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April 24, 2024
Jury Must Decide Law Firms' Fee Dispute Over Nassar Suits
A jury will need to decipher the terms of an agreement in a fee dispute between Andrus Wagstaff PC and Lipton Law Center PC for joint representation of the survivors of former USA Gymnastics doctor Larry Nassar, a Michigan federal judge ruled Wednesday, partially rejecting Andrus Wagstaff's summary judgment bid.
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April 24, 2024
Class Attys Seek $218M Fee Award In Google 'Incognito' Deal
Attorneys from three firms urged a California federal judge to award them $217.6 million in fees after reaching a settlement with Google in which the search giant agreed to delete billions of data records related to users' private browsing activities, with a Google representative blasting the fee bid as an attempt to "line their own pockets."
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April 24, 2024
Ex-Autonomy GC Tells Jurors He Wanted To Be 'Helpful' To HP
Autonomy's former U.S. general counsel conceded Wednesday in the criminal trial of former CEO Michael Lynch that he told an HP lawyer he wanted to be as "helpful" as possible to the company as it was investigating Autonomy-related issues that popped up after the Silicon Valley giant purchased the British company, and that he was told he could face liability for his work at Autonomy.
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April 24, 2024
Bid To Sanction DOJ Denied In Novel Insider Trading Case
A California federal judge on Tuesday refused to grant an indicted former healthcare CEO's bid to sanction the government in a case accusing him of a novel form of insider trading, saying the CEO failed to show that he was prejudiced by the government interviewing a potential witness without counsel present.
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April 24, 2024
Hedge Fund Says Credit Suisse Misled On Bonds' Health
U.S.-based hedge fund Appaloosa LP is accusing the former Credit Suisse in New Jersey federal court of misleading investors about its financial health before $17 billion of its bonds were wiped out in a merger with its Swiss competitor UBS.
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April 24, 2024
Takeaways From The FTC's Noncompetes Ban
The first legal challenges to the Federal Trade Commission's new ban on essentially all noncompete agreements that employers impose on workers have already been filed, but questions remain, not just on the rule's legal viability, but also on the likelihood of follow-on rulemakings and the rule's exact reach.
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April 24, 2024
Pepsi Can't Use Workers' Comp Immunity In Fla. Shooting Suit
Florida's Third District Court of Appeal on Wednesday ruled that a Pepsi subsidiary can't utilize a workers' compensation immunity defense in a lawsuit brought by a former employee who was shot by a co-worker, saying the company took inconsistent positions on his claim for benefits.
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April 24, 2024
Nuclear Fuel Co. Investor Sues Over Hair-Trigger 'Poison Pill'
A Centrus Energy Corp. stockholder on Wednesday hit the company, as well as current and former directors, with a proposed class action in Delaware Chancery Court, challenging allegedly hair-trigger shareholder rights "poison pill" restrictions that activate anti-takeover measures based on a relatively low share ownership percentage.
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April 24, 2024
3 Takeaways On How AI Is Forcing Publicity Rights To Evolve
As digital replicas of someone's voice, image or likeness become easier to create with the help of artificial intelligence, this new era of deepfakes is shining a spotlight on the nation's patchwork of right-of-publicity laws and raising questions over when Congress may act to pass a national framework.
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April 24, 2024
Judge Suggests Amazon Never Denied Late-Delivery Refund
A Washington federal judge seemed to signal Wednesday that a putative class action accusing Amazon of not delivering a package as quickly as promised might get dismissed, noting the plaintiff did not actually get denied a refund because he never requested one.
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April 24, 2024
Backpage Execs Win Partial Acquittal In Prostitution Ad Retrial
An Arizona federal judge has partially overturned jury retrial convictions against two former Backpage.com executives and the now-defunct classifieds website's co-founder, but she refused to acquit the trio of all charges or grant a second retrial in a sprawling criminal case alleging they facilitated Backpage's $500 million prostitution scheme.
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April 24, 2024
DOL Says Firm 'Repeatedly' Misclassified Highway Workers
The U.S. Department of Labor recently determined that a subcontractor "repeatedly misclassified" employees who worked on 25 federal highway construction projects in Pennsylvania, according to a notice filed in Pennsylvania federal court Wednesday in a lawsuit against three construction firms.
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April 24, 2024
9th Circ. Says NLRB Can Enforce Starbucks Bargaining Order
The Ninth Circuit said Wednesday that Starbucks must recognize its Seattle roastery workers' April 2022 vote to unionize, overruling the coffee giant's contention that ballots should have been cast in person and concluding a National Labor Relations Board manager had discretion to call the mail-in election because of COVID-19 case counts at the time.
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April 24, 2024
Binance Founder Should Get 3 Years, Not Probation, Feds Say
Federal prosecutors asked a Washington federal judge to sentence Binance founder Changpeng Zhao to three years over his failure to implement an effective anti-money laundering program at his crypto exchange, but the founder said jail time isn't necessary since he's already paid "massive" fines and comparable cases haven't resulted in prison sentences.
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April 24, 2024
Under Armour Must Show Shoe Sponsor Deals In Patent Row
Under Armour is being forced to turn over information relating to deals it has with athletes like basketball star Stephen Curry as part of a patent infringement lawsuit, but the Texas federal judge in the case limited how much the sportswear company has to provide.
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April 24, 2024
Chamber Of Commerce Sues FTC Over New Noncompete Rule
The U.S. Chamber of Commerce has lodged a promised lawsuit challenging the Federal Trade Commission's new rule banning noncompete agreements, contending the pacts are good for the economy and that the agency lacks authority to issue the regulation.
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April 24, 2024
Noteholders Say Chilean Telecom Lacks US Ties For Ch. 11
A group of WOM SA noteholders asked a Delaware bankruptcy judge to dismiss the Chilean cellphone network operator's Chapter 11 case, saying the company has no connections with the United States and courts here don't have jurisdiction over the company's assets.
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April 24, 2024
Seyfarth Picks Up BCLP Corporate Finance Pro In Atlanta
Seyfarth Shaw LLP is expanding its corporate team with a Bryan Cave Leighton Paisner LLP finance specialist as a partner in its Atlanta office, the firm said Wednesday.
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April 24, 2024
Tesla Must Put Musk's Potential Payday In Trust, Investors Say
Class attorneys for Tesla stockholders have asked Delaware's chancellor to seize or shelter in a trust tens of billions in company stock sidelined by a ruling that struck down CEO Elon Musk's 10-year compensation plan in January, pending a fast-track hearing.
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April 24, 2024
Solar Panel Co. Loses Calif. Appeal Over PAGA Arbitration
A California appellate panel sided with a lower court as it ruled in a published opinion that a carveout in a home solar panel company's employment agreement did not require a former worker to arbitrate his individual Private Attorneys General Act claims, keeping his suit in court.
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April 24, 2024
Trump Can't Subpoena Daniels For Alleged Bias In NY Trial
A New York state judge rejected Donald Trump's "overbroad" subpoena seeking records that the former president said would show bias by adult film star Stormy Daniels ahead of her testimony about an alleged hush money payment in 2016.
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April 24, 2024
Baker McKenzie Adds 17-Atty Deals Team From Munger Tolles
A team of 11 transactional partners and six associates in Los Angeles is heading to Baker McKenzie from Munger Tolles & Olson LLP, according to an announcement Wednesday.
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April 23, 2024
Monsanto Judge Slashes $857M PCB Jury Verdict
A Washington state judge slashed a nearly $860 million PCB poisoning verdict against Monsanto by roughly half on Tuesday, while the company sought to avoid future losses by moving to sever an upcoming 14-plaintiff trial in another toxic tort stemming from the same Evergreen State school site.
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April 23, 2024
New Ga. Law Restricts Social Media Use For Youth Under 16
A bill signed into law Tuesday by Georgia Gov. Brian Kemp imposes new restrictions on minors' internet usage, including requiring social media companies to verify that users are 16 or older unless they receive approval from an individual's parents to use the service.
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April 23, 2024
TikTok Divestment Bill Heads To Biden's Desk
The Senate voted 79-18 on Tuesday night to pass a bill requiring ByteDance Ltd. to divest the popular social media app TikTok or face a ban in the U.S., which now goes to the president's desk.
Expert Analysis
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The Future Of BIPA Insurance Litigation After Visual Pak
A recent Illinois appellate court decision, National Fire Insurance v. Visual Pak, may have altered the future of insurance litigation under the state's Biometric Information Privacy Act by diametrically opposing a prominent Seventh Circuit ruling that found insurance coverage for violations of the act, say attorneys at Jenner & Block.
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Macquarie Ruling Raises The Bar For Securities Fraud Claims
The U.S. Supreme Court's decision last week in Macquarie Infrastructure v. Moab Partners — holding that a U.S. Securities and Exchange Commission rule does not forbid omissions in company disclosures unless they render other statements false — is a major setback for plaintiffs pursuing securities fraud claims against corporations, say attorneys at Skadden.
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First 10b5-1 Insider Trading Case Raises Compliance Issues
The ongoing case against former Ontrak CEO Terren Peizer is the U.S. Department of Justice's first insider trading prosecution based primarily on the filing of 10b5-1 plans, and has important takeaways for attorneys reviewing corporate policies on the possession of material nonpublic information, say attorneys at Cadwalader.
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Tenn. Law Protecting Artists From AI Raises Novel Issues
Tennessee recently enacted a law that extends the right of publicity protection to individuals' voices in an attempt to control the proliferation of artificial intelligence in the music industry, presenting fascinating questions about the First Amendment, the fair use doctrine and more, say attorneys at Davis Wright.
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Consumer Privacy Takeaways From FTC Extraterritorial Action
With what appears to be its first privacy-related consent agreement with a non-U.S. business, the Federal Trade Commission establishes that its reach is extraterritorial and that consumer internet browsing data is sensitive data, and there are lessons for any multinational business that handles consumer information, say Olivia Greer and Alexis Bello at Weil.
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Assessing Work Rules After NLRB Handbook Ruling
The National Labor Relations Board's Stericycle decision last year sparked uncertainty surrounding whether historically acceptable work rules remain lawful — but employers can use a two-step analysis to assess whether to implement a given rule and how to do so in a compliant manner, say attorneys at Seyfarth.
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FDIC Bank Merger Reviews Could Get More Burdensome
Recently proposed changes to the Federal Deposit Insurance Corp. bank merger review process would expand the agency's administrative processes, impose new evidentiary burdens on parties around competitive effects and other statutory approval factors, and continue the trend of long and unpredictable processing periods, say attorneys at Simpson Thacher.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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A Key Pitfall Of Restricted Subsidiaries In Loan Agreements
In loan agreements, the treatment afforded to non-loan party restricted subsidiaries' EBITDA presents subtle, but serious threats to lenders that require thoughtful attention in underwriting and drafting, say David Ebroon at JPMorgan Chase and Jared Zajac at Cadwalader.
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Del. Lessons For Director-Nominees On Sharing With Activists
The Delaware Chancery Court's recent decision in Icahn Partners v. deSouza finding that a director wasn't permitted to share certain privileged information with the activist stockholders that nominated him shows the need for companies to consider imposing appropriate confidentiality requirements on directors, say attorneys at Sullivan & Cromwell.
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3 Lessons From Family Dollar's Record $41.7M Guilty Plea
Family Dollar's recent plea deal in connection with a rodent infestation at one of its distribution facilities — resulting in the largest ever monetary criminal penalty in a food safety case — offers key takeaways for those practicing in the interconnected fields of compliance, internal investigations and white collar defense, says Jonathan Porter at Husch Blackwell.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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Opinion
Anti-DEI Complaints Filed With EEOC Carry No Legal Weight
Recently filed complaints against several companies' diversity, equity and inclusion programs alleging unlawful discrimination against white people do not require a response from the U.S. Equal Employment Opportunity Commission, and should not stop employers from rooting out ongoing discriminatory practices, says former EEOC general counsel David Lopez.
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New Proposal Signals Sharper Enforcement Focus At CFIUS
Last week's proposed rule aimed at broadening the Committee on Foreign Investment in the United States' enforcement authority over foreign investments and increasing penalties for violations signals that CFIUS intends to continue expanding its aggressive monitoring of national security issues, say attorneys at Kirkland.
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Oracle Ruling Underscores Trend Of Mootness Fee Denials
The Delaware Chancery Court’s recent refusal to make tech giant Oracle shoulder $5 million of plaintiff shareholders' attorney fees illustrates a trend of courts raising the standard for granting the mootness fee awards once ubiquitous in post-merger derivative disputes, say attorneys at Troutman Pepper.