Corporate

  • April 19, 2024

    Don't Let The Rush Into AI Create Risk Blind Spots, Cos. Told

    As corporations increasingly adopt artificial intelligence capabilities into their workflows, they should also implement guardrails to stave off major risks the rapidly evolving technology poses, lawyers said during a New York City Bar panel discussion Friday.

  • April 19, 2024

    Allergan To Face Kickback Claim In Suit Over Child Botox Use

    A Texas federal judge has axed allegations that pharmaceutical company Allergan Inc. defrauded the U.S. government when it promoted the unapproved use of Botox to treat migraines in children but will allow claims that the company bribed doctors to conduct the procedure to move forward.

  • April 19, 2024

    Employment Authority: Title VII Ruling Unanswered Questions

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on the unanswered questions the U.S. Supreme Court's ruling that Title VII prohibits discriminatory job transfers left, how lower courts could decide how much transportation work can exempt workers from federal arbitration and a look at a workers' bid to unionize at a Volkswagen facility in Chattanooga, Tennessee.

  • April 19, 2024

    Casino SPAC Can Return Money, Not Shares, Chancery Rules

    Stockholders in a blank-check company that failed to merge with a Philippines-based casino are entitled to a distribution from $37.5 million sitting in trust, but the company may not redeem any shares until an investor's Delaware lawsuit plays out, a Chancery Court vice chancellor said Friday.

  • April 19, 2024

    Up Next At High Court: Abortions & Presidential Immunity

    The U.S. Supreme Court will return Monday for the term's final week of oral arguments, during which it will consider several high-stakes disputes, including whether a federal healthcare law can preempt state abortion bans and whether former President Donald Trump is entitled to immunity from criminal charges related to official acts.

  • April 19, 2024

    Student Housing Co. Founder Claims She Was Pushed Out

    A co-founder of a global company formed to provide booking for student housing sued her former colleague in Delaware's Court of Chancery on Friday, alleging a scheme by insiders to push her out of the business and then line up a sale to avoid a judgment after the move's reversal.

  • April 19, 2024

    IRS Previews New Digital Assets Reporting Form

    The Internal Revenue Service released a draft of a form brokers will have to use for the first time to disclose their digital asset sales to the agency, including instructions for taxpayers whose transactions are subject to the reporting requirements. 

  • April 19, 2024

    Climate Lawsuits Aren't The SEC's Only Legal Headache

    The U.S. Securities and Exchange Commission has been grabbing headlines over the past couple of months as it attempts to fend off a host of lawsuits challenging recently enacted climate disclosure rules, but the agency has been no stranger to litigation brought by business groups opposing everything from new stock buyback disclosures to the agency's growing private fund oversight to its hands-off approach to crypto rule writing. 

  • April 19, 2024

    Quinn Emanuel Fights Sanctions Bid Over Musk Deposition

    Quinn Emanuel Urquhart & Sullivan LLP has protested a move by a man suing Elon Musk for defamation to sanction partner Alex Spiro for his conduct during a deposition of Musk, telling a Texas state court Spiro was simply speaking up to protect Musk's interests and that the plaintiff was taking part in "school-yard antics."

  • April 19, 2024

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    Tesla is thumbing its nose at the Delaware Chancery Court by again asking its shareholders to approve a $55 billion pay package for Elon Musk — essentially the same pay package the court voided in January. And British telecom giant BT Group will reward two law firms for successful diversity and AI programs with automatic spots on its pared down legal panel. These are some of the stories in corporate legal news you may have missed in the past week.

  • April 19, 2024

    French Train Biz Alstom Selling Signaling Biz For $671M

    French train manufacturer Alstom said Friday it has agreed to sell its North American conventional signaling business to German brake-maker Knorr-Bremse AG for about €630 million ($671 million). 

  • April 19, 2024

    The Week In Trump: NY Trial And A High Court Date Loom

    Despite a few snags, jury selection for Donald Trump's hush money trial in Manhattan unfolded relatively quickly, clearing the way for opening statements Monday in the historic case as the former president prepped for a U.S. Supreme Court debate over his supposed immunity.

  • April 19, 2024

    Sidley, Perkins Coie Guiding Nordstrom On Strategic Review

    Sidley Austin LLP and Perkins Coie LLP are representing a special committee of Nordstrom Inc.'s board of directors that is looking into taking the Seattle-based luxury department store private after an earlier 2017 go-private plan fell apart.

  • April 19, 2024

    Antitrust Case Judge Reveals Husband's Ties With Apple

    A New Jersey federal magistrate judge assigned to the U.S. Department of Justice's recent iPhone antitrust case disclosed on Friday her husband has ties to Apple, but told the parties she does not believe she needs to recuse herself.

  • April 19, 2024

    Off The Bench: NCAA Rules, Trans Athlete Win, NBA Pro's Ban

    In this week's Off The Bench, the NCAA formally lifted restrictions on athletes transferring schools and how they can receive name, image and likeness money, West Virginia's transgender sports ban is dealt a blow by the Fourth Circuit, and betting costs an NBA player his career.

  • April 19, 2024

    Twitter Can't Sink Age Bias Suit Over Post-Musk Layoffs

    A California federal judge has refused to throw out a former Twitter employee's proposed class action alleging that a wave of layoffs following Elon Musk's acquisition of the social media platform now called X disproportionately pushed out older workers, saying the suit had enough detail to stay in court.

  • April 19, 2024

    Self-Immolation Near Trump Trial Prompts Security Review

    The New York Police Department is reviewing security protocols for former President Donald Trump's first criminal trial after a man set himself on fire across the street from the Manhattan courthouse where the proceeding was taking place Friday, underscoring safety concerns.

  • April 19, 2024

    Mondi Drops Pursuit Of DS Smith After Int'l Paper Deal

    British packaging company Mondi officially dropped out of its running battle with International Paper to buy DS Smith on Friday after the two latter companies struck a more than $7 billion deal to join forces earlier this week.

  • April 19, 2024

    Ex-Pharma Exec Says Judge 'Coercive' In SEC Contempt Case

    A former pharmaceutical executive facing criminal contempt charges for using an alias to flout a U.S. Securities and Exchange Commission ban says a Massachusetts federal judge was "coercive" in suggesting he might avoid prosecution if he cooperated with the agency.

  • April 18, 2024

    Amazon Ignored Labor, IP Laws In AI 'Panic,' Ex-Worker Says

    An artificial intelligence researcher suing Amazon for labor law violations says it disregarded numerous laws in a frantic attempt to catch up to its AI rivals, directing her to ignore copyright laws in developing its large language models and retaliating when her pregnancy leave coincided with a rival's product launch.

  • April 18, 2024

    USPTO Reveals Scaled-Back Plan For New Patent Board Rules

    The U.S. Patent and Trademark Office unveiled proposed Patent Trial and Appeal Board rules Thursday that would codify current policies on when multiple challenges to one patent are permitted and set a new briefing process about discretionary denials, which attorneys say should add clarity.

  • April 18, 2024

    Ex-Autonomy CEO Wanted Whistleblower Fired, Ex-GC Says

    Former Autonomy CEO Michael Lynch thought a finance department whistleblower was "trying to destroy the company" and wanted him fired, the software company's former U.S. general counsel testified Thursday in a criminal fraud trial over claims Lynch conned HP into buying the British company at an inflated price of $11.7 billion.

  • April 18, 2024

    Chancery OKs Case Lead For Blue Bell Creameries Suit

    A Delaware vice chancellor on Thursday restored a Blue Bell Creameries Inc. stockholder's widow as lead plaintiff in a derivative suit seeking to hold directors and officers of the ice cream company accountable for deadly food-safety oversight failures in 2015.

  • April 18, 2024

    SEC Exams Division Flags Misleading Claims In Adviser Ads

    Investment advisers are publishing various misrepresentations and omissions in marketing materials, according to a recent risk alert from the U.S. Securities and Exchange Commission's examinations division that flagged a litany of compliance issues with the agency's marketing rule.

  • April 18, 2024

    AT&T, Pittsburgh Settle Dispute Over Cell Site Fees, Delays

    The city of Pittsburgh has created a new fee schedule for small wireless communications facilities, which AT&T agreed will resolve the telecom firm's claims that the city effectively prevented its service expansion with its prior fee schedule, according to a joint stipulation filed in Pennsylvania federal court.

Expert Analysis

  • The Practical Effects Of Justices' Arbitration Exemption Ruling

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    The U.S. Supreme Court's recent decision in Bissonnette v. LePage Bakeries, that a transportation worker need not work in the transportation industry to be exempt from the Federal Arbitration Act, may negatively affect employers' efforts to mitigate class action risk via arbitration agreement enforcement, say Charles Schoenwetter and Eric Olson at Bowman and Brooke.

  • Highlights From The 2024 ABA Antitrust Spring Meeting

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    U.S. merger enforcement and cartels figured heavily in this year's American Bar Association spring antitrust meeting, where one key takeaway included news that the Federal Trade Commission's anticipated changes to the Hart-Scott-Rodino form may be less dramatic than many originally feared, say attorneys at Freshfields.

  • What FERC's Disclosure Demands Mean For Cos., Investors

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    Two recent Federal Energy Regulatory Commission orders reflect the commission's increasingly meticulous approach to reviewing corporate structures in applications for approval of proposed consolidations, acquisitions or changes in control — putting the onus on the regulated community to track and comply with ever-more-burdensome disclosure requirements, say attorneys at Willkie.

  • Why Corporate DEI Challenges Increasingly Cite Section 1981

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    As legal challenges to corporate diversity, equity and inclusion initiatives increase in the wake of the U.S. Supreme Court's ruling on race-conscious college admissions last year, Section 1981 of the Civil Rights Act is supplanting Title VII as conservative activist groups' weapon of choice, say Mike Delikat and Tierra Piens at Orrick.

  • How Duty Of Candor Figures In USPTO AI Ethics Guidance

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    The duty of candor and good faith is an important part of the artificial intelligence ethics guidance issued last week by the U.S. Patent and Trademark Office, and serious consequences can visit patent and trademark applicants who violate that duty, not just their attorneys and agents, says Michael Cicero at Taylor English.

  • Corp. Transparency Act Could Survive 11th Circ. Several Ways

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    If the Eleventh Circuit upholds an Alabama federal court’s injunction against the Corporate Transparency Act, the anti-money laundering law could persist as a narrower version that could moot some constitutional challenges, but these remedies would likely generate additional regulatory or statutory ambiguities that would result in further litigation, say attorneys at Perkins Coie.

  • Del. Match.com Ruling Maintains Precedent In Time Of Change

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    Despite speculation that the Delaware Supreme Court could drive away corporations if it lowered the bar for business judgment review in its Match.com stockholder ruling, the court broke its recent run of controversial precedent-busting decisions by upholding, and arguably strengthening, minority stockholder protections against controller coercion, say Renee Zaytsev and Marc Ayala at Boies Schiller.

  • The Future Of BIPA Insurance Litigation After Visual Pak

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    A recent Illinois appellate court decision, National Fire Insurance v. Visual Pak, may have altered the future of insurance litigation under the state's Biometric Information Privacy Act by diametrically opposing a prominent Seventh Circuit ruling that found insurance coverage for violations of the act, say attorneys at Jenner & Block.

  • Macquarie Ruling Raises The Bar For Securities Fraud Claims

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    The U.S. Supreme Court's decision last week in Macquarie Infrastructure v. Moab Partners — holding that a U.S. Securities and Exchange Commission rule does not forbid omissions in company disclosures unless they render other statements false — is a major setback for plaintiffs pursuing securities fraud claims against corporations, say attorneys at Skadden.

  • First 10b5-1 Insider Trading Case Raises Compliance Issues

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    The ongoing case against former Ontrak CEO Terren Peizer is the U.S. Department of Justice's first insider trading prosecution based primarily on the filing of 10b5-1 plans, and has important takeaways for attorneys reviewing corporate policies on the possession of material nonpublic information, say attorneys at Cadwalader.

  • Tenn. Law Protecting Artists From AI Raises Novel Issues

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    Tennessee recently enacted a law that extends the right of publicity protection to individuals' voices in an attempt to control the proliferation of artificial intelligence in the music industry, presenting fascinating questions about the First Amendment, the fair use doctrine and more, say attorneys at Davis Wright.

  • Consumer Privacy Takeaways From FTC Extraterritorial Action

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    With what appears to be its first privacy-related consent agreement with a non-U.S. business, the Federal Trade Commission establishes that its reach is extraterritorial and that consumer internet browsing data is sensitive data, and there are lessons for any multinational business that handles consumer information, say Olivia Greer and Alexis Bello at Weil.

  • Assessing Work Rules After NLRB Handbook Ruling

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    The National Labor Relations Board's Stericycle decision last year sparked uncertainty surrounding whether historically acceptable work rules remain lawful — but employers can use a two-step analysis to assess whether to implement a given rule and how to do so in a compliant manner, say attorneys at Seyfarth.

  • FDIC Bank Merger Reviews Could Get More Burdensome

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    Recently proposed changes to the Federal Deposit Insurance Corp. bank merger review process would expand the agency's administrative processes, impose new evidentiary burdens on parties around competitive effects and other statutory approval factors, and continue the trend of long and unpredictable processing periods, say attorneys at Simpson Thacher.

  • Series

    Whitewater Kayaking Makes Me A Better Lawyer

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    Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.

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