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June 13, 2024
FTC Urged To Get Moving On Stalled Privacy Rulemaking
Nearly three dozen consumer advocacy groups are calling on the Federal Trade Commission to stop dragging its feet on efforts announced almost two years ago to craft sweeping data privacy and security rules, arguing that time is running out for the agency to clamp down on companies' "historic" drive to amass personal information and track consumers online.
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June 12, 2024
'Repugnant To Civility': Judge Rips, Yet Won't DQ Taft Stettinius
A Michigan state judge slammed law firm Taft Stettinius & Hollister LLP for keeping ex-client MGM in the dark about its merger with another firm and called Taft Stettinius' assertion MGM should have figured it out "repugnant to civility," but nonetheless said he wouldn't disqualify Taft Stettinius from representing MGM's opponent in an arbitration.
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June 12, 2024
NFL Exec Denies League Fixed Sunday Ticket Price At Trial
One of the NFL's top executives denied on the witness stand Wednesday in a California federal courtroom that the league dictated the cost of the DirecTV Sunday Ticket package, pushing back when an attorney for subscribers bringing multibillion-dollar antitrust claims suggested some internal emails are evidence the league fixed the price.
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June 12, 2024
Disney Says 1st Amend. Dooms 'Star Wars' Actor's Firing Suit
Disney and Lucasfilm's counsel on urged a California federal judge to dismiss "Star Wars" actor Gina Carano's wrongful firing suit, arguing in a hearing Wednesday that they have a First Amendment right to disassociate their artistic expression from her public statements mocking pronouns and criticizing COVID-19 lockdowns.
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June 12, 2024
Hytera Tried 'End Run' Around Court's Power, Motorola Says
Hytera Communications should not be able to get around an antisuit injunction that forced it to end Chinese litigation addressing mobile radio trade secrets, Motorola Solutions told the Seventh Circuit on Tuesday, arguing that Hytera must be stopped from doing an "end run" around the American case against it.
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June 12, 2024
ZoomInfo's $30M Privacy Deal Gets Initial Green Light
An Illinois federal judge on Wednesday granted preliminary approval to a proposed settlement in which ZoomInfo will shell out roughly $30 million to resolve claims it used people's names and identities, without their consent, to advertise paid access to its full database.
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June 12, 2024
FTC Tells DC Circ. It Can Modify $5B Meta Privacy Deal
The Federal Trade Commission told the D.C. Circuit on Wednesday that it has the authority to reopen its in-house proceedings in order to revise a $5 billion privacy settlement with Meta Platforms, saying the courts do not have oversight of the agency's administrative order.
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June 12, 2024
House IP Panel Eyes Transparency For Litigation Funders
A congressional committee on Wednesday began discussing whether to require more transparency of third-party litigation funding agreements to stem what lawmakers say are abusive patent lawsuits and national security concerns if hostile foreign governments meddle with cases anonymously.
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June 12, 2024
FDIC Head Must Go To Change Status Quo, GOP Reps. Say
House Republicans on Wednesday criticized Federal Deposit Insurance Corp. Chair Martin Gruenberg for not immediately resigning in the wake of a probe of the agency's workplace culture, but some Democrats took issue with the scope of a report on the investigation's findings while applauding his rumored successor.
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June 12, 2024
FTC's Amazon Prime Trial Moved To June 2025 Amid Doc Fight
A Washington federal judge agreed Wednesday to push back to June 2025 a high-stakes bench trial over the Federal Trade Commission's claims Amazon.com Inc. tricks consumers into enrolling in its Prime service, delaying the trial by months after the FTC accused Amazon of delaying discovery production.
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June 12, 2024
Microsoft, OpenAI Call Papers' Suit A 'Copycat' Of NYT's Case
OpenAI and Microsoft Corp. have asked a New York federal court to toss the bulk of a copyright complaint from eight newspapers that accuses the companies of stealing their content to develop versions of ChatGPT, contending the lawsuit is modeled after one from The New York Times and saying the allegations mischaracterize the technology.
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June 12, 2024
Wells Fargo Accused Of Mismanaging Forfeited 401(k) Funds
A former Wells Fargo employee hit the San Francisco-based bank with a proposed class action in California federal court Tuesday, alleging Wells Fargo and its fiduciaries violated the Employee Retirement Income Security Act by using forfeited retirement funds to reduce its own contributions to other workers' 401(k)s.
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June 12, 2024
5th Circ. Won't Halt SpaceX Appeal In Case Challenging NLRB
The Fifth Circuit said Wednesday that it will continue weighing whether a Texas federal judge must pause an administrative suit against SpaceX from proceeding before the National Labor Relations Board, amid the company's constitutional challenge to the agency's structure.
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June 12, 2024
Oil Cos. Ignore Precedent In Climate Change Row, Tribes Say
Two Washington tribes seeking to remand their consolidated cases against several oil industry giants to state court say the defendants' arguments of complete preemption in their efforts to keep the climate change litigation in the federal circuit misconstrues precedent, including claims to vindicate aboriginal title.
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June 12, 2024
CalPERS Opposes $5B Atty Fee In Musk Pay Fight
The nation's largest public pension fund lined up Wednesday against a proposed $5 billion-plus fee for stockholder attorneys whose Delaware Court of Chancery suit blocked Tesla CEO Elon Musk's one-time $56 billion compensation plan, one day ahead of a Tesla shareholder vote to resurrect the pay deal.
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June 12, 2024
Fired SpaceX Workers Say Musk Runs Co. 'In The Dark Ages'
Eight former SpaceX employees on Wednesday became the latest to sue the company and CEO Elon Musk alleging a hostile and abusive workplace that demeans women and LGBTQ+ people, saying in California state court they were unlawfully fired when they objected to his conduct.
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June 12, 2024
Something Fishy With Conagra's '100% Whole Fish,' Suit Says
Customers alleged in Illinois federal court Tuesday that Conagra misled them by marketing its popular Van de Kamp's and Mrs. Paul's frozen fish products as "100% whole fish," despite artificially adding weight to those fish with an industrial filler and extra water.
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June 12, 2024
GOP, Dems Fight Over Climate Investment 'Collusion'
House Judiciary Democrats and Republicans traded barbs and competing staff reports Wednesday over investment industry initiatives to combat climate change that the GOP called a "climate cartel" and their partisan rivals said is simply responsible, and voluntary, investing.
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June 12, 2024
Lipitor Buyers Get Final OK For $93M Deal In Antitrust Fight
A New Jersey federal judge gave final approval Wednesday to a $93 million settlement between a class of buyers of Lipitor and Pfizer, resolving their claims in sprawling antitrust litigation that Pfizer conspired with a drug manufacturer to delay the release of a cheaper generic version of Lipitor and monopolize the market.
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June 12, 2024
Judge Won't Trim $18M Shareholder Settlement Coverage Suit
A Pennsylvania federal judge declined to toss certain bad faith allegations against an insurer accused of wrongfully denying coverage for an $18 million settlement between an asset management company and a group of shareholders, adopting a magistrate judge's recommendation that the company sufficiently alleged its claim of bad faith.
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June 12, 2024
SEC Says Texas Crypto Cases Aren't Related To Fraud Suit
The U.S. Securities and Exchange Commission asked a Texas federal judge not to stay its case accusing a crypto asset mining and hosting company of securities fraud, saying in a Wednesday brief that the judge's concerns about other pending cases creating "moving-target precedents" were unfounded.
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June 12, 2024
11th Circ. Won't Rehear Ruling In Pratt & Whitney Cancer Case
The full Eleventh Circuit won't review a panel's affirmation of a jury verdict win for defense contractor Pratt & Whitney that found it had failed to exercise reasonable care when disposing of radioactive materials but also freed it from liability for the pediatric cancer cases that emerged in a Florida neighborhood.
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June 12, 2024
Okta, Investors Reach $60M Deal In Cyberattack Coverup Suit
Okta Inc. investors have asked a California federal judge to give the first OK to a $60 million settlement reached in a suit alleging the software company misled the certified class about a 2022 cyberattack.
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June 12, 2024
QuantumScape Shareholders Seek Initial OK For $47.5M Deal
Investors of QuantumScape have asked a California federal judge to give the first green light to a $47.5 million settlement to end their class action suit, which alleged published articles revealed the company made false statements about the quality of its batteries and the tests it used to measure performance.
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June 12, 2024
9th Circ. Questions Arbitration Carveout For AmEx Workers
A Ninth Circuit panel seemed inclined Wednesday to force four white former American Express employees to arbitrate their proposed class action claims alleging race bias.
Expert Analysis
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The State Of Play In DEI And ESG 1 Year After Harvard Ruling
Almost a year after the U.S. Supreme Court decided Students for Fair Admissions v. Harvard, attorney general scrutiny of environmental, social and governance-related efforts indicates a potential path for corporate diversity, equity and inclusion initiatives to be targeted, say attorneys at Crowell & Moring.
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CFPB Poised To Up The Ante After Supreme Court Victory
When the U.S. Supreme Court emphatically ruled last week that the Consumer Financial Protection Bureau's funding structure did not violate the Constitution, the agency boasted that it was "here to stay," signaling that it is moving full steam ahead with its regulatory, enforcement and supervisory agenda, says Jim Sandy at McGlinchey Stafford.
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2nd Circ. Ruling Affirms NY Law's Creditor-Friendly Approach
The Second Circuit’s recent ruling in 245 Park Member v. HNA International provides creditors with some reason for optimism that debtors in New York may face rejection in court for aiming to keep creditors at arm’s length by transferring personal assets into an LLC, says Jeff Newton at Omni Bridgeway.
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2 Oil Trader FCPA Pleas Highlight Fine-Reduction Factors
Recent Foreign Corrupt Practices Act settlements with Gunvor and Trafigura — the latest actions in a yearslong sweep of the commodities trading industry — reveal useful data points related to U.S. Department of Justice policies on cooperation credit and past misconduct, say Michael DeBernardis and Laura Perkins at Hughes Hubbard.
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Opinion
NEPA Final Rule Unlikely To Speed Clean Energy Projects
A recent final rule from the White House Council on Environmental Quality purports to streamline federal environmental reviews to accelerate the construction of renewable energy infrastructure — but it also expands consideration of climate change and environmental justice, creating vast new opportunities for litigation and delay, says Thomas Prevas at Saul Ewing.
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Opinion
USPTO's Proposed Disclaimer Rule Would Harm Inventors
The U.S. Patent and Trademark Office’s recently proposed rule on terminal disclaimers will make the patent system less available to inventors and will unfairly favor defendants in litigation, say Stephen Schreiner at Carmichael IP and Sarah Tsou at Omni Bridgeway.
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Influencer Considerations As FINRA Initiates Crackdown
To avert risks when evaluating influencer and referral programs, firms should assess the Financial Industry Regulatory Authority's recent settlements involving the supervision of social media tastemakers, as well as recent FINRA guidance in this area, say attorneys at Troutman Pepper.
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New Crypto Reporting Will Require Rigorous Recordkeeping
The release of a form for reporting digital asset transactions is a pivotal moment in the Internal Revenue Service's efforts to track cryptocurrency activities that increases oversight by requiring brokers to report investor sales and exchanges, say Shaina Kamen and Max Angel at Holland & Knight.
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What Transactional Attys Must Know About Texas Biz Courts
As Texas prepares to launch its new business courts, transactional attorneys — especially those involved in commercial, securities and internal governance matters — should keep several issues in mind when considering use of the state's business court system to facilitate deals and settle disputes, say attorneys at Katten.
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A Comparison Of FDIC, OCC Proposed Merger Approaches
Max Bonici and Connor Webb at Venable take a closer look at the Federal Deposit Insurance Corp.'s and Office of the Comptroller of the Currency's respective bank merger proposals and highlight certain common themes and important differences, in light of regulators continually rethinking their approaches to bank mergers.
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
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Behind Court Challenges To The FTC's Final Noncompete Rule
The Federal Trade Commission's recent final rule banning noncompetes may not go into effect any time soon amid a couple of Texas federal court challenges seeking to bar the rule's implementation, which will likely see appeals all the way to the U.S. Supreme Court, says Michael Elkins at MLE Law.
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Corporate Insurance Considerations For Trafficking Claims
With the surge in litigation over liability under the Trafficking Victims Protection Reauthorization Act, corporate risk managers and in-house counsel need to ensure that appropriate insurance coverage is in place to provide for defense and indemnity against this liability, says Micah Skidmore at Haynes Boone.
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Tips For Keeping Trade Secrets In The Vault
Key practices aimed at maintaining confidentiality can help companies establish trade secret status as the Federal Trade Commission's ban on noncompetes makes it prudent to explore other security measures, says John Baranello at Moses & Singer.
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5 Lessons From Ex-Vitol Trader's FCPA Conviction
The recent Foreign Corrupt Practices Act and money laundering conviction of former Vitol oil trader Javier Aguilar in a New York federal court provides defense takeaways on issues ranging from the definition of “domestic concern” to jury instruction strategy, says attorney Andrew Feldman.