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May 06, 2025
Google Calls Proposed Ad Tech Breakup 'Unworkable'
Google has told a Virginia federal court that fixes being proposed by enforcers in the ad tech monopolization case calling for the sale of its ad exchange and publisher-side tool are legally inappropriate and practically "unworkable."
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May 06, 2025
Trade Secrets Emerge As Path For Cos. To Protect AI Works
Classifying creations of artificial intelligence tools as trade secrets has become a viable alternative to copyrights and patents — a shift that is presenting businesses using AI with a range of strategies and risks they must consider to protect their innovations.
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May 06, 2025
Meta Wins $168M Verdict Against NSO Over WhatsApp Hack
A California federal jury found Tuesday that Israeli spyware-maker NSO Group owes Meta Platforms Inc. $444,719 in compensatory damages and a staggering $167.25 million in punitive damages for hacking 1,400 WhatsApp users' devices.
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May 06, 2025
Ex-Conrail CEO Says Saul Ewing Malpractice Suit Timely
Former Conrail CEO David LeVan has asked a Philadelphia judge to reject Saul Ewing LLP's argument that his legal malpractice lawsuit against the firm should be deemed untimely, arguing his case over the firm's handling of legal issues stemming from a failed Gettysburg casino project was subject to a tolling agreement.
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May 02, 2025
Republicans Tout Bill To Make App Stores Verify Users' Ages
Two Republican lawmakers introduced a bill Thursday to protect minor app users by requiring app stores and developers to vet their ages through a verification process and seek parental consent before allowing them to download apps or make any purchases.
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May 06, 2025
Stationery Co. Fights Bid To Move Tariff Case To Trade Court
The U.S. Court of International Trade does not have exclusive jurisdiction to hear disputes over President Donald Trump's global tariffs, a stationery company told a Florida federal court Monday in opposing the administration's bid to transfer to the suit.
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May 06, 2025
SafeMoon CEO Tells Jury Founder To Blame For Investor Fib
Counsel for a U.S. Army veteran in Utah who served as CEO of SafeMoon told a Brooklyn, New York, federal jury Tuesday that he did not conspire to loot the crypto company's assets, implying its fugitive founder is to blame for a key misrepresentation.
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May 06, 2025
4th Circ. Seems Split On BofA's Post-Merger Tax Offset Claims
The Fourth Circuit seemed split Tuesday on whether Bank of America should be able to use its tax overpayments to offset interest on tax underpayments by companies that merged into it, with one judge pressing the government to respond to what he described as the bank's "common sense" argument in the $163 million case.
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May 06, 2025
Disparate Impact Shift May Prevent EEOC Action On AI Bias
The Trump administration's directive that federal agencies stop recognizing disparate impact discrimination will likely stymie potential U.S. Equal Employment Opportunity Commission enforcement aimed at bias related to artificial intelligence, pushing states and private plaintiffs to the forefront of regulating workplace AI, experts say.
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May 06, 2025
6th Circ. Backs Convictions In FirstEnergy Scandal
The Sixth Circuit on Tuesday backed the convictions of former Ohio House Speaker Larry Householder and Republican lobbyist Matthew Borges for their roles in a FirstEnergy Corp. bribery scandal, saying in a published opinion that the jury instructions were clear enough to draw a distinction between legal campaign contributions and bribes.
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May 06, 2025
Calif. Agency Hits Retailer In Latest Privacy Enforcement Strike
The California Privacy Protection Agency revealed its second action under a state data privacy law on Tuesday, requiring national clothing retailer Todd Snyder Inc. to pay more than $345,000 and overhaul its business practices to resolve claims that the company mishandled requests by consumers to stop the sale and sharing of their personal information.
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May 05, 2025
Ex-OneTaste Leaders Face Trial On Forced Labor Charges
After nearly three years of bruising pretrial litigation, jury selection began Monday for OneTaste founder and "orgasmic meditation" advocate Nicole Daedone and her former deputy over allegations that they extracted free labor from followers by fostering an abusive environment at the sexual wellness company.
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May 05, 2025
Apple Hit With Developer Suit After App Store Contempt Order
Apple has been hit with a developer's proposed class action after a California federal judge last week agreed with Epic Games that the tech giant violated her order prohibiting App Store rules that prevent developers from steering users to alternative payment options.
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May 05, 2025
Are Circuits Suddenly Split 11-1 Over Forum Selection Fights?
Holy split! That exclamation would be a reasonable reaction to a new and lopsided divide described by industrial giant Honeywell, which contends that the Seventh Circuit abruptly and erroneously broke with all its sister circuits regarding enforcement of forum selection clauses.
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May 05, 2025
8th Circ. Backs Boehringer's Copyright Win Over Software Co.
The Eighth Circuit upheld a district court's conclusion that Boehringer Ingelheim's veterinary arm and other companies did not infringe the copyrights of software company InfoDeli, saying in an opinion Monday that some elements of the online platforms that InfoDeli built were not entitled to protection.
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May 05, 2025
Citizens Policy May Cover BIPA Claim, 7th Circ. Says
An Illinois food ingredient manufacturer may be able to tap into one of its Citizens insurance policies for coverage of an underlying biometric privacy suit, if the company can prove it provided the insurer with timely notice of the claim, the Seventh Circuit said.
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May 05, 2025
Credit Suisse To Pay Feds $510.6M For Helping Hide Assets
Credit Suisse Services AG has agreed to shell out more than $510 million under agreements with federal prosecutors in which the company admitted to helping customers hide more than $4 billion from the IRS in hundreds of offshore accounts, the U.S. Department of Justice announced Monday.
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May 05, 2025
Regeneron, Amgen Open Drug 'Bundling' Trial In Del.
The founder and CEO of Regeneron Inc. told a federal jury in Delaware on Monday that a major pharmacy benefit insurer told him in mid-2020 his company was wasting its time in trying to keep a cholesterol-drug supply contract, with Amgen Inc. offering a better-priced but allegedly anticompetitive multidrug portfolio.
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May 05, 2025
Officials Seek More Depo Time In Live Nation Antitrust Suit
U.S. officials have asked a Manhattan federal court to extend deposition time in a lawsuit accusing Live Nation of anticompetitive practices in ticket sales to live entertainment events, saying they need more hours to seek testimony from several entities and individuals who were recently disclosed in the case.
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May 05, 2025
House GOP Eyes Expanded CFTC Oversight Of Crypto
House Republicans indicated Monday that they want the U.S. Commodity Futures Trading Commission to play a key role in overseeing digital asset markets, a draft proposal that followed weekend pushback from Democratic senators opposed to other crypto legislation targeting so-called stablecoins.
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May 05, 2025
How Law Firms Have Handled The EEOC's Push For DEI Data
Perkins Coie LLP dug in its heels and scored a court order quashing the U.S. Equal Employment Opportunity Commission's inquiry into its diversity, equity and inclusion programs, while seven other firms the EEOC targeted opted to negotiate. Here’s what Law360 knows about what law firms have done in response to the commission’s March request for workplace diversity information.
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May 05, 2025
USPTO's AI Head Latest To Leave Agency
The U.S. Patent and Trademark Office's leader for all matters related to artificial intelligence will be departing the agency, according to a source familiar with personnel moves at the agency.
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May 05, 2025
Burger King Can't Chop Claims It Cooked Up Misleading Ads
Burger King can't toss a proposed class action alleging its advertisements misrepresent the size and amount of toppings in its iconic Whopper hamburger, a Florida federal judge ruled Monday, saying the consumers have plausibly alleged the advertisement photos "go beyond mere exaggeration or puffery."
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May 05, 2025
Levi Strauss Beats Former Exec's Sex-Bias Suit At Trial
A California federal jury Monday cleared Levi Strauss of sex-bias claims brought by a former company executive who claims she was skipped over for a senior director's role after announcing her pregnancy, reaching their decision in about 20 minutes after a one-week trial.
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May 05, 2025
Google Ads Advertisers Ask For Class Cert. In MDL
A group of advertisers in multidistrict litigation accusing Google of violating antitrust law through its control over key ad technology has asked a New York federal court to certify it as a class.
Expert Analysis
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Crunching The Numbers Of Trump SEC's 1st 100 Days
During the first 100 days of the second Trump administration, the U.S. Securities and Exchange Commission brought significantly fewer stand-alone enforcement actions than at the beginning of the Biden and the first Trump administrations, with every one of the federal court complaints including allegations of fraudulent conduct, say attorneys at Dentons.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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Addressing D&O Allocation Questions Amid Shifting Economy
As increasing global insolvency this year may lead to an increase in directors and officers insurance claims, businesses should review their policies' allocation provisions to avoid negotiating how coverage will apply to covered and uncovered claims during a suit, say attorneys at Reed Smith.
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A Look At Probabilistic Tracing After High Court's Slack Ruling
Recent decisions following the U.S. Supreme Court's 2023 ruling in Slack v. Pirani have increased the difficulty of pleading Securities Act claims for securities issued in direct listings by rejecting the use of statistical probabilities to establish that share purchases were traceable to a challenged registration statement, says Jonathan Richman at Brown Rudnick.
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3 Change Management Tools To Boost Compliance Efforts
As companies grapple with rapidly changing regulations and expectations, leaders charged with implementing their organizations’ compliance programs should look to change management principles to make the process less costly and more effective, says Liisa Thomas at Sheppard Mullin.
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FDIC Rules Rollback Foretells More Pro-Industry Changes
The Federal Deposit Insurance Corp.’s March withdrawal of Biden-era proposals to tighten brokered deposit rules and impose new corporate governance standards shows that acting chair Travis Hill’s commitment to reviewing regulations that may restrict growth and innovation for financial institution and fintech companies is unlikely to flag soon, say attorneys at Cooley.
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NY Tax Talk: Sourcing, Retroactivity, Information Services
Attorneys at Eversheds Sutherland examine recent decisions by New York’s Tax Appeals Tribunal, Division of Taxation and Court of Appeals on location sourcing of broker-dealer receipts, a case of first impression on the retroactive application of Corporate Franchise Tax regulations and when fees for information services are excluded from taxation.
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SEC Update May Ease Accredited Investor Status Verification
The U.S. Securities and Exchange Commission recently opened a new avenue to verifying accredited investor status, which could encourage more private fund sponsors and other issuers to engage in a general solicitation with less fear that they will lose the offering's exemption from registration under the Securities Act, say attorneys at Simpson Thacher.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Del. Dispatch: Open Issues After Corp. Law Amendments
Recent amendments to the Delaware General Corporation Law represent a significant change in the future structuring of boards and how the First State will approach conflicted transactions, but Delaware courts may interpret the amendments narrowly, limiting their impact, say attorneys at Fried Frank.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.
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What Del. Supreme Court LKQ Decision Means For M&A Deals
The Delaware Supreme Court's recent decision in LKQ v. Rutledge greatly increases the enforceability of forfeiture-for-competition provisions, representing an important affirmation of earlier precedent and making it likely that such agreements will become more common in M&A transactions, say attorneys at Mayer Brown.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
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How High Court's Cornell Decision Will Affect ERISA Suits
The U.S. Supreme Court's recent decision in Cunningham v. Cornell, characterizing prohibited transaction exemptions as affirmative defenses, sets the bar very low for initiating Employee Retirement Income Security Act litigation, and will likely affect many plan sponsors with similar service agreements, says Carol Buckmann at Cohen & Buckmann.
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Aviation Watch: New FAA Chief Will Face Strong Headwinds
Once confirmed, Bryan Bedford, President Donald Trump's nominee to head the Federal Aviation Administration, will face steep challenges — including a shortage of air traffic controllers, a recent spate of high-profile crashes, and the difficulty of working within an administration intent on cutting staffing and funding, says Alan Hoffman, a retired attorney and aviation expert.