Corporate

  • September 24, 2021

    Ky. Hospital Workers Can't Block Vaccine Mandate

    A Kentucky federal judge declined to provide a preliminary injunction to a group of hospital workers attempting to block their employer's COVID-19 vaccine mandate, ruling Friday that they have neither shown they're likely to succeed in their challenge nor that their individual liberties are being harmed.

  • September 24, 2021

    Tesla Can't Exclude Juror Based On Race, Judge Rules

    A California federal judge sustained a Batson challenge during jury selection Friday raised by counsel for a Black ex-Tesla worker claiming that the electric vehicle company's Northern California factory was a hotbed of racial discrimination against African Americans reminiscent of the Jim Crow era.

  • September 24, 2021

    Employment Authority: High Court Petitions & NLRB Conflicts

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with a look at four discrimination cases that could be taken up by the U.S. Supreme Court next term, how states and prosecutors are treating wage theft as a criminal offense, and how new Democratic members of the NLRB may face conflict of interest accusations based on their past work for labor unions.

  • September 24, 2021

    Fed. Circ. Eases Serving Of Patent Suits On Foreign Cos.

    A recent Federal Circuit decision likely provides a route for judges and plaintiffs in patent cases to circumvent an international treaty that creates hurdles when serving complaints on foreign defendants, potentially speeding up some proceedings by many months, attorneys say.

  • September 24, 2021

    Theranos Execs Put PR Over Patients, Ex-Lab Chief Testifies

    A former Theranos laboratory director testified in ex-CEO Elizabeth Holmes' criminal trial Friday that he resigned after company executives insisted on rolling out blood-testing devices riddled with technical problems that caused serious inaccuracies, saying management "believed more about PR and funding than about patient care."

  • September 24, 2021

    'Nontraditional Questions' Appearing In FTC Merger Probes

    In at least some merger probes the Federal Trade Commission appears in recent months to have started asking questions that antitrust attorneys say they've never fielded before, including queries about unionization at the merging companies, environmental issues and corporate governance practices.

  • September 24, 2021

    SEC's 1st Crowdfunding Enforcement Turns Heat On Portals

    The U.S. Securities and Exchange Commission's decision to target a crowdfunding portal in its first enforcement action involving such capital campaigns sends a strong signal that regulators expect intermediaries to thoroughly vet these fundraising efforts or face repercussions, attorneys said.

  • September 24, 2021

    Interest-Earning Crypto Crackdown Is Bigger Than Coinbase

    Coinbase's cancellation of a planned cryptocurrency lending program over threatened litigation from the U.S. Securities and Exchange Commission is just the latest and most conspicuous episode in a wider regulatory crackdown on interest-earning crypto products.

  • September 24, 2021

    China Bans All Crypto Transactions In Broad Clampdown

    China declared all cryptocurrency transactions in the country illegal Friday, marking its harshest crackdown yet on the burgeoning industry.

  • September 24, 2021

    PG&E Facing Manslaughter Charges Over 2020 Calif. Fire

    A California district attorney on Friday charged PG&E with four felony involuntary manslaughter charges for its role in allegedly causing the Zogg fire, which burned roughly 56,000 acres in two counties last year.

  • September 24, 2021

    NC Theaters, Chicago Eateries Lose COVID-19 Coverage Bids

    An Illinois federal judge has ruled that a North Carolina movie theater chain and a group of Chicago restaurants are not entitled to coverage for their pandemic losses, finding that the businesses did not show that they incurred a direct physical loss that would trigger coverage under their insurance policies.

  • September 24, 2021

    Novo Nordisk To Pay $100M To Settle Investor Class Action

    Novo Nordisk announced Friday that it has reached a $100 million settlement in an investor class action alleging the Danish pharmaceutical giant boasted about its finances while concealing a scheme to pay kickbacks to pharmacy benefit managers to get its insulin drugs on stores' recommended product lists.

  • September 24, 2021

    SEC Pays $36M To Tipster Who Was Also 'Culpable' In Scheme

    The U.S. Securities and Exchange Commission announced Friday that it has paid about $36 million to a whistleblower, even though the related order states that the individual delayed reporting their information for over five years and was "culpable" in the underlying scheme. 

  • September 24, 2021

    Sen. Warren Reintroduces Bill To End Ch. 11 Forum-Shopping

    U.S. Sen. Elizabeth Warren reintroduced a bipartisan bill Thursday intended to curb the practice of forum-shopping in corporate bankruptcy cases so that large companies can't hand-pick the judges who oversee their insolvency cases.

  • September 24, 2021

    Crypto Exchange Blacklisting To Test US Sanctions' Teeth

    The U.S. Department of the Treasury's unprecedented blacklisting of a cryptocurrency platform accused of helping cybercriminals convert funds into real-world currency will test its ability to sway ransomware actors' behavior, as officials sharpen their pitch for victims to report attacks.

  • September 24, 2021

    Judge Pushes To Update Arbitration Law For 21st Century

    A Third Circuit judge has sent a strong signal that it's time for Congress to revamp a 96-year-old federal law's provision freeing certain transportation workers from workplace arbitration clauses, given that it lags behind in the era of phone app-based delivery work generated by Big Tech's growing footprint.

  • September 24, 2021

    7th Circ. Panel Says Walmart Can't Rewrite Facts In ADA Trial

    A Seventh Circuit panel on Friday suggested Walmart hasn't "come to grips" with the evidence presented at a trial in which jurors found the retailer violated the Americans with Disabilities Act by pushing out a longtime employee who needed a job coach.

  • September 24, 2021

    Robinhood Taps Crypto CCO, And Other Top People Moves

    Robinhood Markets Inc. has hired an ex-counsel with Ripple and Blockchain.com as the new chief compliance officer of its cryptocurrency trading unit, while an ex-J.P. Morgan attorney landed at a New York-based private equity firm and Swedbank launched a search to replace its retiring compliance chief. 

  • September 24, 2021

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    The U.S. Securities and Exchange Commission stepped up efforts to obtain more disclosure on businesses' climate-related risks, and the Federal Trade Commission countered a company's bid to challenge the agency's authority.

  • September 24, 2021

    Huawei CFO Admits Duping HSBC On Iran Dealings

    Huawei Chief Financial Officer Meng Wanzhou on Friday entered into a deferred prosecution agreement with U.S. authorities and admitted to deceiving global lender HSBC about Huawei's business dealings with Iran.

  • September 24, 2021

    SEC Strikes $19M Bribery Settlement With Ad Giant WPP

    The U.S. Securities and Exchange Commission and WPP PLC struck a more than $19 million deal on Friday, resolving allegations that the advertising giant violated the anti-bribery provisions of the Foreign Corrupt Practices Act as it scooped up subsidiaries across the globe and repeatedly failed to act on red flags of corruption.

  • September 23, 2021

    UC San Diego Health Sued Over Patient Data Breach

    The University of California San Diego's health system was hit with at least two putative class actions in California federal court this week over a data breach that purportedly compromised hundreds of thousands of patients' medical records and other personal identifiable information.

  • September 23, 2021

    Del. Justices Toughen Demand-Futility Test In Facebook Row

    Delaware's Supreme Court adopted a new more stringent demand-futility standard for derivative suits Thursday and upheld the dismissal of a Facebook investor's $95 million derivative suit that sought to recover litigation fees Facebook spent defending CEO Mark Zuckerberg's eventually abandoned stock reclassification plan.

  • September 23, 2021

    SEC Letter Raises Climate Reporting Bar Before Rules Drop

    The U.S. Securities and Exchange Commission has begun rolling out letters nudging public companies to bolster their disclosures related to climate-related risks in SEC filings, an apparent effort to set a higher bar for business in anticipation of the agency's long-awaited rulemaking on the matter.

  • September 23, 2021

    DOJ's American-JetBlue Suit An Aggressive Antitrust Flex

    President Joe Biden's pro-competition agenda is boldly targeting American Airlines, the world's largest carrier, and JetBlue over a Trump administration-approved alliance that regulators now liken to a 19th-century trust, but experts say questions remain as to whether the airlines' promises of increased consumer choice are actually being realized.

Expert Analysis

  • Fla. Business Judgment Ruling May Benefit US Country Clubs

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    The recent Florida appellate court ruling in Share v. Broken Sound Club fills the void in case law applying the business judgment rule to country clubs, highlights the broad scope of authority granted to these clubs across the state, and carries potential nationwide industry benefits, say Eric Coleman and Ryan Roman at Akerman.

  • Aviation Watch: Red Lights For Virgin Galactic

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    After a troubled flight in July, the Federal Aviation Administration has grounded Virgin Galactic's private spaceflight operation — and given the seriousness of the company's possible violations of federal aviation rules, its regulatory troubles could be just beginning, says Alan Hoffman, a retired attorney and aviation expert.

  • What Plaintiffs Can Do If J&J Succeeds In Bankruptcy Strategy

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    If Johnson & Johnson is successful in its proposed divisive merger — a company split where all liabilities are shifted to a new company that files for bankruptcy — J&J tort plaintiffs will need to stick together to use the Bankruptcy Code's tools, including its voting mechanisms, to exert leverage on the debtor company, says Edward Neiger at Ask.

  • 3 Attorney Ethics Considerations For Litigation Funding

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    The growth of the litigation finance industry has generated questions on the obligations of counsel when their clients are seeking outside capital to fund litigation, which litigators must understand when providing information to a third-party funder and discussing legal strategy with a client, says Matthew Oxman at LexShares.

  • Key Trends In Recent Cyber-Related Securities Class Actions

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    ​​​​​​​A review of trends from recent cyber-related securities class actions suggests that shareholder plaintiffs will likely continue to focus on public companies' reporting deficiencies, so companies should evaluate and update their disclosures in light of litigation and information security risks, say Cara Peterman and Sierra Shear at Alston & Bird.

  • Opinion

    Ruling Rightly Sends COVID Biz Interruption Question To Jury

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    After a string of insurer coronavirus coverage wins on dispositive motions, a Missouri federal court's ruling this week in favor of the policyholder in K.C. Hopps v. Cincinnati Insurance places the decision-making responsibility about the facts and science in COVID-19 business interruption cases back where it belongs — with a jury, say attorneys at Pillsbury.

  • Commercial Takeaways After Tech Co. Faces Export Fine

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    The U.S. Department of State recently fined Keysight Technologies for violating U.S. export control requirements, underscoring that commercial sector companies without export compliance resources are still responsible for following the International Traffic In Arms Regulations and the Export Administration Regulations even if they have few government customers, says Thomas McVey at Williams Mullen.

  • 4 Steps For Improving Board Diversity Per New Nasdaq Rule

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    Companies should view Nasdaq's recently finalized board diversity rules as an opportunity to tap into the knowledge and resources of potential board members who may not look like or have the same life experiences as individuals who have historically served on boards, say attorneys at Shook Hardy.

  • The Difficult Art Of Advertising Carbon Reductions

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    Advertising carbon emission reductions allows businesses to show their commitment to addressing climate change, but such claims can open companies to legal risk — so it is crucial to accurately quantify the emissions, and verify carbon offsets before purchasing them, say Linda Goldstein and Randal Shaheen at BakerHostetler.

  • How ABA Opinion Shifts Alternative Biz Structure Landscape

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    A recent American Bar Association opinion approving lawyers' passive investment in nonlawyer-owned firms eliminates a hurdle for law firms wishing to scale their practice through alternative business structures, but aspiring investors should follow a few best practices, say Hilary Gerzhoy and Deepika Ravi at Harris Wiltshire.

  • Opinion

    Why Coinbase Was Destined To Lose Its Battle With The SEC

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    In the wake of Coinbase's pulling of its new lending product, despite the crypto platform's initial rejection of U.S. Securities and Exchange Commission scrutiny, cybersecurity consultant John Reed Stark explains why Coinbase's defenses were doomed and that the program was obviously a security.

  • Series

    Embracing ESG: HPE Counsel Talk Effective Board Oversight

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    Governance teams can more effectively shape board oversight of environmental, social and governance issues by ensuring organizationwide agreement on the most relevant issues, building a materiality framework that reflects stakeholder input, and monitoring the integration of ESG into operations, say Rishi Varma and Derek Windham at Hewlett Packard Enterprise.

  • Now Is The Time For A Compliance Program Tuneup

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    As pandemic-related telework continues to create new ethics risks, employers should use this opportunity to evaluate and strengthen their compliance approach using the U.S. Department of Justice’s updated guidance to prosecutors, says Raymond Perez at Fisher Phillips.

  • How Calif. High Court Rulings Narrow Prevailing Wage Law

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    Two recent rulings by the California Supreme Court in Mendoza v. Fonseca McElroy Grinding and Busker v. Wabtec should come as good news to public works construction contractors, subcontractors and suppliers, as they clarify and limit the scope of the state’s prevailing wage law in several important ways, say Laurence Phillips and Tyler Paetkau at Procopio Cory.

  • Parsing New Int'l Tax Reporting Rules For Pass-Throughs

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    Attorneys at Grant Thornton unpack the Internal Revenue Service’s new pass-through entity reporting requirements for international tax matters and the accompanying guidance for penalty relief, and suggest how companies should prepare for what may be the most significant change to the partnership compliance function in decades.

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