Corporate

  • January 27, 2022

    3M Hit With $110M Verdict In Fla. Military Earplug Bellwether

    A Florida federal jury on Thursday sided with two service members who say they suffered hearing damage from using 3M earplugs, awarding the men $110 million in damages, the largest verdict in the sprawling multidistrict litigation's bellwether series to date, according to attorneys for the plaintiffs.

  • January 27, 2022

    Teva Gets Nod For $420M Price-Fixing Deal With Investors

    A Connecticut federal judge granted preliminary approval to a $420 million deal resolving an investor class action accusing Teva Pharmaceuticals of orchestrating an industrywide price-fixing scheme, holding that the agreement is reasonable and there are no obvious red flags.

  • January 27, 2022

    The Term: Breyer's Legacy And The Nomination To Come

    Justice Stephen Breyer on Thursday formally announced he would be retiring at the end of the Supreme Court term. Here, The Term breaks down the legacy he will leave behind and takes a look at what lies ahead for his potential successor with two special guests.

  • January 27, 2022

    SEC Taps Ex-Cravath Partner To Be Corp Fin Deputy Director

    The U.S. Securities and Exchange Commission announced Thursday that a former Cravath Swaine & Moore LLP partner has been named the agency's new deputy director of its disclosure program in the Division of Corporation Finance.

  • January 27, 2022

    Breyer Retiring As Supreme Court Lurches Right

    Justice Stephen Breyer is retiring from the U.S. Supreme Court at a time when his conservative colleagues on the bench seem intent on dismantling landmark precedents on abortion, affirmative action and the administrative state, to name a few. Can his successor preserve his liberal legacy?

  • January 27, 2022

    Apple Can't Hide Behind Privacy In Epic Fight, 9th Circ. Told

    Nearly 40 law, business and economics academics urged the Ninth Circuit on Thursday to upend Apple's win over Epic Games' allegations that the technology giant's App Store policies are anti-competitive, arguing the judge wrongly accepted Apple's justifications that restrictions on third-party app distribution are necessary to protect users.

  • January 27, 2022

    Judge Tosses LA Landlord's Virus Loss Suit Against Travelers

    A California federal judge tossed a commercial landlord's suit against Travelers Indemnity Co. on Thursday, saying its insurance policy did not provide coverage for more than $1.8 million in pandemic-related losses.

  • January 27, 2022

    DHS Adds 20,000 H-2B Visas Amid Labor Shortage

    The U.S. Department of Homeland Security and U.S. Department of Labor added 20,000 H-2B visas for temporary nonagricultural workers Thursday, after receiving enough applications to exhaust the 53,000 visas already at play in the first half of the fiscal year.

  • January 27, 2022

    Alsup Fears $50M Pinterest Workplace Deal May Be 'Cosmetic'

    U.S. District Judge William H. Alsup said Thursday he's inclined to greenlight Pinterest's $50 million deal resolving derivative shareholder litigation alleging discriminatory workplace conditions, but expressed several concerns, saying he's seen "cosmetic settlement after cosmetic settlement" and "this kind of looks like that scenario."

  • January 27, 2022

    Labaton Nabs Lead In Honest Co. Investor's Diaper IPO Suit

    Labaton Sucharow LLP will represent a proposed class of investors in the Honest Co. baby and beauty concern in a suit accusing the company of failing to properly explain that it might see a post-lockdown slump in diaper sales ahead of its May 2021 initial public offering.

  • January 27, 2022

    SEC Refloats Executive Compensation Disclosure Rule

    The U.S. Securities and Exchange Commission on Thursday refloated a Dodd Frank-era rule that would allow investors to more easily compare public company executives' compensation to shareholder returns, a move that could appease investor advocates but drew a dissent from the agency's sole Republican member.

  • January 27, 2022

    New NY Rule Forces Settlement Talks Before Trial

    With a rule approved this month, New York courts now require parties in commercial disputes to attend a court-ordered settlement conference after discovery has concluded and before the beginning of a trial. The aim is to avoid parties' reluctance to request a settlement hearing.

  • January 27, 2022

    Google GC Named To Board Of Legal Diversity Council

    The Leadership Council on Legal Diversity has grown its board of directors by adding Google's general counsel, the group of chief legal officers and law firm managing partners said Thursday, drawing on a seasoned in-house leader whose commitments include increasing her retention of minority- and women-owned law firms.

  • January 27, 2022

    AGs Ask OSHA For Climate Change Heat Standards

    A coalition of six states has asked the Occupational Safety and Health Administration to establish national standards that consider occupational exposure to extreme heat to protect outdoor and indoor workers from the effects of rising temperatures due to climate change.

  • January 27, 2022

    Judge Jackson Back In Spotlight As High Court Contender

    The upcoming vacancy on the U.S. Supreme Court quickly threw the spotlight back on D.C. Circuit Judge Ketanji Brown Jackson, a former clerk for Justice Stephen Breyer whose stature as a likely successor to the retiring justice was suddenly raised Wednesday.

  • January 27, 2022

    Calif. Justices Back Worker-Friendly Test For Retaliation Suits

    Trial courts should use an evidentiary standard drawn from state law when evaluating whistleblower retaliation cases brought under California's labor code instead of a more stringent burden-shifting test commonly applied in federal discrimination suits, the California Supreme Court ruled Thursday.

  • January 27, 2022

    Biden At His Side, Justice Breyer Announces Retirement

    Supreme Court Justice Stephen Breyer joined President Joe Biden at the White House Thursday to formally announce his retirement, kicking off a rush among Democrats to confirm a new member of the court to replace the oldest serving justice.

  • January 26, 2022

    VLSI Patent In $2.18B Intel Verdict Faces PTAB Validity Check

    The Patent Trial and Appeal Board on Wednesday said it will review the validity of one of the two VLSI Technology computer chip patents at the heart of a historic $2.18 billion infringement verdict against Intel Corp.

  • January 26, 2022

    Intel Must Face Trimmed Microprocessor Security Flaw Suit

    An Oregon federal judge on Wednesday trimmed but refused to fully throw out a proposed class action accusing Intel Corp. of knowingly peddling defective microprocessors, ruling that consumers have adequately pled that Intel delayed disclosure of the purported defects after they were discovered in 2017.

  • January 26, 2022

    Northrop's Pension Denials Sounded Like Threats, Judge Told

    Former TRW Inc. employees testified in a California federal bench trial over Employee Retirement Income Security Act class claims Wednesday that TRW's successor Northrop Grumman denied them pension benefits despite years of work, with one claiming Northrop's response "almost sounded like I was going to have to start paying them money."

  • January 26, 2022

    Nike GC Hilary Krane To Retire; CCO Tapped To Replace Her

    Nike Inc. announced Wednesday it will appoint Ann Miller, a Nike veteran with more than two decades of legal experience, to take over from longtime general counsel and chief administration officer Hilary Krane, who will retire in 2022.

  • January 26, 2022

    No Physical Loss Dooms Gift Shop Co.'s Virus Coverage Suit

    The Cincinnati Casualty Co. doesn't have a duty to cover a gift shop supply company's business interruption losses resulting from the coronavirus pandemic, a Texas federal judge ruled Wednesday, finding that the complaint lacks allegations of direct physical damage.

  • January 26, 2022

    Insurers Beat Virus Suit In NJ As Property Damage Is Absent

    A New Jersey state judge ruled Wednesday that the lack of property damage torpedoed a bid from hospitality and recreational companies to obtain up to $490 million in coverage from excess insurers for losses related to the coronavirus outbreak.

  • January 26, 2022

    Disclosures Head Off Injunction, Heat Up Merger Battle In Del.

    Shareholders who sought a Delaware Chancery Court preliminary injunction to block a looming vote on a merger of Fiduciary/Claymore Energy Infrastructure Fund with a similar business have pulled the request after new disclosures, while saying action to recover "staggering" fund losses tied to alleged mismanagement will move forward.

  • January 26, 2022

    Democrats Plan Swift Confirmation Of Breyer Successor

    The U.S. Senate's Democratic leaders pledged Wednesday to move swiftly to confirm a successor for U.S. Supreme Court Justice Stephen Breyer, who is expected to formally announce his retirement Thursday.

Expert Analysis

  • Opinion

    Biden FRAND Policy Will Help Protect Competition

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    The Biden administration's recently issued draft policy statement on licensing negotiations and remedies for standard-essential patents subject to voluntary fair, reasonable and nondiscriminatory terms is a welcome departure from the previous U.S. Department of Justice's flawed approach to navigating the intersection of antitrust and intellectual property, says Timothy Muris at Sidley.

  • Lessons On Conflicted-Party Transactions From NC Ruling

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    The North Carolina Supreme Court's recent Reynolds American v. Third Motion Equities Master Fund decision, affirming the use of deal price in conflicted-party transactions, holds important implications for future corporate acquisitions in states that have adopted the Model Business Corporation Act, say attorneys at Foley & Lardner.

  • What Climate Migration Forecast Means For Risk Management

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    Recent reports from international experts confirm that climate change is already causing environmental impacts and spurring migration of affected populations — so organizations must grapple now with how it will affect their operations and increase their risks in coming years, says Austin Pierce at V&E.

  • What Starbucks Union Efforts May Mean For Service Industry

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    Collective bargaining agreements that result from growing unionization drives at Starbucks cafes across the country could change how and what customers can order — and foreshadow broader shifts in the service and restaurant industries as COVID-19 and attendant labor shortages put pressure on employers, say David Pryzbylski and Colleen Naumovich at Barnes & Thornburg.

  • Ky. BIPA Copycat Bill Could Usher In Class Action Tsunami

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    A new Kentucky bill replicating Illinois' Biometric Information Privacy Act may trigger a wave of class actions, and momentum for similar legislation in other states, but companies can get ahead of it by taking several proactive compliance measures, says David Oberly at Blank Rome.

  • How AI Can Transform Crisis Management In Litigation

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    Attorneys should understand how to use rapidly advancing artificial intelligence technology to help clients prepare for potential catastrophic events and the inevitable litigation arising from them, from predicting crises before they occur to testing legal theories once they arise, say Stratton Horres at Wilson Elser and David Steiger.

  • Scope, Circumvention, New Shippers: Key Rule Changes

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    William Isasi and Rishi Gupta at Covington suggest practices international trade practitioners should adopt in response to changes in U.S. Department of Commerce procedures for requesting scope and circumvention inquiries and new shipper reviews, especially in light of the newly retroactive application of some agency determinations.

  • Opinion

    SEC Sacrifices Process To Block New Proxy Adviser Rules

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    The U.S. Securities and Exchange Commission's about-face on its recently passed reforms concerning proxy advisers is an example of how Chair Gary Gensler has forgone deliberation and bipartisanship to pursue his ambitious agenda — which is emblematic of the increasing politicization of the commission, says David Dragics at the National Investor Relations Institute's Advocacy Committee.

  • Supervisor Relationships Are Key To Beating Atty Burnout

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    In order to combat record attorney turnover and high levels of burnout, law firm partners and leaders must build engaging relationships with supervisees, fostering autonomy and control, enabling expression of values, and building a sense of community and belonging, says Anne Brafford at the Institute for Well-Being in Law.

  • Opinion

    FTC Rulemaking Risks Expansion Of Unfair-Method Bounds

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    The Federal Trade Commission's plan to issue rules defining unfair methods of competition under Section 5 of the FTC Act arguably exceeds the commission's power, and isn't justified, because the current case-by-case approach to promoting competition through adjudication is preferable, says Sean Gates at Charis Lex.

  • What To Expect From Merger Guideline Modernization

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    The U.S. Department of Justice's and Federal Trade Commission's recent request for comment on amending the merger review guidelines provides perhaps the clearest indication yet of where guideline revisions might focus, including on structural presumptions, the role of market definition and the effect of transactions on labor, say attorneys at MoFo.

  • Corporate Boards Need Not Fear 7th Circ. Boeing Decision

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    The Seventh Circuit’s recent decision in Seafarers Pension Plan v. Bradway, over Boeing shareholders' rights to bring federal derivative suits over the 737 Max aircraft, may encourage creative Securities Exchange Act claims to avoid exclusive forum provisions, but boards of Delaware corporations still have tools to avoid duplicative litigation, say attorneys at Skadden.

  • Series

    Employer's Agenda: Toyota Counsel Talks Worker Retention

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    Michael Martinez, managing counsel for labor and employment at Toyota Motor North America, discusses how companies and in-house counsel can address the pandemic-related labor shortage, and avoid common pitfalls when implementing wage increases, remote work setups and other well-meaning efforts to attract new workers.

  • Gov't Contractor Takeaways From Biden's Clean Energy Order

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    Attorneys at Covington discuss how President Joe Biden's recent net-zero emissions pledge and related executive actions are changing the landscape of federal procurement, creating new opportunities and challenges for government contractors.

  • 4 Consequences Of Gov't Contractor Antitrust Violations

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    Along with criminal penalties, significant collateral repercussions can follow a government contractor's conviction for antitrust violations, so vigilant compliance strategies are a must as the U.S. Department of Justice turns its attention to this area, say attorneys at Arnold & Porter.

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