Corporate

  • February 28, 2024

    Scrubs Co. Must Arbitrate With Its Ex-Atty Over False Ad Loss

    A healthcare apparel company that lost its Lanham Act false advertising suit against a competitor in California federal court must pursue claims against its former lawyer in arbitration, while the company agreed to pursue claims against the lawyer's firm, Michelman & Robinson LLP, a Los Angeles judge ruled Wednesday. 

  • February 28, 2024

    Judge Says Ermi Counterclaims In Qui Tam Case Can Stand

    A Georgia federal judge refused on Tuesday to free Ermi LLC's former chief compliance officer from counterclaims the company lodged in response to her whistleblower suit accusing the company of fraud and retaliation, with the judge saying the company has adequately alleged breaches of fiduciary duty and contract claims.

  • February 28, 2024

    Crown Castle Founder Alleges Entrenchment Bid In Del. Suit

    The co-founder of cell tower operator Crown Castle Inc. sued the Texas company Wednesday in Delaware's Court of Chancery, seeking to invalidate a cooperation agreement between its board and activist investor Elliott Investment Management LP.

  • February 28, 2024

    TKO Reveals Ongoing Impact Of McMahon Issues In Filing

    WWE is not immune to the personal legal battles and controversies of disgraced founder Vince McMahon, who was recently accused of trafficking a former employee, according to a recent regulatory filing by parent company TKO.

  • February 28, 2024

    Trump Can't Freeze $465M Penalty But Can Seek Loans

    A New York state appellate judge on Wednesday refused to freeze the $465 million civil fraud judgment against Donald Trump while he appeals the award, but said the former president could take out loans to cover the cost of the judgment.  

  • February 28, 2024

    AdaptHealth, Ex-CEO Cut $51M Deal To End Investor Fight

    AdaptHealth and its former CEO have agreed to pay $51 million to resolve a shareholder suit alleging the medical equipment company misled investors by retroactively inflating growth numbers ahead of a merger with special acquisition firm DFB Healthcare Acquisitions Corp., according to court documents filed in Pennsylvania federal court Tuesday.

  • February 28, 2024

    NuVasive Can Pierce Co. To Collect From Ex-Rep, Judge Says

    NuVasive Inc. can pierce the corporate veil to collect a $617,000-plus arbitration judgment it won against a company operated by one of its former sales representatives who improperly cut ties with the medical device company and violated his noncompete agreement, a Boston federal judge has ruled. 

  • February 28, 2024

    Real Estate Group Of The Year: Hogan Lovells

    Hogan Lovells oversaw a busy 2023 that included successfully defending real estate investment trust Life Storage from a hostile takeover attempt, advising on billions in transactions in the real estate investment trust space and guiding clients to a direct listing on the New York Stock Exchange, earning the firm a spot among Law360's 2023 Real Estate Groups of the Year.

  • February 28, 2024

    6 Firms Guiding Disney, Reliance On $8.5B Indian Media JV

    The Walt Disney Co. and Reliance Industries Ltd. said Wednesday they have agreed to merge their media operations in India, combining Disney's Star India with Reliance's Viacom18 to create a leading TV and digital streaming enterprise in the country, valued at roughly $8.5 billion.

  • February 28, 2024

    Draft EU Withholding Law Breezes Through EU Parliament

    The European Parliament gave a clear green light on Wednesday to a draft law intended to streamline refunds for withholding tax and prevent fraud in the European Union, completing a necessary procedural step in the legislative process.

  • February 27, 2024

    Bankman-Fried Urges No More Than 6.5 Years For FTX Fraud

    FTX founder Sam Bankman-Fried asked a Manhattan federal judge late Tuesday for a sentence that releases him "promptly" after his conviction for stealing billions from customers of the now-collapsed crypto exchange, arguing that federal sentencing guidelines recommend no more than six-and-a-half years in prison.

  • February 27, 2024

    WWE Says Deal To End Rival's Antitrust Suit Was Worth $20M

    World Wrestling Entertainment Inc. on Tuesday disclosed details of a settlement ending rival MLW Media LLC's lawsuit accusing the entertainment giant of monopolizing pro wrestling broadcasts in the U.S., saying in a filing with the U.S. Securities and Exchange Commission that the December deal was worth $20 million.

  • February 27, 2024

    TaxAct Filers Ink $23M Deal Over Meta, Google Info Sharing

    TaxAct Inc. customers have asked a California federal judge to greenlight a settlement they say is worth more than $23 million and would resolve class claims accusing the tax preparation company of secretly sharing confidential taxpayer information with Meta Platforms Inc. and Google.

  • February 27, 2024

    Palo Alto Networks Investors Say Co. Lied On Growth Strategy

    Cybersecurity company Palo Alto Networks was hit with a proposed class action alleging it misled investors about the success of its platform consolidation strategy and damaged investors when its guidance cuts announcement led to a share price decline earlier this month.

  • February 27, 2024

    Fed's Barr Urges Careful Bank Counterparty Risk Practices

    The Federal Reserve's vice chair for supervision said Tuesday that banks should closely manage their exposure to counterparties, including by carefully measuring the credit risks they pose and using conservative margining practices.

  • February 27, 2024

    J&J's CMO Says He Would've Pulled Talc If It Caused Cancer

    The chief medical officer at Johnson & Johnson told jurors Tuesday that his department's review of the scientific literature showed no link between baby powder use and ovarian cancer, saying he would have pulled the product from shelves if they'd found a link.

  • February 27, 2024

    Insurer Gets BIPA Coverage Win After Ill. Appeals Court Ruling

    An Illinois federal judge granted a win to an insurer in a coverage dispute with a condiment company over biometric privacy litigation, changing course Tuesday in response to a state appeals decision concerning an identical policy exclusion.

  • February 27, 2024

    Del. Jury Urged To Award $142M Roundup Punitive Damages

    Attorneys for the family of a South Carolina man whose cancer death was allegedly linked to long working use of Monsanto Corp.'s Roundup herbicide asked a Delaware Superior Court jury Tuesday for $142 million in punitive damages for the company's purported disregard of the product's toxic risk.

  • February 27, 2024

    Employers Must Battle AI Bias, Fisher Phillips' AI Chief Says

    Employers embracing artificial intelligence and machine learning tools to automate time-consuming tasks, such as screening resumes and conducting interviews, must ensure those tools don't engage in "algorithm drift" that results in improper bias, which could put a company on the hook legally and ruin its brand reputation, says David Walton, chair of Fisher Phillips' artificial intelligence team.

  • February 27, 2024

    Calif. Appeals Court Backs Costco's Race Harassment Win

    A California appeals court declined Tuesday to grant a Black former Costco worker a new trial in his suit alleging he was regularly harassed on the job, ruling he failed to show that a jury was wrong to find that the comments he faced didn't harm him enough to justify a financial award.

  • February 27, 2024

    Goldman's $4.6M Exec Compensation Deal OK'd By Chancery

    A Delaware Chancery Court judge on Tuesday approved a settlement deal in a derivative suit against Goldman Sachs Group alleging excessive compensation was paid to nonemployee directors, which includes an agreement by the company to change its compensation practices and reduce executives' pay by an estimated $4.6 million.

  • February 27, 2024

    Ex-Anchorage Digital GC Speaks Out On Leaving Crypto Bank

    The former general counsel for cryptocurrency custodian Anchorage Digital said Tuesday that a continued lack of regulatory clarity for the industry as a whole and the scale of bad actors in the space led her to step down from her role with the digital asset bank late last year.

  • February 27, 2024

    'Delay' Adds $2.3M To Monsanto's $175M Roundup Judgment

    A Philadelphia judge on Tuesday added approximately $2.3 million in delay damages — a form of prejudgment interest — to a $175 million verdict against Bayer AG unit Monsanto in the case of a man who said using the weed killer Roundup caused him to develop cancer, also rejecting the company's request for a new trial.

  • February 27, 2024

    OpenAI Says NYT Suit Not Up To Own 'Journalistic' Standards

    OpenAI slammed The New York Times Co. for not meeting "its famously rigorous journalistic standards" with its complaint accusing the artificial intelligence company and Microsoft Corp. of ripping off Times content to train ChatGPT, with OpenAI alleging the newspaper hired a hacker to generate various examples of ChatGPT reproducing near-verbatim copies of articles.

  • February 27, 2024

    American Airlines Says ESG Doesn't Break Fiduciary Duty

    American Airlines Inc. has asked a Texas federal judge to ground a proposed class action involving environmental, social and governance policies in retirement plans, saying Monday that the plaintiff has no evidence that the airline breached fiduciary duty or that he suffered a loss.

Expert Analysis

  • How Broker-Dealers Can Prepare For New Remote Work Rules

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    Securities regulators recently expanded broker-dealers' ability to permit flexible remote working arrangements through the introduction of residential supervisory locations, a welcome change that better allows broker-dealers to attract and retain talent, say attorneys at King & Spalding.

  • 5 Tips For Policyholders Arbitrating R&W Insurance Claims

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    With more representations and warranties insurance disputes being arbitrated, policyholder counsel should note issues that are unique to RWI claims, including those of privilege, priority and preserving subrogation, says Micah Skidmore at Haynes Boone. 

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

  • Considerations For Disclosing AI Use In SEC Filings

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    Recent remarks from U.S. Securities and Exchange Commission Chair Gary Gensler should be heard as a clarion call for public companies to disclose artificial intelligence use, with four takeaways on what companies should disclose, says Richard Hong at Morrison Cohen.

  • Args In APA Case Amplify Justices' Focus On Agency Power

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    In arguments last week in Corner Post v. Federal Reserve, the U.S. Supreme Court justices paid particular importance to the possible ripple effects of their decision, which will address when a facial challenge to long-standing federal rules under the Administrative Procedure Act first accrues and could thus unleash a flood of new lawsuits, say attorneys at Snell & Wilmer.

  • Averting Patent And Other IP Risks In Generative AI Use

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    While leveraging generative AI presents potential problems such as loss of ownership of patents and other intellectual properties, a series of practice tips, including ensuring that the technology is used as a supplementary tool and is not contributing to invention conception, can help mitigate those concerns, say Mackenzie Martin and Bryce Bailey at Baker McKenzie.

  • Mitigating Whistleblower Risks After High Court UBS Ruling

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    While it is always good practice for companies to periodically review whistleblower trainings, policies and procedures, the U.S. Supreme Court’s recent whistleblower-friendly ruling in Murray v. UBS Securities helps demonstrate their importance in reducing litigation risk, say attorneys at Arnold & Porter.

  • Series

    ESG Around The World: Gulf Cooperation Council

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    The Gulf Cooperation Council is in the early stages of ESG policy implementation, but recent commitments by both states and corporations — including increases in sustainable finance transactions, environmental commitments, female representation on boards and human rights enforcement — show continuing progress toward broader ESG goals, say attorneys at Cleary.

  • Steps For Companies New To Sanctions Compliance

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    Businesses newly required to implement compliance programs due to the increased breadth of mandatory sanctions and export controls, including 500 additional Russia sanctions announced last Friday, should closely follow the guidance issued by the Office of Foreign Assets Control and other regulators, say Jennifer Schubert and Megan Church at MoloLamken.

  • A Cautionary Tale On Hospital-Physician Alignment Structures

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    A $345 million settlement between the U.S. Department of Justice and Community Health Network highlights how quickly hospital and physician alignment relationships can violate legal restrictions on such dealings, and the onerous financial penalties that can ensue, say Robert Threlkeld and Elliott Coward at Morris Manning.

  • Using Arbitration And Class Waivers As Privacy Suit Tools

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    Amid a surge in data breach class actions over the last few years, several federal court decisions indicate that arbitration clauses and class action waiver provisions can be possible alternatives to public court battles and potentially reduce the costs of privacy litigation, say Mark Olthoff and Courtney Klaus at Polsinelli.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • Cos. Must Know How NY, Federal LLC Disclosure Laws Differ

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    Though New York state's new LLC Transparency Act and the federal Corporate Transparency Act impose similar beneficial owner reporting obligations on limited liability companies, New York LLCs should study the important differences between the laws to ensure they are prepared to comply with both, say Abram Ellis, Olenka Burghardt and Jane Jho at Simpson Thacher.

  • Opinion

    Biden Admin's March-In Plan Would Hurt Medical Innovation

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    The Biden administration's proposal to reinterpret the Bayh-Dole Act and allow the government to claw back patents when it determines that a commercialized product's price is too high would discourage private investment in important research and development, says Ken Thorpe at the Rollins School of Public Health.

  • 9 Considerations For Divestitures, Carveouts And Spinouts

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    Amid new economic optimism, data protection, transitional services and seven other considerations can help legal practitioners untangle complex divestitures, carveouts and spinouts to unlock value for corporate sellers, say Kimberly Petillo-Décossard and Kristen Rohr at White & Case.

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