit Insurance Corporation and the Office of the Comptroller of the Currency on climate-related financial risk management for large institutions makes it clear that banks should be proactive in assessing their risks and preparing for further regulation, says Douglas Thompson at Snell & Wilmer.

  • FTC Warning Letters Note 5 Mistakes For Influencers To Avoid

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    The Federal Trade Commission recently sent warning letters to two trade associations and 12 health influencers over their social media posts, offering insight into how the agency plans to enforce its updated endorsement guides and highlighting five concerns to keep in mind for marketing campaigns, says Gonzalo Mon at Kelley Drye.

  • What SEC Retreat In Ripple Case Means For Crypto Regulation

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    The U.S. Securities and Exchange Commission has chosen a regulation-by-enforcement approach to cryptocurrency policy rather than through rulemaking, but the agency's recently aborted enforcement action against two Ripple Labs executives for alleged securities law violations demonstrates the limits of this piecemeal tactic, says Keith Blackman at Bracewell.

  • Opinion

    A Telecom Attorney's Defense Of The Chevron Doctrine

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    The Chevron doctrine, which requires judicial deference to federal regulators, is under attack in two U.S. Supreme Court cases — and while most telecom attorneys likely agree that the Federal Communications Commission is guilty of overrelying on it, the problem is not the doctrine itself, says Carl Northrop at Telecommunications Law Professionals.

  • SEC Whistleblower Action Spotlights Risks For Private Cos.

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    The U.S. Securities and Exchange Commission’s recent whistleblower action against Monolith Resources holds important implications for private companies, who could face unprecedented regulatory scrutiny amid the agency's efforts to beef up environmental, social and governance reporting and enforcement, say attorneys at Wiley.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • Best Practices For Defense Tech Startup Financing

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    Navigating the expanding and highly regulated defense technology sector requires careful planning and execution, starting at incorporation, so startups should prepare for foreign investor issues, choose their funding wisely and manage their funds carefully, say attorneys at WilmerHale.

  • Questions Linger Over Texas Business Court's Jurisdiction

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    If parties to a case in Texas' new business court do not agree on whether the court has supplemental jurisdiction over their claims, then those claims may proceed concurrently in another court — creating significant challenges for litigants, and raising questions that have yet to be answered, says Ryan Sullivan at Reichman Jorgensen.

  • Cross-Market Implications In FTC's Anesthesia Complaint

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    The Federal Trade Commission's recent complaint against a private equity firm's acquisition of anesthesiology practices highlights the controversial issue of cross-market harm in health care provider mergers, and could provide important insights into how a court may view such theories of harm, say Christopher Lau and Dina Older Aguilar at Cornerstone Research.

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