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Corporate
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January 23, 2025
Think, McFly! 'Back To The Future' Writer Says No Apple Theft
The co-writer of "Back to the Future" suggested to a California federal jury Thursday that an independent filmmaker suing Apple and acclaimed director M. Night Shyamalan for copyright infringement should make like a tree and get out of the courtroom because her film bears no resemblance to the Apple TV+ show, "Servant."
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January 23, 2025
Limits On Biden's Contracting Power Could Also Hinder Trump
A Trump administration order barring federal contractors from engaging in diversity, equity and inclusion programs could face court challenges, following the path of decisions rejecting the Biden administration's arguments it had statutory authority for minimum wage and vaccine requirements.
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January 23, 2025
Dems Cite 'Unprecedented Concerns' With Trump Memecoins
U.S. Sen. Elizabeth Warren and Rep. Jake Auchincloss have urged federal regulators to address "unprecedented concerns" associated with the recent launch of so-called memecoins associated with President Donald Trump and first lady Melania Trump, citing threats of consumer ripoffs, corruption and foreign influence.
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January 23, 2025
Intuitive Judge Walks Back 'Inappropriate' Witness Instruction
Counsel for Intuitive Surgical objected Thursday to a California federal judge's "inappropriate instruction" to a witness testifying in a trial over allegations it abused its market power by blocking hospitals from using a refurbished part for its surgery robot, prompting the judge to walk back the direction.
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January 23, 2025
Ryanair's 'Piracy' Jury Win Over Booking.com Gets Undone
A federal judge has decided that Ryanair failed to show that Booking.com made enough money scraping flight data from the discount Irish airline to justify a verdict in its favor, overturning a jury verdict out of Delaware last year that found the website broke computer fraud laws.
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January 23, 2025
Wells Fargo Workers Score Class Cert. In Stock Option Suit
Former employees of Wells Fargo & Co. have received certification for their proposed class in litigation in Minnesota federal court alleging the bank used dividends earned by its employee stock ownership fund to defray its 401(k) matching obligations.
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January 23, 2025
4th Circ. Reads Kickback Law Broadly In Loss For Big Pharma
The Fourth Circuit on Thursday affirmed a Virginia federal judge's ruling against a pharmaceuticals industry-backed charity looking to weaken the Anti-Kickback Statute, holding that a proposed program for helping patients cover the cost of drugs could indeed constitute a quid pro quo.
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January 23, 2025
Trump Undoes Biden's AI Safeguards With Executive Order
President Donald Trump on Thursday signed an executive order upending the former Biden administration's consumer and national security safeguards on artificial intelligence, saying former AI policies must be investigated to see if they thwart the new Trump administration's quest to position the U.S. as the "global leader in AI."
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January 23, 2025
Fla. Court Urged To OK $2.75M For Moving Co. Fraud Victims
Two receivers appointed to recover funds in a moving company Ponzi scheme targeting the Haitian community urged a Florida federal court on Thursday to approve a first-round distribution of $2.75 million to refund losses, although the judge overseeing the case said the amount represents a fraction of what defrauded victims lost.
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January 23, 2025
Judge Inclined To OK Visa, Mastercard $197.5M ATM Fee Deal
A D.C. federal judge seemed poised Thursday to give final blessing to a $197.5 million settlement resolving class action claims that Visa and Mastercard conspired with major banks to fix ATM access fees, but the judge said he needed more time to reflect on attorney fees.
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January 23, 2025
4th Circ. Unwinds Rocket Mortgage Borrowers' Class Cert.
A split Fourth Circuit on Thursday reversed the class certification of borrowers who accused Rocket Mortgage of inflating their home values, finding that not all potential class members could prove they were injured under the U.S. Supreme Court's heightened pleading standard in TransUnion.
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January 23, 2025
AI Chatbot Co. CEO, Atty Spouse Indicted On $60M Fraud
Federal prosecutors in California arrested the former CEO of an artificial intelligence company Thursday alongside his lawyer wife, accusing the duo of a $60 million fraud scheme in which they allegedly lied to investors about the company's financial state and diverted funds to pay for their wedding.
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January 23, 2025
SEC Rescinds Controversial Crypto Accounting Guidance
The U.S. Securities and Exchange Commission rolled back its controversial cryptocurrency accounting guidance known as SAB 121 Thursday evening, hot on the heels of newly appointed acting Chairman Mark Uyeda's commitment to shifting the regulator toward setting clear guidelines for digital assets.
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January 23, 2025
Madigan's Law Firm Profits Drove Corrupt Acts, Jury Told
Former Illinois House Speaker Michael Madigan's ownership interest in his Chicago law firm and his entitlement to 50% of its profits was behind his efforts to extort property tax business from developers who needed approvals from state and local government for their projects, prosecutors told an Illinois federal jury Thursday.
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January 23, 2025
Del. Justices Won't Revive Skechers Inc. Aircraft Use Suit
Delaware's top court on Thursday grounded with scant comment a derivative suit appeal filed on behalf of a stockholder of comfort shoemaker Skechers USA Inc. seeking revival of a dismissed lower court case alleging failure to control top executives' use of corporate aircraft for personal travel.
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January 23, 2025
McKinsey Not Covered For Over 260 Opioid Suits, Chubb Says
A group of Chubb insurers said they have no duty to defend or indemnify McKinsey & Co. in more than 260 suits accusing the management consulting firm of contributing to the opioid epidemic, telling a Delaware state court that the underlying suits do not seek damage "because of" bodily injury.
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January 23, 2025
Yellow Corp. Says It Acted In Good Faith With WARN Notices
Defunct trucking company Yellow Corp. told a Delaware bankruptcy judge on Thursday that its last delivery was made the day before it laid off 22,000 union workers, making it a "liquidating fiduciary" that would not be liable for inadequate mass-layoff notices under the WARN Act.
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January 23, 2025
PayPal To Pay $2M To NY Regulator In Cybersecurity Deal
PayPal agreed on Thursday to pay a $2 million fine to the New York State Department of Financial Services to resolve allegations that it failed to use qualified personnel to manage key cybersecurity functions and failed to provide proper training to address cybersecurity risks, resulting in sensitive customer information being vulnerable to hackers.
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January 23, 2025
Micron CEO Accused Of Insider Trading In Fla. Investor Suit
A Micron Technology Inc. shareholder has accused the company CEO and several board members of insider trading after selling $70 million worth of stock just before the release of disappointing financial results regarding demand for its semiconductors.
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January 23, 2025
SEC Cooled On New Crypto Cases During Gensler's Final Year
Despite a brief rise in the number of lawsuits filed against the cryptocurrency industry in the final months that U.S. Securities and Exchange Commission Chair Gary Gensler was in office, the agency overall saw a 30% decrease in enforcement actions against the industry last year, according to a newly released report Thursday.
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January 23, 2025
Ex-J&J Exec Accused Of File Theft Has Died, Court Told
A former competitive strategy director for Johnson & Johnson accused of stealing confidential files when he left the company to work for Pfizer has died, according to a court filing.
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January 23, 2025
Calif. Kids' Privacy Law Ignores 1st Amendment, Judge Says
A California federal judge appeared open Thursday to preliminarily blocking for the second time a landmark California law requiring tech giants to bolster privacy protections for children, telling the state's counsel that nothing shows the Legislature "cared one whit about the Constitution," and "now you're trying to reverse engineer it."
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January 23, 2025
Welder Sues Bezos' Blue Origin Over Sex Discrimination
A former welder at Jeff Bezos' aerospace company Blue Origin Florida LLC filed a discrimination lawsuit Wednesday claiming her supervisors forced her to sew buttons on their shirts and would tell her she was a "welder in a man's world."
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January 23, 2025
Corporate Transparency Law Remains Flanked By Threats
The Corporate Transparency Act is facing threats across the branches of government despite the U.S. Supreme Court pausing a nationwide injunction on it Thursday, with another universal injunction in place, other court battles underway and some Republican lawmakers targeting the law.
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January 23, 2025
FTC Chair's 1st Act: Ending 'Scourge' Of DEI
Andrew N. Ferguson made his first public act as the Federal Trade Commission's new Republican chairman Wednesday by ordering the end of all agency diversity, equity and inclusion efforts and declaring that the "scourge" of DEI is over at the FTC.
Expert Analysis
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How CFPB Rule Would Affect Data Brokers And Beyond
The Consumer Financial Protection Bureau recently proposed a rule that would not only expand data broker oversight by classifying many as consumer reporting agencies, but would also impose new limitations on companies seeking to obtain information from them, potentially requiring such entities to alter their business models, say attorneys at Orrick.
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Firms Still Have The Edge In Lateral Hiring, But Buyer Beware
Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.
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Reviewing 2024's State Consumer Privacy Law Enforcement
While we are still in the infancy of state consumer privacy laws, a review of enforcement activity this year suggests substantial overlaps in regulatory priorities across the most active states and gives insight into the likely paths of future enforcement, says Thomas Nolan at Quinn Emanuel.
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Opinion
Antitrust Posturing Against Algorithmic AI Should End
President-elect Donald Trump needs to rein in the federal government's antitrust crusade against algorithmic AI, sending the message that antitrust enforcement must be grounded in evidence and real harm, says attorney David Balto, a former Federal Trade Commission assistant director of policy and evaluation.
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Risk Disclosure Issue Remains After Justices Nix Meta Case
After full briefing and argument, the U.S. Supreme Court recently dismissed Facebook v. Amalgamated Bank as improvidently granted, leaving courts with the tricky endeavor of determining when the failure to disclose a past event in an Item 105 risk disclosure is materially misleading, say attorneys at Lowenstein Sandler.
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Think Like A Lawyer: 1 Type Of Case Complexity Stands Out
In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.
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Netflix Dispute May Alter 'Source' In TM Fair-Use Analysis
The Ninth Circuit’s upcoming decision in Hara v. Netflix, about what it means to be source-identifying, could change how the Rogers defense protects expressive works that utilize trademarks in a creative fashion, says Sara Gold at Gold IP.
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Back To The Future? Antitrust Enforcement Under Trump 2.0
While the transition to the second Trump administration's antitrust policy should be accompanied by less uncertainty, we're unlikely to get a full sense of the true focus and tenor of competition enforcement under Trump 2.0 before late next year, say attorneys at Simpson Thacher.
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FTX Exec's Sentencing Shows Pros And Cons Of Cooperation
The sentencing of former FTX tech deputy Gary Wang, whose cooperation netted him a rare outcome of no prison time, offers critical takeaways for attorneys and clients navigating the burgeoning world of crypto-related prosecutions, says Andrew Meck at Whiteford.
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Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity
Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.
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Corporate Liability Issues To Watch In High Court TM Case
The U.S. Supreme Court will hear arguments in a trademark dispute between Dewberry Group and Dewberry Engineers next week, presenting an opportunity for the court to drastically alter the fundamental approach to piercing the corporate veil, or adopt a more limited approach and preserve existing norms, say attorneys at Bracewell.
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Rethinking Clawback Policies For 2025 Compensation Season
The start of a new year presents an opportunity for companies to reassess their executive compensation clawback policies, and while mandatory Dodd-Frank clawbacks are necessary, discretionary policies can offer companies greater flexibility to address misconduct, protect their reputations and align with shareholder priorities, say attorneys at Debevoise.
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Antitrust in Retail: Handbag Ruling Won't Go Out Of Fashion
Although a New York federal court’s recent decision to enjoin a proposed $8.5 billion merger between the owners of Michael Kors and Coach applied noncontroversial antitrust interpretations, several notable aspects of the opinion stand out as likely candidates for further discussion in future merger litigation, say attorneys at Holland & Knight.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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SEC Prioritized Enforcement Sweeps As Cases Slowed In '24
Following three consecutive years of increasing activity, fiscal year 2024 marked the lowest number of cases the U.S. Securities and Exchange Commission has brought since Gary Gensler assumed office in April 2021, buttressed by some familiar enforcement sweeps, say attorneys at Covington.