Corporate

  • March 22, 2024

    Senators Call On White House To Declassify TikTok Info

    A pair of U.S. senators is calling on the Biden administration to declassify information from TikTok and its owner ByteDance, citing national security concerns.

  • March 22, 2024

    Dollar General Can't Nix $1.48M Slip-And-Fall Verdict

    A Florida appeals panel on Friday affirmed a $1.48 million slip-and-fall verdict against Dollar General, saying the company "falls far short" of showing that there was no evidence it was aware of water on the floor after bringing a pair of carts in from the rain.

  • March 22, 2024

    Microsoft Settles Fired Trans Engineer's Bias Suit

    Microsoft agreed to settle a transgender former software engineer's Washington state court suit alleging that she was fired after repeatedly raising concerns that her work was unfairly criticized by her colleagues and that she was subjected to bullying due to her gender presentation.

  • March 22, 2024

    Supermarket Chain Can't Flush Class Suit Over Wipes

    A federal judge on Friday declined to toss a Massachusetts man's proposed class action against Stop & Shop that accused the supermarket chain of falsely marketing its store-brand cleansing wipes as "flushable."

  • March 22, 2024

    Chancery Denies Midcase Appeal In TripAdvisor Dispute

    The Delaware judge who gave TripAdvisor Inc. the go-ahead to convert its corporate home to Nevada while upholding most of a shareholder lawsuit challenging the proposed move has refused to certify a midcase appeal of his ruling, despite what he called "disproportionate media attention" about companies fleeing Delaware.

  • March 22, 2024

    Calif. Releases Interim Guidlines On GenAI Use

    The state of California on Thursday released interim guidelines for public-sector procurement, uses and training of generative artificial intelligence by state leaders in preparation for all state agencies to consider pilot projects using the technology by July, per Gov. Gavin Newsom's executive order issued last year.

  • March 22, 2024

    SEC Sanctions NY Atty For 'Improper Professional Conduct'

    The U.S. Securities and Exchange Commission has barred a New York-based attorney from practicing before the agency, saying she engaged in "improper professional conduct" by failing to comply with a requirement that she not do further work for a two-year period for a company she had represented in proceedings.

  • March 22, 2024

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    Federal antitrust prosecutors have added Apple Inc. to the list of Big Tech companies it is suing for anti-competitive behavior; and a law firm general counsel explains how he put guardrails into the firm's AI policy.

  • March 22, 2024

    Cineworld Hires Post-Ch. 11 GC, Executive Suite

    Cineworld Group, one of the world's largest movie theater chains, has announced it recently welcomed a new general counsel, chief financial officer and other senior executives following the company's exit from Chapter 11.

  • March 22, 2024

    What Patent Attys Should Know About 5th Circ. Transfer Case

    Federal Circuit practitioners should have their eye on a precedential Fifth Circuit decision from earlier this month that provided new guidance on weighing factors used to analyze whether to transfer a case, in particular factors related to court congestion and convenience for witnesses.

  • March 22, 2024

    DLA Piper Lands McMillan Hong Kong Office Leader

    DLA Piper has hired for its cross-border capital markets practice an experienced attorney who formerly led McMillan LLP's Hong Kong office and was co-chair of the firm's China practice group.

  • March 22, 2024

    5 Things To Know As SEC Takes Terraform Fraud Case To Trial

    The U.S. Securities and Exchange Commission's suit against collapsed cryptocurrency project Terraform and its creator Do Kwon takes center stage next week in U.S. District Judge Jed Rakoff's courtroom in Manhattan, and at its heart is a question of whether the business deceived investors in the lead-up to the collapse that helped set off the so-called crypto winter.

  • March 22, 2024

    87-Year-Old Billionaire Lewis Seeks No Jail For Insider Trading

    Lawyers for British billionaire Joe Lewis have asked a Manhattan federal judge not to impose any prison time after his plea to insider trading, saying a term of probation is appropriate because the 87-year-old is "nearing the end of life in declining health."

  • March 22, 2024

    Del. Courts Examining 'Colonoscopy'-Like Bylaw Rules

    Invasive advance-notice bylaws that some observers say make shareholder board nominations as intrusive as a "colonoscopy" are reviving old questions in Delaware courts about how far boards can go to protect themselves against shareholder activism.

  • March 22, 2024

    Polsinelli Adds In-House Biotech IP Atty In Boston

    An experienced in-house biotechnology attorney has joined Polsinelli PC's intellectual property department as counsel in Boston.

  • March 21, 2024

    Burford, Sysco Get OK To Swap Bid In Price-Fixing Cases

    An Illinois federal judge on Thursday agreed to allow an affiliate of legal investment firm Burford Capital to substitute for food giant Sysco in price-fixing litigation against broiler chicken producers, a ruling that comes a month after a Minnesota federal judge refused to allow the same Burford unit to substitute for Sysco in similar pork and beef price-fixing litigation.

  • March 21, 2024

    Fossil Knew About Harassment, Texas Supreme Court Hears

    Fossil Group Inc. contends that it didn't know about workplace sexual harassment happening at a Texas store, but Texas Supreme Court justices seemed skeptical of the company's argument that the victim didn't notify the company, even though she alleges she sent an email about the harassment.

  • March 21, 2024

    SEC's 'Shadow Trading' Trial To Test Insider Info Boundaries

    If the U.S. Securities and Exchange Commission can convince jurors hearing its first-ever "shadow trading" case next week to find a former executive in the wrong for buying up a competitor's securities while having insider information about his own company, the floodgates could open to civil and criminal prosecution of other corporate insiders under the novel legal theory, attorneys told Law360.

  • March 21, 2024

    Silvergate Must Face Investor Suit Over FTX Ties, Judge Says

    The now-defunct Silvergate Bank and its CEO must face a proposed class action brought by customers of bankrupt cryptocurrency exchange FTX, a California federal judge ruled Wednesday, finding that Silvergate owed a duty to FTX customers and that its conduct harmed them.

  • March 21, 2024

    Chemours Faces Investor Suit Over Alleged Exec Misconduct

    Chemical company The Chemours Co. and four of its current and former executives face claims they hurt investors by manipulating a certain financial metric so the executives might receive greater compensation under the company's incentive plans.

  • March 21, 2024

    Tennessee Adopts Landmark Law To Protect Artists Against AI

    Tennessee Gov. Bill Lee signed into law Thursday a first-of-its-kind legislation intended to tackle misuse of artificial intelligence by modifying a state law banning unauthorized copies of artists' works to cover musicians, their voices and their songs.

  • March 21, 2024

    Nexstar Ducks Antitrust Suit Over Retransmission Fees

    DirecTV says it refused to ink retransmission deals with two companies that were illegally collaborating with Nexstar Media Group Inc. to fix prices, resulting in massive channel blackouts and customer loss, but according to a New York federal judge, that refusal is why its antitrust claims fall flat.

  • March 21, 2024

    Wisconsin Gov. Signs Earned Wage Access Bill Into Law

    Wisconsin on Thursday solidified a licensing framework for so-called earned wage access services when Gov. Tony Evers signed a state law regulating the cash-advance products.

  • March 21, 2024

    9th Circ. Partially Backs Meta Class Cert. In Ad Reach Row

    A split Ninth Circuit panel on Thursday affirmed certification of a damages class of Meta Platforms advertisers who were allegedly deceived about Facebook's "potential reach" tool, but upended certification of an injunction class, telling the district court to take a fresh look at whether the lead plaintiff actually has standing.

  • March 21, 2024

    Autonomy Jury Hears Of 'Handshake Deal' To Pad Revenue

    A onetime Autonomy Corp. customer took the stand Thursday in the California federal criminal trial of former CEO Michael Lynch, describing a "handshake" deal to pay the company $7.5 million with the understanding the funds would be returned — part of an alleged plot to fraudulently inflate Autonomy's revenues.

Expert Analysis

  • Considerations For Disclosing AI Use In SEC Filings

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    Recent remarks from U.S. Securities and Exchange Commission Chair Gary Gensler should be heard as a clarion call for public companies to disclose artificial intelligence use, with four takeaways on what companies should disclose, says Richard Hong at Morrison Cohen.

  • Args In APA Case Amplify Justices' Focus On Agency Power

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    In arguments last week in Corner Post v. Federal Reserve, the U.S. Supreme Court justices paid particular importance to the possible ripple effects of their decision, which will address when a facial challenge to long-standing federal rules under the Administrative Procedure Act first accrues and could thus unleash a flood of new lawsuits, say attorneys at Snell & Wilmer.

  • Averting Patent And Other IP Risks In Generative AI Use

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    While leveraging generative AI presents potential problems such as loss of ownership of patents and other intellectual properties, a series of practice tips, including ensuring that the technology is used as a supplementary tool and is not contributing to invention conception, can help mitigate those concerns, say Mackenzie Martin and Bryce Bailey at Baker McKenzie.

  • Mitigating Whistleblower Risks After High Court UBS Ruling

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    While it is always good practice for companies to periodically review whistleblower trainings, policies and procedures, the U.S. Supreme Court’s recent whistleblower-friendly ruling in Murray v. UBS Securities helps demonstrate their importance in reducing litigation risk, say attorneys at Arnold & Porter.

  • Series

    ESG Around The World: Gulf Cooperation Council

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    The Gulf Cooperation Council is in the early stages of ESG policy implementation, but recent commitments by both states and corporations — including increases in sustainable finance transactions, environmental commitments, female representation on boards and human rights enforcement — show continuing progress toward broader ESG goals, say attorneys at Cleary.

  • Steps For Companies New To Sanctions Compliance

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    Businesses newly required to implement compliance programs due to the increased breadth of mandatory sanctions and export controls, including 500 additional Russia sanctions announced last Friday, should closely follow the guidance issued by the Office of Foreign Assets Control and other regulators, say Jennifer Schubert and Megan Church at MoloLamken.

  • A Cautionary Tale On Hospital-Physician Alignment Structures

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    A $345 million settlement between the U.S. Department of Justice and Community Health Network highlights how quickly hospital and physician alignment relationships can violate legal restrictions on such dealings, and the onerous financial penalties that can ensue, say Robert Threlkeld and Elliott Coward at Morris Manning.

  • Using Arbitration And Class Waivers As Privacy Suit Tools

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    Amid a surge in data breach class actions over the last few years, several federal court decisions indicate that arbitration clauses and class action waiver provisions can be possible alternatives to public court battles and potentially reduce the costs of privacy litigation, say Mark Olthoff and Courtney Klaus at Polsinelli.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • Cos. Must Know How NY, Federal LLC Disclosure Laws Differ

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    Though New York state's new LLC Transparency Act and the federal Corporate Transparency Act impose similar beneficial owner reporting obligations on limited liability companies, New York LLCs should study the important differences between the laws to ensure they are prepared to comply with both, say Abram Ellis, Olenka Burghardt and Jane Jho at Simpson Thacher.

  • Opinion

    Biden Admin's March-In Plan Would Hurt Medical Innovation

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    The Biden administration's proposal to reinterpret the Bayh-Dole Act and allow the government to claw back patents when it determines that a commercialized product's price is too high would discourage private investment in important research and development, says Ken Thorpe at the Rollins School of Public Health.

  • 9 Considerations For Divestitures, Carveouts And Spinouts

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    Amid new economic optimism, data protection, transitional services and seven other considerations can help legal practitioners untangle complex divestitures, carveouts and spinouts to unlock value for corporate sellers, say Kimberly Petillo-Décossard and Kristen Rohr at White & Case.

  • Why Fla. High Court Adopting Apex Doctrine Is Monumental

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    The Florida Supreme Court recently solidified the apex doctrine in the Sunshine State, an important development that extends the scope of the doctrine in the state to include both corporate and government officials, and formalizes the requirements for a high-level corporate official to challenge a request for a deposition, says Laura Renstrom at Holland & Knight.

  • 5 Lessons For SaaS Companies After Blackbaud Data Breach

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    Looking at the enforcement actions that software-as-a-service provider Blackbaud resolved with state attorneys general, the U.S. Securities and Exchange Commission and the Federal Trade Commission in the past year can help SaaS companies manage these increasingly common forms of data breaches, say attorneys at Orrick.

  • Key Lessons After A Rare R&W Insurance Ruling

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    The recent New York state court decision in Novolex Holdings v. Illinois Union Insurance is noteworthy as one of the rare judicial opinions arising in the context of representations and warranties insurance, serving to remind parties entering into R&W insurance policies that they may not be immune from some doctrines unfavorable to insurers, say attorneys at Kramer Levin.

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