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May 30, 2024
Here's What Comes Next After Trump's Conviction
Donald Trump's forthcoming appeal of his historic conviction Thursday in the New York hush money case could include challenges to the state's evidence and jury instructions, but it's unlikely the case will be resolved before Election Day.
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May 30, 2024
Divided FTC Won't Delay Kroger-Albertsons In-House Case
The Federal Trade Commission's three Democrats refused Wednesday to delay the agency in-house challenge to Kroger's $24.6 billion purchase of Albertsons, blaming the grocery giants for their scheduling challenges and drawing a sharp dissent from the FTC's two Republicans.
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May 30, 2024
DOJ's Kanter Says AI Cos. Could Exploit Creators
The head of the U.S. Department of Justice Antitrust Division, Jonathan Kanter, said Thursday that a lack of competition between artificial intelligence companies could allow them to exploit writers, artists and other content creators.
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May 30, 2024
FTC, Novant Ask To Delay In-House Trial On Merger Challenge
The Federal Trade Commission and Novant Health have asked to postpone an upcoming administrative hearing over the nonprofit's proposed purchase of two North Carolina hospitals, a purchase that regulators are concerned will dampen competition in the region, according to a notice filed in federal court.
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May 30, 2024
Solar Tech Co. Faces Investor Suit Over Slow '23 Growth
Energy technology company Enphase Energy Inc. has been hit with a proposed shareholder class action alleging the company and its executives failed to disclose slow growth trends, including a decrease in battery shipments, resulting in share price declines when the information was revealed to investors.
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May 30, 2024
Chancery Rejects Do-Over Of THC-Drink Co. Legal Fee Fight
Two directors of a cannabis-infused drink startup who sued the Minnesota-based company for unpaid legal fees will not get a second chance to argue that they deserve more than what the court already awarded, Delaware's Court of Chancery said Thursday.
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May 30, 2024
Terraform, SEC Reach 'Settlement In Principle' In Crypto Case
Crypto firm Terraform Labs and its creator Do Kwon appear to have reached an agreement with the U.S. Securities and Exchange Commission to settle remedies after the firm and its founder were held liable for fraud by a Manhattan jury.
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May 30, 2024
Target's Surveillance System Violates BIPA, Shoppers Say
Target faces a proposed class action in Illinois federal court filed Thursday accusing it of gathering shoppers' biometric data through surveillance systems and other sophisticated technology in its campaign to prevent organized retail theft, while failing to advise it is doing so or obtaining their permission.
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May 30, 2024
Sen. Dems Call On DOJ To Prevent Price-Fixing In Oil Industry
Senate Majority Leader Chuck Schumer, D-N.Y., led a group of Senate Democrats in calling on the U.S. Department of Justice on Thursday to do everything in its power to prevent and prosecute price-fixing and collusion in the oil industry.
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May 30, 2024
NCAA V. Athletes Suits Paused As Parties Talk Final Deal
The consolidated cases in the class action against the NCAA over athletes' name, image and likeness compensation were stayed by a California federal judge Thursday, the next step toward finalizing the multibillion-dollar settlement the two sides reached last week.
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May 30, 2024
Donald Trump Convicted Of All 34 Counts In NY Trial
Former President Donald Trump was convicted by a Manhattan jury Thursday of 34 felonies over a plot to illegally sway the 2016 presidential election in his favor by concealing hush money payments to porn actress Stormy Daniels.
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May 30, 2024
The 'Not-Postings' Of A Delaware Chancery Court Judge
Close observers of Delaware's Court of Chancery have recently gotten a new window into the First State's preeminent court of equity: Delaware Vice Chancellor J. Travis Laster, one of seven judges on the court's bench, has recently rejoined LinkedIn.
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May 30, 2024
VR Fitness App Ends $353M Antitrust Row With Meta, For Now
An app developer that sued Meta, Mark Zuckerberg and others seeking $353 million for alleged antitrust violations after the social media platform reneged on a deal to launch the plaintiff's virtual reality fitness app voluntarily dropped his case, for now, according to a notice filed Wednesday in California federal court.
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May 30, 2024
Ex-Fox Rothschild Corporate Chief Accuses Firm Of Age Bias
The former head of Fox Rothschild LLP's corporate department sued the firm for age discrimination Wednesday in New Jersey state court, saying it slashed his pay to below that of a first-year associate and then forced him out after nearly 30 years of employment there.
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May 30, 2024
DOL Says Challenged Provision In DBA Rule Is Lawful
The U.S. Department of Labor pressed a Texas federal court not to halt its final rule regulating prevailing wages under the Davis-Bacon Act, saying that one of the provisions several construction groups are challenging is completely lawful.
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May 30, 2024
Black Business Owners Sue Over Impact Of Transparency Act
The Corporate Transparency Act creates unique burdens on businesses owned by people of color, immigrants and other marginalized groups, the Black Economic Council of Massachusetts and several company owners said in the latest legal challenge to the anti-money laundering law.
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May 30, 2024
Data Co. Exec, Worker Guilty Of Fraud In Mail Scam Case
A Colorado federal jury on Thursday convicted two former Epsilon Data Management employees for their roles in selling data to mail scammers who preyed on the elderly and vulnerable.
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May 30, 2024
What The Trump Verdict Was Like From Inside The Courtroom
Law360 reporters were providing live updates from the Manhattan criminal courthouse as a jury found Donald Trump guilty of falsifying business records. Here's a blow-by-blow of the historic verdict.
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May 30, 2024
US Steel, Nippon Obtain All Non-US Regulatory Approvals
U.S. Steel Corp. and Nippon Steel Corp. said Thursday they have received all non-U.S. regulatory nods to move ahead with their planned $14.9 billion merger, including from the European Commission and the U.K.'s Competition and Markets Authority.
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May 29, 2024
Amazon Shouldn't Escape BIPA Suit, Judge Recommends
A Washington federal magistrate judge on Wednesday recommended that the court should not toss a suit alleging Amazon.com Inc. collected facial scans of teens playing a popular video game without proper disclosures or consent, saying the plaintiff sufficiently alleges that Amazon knowingly obtained the data and disseminated it.
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May 29, 2024
Feds Dismantle Massive Botnet, Arrest Malware's Admin
Following an investigation by law enforcement in the U.S., Singapore, Thailand and Germany, the U.S. Department of Justice on Wednesday announced it has dismantled a botnet used in cyberattacks, child exploitation, massive fraud and export violations, and arrested a Chinese national behind the malware.
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May 29, 2024
Autonomy Founder Pushed Sales Team Hard, Jury Hears
A federal prosecutor cross-examining ex-Autonomy CEO Michael Lynch on Wednesday in a criminal fraud trial over claims the British tech tycoon conned HP into overpaying billions for his software company sought to portray Lynch as an overbearing leader who put intense pressure on his team to generate "revenue revenue revenue."
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May 29, 2024
Spotify Listeners Slam Scrapped Music Device As 'Paperweight'
Spotify has suddenly decided to shut down its "Car Thing" device, which connects listeners' playlists to their cars, making the devices obsolete and leaving customers "with nothing more than a paperweight that cost between $50 and $100," according to a proposed class action filed Tuesday in New York federal court.
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May 29, 2024
Merrill Lynch Inks $20M Deal In Financial Advisers' Bias Suit
Merrill Lynch has agreed to pay nearly $20 million to settle class action claims filed in Florida federal court alleging discrimination and retaliation against a proposed class of nearly 1,400 Black financial advisers who alleged they received less pay and promotions compared to their white counterparts.
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May 29, 2024
Visa, Mastercard Consumers Ink $197.5M ATM Antitrust Deal
A pair of Visa and Mastercard consumers asked a Washington, D.C., federal judge Wednesday to greenlight a $197.5 million class settlement that would resolve claims that the credit card companies conspired with major banks to fix ATM access fees.
Expert Analysis
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Why High Court May Have Rejected IP Obviousness Appeal
Attorneys at Womble Bond analyze possible reasons the U.S. Supreme Court rejected Vanda Pharmaceuticals' request to review the Federal Circuit’s reasonable expectation of success standard for determining obviousness, including that the court was unpersuaded by the company's argument that Amgen v. Sanofi places a bind on drug developers.
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New Federal Bill Would Drastically Alter Privacy Landscape
While the recently introduced American Privacy Rights Act would eliminate the burdensome patchwork of state regulations, the proposed federal privacy law would also significantly expand compliance obligations and liability exposure for companies, especially those that rely on artificial intelligence or biometric technologies, says David Oberly at Baker Donelson.
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How Cos. Can Comply With New PFAS Superfund Rule
The U.S. Environmental Protection Agency's new rule designating two per- and polyfluoroalkyl substances as "hazardous substances" under the Superfund law will likely trigger additional enforcement and litigation at sites across the country — so companies should evaluate any associated reporting obligations and liability risks, say attorneys at Alston & Bird.
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Ill. Justices' Ruling Answers Corporate Defamation Questions
The Illinois Supreme Court's recent unanimous decision in Project44 v. FourKites provides needed certainty and direction for lower courts considering defamation cases involving communications to corporate officers from third parties outside the corporation, which could result in fewer unwarranted motions to dismiss in trial courts and nonmeritorious appeals, says Phillip Zisook at Schoenberg Finkel.
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As Arbitrator Bias Claims Rise, Disclosure Standards Evolve
The growth in post-award challenges based on arbitrators' alleged conflicts of interest has led to the release of new guidance and new case law on the topic — both supporting the view that professional familiarity alone does not translate to a lack of impartiality, say attorneys at Skadden.
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Social Media Free Speech Issues Are Trending At High Court
The U.S. Supreme Court's recent decision examining what constitutes state action on social media can be viewed in conjunction with oral arguments in two other cases to indicate that the court sees a need for more clarity regarding how social media usage implicates the First Amendment, say attorneys at Kean Miller.
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Opinion
CFPB Could, And Should, Revise Open Banking Rulemaking
In light of continued global developments in open banking, the Consumer Financial Protection Bureau should evaluate whether it actually should use its proposed rule on Section 1033 of the Dodd-Frank Act to amplify personal financial data rights in the U.S., says Brian Fritzsche at the Consumer Bankers Association.
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How Cos. Can Protect IP In Light Of FTC Noncompete Rule
While several groups are challenging the Federal Trade Commission’s recently approved rule banning noncompetition agreements, employers should begin planning other ways to protect their valuable trade secrets, confidential information and other intellectual property, says Thomas Duston at Marshall Gerstein.
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Tylenol MDL Highlights Expert Admissibility Headaches
A New York federal court's decision to exclude all plaintiff experts in a multidistrict litigation concerning prenatal exposure to Tylenol highlights a number of expert testimony pitfalls that parties should avoid in product liability and mass tort matters, say Rand Brothers and Courtney Block at Winston & Strawn.
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Recent Wave Of SEC No-Action Denials May Be Slowing
The U.S. Securities and Exchange Commission in March granted no-action relief to Verizon and others on the grounds that a director resignation bylaw proposal would mean violating Delaware law, bucking recent SEC hesitation toward such relief and showing that articulating a basis in state law is a viable path to exclude a proposal, say attorneys at Winston & Strawn.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Don't Fall On That Hill: Keys To Testifying Before Congress
Because congressional testimony often comes with political, reputational and financial risks in addition to legal pitfalls, witnesses and their attorneys should take a multifaceted approach to preparation, walking a fine line between legal and business considerations, say attorneys at Crowell & Moring.
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Online Portal Helps Fortify Feds' Unfair Health Practices Fight
The Federal Trade Commission, U.S. Justice Department and the U.S. Department of Health and Human Services recently launched an online portal where the public can report potentially unfair healthcare practices, effectively maximizing enforcers' abilities to police anti-competitive actions that can drive up healthcare costs and chill innovation, say attorneys at Seyfarth.
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Data Shows H-2B Wages May Be Skewed High By Sample Size
Occupational Wage and Employment Statistics wage data from April illustrates that smaller sample sizes from less populated areas may be skewing prevailing wages for H-2B visas artificially high, potentially harming businesses that rely on the visa program, says Stephen Bronars at Edgeworth Economics.
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10b-5 Litigation Questions Follow Justices' Macquarie Ruling
Last month, the U.S. Supreme Court held in Macquarie v. Moab that pure omissions are not actionable under U.S. Securities and Exchange Commission Rule 10b–5(b), creating a slightly higher bar for plaintiffs and setting the stage for further litigation over several issues, say Steve Quinlivan and Sean Colligan at Stinson.