Corporate

  • July 30, 2021

    Ex-MPAA GC Pleads Guilty To Sex Abuse, Blackmail

    A former general counsel for the Motion Picture Association of America, and former partner at Jenner & Block LLP, pled guilty Friday to charges of third degree sexual abuse and blackmail for alleged threats to expose a woman he met on a dating site unless she had sex with him.

  • July 30, 2021

    Munger Tolles Helped CEO Prep To Testify In Criminal Trial

    Applied Material Inc.'s current CEO testified during a criminal trial Friday that Munger Tolles & Olson LLP partners, who represent Applied in civil trade secret theft litigation that precedes the criminal case, helped him prepare to testify in the government's criminal case against four former Applied employees.

  • July 30, 2021

    Ross Keeps Billion-Dollar COVID Loss Suit Against Insurers

    A California state judge has given Ross Stores Inc. the green light to pursue its COVID-19 business interruption claims against Zurich, AIG and other insurers, rejecting the carriers' dismissal motions and saying a contamination exclusion may not bar virus losses.

  • July 30, 2021

    Employment Authority: Vaccine Policies & NLRB Policy Shift

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with stories on how vaccine mandates for federal, state and local government employees will spur more private companies to implement similar policies, as well as the issues surrounding mandatory vaccinations in unionized workplaces. We also take a look at changes to state wage and hour laws that may crop up and the impending policy shift at the NLRB after two new members were confirmed.

  • July 30, 2021

    Cybersecurity & Privacy Policy To Watch For Rest Of 2021

    More states are expected to add their own consumer privacy protections to the books in the coming months, while federal regulators are likely to spend the remainder of 2021 stepping up their scrutiny of Big Tech and pushing to clamp down on a recent scourge of ransomware attacks. 

  • July 30, 2021

    Jury Clears NextGen In Rare 'Holder's Claim' Securities Trial

    A California jury cleared NextGen Healthcare in what the company's attorneys called a rare, precedent-setting securities case brought by an investor claiming he was duped out of selling his shares — the first time a so-called "holder's claim" has ever been tried in California.

  • July 30, 2021

    Trade Group Joins COVID Coverage Fray At Ohio High Court

    A policyholder trade group has backed an Ohio audiology practice in a COVID-19 coverage suit before the state's Supreme Court, arguing the practice's inability to use its property due to an unsafe physical condition outside its control "is the exact type" of physical loss and damage that its policy covers.

  • July 30, 2021

    El Pollo Loco Insider Trading Suit Tossed Out Of Del. Court

    The Delaware chancellor has tossed an investor lawsuit seeking derivative damages on behalf of restaurant chain El Pollo Loco over approximately $118 million in alleged insider trades, heeding a call to dismiss the suit by a special litigation committee set up by the company's board.

  • July 30, 2021

    SEC Raises The Disclosure Bar For China-Based IPO Seekers

    The U.S. Securities and Exchange Commission on Friday announced a series of new disclosure requirements that will make it harder for Chinese companies to launch IPOs in the U.S., answering calls by lawmakers who say the Chinese government may be intentionally exploiting U.S. investors.

  • July 30, 2021

    House Dems Revive Push To Ban Workplace Arbitration

    House Democrats have reintroduced the Restoring Justice For Workers Act, which would ban mandatory arbitration clauses that prevent workers from bringing employment bias, pay and other claims in court.

  • July 30, 2021

    FTC Drops AndroGel Antitrust Case Against AbbVie

    The Federal Trade Commission is dropping its long-running case accusing AbbVie of illegally delaying generic versions of the testosterone treatment AndroGel, saying Friday the case shows enforcers need new legislation to help them recover money for consumers.

  • July 30, 2021

    Del. Court Orders New Trial On $749M Yahoo Patent Reserve

    Delaware Chancery Court on Friday ordered a new trial and directed former Yahoo owner Altaba Inc. to set aside a $749 million patent infringement suit cash reserve previously ruled unnecessary, citing post-trial disclosures and actions that "undermined" court confidence that the cash would be available if needed.

  • July 30, 2021

    NJ Apparel Store's COVID Suit Doomed By Virus Exclusion

    West American Insurance Co. does not owe a New Jersey sports apparel store for financial losses it incurred when it was forced to close because of the COVID-19 pandemic, a New Jersey federal judge has ruled, citing the policy's virus exclusion.

  • July 30, 2021

    L Brands Inks $90M Global Deal For 'Toxic' Workplace Suits

    Multichain specialty retailer L Brands announced a $90 million corporate governance reform agreement Friday to settle multiple derivative lawsuits seeking damages arising from "toxic" workplace conditions, including sexual harassment.

  • July 30, 2021

    Wynn Resorts Can't End Investors' Revived Suit Over Ex-CEO

    A Nevada federal judge has cut down an amended proposed class action against Wynn Resorts and its current and former top brass for allegedly covering up former CEO Steve Wynn's sexual misconduct and causing a stock drop, finding that two of seven sets of purportedly misleading statements can go forward. 

  • July 30, 2021

    NFL's Jacksonville Jaguars Promote Atty To GC Spot

    The NFL's Jacksonville Jaguars recently tapped an in-house attorney to fill the general counsel seat, she confirmed to Law360 on Friday, after her predecessor transitioned to the NHL's San Jose Sharks.

  • July 30, 2021

    The Top In-House Hires Of July

    Legal department hires during July included high-profile appointments at Coca-Cola Co., Ford Motor Co. and Univision Holdings Inc. Here, Law360 looks at some of the top in-house announcements from the past few weeks.

  • July 30, 2021

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    Experts speaking on an American Bar Association panel said remote work isn't going anywhere, and an ABA annual report published Thursday gives a data snapshot on multiple areas of the industry including law school enrollment and attorney mental health. These are some of the stories in corporate legal news you may have missed in the past week.

  • July 30, 2021

    NYC Confirms First Woman And Latina As Its Top Lawyer

    The New York City Council has confirmed Georgia Pestana as leader of the city's law department on Thursday, making her the first woman and the first Latino person to take such a role.

  • July 30, 2021

    Amazon Hit With €746M Privacy Fine From EU Regulators

    Luxembourg's data protection regulator has fined Amazon a record €746 million ($884.9 million) for allegedly violating the European Union's stringent data protection rules through its collection and use of personal data.

  • July 29, 2021

    California Pot Cos. Say Ex-General Counsel Sold Them Out

    A group of Southern California cannabis companies have accused their former general counsel of selling them out to competitors to benefit his own cannabis business.

  • July 29, 2021

    Biden Says Federal Workers Must Get Vaccinated Or Mask Up

    President Joe Biden on Thursday unveiled additional measures to encourage more Americans to get vaccinated, including directing millions of federal employees to get fully vaccinated against COVID-19 or wear a mask on the job and comply with regular testing.

  • July 29, 2021

    Fireman's Fund Checks Out Of Hotelier's Virus Coverage Suit

    An Indiana federal judge has ruled in favor of Fireman's Fund Insurance Co. in a COVID-19 insurance dispute, finding that the hotel owner behind the suit is not entitled to coverage under its policy because the insured property did not suffer a direct physical loss or damage from the coronavirus.

  • July 29, 2021

    Regeneron Investor Sues Execs, Alleging Kickback Scheme

    Regeneron leadership was hit with a derivative shareholder suit over claims the company's former and current executives and board members reaped over $650 million in sales of stock whose value was inflated by a purported kickback scheme tied to a vision-loss drug. 

  • July 29, 2021

    Tesla Inks $1.5M Deal Ending Spat Over Battery Safety Update

    Tesla has agreed to pay $1.5 million to over 1,700 Model S owners and lessees to settle a proposed class action claiming a software update intended to reduce the risk of battery fires also reduces the range of the vehicles, according to a proposed deal filed in California federal court.

Expert Analysis

  • Opinion

    Congressional Bill Would Impair Ch. 11 Mass Tort Resolution

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    Legislation recently introduced in Congress seeks to limit third-party releases and injunctions in Chapter 11 mass tort bankruptcies, but doing so would upend the balanced system, at the expense of deserving, injured individuals, says Josiah Daniel at V&E.

  • A Potential Shift In Antitrust Deferred Prosecution Agreements

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    The U.S. Department of Justice's deferred prosecution agreement with Argos suggests that the Antitrust Division may be changing its approach to evaluating compliance policies, placing less emphasis on a program's adequacy at the time of the offense, say attorneys at McDermott.

  • What To Expect Under New SEC Enforcement Director Grewal

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    Newly appointed U.S. Securities and Exchange Commission Director of Enforcement Gurbir Grewal’s record as a public servant provides insight into the SEC’s likely priorities for the coming year, and firms should expect him to work closely with Chair Gary Gensler in pursuing an aggressive enforcement agenda, say attorneys at Ropes & Gray.

  • Will You Be Ready If Your Class Action Goes To Trial?

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    Despite conventional wisdom, class actions sometimes do go to trial — as TransUnion v. Ramirez, decided last month by the U.S. Supreme Court, illustrates — so attorneys must prepare by studying past class action trials, focusing on how the courts and lawyers approached procedural and evidentiary questions, says Ross Weiner at Risk Settlements.

  • Law Firms, Know Who's Responsible For Your Cloud Security

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    Lawyers generally know that files go into the cloud and that the files are then secured and protected, but it's necessary for firms to take a closer look at their cloud supply chain and then come up with a responsibility matrix that helps mitigate any potential risks or weaknesses, says Martin Ward at iManage.

  • Benefits For Law Firms Venturing Into New Services

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    By offering more services, law firms can deepen and strengthen their client relationships and truly become an extension of their clients' teams while generating new revenue streams, and while there are risks associated with expanding into consulting, they may be worth it, says Lou Ramos at Major Lindsey.

  • How Anti-Corruption Push Affects US Cos. Operating Abroad

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    A recent Biden administration memo, and an anticipated increase in enforcement related to transnational fraud, money laundering and corruption, means that U.S. companies and financial institutions with operations abroad should take concrete steps to stave off U.S. Department of Justice scrutiny, says Andrey Spektor at Bryan Cave.

  • 6 Ways To Excise Xinjiang Forced Labor From Supply Chains

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    As the U.S. increases scrutiny of China's Xinjiang province and considers legislation to bar all goods produced, mined or manufactured there unless the importer can prove the absence of forced labor, importers can take steps to ensure supply chain compliance, say Rachel Alpert and Grace Signorelli-Cassady at Jenner & Block.

  • Green Investments Are Not Immune To ESG Scrutiny

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    As investment informed and motivated by environmental, social and governance considerations accelerates, companies and investors in the green technology sector must keep in mind that regulators, consumers and communities will not grant them free passes on the full range of ESG concerns, say Michael Murphy and Kyle Guest at Gibson Dunn.

  • Series

    Embracing ESG: Exelon GC Talks Diversity Initiatives

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    Executing a commitment to diversity, equity and inclusion programming, through recruitment, inclusive legal pipelines and community empowerment via pro bono efforts, can ensure a strong environmental, social and governance proposition, says Gayle Littleton at Exelon.

  • Data Trends To Watch In M&A And Competition Investigations

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    With an uptick in mergers and acquisitions and dramatic shifts in the data landscape, practitioners need to understand the myriad emerging trends affecting regulatory oversight, second requests, merger clearance and competition investigations, and avoid data-related problems that might derail deals, say Andrea Levine and Tim Anderson at FTI Consulting.

  • Rebuttal

    FCA Relator Pursuit Of DOJ's Declined Cases Is Vital

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    While a recent Law360 guest article suggests that the U.S. Department of Justice consider dismissing all False Claims Act cases it declines, that policy would undermine the FCA's broad remedial purpose of empowering private citizens to combat fraud against the government, say Jacklyn DeMar at Taxpayers Against Fraud Education Fund and Renée Brooker at Tycko & Zavareei.

  • How Wyoming Is Leading On Cryptocurrency

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    This month, Wyoming became the first state to classify decentralized autonomous organizations as a new form of LLC, which could bring new liability principles and chip away at Delaware's dominance as the corporate capital of the U.S., says Emily DiBenedetto at Shaw Keller.

  • Recent SPAC Settlement Signals SEC Enforcement Wave

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    The U.S. Securities and Exchange Commission's recent settlement with special purpose acquisition company Stable Road — and its sponsor, CEO and proposed merger target — over false representations to investors illustrates the agency's heightened focus on policing SPAC transactions and should prompt participants to ensure adequate due diligence, say attorneys at Pillsbury.

  • 5 Questions On Standing In The Wake Of TransUnion

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    While the U.S. Supreme Court's decision in TransUnion v. Ramirez provided some clarity on the contours of Article III standing, it opens the door to several potential shifts in where and how consumer class actions will be litigated, say attorneys at Troutman Pepper.

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