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May 06, 2024
Salesforce Inks 11th Hour ERISA Deal With Up To 50K Workers
Salesforce has inked an eleventh-hour settlement with a certified class of up to 50,000 employees alleging the company violated ERISA by allowing its 401(k) plan to be filled with expensive and poorly performing investment options, preempting a bench trial scheduled for Monday, a court clerk told Law360.
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May 06, 2024
JPMorgan Accused Of Failing To Protect Account Data
JPMorgan Chase & Co. failed to protect sensitive personal information for individuals whose retirement accounts it administered, causing at least 451,000 people to have identifiable data stolen over the past three years, according to a proposed class action filed in New York federal court.
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May 06, 2024
Catching Up With Delaware's Chancery Court
A record $100 million settlement, a fishy Facebook decision, a canceled Amazon delivery and an upended $7.3 billion sale dispute topped the news out of Delaware's Court of Chancery last week. There were also new cases involving Hess, Microsoft and the 2022 World Cup.
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May 06, 2024
SEC Settles Insider Info Charges With CBD Co.'s Ex-Chairman
The U.S. Securities and Exchange Commission has announced a settlement with the former chairman of Neptune Wellness Solutions Inc. to resolve charges that he leaked inside information about the company's then-pending purchase of SugarLeaf Labs Inc. to a friend's wife.
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May 06, 2024
Ga. Judge Blows Whistle On Football Squad's League Flip
After a false start last month, a Georgia federal judge on Monday granted an indoor football league's request to block one of its former teams from jumping ship and competing in the rival Arena Football League, adding to the AFL's growing troubles just two weeks into its season.
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May 06, 2024
Synopsys Selling Software Biz To PE Firms In $2.1B Deal
Software firm Synopsys Inc. on Monday announced that it is selling its Software Integrity Group business to private equity firms Clearlake Capital Group LP and Francisco Partners for up to $2.1 billion in a deal built by three firms.
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May 06, 2024
SEC Targets Robinhood's Crypto Unit For Possible Lawsuit
Robinhood Markets Inc. notified investors Monday that the U.S. Securities and Exchange Commission plans to sue its crypto arm for allegedly failing to register as a securities brokerage firm and clearing agency, saying the agency could go as far as demanding that the platform be shut down.
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May 06, 2024
Perficient Stock Soars On $3B Buyout By EQT Asia Fund
St. Louis-based digital consultancy Perficient Inc. said it has agreed to be taken private by an affiliate of Swedish private equity firm EQT's Baring Asia Private Equity Fund VIII at an approximately $3 billion enterprise value, a disclosure that sent Perficient's stock soaring more than 50% on Monday.
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May 06, 2024
NY Judge Holds Trump In Contempt Again, Threatens Jail
Donald Trump was once again slapped with criminal contempt and a fine on Monday after the New York judge presiding over his hush money case found that he violated a gag order for the 10th time, explicitly warning that further violations could land the former president in jail.
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May 03, 2024
Meta Asks 9th Circ. To Revisit Predominance In Ad Class Cert.
Meta Platforms Inc. on Friday asked the Ninth Circuit to take a fresh look at a split panel decision affirming certification of a damages class of potentially millions of advertisers who were allegedly deceived about Facebook's "potential reach" tool, taking issue with the panel majority's "sweeping" interpretation of the predominance requirement.
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May 03, 2024
The Privacy Report: Legislative Moves You May Have Missed
Tennessee's enactment of new restrictions on teens' social media use led the charge this week amid a flurry of state and federal efforts to increase protections for minors online, while Connecticut faces a looming deadline to become the first state with a comprehensive framework for regulating artificial intelligence.
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May 03, 2024
Samsung Seeks $6.7M In Fees After Beating $4B Patent Case
Samsung asked U.S. District Judge Alan Albright to award it $6.7 million in attorneys' fees after beating a $4 billion infringement suit over two semiconductor patents, saying the patent holder's "exceptional misconduct" during the litigation warrants the requested award, according to a motion unsealed on Friday.
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May 03, 2024
Hagens Berman To Spearhead Litigation Over Skin Tech Woes
Hagens Berman Sobol Shapiro LLP was appointed lead counsel in securities litigation claiming Beauty Health Co. hid the news of a defective skin care device, beating competing bids from Glancy Prongay & Murray LLP and Pomerantz LLP, according to an order in Delaware federal court.
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May 03, 2024
Real Estate Authority: Dirty Money, Forever Chems, Housing
Law360 Real Estate Authority covers the most important real estate deals, litigation, policies and trends. Catch up on this week's developments by state — as well as on the illicit billions tucked away in commercial real estate, attorney takeaways from new "forever chemical" designations, and one foreign investor's bet on U.S. housing.
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May 03, 2024
Judge Asks About Ad Quality As Google Search Trial Wraps
The D.C. federal judge overseeing the government's search monopolization case against Google peppered attorneys from both sides on Friday during the final day of trial arguments about how to address Google's contention that it raises ad prices to coincide with product improvements.
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May 03, 2024
Binance Founder's Sentence Shaped By Plea And Apology
Binance founder Changpeng Zhao's willingness to cooperate with law enforcement and accept responsibility in court for the crypto exchange's anti-money laundering violations helped the former CEO land a deal with prosecutors that got him a relatively short prison sentence to close out a yearslong investigation.
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May 03, 2024
Hope Hicks Tells Jury Of 'Access Hollywood' Tape Fallout
Hope Hicks, a former senior aide to Donald Trump, took the witness stand Friday in the former president's Manhattan hush money trial and described the fallout during the 2016 campaign after the release of the notorious "Access Hollywood" video and as word of his alleged extramarital affairs began to spread.
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May 03, 2024
Employment Authority: EEOC's New Harassment Guidance
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on the five takeaways from the U.S. Equal Employment Opportunity Commission's long-awaited guidance on workplace harassment, the wage and hour cases that are changing federal arbitration and a National Labor Relations Board decision on severance agreements lands in the Sixth Circuit.
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May 03, 2024
Biden's AI Guidance For Gov't May Need More Risk Controls
The Biden administration's latest guidance for federal agencies' purchases of generative artificial intelligence technologies doesn't fully account for risks such as systems failing to work as intended, and could therefore fail to deter agencies from ill-advised investments, according to experts.
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May 03, 2024
Panama Builder Seeks TRO In Del. After Port Case Remand
Victims of an alleged "brazen and intricate" international scheme to steal an entire $1.4 billion Panama Canal port project by way of sham Delaware companies and claims urged a Delaware vice chancellor on Friday to convene a temporary restraining order hearing next week to sidetrack the effort.
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May 03, 2024
Freddie Mac, Insurer Settle $32M SEC Probe Coverage Dispute
Government-backed lender Freddie Mac told a Washington, D.C., federal court Friday that it has settled with an insurer in a $32 million coverage suit stemming from civil actions and federal probes around its collapse during the 2008 global financial crisis.
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May 03, 2024
Gannett Can't Dodge Tax Firm's Defamation Case
Gannett Co. can't escape a defamation case accusing it of writing misleading articles saying Ryan LLC, a tax services and technology firm, engaged in shady business practices, a Texas appeals court ruled, finding the media giant isn't shielded from the claims by the Lone Star State's anti-SLAPP law.
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May 03, 2024
Google Blasts Epic's Post-Verdict Play Store Reforms Bid
Google is hitting back at Epic Games' proposed injunction following its jury win on antitrust claims related to the Google Play Store and Android apps, telling a California federal judge Thursday that Epic's proposed rules cover conduct that was not presented to the jury and is "purely hypothetical."
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May 03, 2024
Nikola Ends Board Takeover Suit As Ex-CEO's Noms Withdraw
An Arizona federal judge on Thursday agreed to toss Nikola Corp.'s complaint against its former CEO and convicted felon Trevor Milton and several others accusing them of an illegal board takeover by pushing unqualified candidates, after the defendants withdrew their board nominees and the parties amicably resolved the dispute.
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May 03, 2024
Chemours Escapes NJ Security Guard's Slip-And-Fall Suit
A New Jersey security guard who slipped and fell outside a Chemours facility can't sue the chemical manufacturer or the companies it contracted to shovel away snow, a state appeals court has ruled, saying they didn't owe him a duty of care because he ventured out to do his job during an ongoing storm.
Expert Analysis
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Reverse Veil-Piercing Ruling Will Help Judgment Creditors
A New York federal court’s recent decision in Citibank v. Aralpa Holdings, finding two corporate entities liable for a judgment issued against a Mexican businessman, shows the value of reverse veil piercing as a remedy for judgment creditors to go after sophisticated debtors who squirrel away assets, says Gabe Bluestone at Omni Bridgeway.
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Address Complainants Before They Become Whistleblowers
A New York federal court's dismissal of a whistleblower retaliation claim against HSBC Securities last month indicates that ignored complaints to management combined with financial incentives from regulators create the perfect conditions for a concerned and disgruntled employee to make the jump to federal whistleblower, say attorneys at Cooley.
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Ensuring Nonpublic Info Stays Private Amid SEC Crackdown
Companies and individuals must take steps to ensure material nonpublic information remains confidential while working outside the office, as the U.S. Securities and Exchange Commission continues to take enforcement actions against those who trade on MNPI and don't comply with new off-channel communications rules in the remote work era, say attorneys at BakerHostetler.
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What Cos. Are Reporting Under New SEC Cybersecurity Rule
Four months after its effective date, 14 companies have made disclosures under the U.S. Securities and Exchange Commission's mandatory cybersecurity incident reporting rule, and some early trends are emerging, including a possible rush to file, say attorneys at Debevoise.
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10 Tips For ESG Disclosure Compliance In Private Funds
Excerpt from Practical Guidance
As regulators increase scrutiny of misleading claims about environmental, social and governance investments, private fund sponsors should consider several practical tips for communicating accurately with potential investors, drafting comprehensive disclosures and establishing internal policies that can keep pace with evolving compliance requirements, says Jonathan Rash at Ropes & Gray.
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The Practical Effects Of Justices' Arbitration Exemption Ruling
The U.S. Supreme Court's recent decision in Bissonnette v. LePage Bakeries, that a transportation worker need not work in the transportation industry to be exempt from the Federal Arbitration Act, may negatively affect employers' efforts to mitigate class action risk via arbitration agreement enforcement, say Charles Schoenwetter and Eric Olson at Bowman and Brooke.
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Highlights From The 2024 ABA Antitrust Spring Meeting
U.S. merger enforcement and cartels figured heavily in this year's American Bar Association spring antitrust meeting, where one key takeaway included news that the Federal Trade Commission's anticipated changes to the Hart-Scott-Rodino form may be less dramatic than many originally feared, say attorneys at Freshfields.
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What FERC's Disclosure Demands Mean For Cos., Investors
Two recent Federal Energy Regulatory Commission orders reflect the commission's increasingly meticulous approach to reviewing corporate structures in applications for approval of proposed consolidations, acquisitions or changes in control — putting the onus on the regulated community to track and comply with ever-more-burdensome disclosure requirements, say attorneys at Willkie.
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Why Corporate DEI Challenges Increasingly Cite Section 1981
As legal challenges to corporate diversity, equity and inclusion initiatives increase in the wake of the U.S. Supreme Court's ruling on race-conscious college admissions last year, Section 1981 of the Civil Rights Act is supplanting Title VII as conservative activist groups' weapon of choice, say Mike Delikat and Tierra Piens at Orrick.
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How Duty Of Candor Figures In USPTO AI Ethics Guidance
The duty of candor and good faith is an important part of the artificial intelligence ethics guidance issued last week by the U.S. Patent and Trademark Office, and serious consequences can visit patent and trademark applicants who violate that duty, not just their attorneys and agents, says Michael Cicero at Taylor English.
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Corp. Transparency Act Could Survive 11th Circ. Several Ways
If the Eleventh Circuit upholds an Alabama federal court’s injunction against the Corporate Transparency Act, the anti-money laundering law could persist as a narrower version that could moot some constitutional challenges, but these remedies would likely generate additional regulatory or statutory ambiguities that would result in further litigation, say attorneys at Perkins Coie.
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Del. Match.com Ruling Maintains Precedent In Time Of Change
Despite speculation that the Delaware Supreme Court could drive away corporations if it lowered the bar for business judgment review in its Match.com stockholder ruling, the court broke its recent run of controversial precedent-busting decisions by upholding, and arguably strengthening, minority stockholder protections against controller coercion, say Renee Zaytsev and Marc Ayala at Boies Schiller.
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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.