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May 09, 2024
Chicken Farmers Win Cert. Of 24K Class In No-Poach Suit
An Oklahoma federal judge has certified a class of more than 24,000 broiler chicken farmers accusing Pilgrim's Pride of conspiring with others to suppress grower compensation through no-poach agreements, noting the plaintiffs provided direct and circumstantial evidence to show the existence of an antitrust conspiracy affecting all farmers.
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May 09, 2024
Avid Can't Escape Spoofing Suit From 48 States, Judge Says
A suit from nearly 50 states accusing Avid Telecom of allowing billions of illegal robocalls can proceed to discovery after an Arizona federal judge ruled Wednesday that more fact-finding would be needed to determine whether the company should be considered a common carrier.
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May 09, 2024
DOJ Task Force To Target Healthcare Monopoly, Collusion
The U.S. Department of Justice's Antitrust Division sharpened its focus Thursday on healthcare platforms that combine doctors with insurers, data and more in what the administration's top competition official called the "alarming" accumulation of assets.
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May 09, 2024
Judge Mulls Twitter's Rent Intent In Colo. Eviction Fight
A Colorado state judge asked a Boulder landlord Thursday why Twitter's intent mattered when it stopped paying rent after being acquired by Elon Musk, as the landlord fights for access to records to rebut the social media company's wrongful eviction claims.
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May 09, 2024
GOP Sens. Call Biden's Bluff On US Steel-Nippon
Three Republican senators urged President Joe Biden on Thursday to block Nippon Steel's planned $14.9 billion acquisition of U.S. Steel, calling his prior comments opposing the deal "worthless" while claiming he has the authority to terminate the deal immediately under laws that address "a national emergency."
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May 09, 2024
Ex-Exec Should Get 78 Months For $5M Theft, Gov't Says
Prosecutors on Wednesday asked that a Georgia federal judge sentence a former Facebook and Nike diversity executive who stole more than $5 million from the companies to 78 months in prison and order her to pay $5.1 million in restitution.
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May 09, 2024
Senate Panel OKs Ban On Mandatory Age Bias Arbitration
The Senate Judiciary Committee advanced a bill out of committee Thursday that would ban the mandatory arbitration of workplace age discrimination claims in a vote that garnered the support of both Democrats and Republicans.
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May 09, 2024
Coverage Recap: Day 10 Of Trump's NY Hush Money Trial
Law360 reporters are providing live updates from the Manhattan criminal courthouse as Donald Trump goes on trial for allegedly falsifying business records related to hush money payments to porn star Stormy Daniels ahead of the 2016 election. Here's a recap from day 10.
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May 09, 2024
Mobile Carriers Pay $10M To End 50 AGs' Deceptive Ad Claims
A coalition of nearly all the country's state attorneys general on Thursday announced $10.25 million in settlements that AT&T, Verizon and T-Mobile have agreed to pay to end a multistate probe into the wireless carriers' allegedly misleading advertising practices.
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May 09, 2024
Chancery Tosses Qualcomm Investor's Diversity Suit
A shareholder who sued Qualcomm Inc. for allegedly misleading the public and investors about its efforts to diversify its board has failed to show that the company didn't consider diverse candidates, Delaware's Court of Chancery said Thursday, dismissing the shareholder's case.
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May 09, 2024
Acting Labor Sec. Urges Senate Panel To Back DOL Funding
Acting Labor Secretary Julie Su on Thursday defended President Joe Biden's U.S. Department of Labor budget, telling a Senate panel that such funding is necessary to recover workers' stolen wages and fight unlawful child labor, among other priorities.
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May 09, 2024
Del. Supreme Court Rejects Mid-Case Appeals In Oil Harm Suit
Observing a mid-case appeal would "further complicate and delay an already complex litigation," Delaware's Supreme Court has refused to review claims dismissed or retained in an ongoing, potential landmark suit seeking state-level damages for fossil-fuel company emissions tied to climate change.
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May 09, 2024
Nike Denied Nursing Workers Lactation Spaces, Suit Says
Nike failed to provide nursing employees with adequate breaks or spaces to express breast milk and told a manager that she was setting a bad example for her team when she asked to pump milk outside of her scheduled breaks, a lawsuit filed in Los Angeles County superior court said.
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May 09, 2024
FTC's Exxon-Pioneer Nod Sets New Tone For Oil & Gas M&A
The close of Exxon Mobil Corp.'s $60 billion purchase of Pioneer Natural Resources shows that even the largest oil and gas deals can overcome heavy regulatory and political scrutiny, but an agreement Exxon struck with the Federal Trade Commission puts other energy companies pursuing deals on notice about their public communications.
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May 09, 2024
Trump SPAC Investor Convicted Of Insider Trading
A Manhattan federal jury on Thursday convicted a Florida investment pro of securities fraud and conspiracy for allegedly exploiting confidential plans to take Donald Trump's media company Truth Social public in a $23 million insider trading case.
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May 09, 2024
Ex-Pharma Exec Asks 1st Circ. To DQ Judge In Contempt Case
U.S. District Judge Mark Wolf cannot be impartial and must be disqualified from presiding over a criminal contempt trial against a former pharmaceutical executive accused of using an alias to flout a civil judgment, the defendant told the First Circuit in a Wednesday filing.
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May 09, 2024
Deals Rumor Mill: Paramount, Peloton, International Paper
Sony and Apollo plan to break up Paramount if their $26 billion bid prevails, private equity firms are eyeing a Peloton buyout, and International Paper gets a $15 billion bid from Brazil's Suzano. Here, Law360 breaks down the notable deal rumors from the past week.
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May 09, 2024
Ex-Goldman Banker Fights US Extradition On Bribery Charges
A former Goldman Sachs banker wanted in the U.S. for allegedly bribing Ghanaian officials fought the decision by the U.K. to extradite him on Thursday, arguing that the alleged offense took place in London when he was an employee of the investment bank.
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May 09, 2024
Justices Say Copyright Damages Can Go Beyond 3 Years
The U.S. Supreme Court concluded Thursday that plaintiffs in copyright ownership disputes can recover damages beyond the three-year statute of limitations for bringing a claim, rejecting Warner Chappell Music's argument that the only time that could happen is in cases involving fraud.
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May 08, 2024
Kroger Must Keep Fighting Metal-Tainted Baby Food Claims
An Ohio federal judge Wednesday refused to throw out a proposed class action accusing the Kroger Co. and its subsidiaries of selling baby food tainted with toxic metals, ruling that the mothers who sued have plausibly alleged that they wouldn't have purchased the product had they known the truth.
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May 08, 2024
Amazon Seeks To Ax $525M Verdict Over Data Storage Patents
Amazon asked an Illinois federal judge Wednesday to throw out a jury's verdict that the e-commerce giant owes $525 million for infringing three of Kove IO's patents relating to cloud data storage technology, saying the Chicago software company didn't actually prove infringement.
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May 08, 2024
AGs Blast Federal Data Privacy Law's Proposed State Override
California joined attorneys general from more than a dozen other states and Washington, D.C., on Wednesday to urge Congress to ensure that proposed federal data privacy legislation sets a "floor, not a ceiling" that would preserve more stringent protections states have enacted and allow them to add new laws to address rapid technological developments.
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May 08, 2024
Ritz-Carlton Can't Dump Suit Over 'Semen-Contaminated' Water
The Ritz-Carlton Hotel Co. must face the majority of a couple's lawsuit alleging they were served water that had been contaminated with an employee's semen at its Half Moon Bay resort, a California federal judge ruled after dismissing claims against the hotel's parent company Marriott International.
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May 08, 2024
Apple Judge Skeptical Tech Giant Complying With Epic Order
The California federal judge overseeing Epic's antitrust suit against Apple reacted skeptically Wednesday to an Apple executive's claim that it has fully complied with her order aimed at allowing app developers to send users to outside payment platforms, saying some of Apple's new rules appear to "stifle competition."
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May 08, 2024
Fuel Truck Exec Cops To Rigging Firefighting Contract Bids
An Idaho fuel truck company executive accused of conspiring with others to manipulate bids for U.S. Forest Service firefighting contracts to suppress other competitors in the market over an eight-year period pled guilty Wednesday in federal court, according to the U.S. Department of Justice.
Expert Analysis
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Insurance Implications Of Trump's NY Civil Fraud Verdict
A New York state trial court’s $450 million judgment against former President Donald Trump and affiliated entities for valuation fraud offers several important lessons for companies seeking to obtain directors and officers insurance, including the consequences of fraudulent misrepresentations and critical areas of underwriting risk, says Kevin LaCroix at RT ProExec.
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Opinion
European Union Criticisms Of The FCPA Are Misguided
Some in the European Union have criticized U.S. enforcement of the Foreign Corrupt Practices Act for what they perceive as jurisdictional overreach, but this appears to overlook the crucial fact that jurisdiction is voluntary, and critics should focus instead on the lack of equivalent laws in their own region, say John Joy and YuTong Wang at FTI Law.
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Del. Dispatch: How Moelis Upends Stockholder Agreements
The Delaware Court of Chancery's Moelis decision last month upended the standard corporate practice of providing governance rights in stockholder agreements and adds to a recent line of surprising decisions holding that long-standing, common market practices violate Delaware law, say attorneys at Fried Frank.
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Business Litigators Have A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.
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Understanding Insurance Is Key To Limiting Antitrust Liability
As regulators signal their intent to continue last year's aggressive campaign of corporate antitrust litigation, businesses must make active management of their liability insurance policies, along with a firm knowledge of the limits of their coverage, central to their strategies for limiting the enormous financial risks of enforcement, say attorneys at Nossaman.
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Takeaways From USPTO's AI-Assisted Invention Guidance
Recently issued guidance from the U.S. Patent and Trademark Office clarifies how patent inventorship is to be determined when AI is involved, and while the immediate risk of prosecution for failing to meet the new standards appears low, the extent of examiners’ scrutiny remains to be seen, say attorneys at Foley & Lardner.
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What FTC's 'Killer Acquisition' Theory Means For Pharma Cos.
The Federal Trade Commission's recent lawsuit to block Sanofi's acquisition of a pharmaceutical treatment developed by Maze Therapeutics builds on previous enforcement actions and could indicate the agency's growing willingness to use its so-called killer acquisition theory against perceived attempts to eliminate nascent competition, say attorneys at Morgan Lewis.
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Under The Hood Of The SEC Securitization Conflict Rule
Elanit Snow and Julia Vitter of Proskauer consider the U.S. Securities and Exchange Commission's recently finalized rule that prohibits conflicts of interest in certain securitization transactions, uncovering what the new regulation does and doesn’t entail, why it was adopted, and how commenters' remarks affected the process.
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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Tips For Counsel Seeking Balance In The ESG Political Divide
Corporate counsel tasked with navigating environmental, social and governance factors in the current polarized political environment should not lose sight of best practices, including sticking to what the law requires and always telling the truth, say Jennifer Rubin at Mintz and Mike Rider at ResMed.
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Assessing Chinese Cross-Border Data Transfers
Jet Deng and Ken Dai at Dacheng unpack the regulatory framework for cross-border data transfers in China, detailing the major systems at play, last year's policy adjustments, and an outlook and practice tips for businesses.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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Valeant Ruling May Pave Way For Patent-Based FCA Suits
The Ninth Circuit’s recent ruling in Silbersher v. Valeant marks a significant development in False Claims Act jurisprudence, opens new avenues for litigation and potentially raises the stakes for patent applicants who intend to do business with the government, say Joshua Robbins and Rick Taché at Buchalter.
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The Corporate Transparency Act Isn't Dead Yet
After an Alabama federal court's ruling last week rendering the Corporate Transparency Act unconstitutional, changes to the law may ultimately be required, but ongoing compliance is still the best course of action for most, says George Singer at Holland & Hart.
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How Advance Notice Bylaws Are Faring In Del. Courts
Recent decisions make it clear that the Delaware Chancery Court is carefully reviewing public companies' amended advance notice bylaws in order to balance the competing interests of boards and shareholders, and will likely strike down bylaws that improperly interfere with stockholder franchises, say attorneys at Olshan Frome.