Corporate

  • 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.

  • 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.

  • 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.

  • 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.

  • 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."

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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."

  • 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."

  • 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.

  • 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.

  • January 23, 2025

    GenapSys Says Paul Hastings Can't Keep Privileged Docs

    GenapSys is pushing back on Paul Hastings LLP's bid to force it to turn over documents that it had inadvertently released during discovery in a legal malpractice suit alleging that the law firm improperly drafted board documents that led to the "demise and liquidation" of the genetic-sequencing company.

  • January 23, 2025

    BNY Financial Crimes Lead Joins Fox Rothschild In Pittsburgh

    The former deputy head of financial crimes at Bank of New York Mellon Corp. has recently left the company after nearly four years to join Fox Rothschild LLP's litigation team in the firm's Pittsburgh office.

  • January 23, 2025

    Conflict Limits 1 Lawyer On Javice Team As Trial Date Slips

    A lawyer defending Charlie Javice on charges she swindled JPMorgan Chase into paying $175 million for a financial aid startup she founded will be limited in representing her, a Manhattan federal judge said Thursday, before pushing trial back a week.

Expert Analysis

  • Dissecting New Circuit Split Over SEC's Proxy Adviser Rule

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    The Sixth Circuit recently upheld the U.S. Securities and Exchange Commission's partial rescission of enhanced conflict-of-interest disclosure requirements for proxy voting advice businesses, creating a circuit split over broader questions concerning the standard for assessing the legality of agency actions in general, say attorneys at Cahill Gordon.

  • Curious Case Of FTC's Amicus Brief In Teva Fed. Circ. Appeal

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    Attorneys at BCLP explore the Federal Trade Commission's backing of Amneal's Orange Book-delisting efforts on Teva ahead of a key Federal Circuit hearing in a case between the two pharmaceutical companies, and wonder if the FTC amicus brief indicates a future trend, especially in the next administration.

  • E-Discovery Quarterly: Recent Rulings On Metadata

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    Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.

  • Parsing SEC's Emerging Trend Of Section 204A Enforcement

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    The U.S. Securities and Exchange Commission recently settled with Sound Point Capital Management for violating Section 204A of the Investment Advisers Act, adding to a slew of charges against investment advisers that allegedly failed to safeguard material nonpublic information, say attorneys at Cozen O'Connor.

  • Comparing Antitrust Outlooks Amid Google Remedy Review

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    As the U.S. Justice Department mulls potential structural remedies after winning its recent case against Google, increased global scrutiny of Big Tech leaves ex post and ex ante antitrust approaches ripe for evaluation, say Nishant Chadha at the Indian School of Business and Manisha Goel at Pomona College.

  • SEC Rulemaking Radar: The View From Election Day

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    The U.S. Securities and Exchange Commission seems poised to tackle many of the remaining items on its most recent Regulatory Flexibility Agenda by early 2025, despite the presidential election and the potential for a new chair to be nominated soon, say attorneys at Goodwin.

  • How The Presidential Election Will Affect Workplace AI Regs

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    The U.S. has so far adopted a light-handed approach to regulating artificial intelligence in the labor and employment area, but the presidential election is unlikely to have as dramatic of an effect on AI regulations as it may on other labor and employment matters, say attorneys at Littler.

  • A Look At Grewal's Record-Breaking Legacy After SEC Exit

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    Gurbir Grewal resigned as director of the U.S. Securities and Exchange Commission's Division of Enforcement last month after more than three years on the job, leaving behind a legacy marked by record numbers of penalties and enforcement actions, as well as mixed results in aggressive lawsuits against major crypto players, say attorneys at Debevoise.

  • Striking A Balance Between AI Use And Attorney Well-Being

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    As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.

  • A Novel Expansion Of Alien Tort Statute In 9th Circ.

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    The Ninth Circuit's Doe v. Cisco rehearing denial allows a new invocation of the Alien Tort Statute to proceed, which could capture the U.S. Supreme Court's attention, and has potentially dramatic consequences for U.S. companies doing business with foreign governments, say attorneys at Ropes & Gray.

  • Empathy In Mediation Offers A Soft Landing For Disputes

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    Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.

  • Series

    Being An Artist Makes Me A Better Lawyer

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    My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.

  • How Judiciary Can Minimize AI Risks In Secondary Sources

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    Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.

  • 3 Steps For Companies To Combat Task Scams

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    On the rise in the U.S., the task scam — when scammers offer a victim a fake work-from-home job — hurts impersonated businesses by tarnishing their name and brand, but companies have a few ways to fight back against these cons, says Chris Wlach at Huge.

  • Nvidia Case's Potential Impact On Securities Class Actions

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    In Nvidia v. Ohman Fonder, the U.S. Supreme Court could strip lower courts of their long-standing ability and obligation to holistically weigh all relevant facts supporting plaintiffs' allegations of securities fraud, which would have a wide-ranging impact on securities fraud class actions in the U.S., say attorneys at Labaton Keller.

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