Corporate

  • April 09, 2020

    Amazon Can't Arbitrate Kids' Alexa Privacy Battle

    A Seattle federal judge on Thursday shot down Amazon's bid to arbitrate suits brought by children alleging its Alexa voice-activated speakers violate state privacy laws, saying the children cannot be bound by the arbitration agreement in the conditions of use for a product their parents bought.

  • April 09, 2020

    COVID-19 Paid Leave Law May Leave Workers Out In The Cold

    Although Congress and the U.S. Department of Labor moved fast to put in place an emergency paid leave law designed to help workers weather the coronavirus pandemic, plaintiff-side lawyers say they adopted a flawed approach that falls short of giving people all the help they'll need. Here, in the second of a two-part series, worker advocates offer their take on the government's response to COVID-19.

  • April 09, 2020

    DOJ Asks FCC To Ban China Telecom, Citing National Security

    The Justice Department is spearheading a government effort to ban China Telecom from doing business in the U.S., citing an increased risk that the state-owned provider will be used for espionage as well as its track record of hiding information from a U.S. telecom security group.

  • April 09, 2020

    Antitrust Enforcers Lean Toward Flexibility Amid COVID-19

    Antitrust watchdogs around the world are making it clear that they’re OK with a limited amount of cooperation between companies in order to get much-needed products where they need to go amid the coronavirus pandemic.

  • April 09, 2020

    SEC Enforcement Expected To Surge On COVID Volatility

    Following the erratic stock market swings fueled by the COVID-19 crisis, attorneys expect a surge in U.S. Securities and Exchange Commission investigations tackling a broad range of potential violations, from outright fraud to disclosure issues.

  • April 09, 2020

    EU Seeks Further Expansion Of COVID-19 Aid

    The European Commission announced a proposal Thursday to enable member states to provide recapitalizations to companies severely affected by the COVID-19 pandemic, a move that would further expand the scope of the commission's temporary framework permitting aid to combat the novel coronavirus.

  • April 09, 2020

    Calif. Small Businesses Sue China For $8T Over COVID-19

    Two California real estate companies and some small business groups have filed a proposed federal class action against China on behalf of all American small businesses, seeking at least $8 trillion for what they say is the Chinese government's culpability in the COVID-19 pandemic.

  • April 09, 2020

    L.A. Mayor Signs Modified COVID-19 Paid Sick Leave Order

    Los Angeles has adopted a supplemental paid sick leave policy, providing workers at larger companies with time off for COVID-19-related issues in an attempt to cover workers who were not included under the federal paid sick leave legislation.

  • April 09, 2020

    Proxy Firm OKs Poison Pills, Bashes Buybacks In Pandemic

    Short-term poison pills may be a reasonable response to coronavirus-related stock drops, but companies should be extremely wary about share repurchases during the pandemic, Institutional Shareholder Services Inc. said in releasing its COVID-19 policies.

  • April 09, 2020

    Biz Group Wants Justices To Tackle NFL 'Sunday Ticket' Suit

    The U.S. Chamber of Commerce backed the NFL and DirecTV in their push for U.S. Supreme Court review of a Ninth Circuit ruling that revived an antitrust suit over "Sunday Ticket" games, saying it threatens to upend lawful joint ventures.

  • April 09, 2020

    9th Circ. Revives Wiretap Claims In Facebook Privacy Suit

    The Ninth Circuit ruled Thursday that Facebook users accusing the company of unlawfully tracking browsing histories could move forward with several wiretap and privacy claims, but that they had failed to allege the necessary elements for three other allegations.

  • April 09, 2020

    Billions More For Small Biz COVID-19 Relief Blocked In Senate

    Senate Democrats on Thursday blocked a Republican attempt to approve another $250 billion in forgivable loans to small businesses, seeking changes to the pandemic relief funding and demanding greater consultation across party lines with unemployment claims reaching 17 million over the past four weeks.

  • April 09, 2020

    NLRB's Top Cop Says Boeing Meddled In SC Plant Union Drive

    The National Labor Relations Board's general counsel on Thursday accused Boeing of firing pro-union workers in the runup to a closely watched election at a South Carolina facility, issuing a complaint that consolidated more than a dozen unfair labor practice charges against the aerospace giant.

  • April 09, 2020

    Federal Court Tosses Axon’s Challenge Of FTC Authority

    An Arizona federal court tossed a suit from police body camera and nonlethal weapon maker Axon Enterprise Inc. that challenged the Federal Trade Commission’s structure and merger review process as unconstitutional.

  • April 08, 2020

    7 Takeaways From Labor Dept.'s COVID-19 Paid Leave Rule

    The U.S. Department of Labor has moved quickly to implement new emergency paid sick leave laws, but the speed by which the new federal mandates were put in place may leave employers struggling to comply. Here, in the first of a two-part series, management-side attorneys highlight seven things businesses should know about the new legal landscape.

  • April 08, 2020

    Juno Awarded Over $1.1B In Final Judgment For IP Case

    A California federal judge on Wednesday entered final judgment awarding Juno Therapeutics and Sloan Kettering enhanced damages of over $389 million while boosting the total award to over $1.1 billion after a jury found that Kite Pharma willfully infringed a patent for a cancer immunotherapy.

  • April 08, 2020

    3 Key Developments As Coronavirus Cases Top 400K

    As the number of U.S. coronavirus cases exceeded 400,000 — with deaths approaching 15,000 — the White House held a 105-minute pandemic briefing, with guidance on essential workers exposed to infected people, optimism about flattening the curve and a push for $250 billion more for small businesses.

  • April 08, 2020

    Intel, Universities Support Freeing Up IP To Fight COVID-19

    The push to free up intellectual property to fight the COVID-19 pandemic has continued to expand, with Intel and Medtronic, key research universities and others offering up their IP, and as United Nations officials support putting the health emergency over patent rights.

  • April 08, 2020

    Owlcam Investors Say Amazon Aided Executives' Self-Dealing

    Executives at Owlcam shortchanged investors with help from Amazon in a scheme to sell the dashboard camera maker's intellectual property to the tech titan in exchange for a $1 million kickback and promises of future employment, according to a lawsuit in Delaware court.

  • April 08, 2020

    Ousted Factory CEO Urges Chancery To Open Path For Return

    Attorneys for Braidy Industries Inc. founder Craig T. Bouchard told Vice Chancellor Kathaleen S. McCormick during a teleconference proceeding that the company's directors flatly ignored a shareholder agreement allowing him to remove four other members of the board and reappoint a new majority, and instead improperly orchestrated his removal.

  • April 08, 2020

    Third-Party Funders' Business Is Booming During Pandemic

    The economic turmoil unleashed by the COVID-19 pandemic has left few businesses throughout the world untouched, but for arbitration and litigation funders, the past few weeks may mark the beginning of a boom.

  • April 08, 2020

    1st Circ. Backs NuVasive's Noncompete With Ex-Sales Rep

    The First Circuit said Wednesday that medical device company NuVasive can stop a former sales employee from working for a rival firm, upholding a lower court's preliminary injunction enforcing a nonsolicitation and noncompete agreement the worker signed.

  • April 08, 2020

    Comcast Can't Get Full 7th Circ. To Tank Antitrust Suit

    The full Seventh Circuit turned down Comcast Corp.'s request to consider squashing a $160 million antitrust suit that accuses the cable giant of monopolizing local ad sales, which a panel of the appellate court had allowed to move forward.

  • April 08, 2020

    Duolingo Taps Ex-Yahoo, VMware Atty As 1st General Counsel

    Language-learning company Duolingo said Wednesday it has hired as its first-ever general counsel a former Yahoo and VMware attorney.

  • April 08, 2020

    NLRB Pushes Back Union Election Revamp Due To Pandemic

    Because of the coronavirus pandemic, the National Labor Relations Board won't implement a new rule letting contested union votes go ahead and making it easier for workers to remove certain unions until July 31, the board said Wednesday, just more than a week after finalizing the rule for an early June rollout.

Expert Analysis

  • High Court Inaction Paves Way For Increasing FCA Dismissals

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    Monday’s U.S. Supreme Court denial of certiorari in U.S. v. JPMorgan Chase has implications for False Claims Act litigants because it maintains important precedent allowing the U.S. Department of Justice to dismiss whistleblower cases without being subject to probing judicial review, say Brandon Moss and Michelle Bradshaw at Wiley Rein.

  • Early Securities Class Actions Highlight COVID Litigation Risk

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    Securities class actions against Norwegian Cruise Lines and Inovio Pharmaceuticals in Florida and Pennsylvania federal courts underscore the precautions companies should consider when evaluating whether their public filings appropriately disclose coronavirus-related exposure, say attorneys at Alston & Bird.

  • Don't Forget Firm Culture When Adapting To Remote Work

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    While law firms suddenly pivoting to remote work due to coronavirus restrictions are busy dealing with logistical challenges, an equally pressing and perhaps more difficult task may be adjusting a long-standing brick-and-mortar culture to working remotely for the first time, say Heather Clauson Haughian and Grant Walsh at Culhane Meadows.

  • Pandemic May Spur Better Protection For Auto Supply Chains

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    In response to COVID-19's impact on the automotive market and supply chain, suppliers should quickly develop and implement risk management strategies focusing on business continuity, but may also need to rethink the entire supply chain model, from sourcing of raw materials to production of finished products, say attorneys at Squire Patton.

  • Ghosn Flight Shows Need For Extradition Treaty Cooperation

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    Ex-Nissan CEO Carlos Ghosn's escape from financial misconduct charges in Japan demonstrates the importance of governments working together to shore up extradition treaties, provide resources to Interpol, and support cross-border enforcement, say Tai-Heng Cheng and Ariel Atlas at Sidley.

  • How To Prepare Clients For Ponzi Schemes Amid COVID-19

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    As the major market indexes free-fall because of pandemic fears, practitioners should be on alert for Ponzi schemes and up to speed on how to manage their fallout in coordination with various federal agencies, say attorneys Dennis Cohen and Marianne Recher.

  • How To Handle No-Cut Employment Contracts In Hard Times

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    Executives who are beneficiaries of no-cut employment agreements could still be asked to take significant pay cuts due to the economic impact of the coronavirus. Parties must treat the request like any other business transaction and negotiate the terms, says Jose Sariego at Bilzin Sumberg.

  • Predicting COVID-19's IP Impact From Past Recessions' Stats

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    Analysis of U.S. patent data from the last two recessions enables predictions about trends we may see during the COVID-19 recession, including a large decline in filing activity, as well as best practices companies should employ during this time, says Pedram Sameni at Patexia.

  • Inside Shareholder Rights Plans Adopted Amid COVID-19

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    Companies including Williams, Occidental Petroleum, Dave & Buster's and Delek have recently adopted shareholder rights plans to protect against unauthorized accumulations of stock as prices decline due to the pandemic. Attorneys at Fried Frank take an in-depth look at these plans and what other companies should consider.

  • 5th Circ. Ruling Amplifies Bristol-Myers Class Action Debate

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    The Fifth Circuit’s recent decision in Cruson v. Jackson National Life Insurance guides defendants on raising the U.S. Supreme Court’s 2017 Bristol-Myers ruling as a jurisdictional objection to a nationwide class, even though it deepens a circuit split, says Michael Ruttinger at Tucker Ellis.

  • Conducting Court Hearings Remotely: 12 Considerations

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    As more courts begin to explore remote hearings during the COVID-19 crisis, attorneys and courts should be aware of some of the common concerns accompanying video- and teleconferencing technology and make allowances to avoid these issues, say Attison Barnes III and Krystal Swendsboe at Wiley Rein.

  • Avoiding Class Claims For Sharing COVID-19 Location Data

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    As American companies consider sharing anonymized geolocation data with the government to assist in tracking coronavirus transmission, they can follow guidelines to protect against costly consumer privacy class actions, say attorneys at Buchanan Ingersoll.  

  • The Era Of Video Mediation Is Here — Or Is It?

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    Mediator Jeff Kichaven has heard from several first-chair trial lawyers and senior claims executives that they are reluctant to adopt online video mediation even during the COVID-19 crisis, and says this reluctance is grounded in reality.

  • Furloughs: Weighing The Unemployment Costs And Benefits

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    Employers considering furloughs so workers can access expanded unemployment benefits under the Coronavirus Aid, Relief, and Economic Security Act should look for two factors that would minimize drawbacks for all parties, says Isaac Mamaysky at Potomac Law Group.

  • Addressing Ethics And Compliance Risks In Uncertain Times

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    Ethics and compliance teams can assist their companies in better navigating the COVID-19 emergency while ensuring that the crisis's impact is not exacerbated by potential legal or reputational consequences down the road, say attorneys at Mayer Brown.

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