Corporate

  • May 13, 2021

    11th Circ. Doubts Confusion Between Two 'Foremost' Cos.

    Farmers Insurance faced a skeptical audience at the Eleventh Circuit on Thursday in an appeal aimed at reviving a trademark lawsuit over its "Foremost" brand, with one judge suggesting that "no sentient customer" would be confused by a rival's use of the name.

  • May 13, 2021

    Allstate Workers Fight Insurer's Bid To Ditch ERISA Suit

    A proposed class of current and former Allstate employees say the insurer can't ditch their claims they lost more than $70 million in retirement savings due to plan mismanagement, arguing an "extensive body" of federal labor law protects their right to sue.

  • May 13, 2021

    DC Circ. Won't Stay Dakota Access Pipeline Permit Ruling

    The D.C. Circuit on Thursday refused to put on hold its ruling backing a lower court decision to wipe out an Army Corps of Engineers easement for the controversial Dakota Access pipeline as the pipeline's owners plan a U.S. Supreme Court appeal.

  • May 13, 2021

    Raytheon Balks At Hourly Rate In $8.5M ERISA Fee Ask

    Raytheon Co. has urged a Massachusetts federal judge to shrink what it calls a bloated $8.5 million fee request by attorneys who secured a $59 million settlement in a benefits class action, saying Wednesday that amount would equate to a staggering $3,800 hourly rate.

  • May 12, 2021

    Ericsson To Pay Nokia €80M To Nix FCPA Probe-Related Claim

    Ericsson has agreed to pay Nokia €80 million ($97 million) to end a damages claim related to the 2019 resolution of allegations by U.S. agencies that the Stockholm-based telecom giant violated the U.S. Foreign Corrupt Practices Act, it was announced Wednesday.

  • May 12, 2021

    Jenner & Block Partner Appointed To Monitor UAW Deal

    A Michigan federal judge on Wednesday granted the government's unopposed motion to appoint Jenner & Block LLP partner Neil Barofsky as an independent monitor to help carry out a consent decree that ended a sprawling probe into the United Auto Workers union.

  • May 12, 2021

    Epic Antitrust Judge Doubts Apple Expert's Amex Comparison

    A California federal judge presiding over Epic's high-stakes antitrust trial appeared skeptical Wednesday of a professor's testimony that Apple's anti-steering provisions are akin to restrictions upheld by the high court in Ohio v. American Express, noting that brick-and-mortar stores advertise various payment methods, while the virtual App Store does not.

  • May 12, 2021

    SEC Fines Broker $1.5M For Failure To Report Cybercrimes

    A broker-dealer of Empower Retirement must pay $1.5 million to the U.S. Securities and Exchange Commission for failing to file hundreds of suspicious-activity reports despite knowing that bad actors were hacking, or attempting to hack, customer accounts, the agency announced Wednesday.

  • May 12, 2021

    Ralph Lauren Loses Virus Coverage Fight With Factory Mutual

    Ralph Lauren Corp. isn't entitled to coverage for pandemic-related losses under its $700 million property insurance policy with Factory Mutual Insurance Co., a New Jersey federal judge ruled Wednesday, finding that the fashion giant hadn't specifically alleged physical loss or damage to its properties.

  • May 12, 2021

    NLRB Says Acting GC Could Drop Case Against Teamsters

    A food distributor cannot challenge a National Labor Relations Board prosecutor's decision to drop litigation accusing two Teamsters locals of violating federal labor law, the board has ruled, saying the case was not so far along that the prosecutor did not have authority to withdraw it.

  • May 12, 2021

    Calif. Court Mostly Denies Bid For Tesla Plant Worker Data

    A Tesla contractor has mostly escaped whistleblowers' demands for visa records identifying allegedly trafficked migrant workers, after a California federal judge ruled that the company wasn't required to turn over everything in its possession under a settlement agreement.

  • May 12, 2021

    Biden's DOL Top Lawyer Nominee Advances, NLRB Pick Stalls

    A Senate panel on Wednesday advanced two of President Joe Biden's nominees for influential posts dealing with labor and employment, including the pick for the U.S. Department of Labor's third-ranking official, but the future of an additional nominee is uncertain.

  • May 12, 2021

    House Committee Approves Tax Haven Disclosure Bill

    The House Financial Services Committee approved legislation Wednesday that would require multinationals to publicly disclose country-by-country financial reporting, which its proponents say would document corporate abuse of tax havens.

  • May 12, 2021

    Biden Orders IT Gov't Contractors To Report Data Breaches

    President Joe Biden created a new national review board for major cyberattacks and ordered IT sector government contractors to report data breaches as part of an executive order issued Wednesday after hacks on a major U.S. pipeline company and federal agencies.

  • May 12, 2021

    Big Tech Critic Lina Khan Clears Senate Panel For FTC Seat

    A U.S. Senate panel on Wednesday approved the nomination of progressive academic and Big Tech adversary Lina Khan to the Federal Trade Commission, bringing the agency one step closer to a Democratic majority.

  • May 12, 2021

    Wells Fargo Can't Escape ERISA Self-Dealing Suit

    Wells Fargo must face a proposed class action accusing it of wrongly including proprietary investment options in its employee 401(k) plan and engaging in prohibited party-in-interest and self-dealing transactions, a Minnesota federal judge ruled Wednesday.

  • May 12, 2021

    Citi Denied $500M Freeze Extension In Revlon Transfer Fight

    A New York federal judge ruled Wednesday that a group of Revlon lenders that were accidentally wired more than $500 million by Citibank NA last summer should be able to have access to that money while the bank takes its clawback effort to the Second Circuit, though he won't be unfreezing the funds just yet.

  • May 12, 2021

    Apple, Chicago Trade Jabs Over Streaming Tax Case Ripeness

    A Chicago attorney said Wednesday that Apple's challenge to the city's streaming tax isn't ripe because Chicago hasn't affirmatively stated the tax applies to some of Apple's services, while the company's counsel said the ordinance imposes the tax on them.

  • May 12, 2021

    DC Judge Sanctions Paul Weiss, Alex Oh In Exxon Case

    A D.C. federal judge opted Wednesday to admonish Paul Weiss Rifkind Wharton & Garrison LLP and former firm partner Alex Oh in connection with the Exxon human rights case that appears to have led Oh to resign prematurely from her new post as enforcement head of the U.S. Securities and Exchange Commission.

  • May 12, 2021

    Holland & Knight Snaps Up Former SoftBank Deputy GC

    Holland & Knight announced on Wednesday it has added the former deputy general counsel of SoftBank's Latin American Fund to its Miami office.

  • May 12, 2021

    Affirm Looks In-House For Its Next Chief Legal Officer

    Fintech startup Affirm has promoted as its next chief legal officer an attorney whose background includes being general counsel for Toyota Financial Services, the company has announced.

  • May 12, 2021

    Walmart Latest Big Company To Agree To Cut Plastics Use

    A shareholder agreement with Walmart Inc., the world's largest grocery retailer, to substantially cut its use of virgin plastic is the latest in a series of U.S. corporate actions recognizing that companies are moving to save the environment from damaging plastics.

  • May 12, 2021

    High Court's Pension Ruling Is Sinking Health Plan Suits

    Employer attempts to use a 2020 U.S. Supreme Court ruling that limited litigation over pensions to also knock out 401(k) class actions have largely fallen flat, yet they are starting to see success in an unexpected context: suits over health plan management.

  • May 11, 2021

    Apple Wanted App Users 'Hooked,' Exec's 2013 Email Reveals

    A top Apple executive told company CEO Tim Cook in 2013 that getting customers to use Apple virtual stores like iTunes is "one of the best things we can do to get people hooked to the ecosystem," according to an email revealed Tuesday during Epic Games Inc.'s high-stakes antitrust bench trial.

  • May 11, 2021

    NLRB Judge Chides Amazon, Board Attys In Firing Case

    A National Labor Relations Board judge erupted at attorneys for Amazon and the worker the company is accused of firing for his role in protests against the company's COVID-19 safety policies, scolding them Tuesday for repeatedly asking pointless questions.

Expert Analysis

  • Keep Forced Labor Out Of Supply Chains As Scrutiny Rises

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    Companies can manage the increasing risk of penalties and reputational harm arising from discovery of forced labor in their supply chains by developing and implementing auditable compliance programs that include measurable milestones and supply chain mapping through data analytics and blockchain automation, say trade and customs advisers at KPMG.

  • Judge's Rebuke Of Mass. AG Has Lessons For All Attorneys

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    A Massachusetts federal judge’s recent rebuke of the state Attorney General’s Office for refusing to respond to discovery requests in Alliance for Automotive Innovation v. Healey highlights six important considerations for attorneys who want to avoid the dreaded benchslap, say Alison Eggers and Dallin Wilson at Seyfarth.  

  • How 5-Year-Old Defend Trade Secrets Act Has Met Its Goals

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    Case law and data reveal that, five years after its enactment, the Defend Trade Secrets Act has opened up federal courts to litigants and has proven effective against extraterritorial misappropriation, while concerns about inconsistency and overuse of ex parte seizures have not borne out, say attorneys at Crowell & Moring.

  • Font Considerations To Give Your Legal Briefs An Edge

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    Following the D.C. Circuit’s recent notice discouraging use of the font Garamond in legal briefs, Jason Steed at Kilpatrick looks at typeface requirements and preferences in appellate courts across the country, and how practitioners can score a few extra brief-writing points with typography.

  • Avoiding Biometric Privacy Class Actions After Md., NY Bills

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    Pending biometric privacy laws in Maryland and New York, if passed, could trigger other jurisdictions to follow suit, so businesses should start implementing compliance practices now to stave off a wave of class actions, says David Oberly at Blank Rome.

  • Make Profitability Management Part Of Your Law Firm Culture

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    As the legal industry continues to change in the post-pandemic world, law firms should adapt to client demands by constantly measuring and managing the profitability of their services, says Joseph Altonji at LawVision.

  • Outsourcing Proxy Voting Is Still A Concern After SEC Rule

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    Although robo-voting has modestly declined since the U.S. Securities and Exchange Commission finalized its proxy voting rule last summer, the SEC should ensure asset managers don’t wholly outsource their voting responsibilities to proxy advisers, and should consider disabling the practice outright, says Tim Doyle at Guidepost Strategies.

  • Series

    Winner's Playbook: Behind The Scenes Of Lamps Plus

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    The U.S. Supreme Court issued a major decision on class arbitration in Lamps Plus v. Varela two years ago. Now, attorneys at Lewis Brisbois and Mayer Brown explain how their work for Lamps Plus developed the law on interpreting arbitration agreements that exclude language expressly addressing class arbitration.

  • How D&O Coverage Fits Into Diversity Claim Mitigation

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    As companies face a shift in the directors and officers insurance market following a spate of recent shareholder suits over lack of diversity in corporate leadership, executive teams should review D&O policy coverage while implementing diversity initiatives that will effect meaningful, long-term change, say Natasha Romagnoli and Hannah Ahn at Blank Rome.

  • Functionality's Role In Oracle Copyright Ruling Isn't So Novel

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    In its recent Google v. Oracle decision, the U.S. Supreme Court seemingly revived the copyright fair use factor concerning functionality, highlighting its significant role, particularly in technological contexts, but this accords with a long-standing minority view, says Andrew Michaels at the University of Houston Law Center.

  • Eaton Vance Fund Ruling Shows Perils Of Defensive Bylaws

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    In light of a Massachusetts court's recent ruling in Eaton Vance Senior Income Trust v. Saba Capital Master Fund, reaffirming fund shareholders' voting rights, trustees and advisers should proceed cautiously when implementing bylaws that make it harder for shareholders to exercise those rights, says Aaron Morris at Barr Law.

  • 4 Trends In Discoverability Of Litigation Funding Documents

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    Recent rulings shed light on how courts and international arbitration tribunals decide if litigation funding materials are discoverable and reaffirm best practices that attorneys should follow when communicating with funders, say Justin Maleson at Longford Capital and Michele Slachetka and Christian Plummer at Jenner & Block.

  • High Court's AMG Ruling Could Hinder FDA Enforcement

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    The U.S. Supreme Court's decision in AMG Capital v. Federal Trade Commission, limiting the agency's ability to seek equitable monetary relief under the FTC Act, will likely also restrain the U.S. Food and Drug Administration's authority under the Federal Food, Drug, and Cosmetic Act, due to similarities between the laws, say Joshua Oyster and Jenna McCarthy at Ropes & Gray.

  • Expect Increasing Scrutiny Of Wage-Fixing, No-Poach Deals

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    Employers can expect more actions against wage-fixing or no-poach agreements as the U.S. Department of Justice's Antitrust Division cracks down on labor market collusion, so companies should consider tailoring these agreements on their scope, duration and definition of nonsolicitation, say attorneys at Duane Morris.

  • Opinion

    SEC Should Drop Litigation Over Ripple's XRP Token

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    The U.S. Securities and Exchange Commission should settle or withdraw its allegations that Ripple Labs' XRP is an unregistered security, and focus on creating new rules for securities registration that account for the unique dynamics of digital assets, says J.W. Verret at George Mason University.

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