Corporate

  • 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.

  • March 21, 2024

    LinkedIn Must Face Monopoly Lawsuit

    A California federal judge refused Thursday to toss a proposed antitrust class action accusing LinkedIn of using online interface access to pay off would-be rivals, even as he signaled potential trouble ahead once the factual details of those access agreements come into play.

  • March 21, 2024

    US DOT Eyeing Airlines' Consumer Privacy And Data Security

    The U.S. Department of Transportation said Thursday it will conduct a privacy review of the country's largest airlines, focusing on their collection and use of passengers' personal information in response to consumer complaints that airline employees and contractors have mishandled their data.

  • March 21, 2024

    Sen. Warren Wants SEC To Probe Musk Control Of Tesla Board

    Sen. Elizabeth Warren, D-Mass., urged the U.S. Securities and Exchange Commission on Thursday to investigate whether Tesla's board of directors is independent from CEO Elon Musk, saying recent reports suggest the billionaire controls the board for his personal benefit.

  • March 21, 2024

    Atty Takes Fight Over VLSI's 'Extortion' Claims To Fed. Court

    A Minnesota lawyer and a company he is affiliated with are taking their dispute with patent outfit VLSI Technology to Virginia federal court in an effort to fend off accusations that he is behind an "extortion" effort disguised as a petition to the Patent Trial and Appeal Board.

  • March 21, 2024

    SpaceX's Severance Agreement Is Illegal, NLRB Attys Say

    The National Labor Relations Board's Seattle office claimed SpaceX's severance agreement included confidentiality and non-disparagement clauses that violate federal labor law, according to a complaint copy obtained by Law360 on Thursday, with board prosecutors asking for a recorded notice reading scheduled for workers across the country to attend.

  • March 21, 2024

    Chief Of Bogus PE Firm Gets 6 Years For $10M Affinity Fraud

    The Colorado-based CEO of a purported investment firm faces nearly six years in prison after pleading guilty to securities fraud in connection with a $10.4 million scheme targeting West Point grads and involving claims he planned to invest in a trio of Italian cycling companies.

  • March 21, 2024

    4 Things To Know About DOJ's Apple Antitrust Showdown

    As Apple prepares to fight state and federal prosecutors' monopoly claims filed Thursday, consumer advocates say it's high time allegations that the company stifles competition in the smartphone and app markets be taken to court, but Apple warns that a win for the government would harm its users.

  • March 21, 2024

    Microsoft, Meta, Others Say Apple Violating Court Order

    Major developers including Microsoft, Meta Platforms and Spotify have told a California federal court that Apple is not complying with an order secured by Epic Games barring Apple's use of anti-steering rules in the App Store.

  • March 21, 2024

    Ford Says $350K TM Jury Award Can't Be Boosted To $15M

    Ford Motor Co. on Wednesday urged a Michigan federal court to deny a tech company's request to boost an unfair competition award against Ford from less than half a million to $15 million because the tech company didn't challenge Ford's sales and profit data at trial. 

  • March 21, 2024

    Ex-CEO Says Social Media Profiles Are Tied To His Personality

    The former CEO of the company that makes Bang Energy drinks argued Thursday in a Florida federal court that a bankruptcy judge wrongly took away ownership of three social media accounts he created for the brand, saying his persona used in them was instrumental in successfully marketing its products.

  • March 21, 2024

    Conn. Judge Awards $59M Damages Payment In Crypto Feud

    A Connecticut state court judge has ordered an overseas business partner and his companies to pay $59.4 million to a bitcoin mining venture after he allegedly lied about both his criminal history and the legal woes of several other companies he controls while siphoning revenue and causing lost profits.

  • March 21, 2024

    Calif. Panel Revives Diner's COVID Sanitization Coverage Bid

    A California state appeals court revived a diner's bid for property insurance coverage of COVID-19 losses after it determined the restaurant credibly alleged direct physical losses and that the policy's language covering losses attributable to a virus applied to COVID-19 sanitization efforts.

  • March 21, 2024

    9th Circ. Won't Rethink Apple App Store Rival's Antitrust Suit

    A split Ninth Circuit panel has refused to rehear a rival app store developer's bid to revive an antitrust suit alleging that Apple monopolizes the market for app distribution on iOS devices with its App store.

  • March 21, 2024

    Unabomber Prosecutor To Probe FTX's Sullivan & Cromwell Ties

    The Delaware bankruptcy court overseeing the Chapter 11 case of FTX Trading Ltd. has approved the appointment of a former federal prosecutor, whose experience includes work on the Unabomber case, to delve into accusations Sullivan & Cromwell is conflicted as debtor's counsel.

  • March 21, 2024

    Pot Co. Seller Says Chancery Must Decide Curaleaf Dispute

    A court needs to determine which corporate records Curaleaf Holdings Inc. should turn over in its $13 million price adjustment dispute with the seller of a multistate cannabis dispensary before it goes before an independent accountant, the seller told Delaware's Court of Chancery on Thursday.

  • March 21, 2024

    Chicago Restaurant Biz Sanctioned For Missing Discovery

    A Cook County judge on Wednesday sanctioned the former management group behind celebrated Chicago eatery Maple & Ash and two associated entities for discovery violations, ordering them to pay attorney fees and costs spent seeking their compliance to information requests and warning that escalating penalties could be imposed if violations continue.

  • March 21, 2024

    Home Depot Reaches $20M Class Deal In False Blind-Ad Suit

    Home Depot has reached a roughly $20 million proposed class settlement to resolve allegations that it falsely advertised window treatments as discounted on Blinds.com and other websites, even though the products had never been offered at full price.

  • March 21, 2024

    Kroger's 'Smoked Gouda' Is Indeed Wood-Smoked, Judge Says

    Kroger Co. has defeated a proposed class action alleging deceptive labeling on its "smoked gouda," as an Illinois federal judge granted summary judgment Wednesday in an order referencing a declaration from the source company's president that the cheese goes through a wood-smoking process.

  • March 21, 2024

    Exxon Wants Mass. Oil Purchase Docs In Greenwashing Suit

    The Massachusetts attorney general's office told a judge Thursday that Exxon Mobil Corp. is attempting to relitigate already-barred defenses in an alleged "greenwashing" case by seeking documents from at least a dozen state agencies, including ones concerning decisions by those agencies to purchase the energy company's products.

  • March 21, 2024

    CFPB Head Sees Flaws In Capital One-Discover Deal Rationale

    The head of the Consumer Financial Protection Bureau pushed back on Thursday against the notion that an industry's biggest firms must be put in check through mergers between other large players in that sector, offering an indirect rebuttal to the reasoning floated by Capital One in its bid to buy Discover Financial for $35.3 billion.

  • March 21, 2024

    12 Ex-Constantine Cannon Attys Launch Whistleblower Firm

    A dozen attorneys who have represented whistleblowers from Facebook, Theranos and Boeing have left Constantine Cannon LLP to form their own stand-alone boutique to support whistleblowers and boost corporate accountability globally, according to a Thursday announcement.

  • March 21, 2024

    8th Circ. Wins SEC Climate Rule Litigation Lottery

    The wave of cases against the U.S. Securities and Exchange Commission's recently finalized climate disclosure rules will be consolidated and proceed in the Eighth Circuit, the U.S. Judicial Panel on Multidistrict Litigation ordered Thursday, after the agency requested a random draw.

  • March 21, 2024

    USPTO Expands Types Of E-Signatures Allowed For Patents

    The U.S. Patent and Trademark Office will allow filers to sign patent documents using a wider range of third-party electronic signature platforms, including DocuSign and Acrobat Sign, starting Friday.

Expert Analysis

  • Del. Ruling Stands Out In Thorny Noncompete Landscape

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    In Cantor Fitzgerald v. Ainslie, the Delaware Supreme Court last month upheld the enforceability of forfeiture-for-competition provisions in limited partnership agreements, providing a noteworthy opinion amid a time of increasing disfavor toward noncompetes and following a string of Chancery Court rulings deeming them unreasonable, say Margaret Butler and Steven Goldberg at BakerHostetler.

  • Class Actions At The Circuit Courts: February Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five notable circuit court decisions on topics from property taxes to veteran's rights — and provides key takeaways for counsel on issues including class representative intervention, wage-and-hour dispute evidence and ascertainability requirements.

  • A Refresher On Witness Testimony In 3 Key Settings

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    The recent controversy over congressional testimony from university presidents about antisemitism on campus serves as a reminder to attorneys about what to emphasize and avoid when preparing witnesses to testify before Congress, and how this venue differs from grand jury and trial proceedings, say Jack Sharman and Tyler Yarbrough at Lightfoot Franklin.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • Reassessing Trade Secrets Amid Proposed Noncompete Ban

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    The Federal Trade Commission's proposed ban on noncompete agreements as well as state bans make it prudent for businesses to reevaluate and reinvigorate approaches to trade secret protection, including knowing what information employees are providing to vendors, and making sure confidentiality agreements are put in place before information is shared, says Rob Jensen at Wolf Greenfield.

  • Opinion

    Exxon Court Should Clarify Shareholder Proposal Exclusion

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    ExxonMobil last month took the unusual action of asking a Texas federal judge whether a proposal from climate activists seeking to limit oil and gas sales could be excluded from its 2024 proxy statement, and the court should use this opportunity to reevaluate SEC policy and set clear limits on when shareholder proposals can be included, says Stephen Bainbridge at UCLA School of Law.

  • Mitigating The Risk Of Post-Closing M&A Earnout Disputes

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    Today's uncertain deal environment makes a well-crafted earnout an excellent way for parties to accomplish a desired transaction that would not otherwise occur, but transacting parties also need to take key steps to avoid the risk of post-closing disputes that earnouts can present, say Chad Barton and Claire Lydiard at Holland & Knight.

  • Understanding SEC's Focus Amid Lack Of Final AI Rules

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    Although the U.S. Securities and Exchange Commission's proposed rules to govern artificial intelligence are likely far from being finalized, understanding existing regulatory provisions that could address AI risks with respect to development, disclosure, compliance and data protection could help firms anticipate and avoid pitfalls, say attorneys at Skadden.

  • What's On The Horizon In Attorney General Enforcement

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    A look at recent attorney general actions, especially in the areas of antitrust and artificial intelligence, can help inform businesses on what they should expect in terms of enforcement trends as 10 attorney general races play out in 2024, say attorneys at Cozen O'Connor.

  • Preparing For DOJ's Data Analytics Push In FCPA Cases

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    After the U.S. Department of Justice’s recent announcement that it will leverage data analytics in Foreign Corrupt Practice Act investigations and prosecutions, companies will need to develop a compliance strategy that likewise implements data analytics to get ahead of enforcement risks, say attorneys at Cozen O'Connor.

  • Planning For Stymied HSR Filings At FTC If Shutdown Occurs

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    If the government were to shut down in early March, the inability to submit Hart-Scott-Rodino filings with the Federal Trade Commission would grind transactions to a halt, and parties should consider numerous implications as they are negotiating or planning to close pending transactions, say attorneys at DLA Piper.

  • How High Court SEC Case Could Affect The ITC

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    While the U.S. Supreme Court’s upcoming ruling in U.S. Securities and Exchange Commission v. Jarkesy will likely spare the U.S. International Trade Commission from major operative changes, the ITC’s ability to issue penalties for violations of its orders may change, say Gwendolyn Tawresey and Ryan Deck at Troutman Pepper.

  • 6th Circ. Ruling Breathes New Life Into Article III Traceability

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    The Sixth Circuit's recent decision in Hardwick v. 3M Co. to vacate a district court's certification of one of the largest class actions in American jurisprudence for lack of Article III standing has potentially broader implications for class action practice in the product liability sphere, particularly in medical monitoring cases involving far-fetched theories of causation, say attorneys at Skadden.

  • How 3 New Laws Change Calif. Nonprofits' Legal Landscape

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    Legislation that went into effect on Jan. 1 should be welcomed by California’s nonprofit organizations, which may now receive funding more quickly, rectify past noncompliance more easily and have greater access to the states’ security funding program, say Casey Williams and Brett Overby at Liebert Cassidy.

  • USCIS Fee Increases May Have Unintended Consequences

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    U.S. Citizenship and Immigration Services’ new fee schedule, intended to provide the agency with needed funds while minimizing the impact of higher fees on individual immigrants and their families, shifts too much of the burden onto employers, say Juan Steevens and William Coffman at Mintz.

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