• February 13, 2024

    Biden Administration Beats Big Pharma Texas Medicare Suit

    A Texas federal judge said he could not entertain Big Pharma's challenge to the Biden administration's prescription drug pricing program since the only Texas-based trade group fighting the lawsuit failed to first bring its constitutional complaint to U.S. healthcare authorities.

  • February 13, 2024

    Sonos Decries California Judge's Decision To Toss $32.5M Win

    Speaker manufacturer Sonos urged the Federal Circuit to overturn a California judge's decision to throw out a $32.5 million infringement verdict Sonos won against Google and not let certain claims be tried, telling the appeals court that the judge's ruling could endanger thousands of patents.

  • February 13, 2024

    J&J Hid Cancer Risk From Consumers, Fla. Jury Told

    Johnson & Johnson has known for decades that its baby powder contains asbestos and is linked to cancer, a Miami jury was told Tuesday in a suit seeking to hold the company liable for the death of an anesthesiologist who used the talcum powder daily for 50 years.

  • February 13, 2024

    Ex-DraftKings Exec's Attys Seek $310K For Court Pingpong

    Lawyers for a former DraftKings Inc. executive who recently defected to rival Fanatics are seeking more than $310,000 in attorney fees, arguing the amount is reasonable and would cover their work for two "objectively unreasonable" removals of the case to federal court by DraftKings, behavior they called "disturbing litigation conduct."

  • February 13, 2024

    Enbridge, ExxonMobil Accused Of Monopolizing Oil Transport

    Enbridge and ExxonMobil were hit with an antitrust suit in Illinois federal court Tuesday accusing them of working together to deny others access to crude oil pipelines, pulling the plug on a new way to transport oil from the Chicago area after a company invested $11 million.

  • February 13, 2024

    Catching Up With Delaware's Chancery Court

    A pizza chain, an energy company, a medical-device maker and a Manila casino were all hit with book-and-record demands last week in Delaware's Court of Chancery. A shoe company also walked away from a shareholder suit, two cryptocurrency companies tallied the costs of a broken merger, and three cigarette giants argued over Florida settlement payments.

  • February 13, 2024

    OpenAI Gets Author Copyright Claims Trimmed — For Now

    A California federal judge dismissed the bulk of two proposed copyright class actions against ChatGPT creator OpenAI Inc. while giving two putative classes led by comedian Sarah Sliverman and author Paul G. Tremblay a chance to cure deficiencies in their pleadings in some instances.

  • February 13, 2024

    Ex-Twitter Workers Say Severance Plan Existed In $500M Suit

    The company formerly known as Twitter had a severance plan, workers laid off in the wake of ex-CEO Elon Musk's takeover told a California federal judge, fighting Musk and X's argument that the $500 million lawsuit should be tossed because no such plan existed.

  • February 13, 2024

    Elliott Nails 1st Board Seat At Phillips 66 After Prior Demand

    Oil refiner Phillips 66 said Tuesday it has named former Cenovus Energy executive Robert W. Pease to its board, caving to pressure from Elliott Investment Management after the activist investor revealed it bought up a $1 billion stake in the company and was seeking two board seats.

  • February 13, 2024

    Akerman Grows In NY With Real Estate, Corporate Additions

    Akerman LLP recently announced two additions to its New York office: a former Faegre Drinker Biddle & Reath LLP partner and an attorney who helped launch the Washington, D.C., office of an international law firm.

  • February 13, 2024

    DOL's Benefits Arm Reports $1.4B In Recoveries In 2023

    The U.S. Department of Labor's Employee Benefits Security Administration announced Tuesday that it recovered more than $1.4 billion in payments to plans, beneficiaries and participants in fiscal year 2023, an amount that is essentially level with the agency's total recoveries from the previous year.

  • February 12, 2024

    Meta Can't Trim Non-Facebook Users' Health Privacy Suit

    Meta Platforms can't cut down a proposed class action alleging it illegally received consumers' sensitive health information through its Meta Pixel tool, a California federal judge ruled Monday, saying the consumers have provided specific enough allegations of the kinds of sensitive information they claim was intercepted.

  • February 12, 2024

    State Street Inks $4.3M Deal To Resolve ERISA Claims

    State Street Corp. has agreed to pay $4.3 million to resolve proposed class claims that the bank managed its 401(k) plan for its own benefit rather than for workers in violation of the Employee Retirement Income Security Act, plan participants told a Massachusetts federal court on Monday.

  • February 12, 2024

    Retailer Sues Zimmerman Reed To End Privacy 'Shakedown'

    Zimmerman Reed LLP and thousands of its clients are unlawfully conspiring to "weaponize" a California wiretapping law in bringing a crush of arbitration claims against L'Occitane over its website user tracking practices, the cosmetics and home goods retailer alleged in urging a California federal court to put an end to this "shakedown."

  • February 12, 2024

    Justices Asked To Ignore 'Unremarkable' McDonald's Ruling

    Former McDonald's workers urged the U.S. Supreme Court not to review the hamburger chain's appeal of a Seventh Circuit ruling reviving a proposed class action targeting the company's since-discontinued franchise agreement's no-poach provisions.

  • February 12, 2024

    Fired Wells Fargo Exec Nabs Partial Win In Retaliation Suit

    A California magistrate judge on Monday granted a partial win to a former Wells Fargo executive who sued the bank for allegedly firing him because he was a whistleblower, rejecting arguments that the bank is preempted by a provision of the National Banking Act.

  • February 12, 2024

    Google Wins More Atty Fees In 'Frivolous' IP Suit

    A California federal judge on Monday awarded Google additional attorney fees and costs in a patent infringement suit brought by EscapeX IP, saying the patent assertion entity's objections to the initial fee award were "frivolous" and constituted "recklessness."

  • February 12, 2024

    Chancery Partly Shoots Down Moelis Founder Control Suit

    Global investment bank Moelis & Co. lost much of its bid Monday for summary dismissal of a stockholder suit seeking to invalidate stockholder agreements said to have wrongly ceded board powers to company founder and CEO Kenneth Moelis, Delaware's Court of Chancery ruled late Monday.

  • February 12, 2024

    EPA Scientist Rips Fluoride IQ Links As 'A Lot Of Uncertainty'

    A U.S. Environmental Protection Agency scientist testifying in a California federal bench trial Monday over fluoride's risks criticized studies showing links between fluoride exposure and IQ drops, saying repeatedly there's "a lot of uncertainty" regarding the studies' data and the "evidence is weak."

  • February 12, 2024

    Consulting Firm Says Ex-Partner Stole Captive Insurance Biz

    A consulting firm that assists in establishing captive insurance companies told a Colorado federal court that its former business partner breached its contract by working behind the firm's back to snag its clients and sabotage its business relationships, depriving the firm of both business opportunities and potential commission.

  • February 12, 2024

    X Says Ex-Workers' New Sex Bias Complaint Is Still Deficient

    X Corp. urged a California federal court to throw out a proposed class action alleging that Elon Musk's takeover of the company formerly known as Twitter predominantly impacted women through an ensuing culture shift and mass layoffs, saying a new complaint does not fix flaws identified in a previous effort.

  • February 12, 2024

    Google Says AI Data-Scraping Suit Still Doesn't Hold Up

    Google has once again asked a California federal judge to throw out, for good this time, a proposed class action claiming it steals private and copyrighted information from Americans to train its artificial intelligence chatbot, arguing consumers "have only made things worse" in the latest version of their complaint.

  • February 12, 2024

    Del. Court Won't Rehear Energy Co. Climate Suit Dismissal

    Five fossil fuel companies now facing state damage claims in Delaware tied to the environmental and health effects of their production and sales lost a bid Monday for reargument, clarification or limited reconsideration of a state Superior Court refusal to dismiss the claims.

  • February 12, 2024

    7th Circ. Says Plaintiffs' Strategy Doomed Lead Paint Appeal

    The Seventh Circuit has largely rejected a bid to revive toxic tort cases brought by roughly 170 plaintiffs allegedly harmed by lead paint pigment, saying a trial ruling dashing some members' claims applied broadly to almost the entire group.

  • February 12, 2024

    Alys Pharmaceuticals Launches With $100M In Financing

    A new immuno-dermatology company created as an amalgamation of six separate startups launched on Monday with $100 million in financing to target dermatological indications.

Expert Analysis

  • Calif. High Court Ruling Outlines Limits On PAGA Actions

    Author Photo

    While the California Supreme Court’s ruling last week in Estrada v. Royalty Carpet Mills held that courts cannot dismiss Private Attorneys General Act claims on manageability grounds, the opinion also details how claims can be narrowed, providing a road map for defendants facing complex actions, say attorneys at Gibson Dunn.

  • How To Win More Money For Terminated Executives

    Excerpt from Practical Guidance
    Author Photo

    Terminated executives are often rattled into accepting too little money and too many restrictive covenants, but by converting the company’s hidden anxieties into leverage and using proven bargaining-table talking points to reframe the employer’s risks, outgoing executives can negotiate significantly better severance packages, says Stephen Zweig at FordHarrison.

  • Perspectives

    6 Practice Pointers For Pro Bono Immigration Practice

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    An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.

  • Series

    ESG Around The World: Canada

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    In Canada, multiple statutes, regulations, common law and industry guidance address environmental, social and governance considerations, with debate over ESG in the business realm potentially growing on the horizon, say attorneys at Blakes.

  • Lessons From Country Singer's Personal Service Saga

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    Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.

  • The Section 230 Immunity Provision Debate Continues

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    The Fifth Circuit last month voted in Doe v. Snap Inc. not to reconsider en banc its decade-old interpretation of Section 230 of the Communications Decency Act, which generally allows websites to police objectionable content as they see fit — but a growing number of judges appear motivated to further limit the scope of its immunity, say Jordan Rice and Caleb Hayes-Deats at MoloLamken.

  • Inside Del. Determinations Of Specific Performance In M&A

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    Delaware M&A rulings, including several from the end of 2023, shed light on the facts that courts may consider when determining whether a party to a transaction is entitled to specific performance, say attorneys at White & Case and Odeko.

  • What To Expect From High Court In Corp. Disclosure Case

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    Oral argument in Macquarie v. Moab Partners — a case with the potential to significantly alter corporate disclosures and private securities litigation liability — suggests that the U.S. Supreme Court is focused on answering the narrow question presented, say Elizabeth Gingold Clark and Madeleine Juszynski Davidson at Alston & Bird.

  • New Tech, Old Tricks: How GCs Can Fight White Collar Crime

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    As emerging technologies like artificial intelligence and cryptocurrency provide bad actors with new avenues to commit classic crimes, general counsel should develop a strategy to future-proof their organizations against such threats and prepare for regulatory scrutiny, say directors at FTI Consulting.

  • NJ Ruling May Widen Plaintiff Opportunities In LLC Disputes

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    A New Jersey court’s recent decision in Flor v. GreenbergFarrow found that a court may consider a limited liability company member’s wrongful conduct when determining sale and compensation owed to a dissociate member, and may open doors for plaintiffs seeking relief from wrongful conduct, say Lowry Yankwich and Peter LeVan at LeVan Stapleton.

  • A Potential Proactive Tool For Public-Private Joint Ventures

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    In the current environment of heightened antitrust enforcement, the National Cooperative Research and Production Act seems tailor-made for the collaborative work among competitors encouraged by the Biden administration's infrastructure and green energy funding legislation, say Jeetander Dulani and Susan Ebner at Stinson.

  • Unpacking PCAOB's Sanctions Against China-Based Auditors

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    Following the Public Company Accounting Oversight Board's first major enforcement actions against audit firms located in China and Hong Kong for violating quality control standards, China-based U.S. issuers should be prepared for more rigorous audits in the upcoming cycle, and for continuing strict scrutiny from the regulator, say attorneys at Debevoise.

  • 5 AI Risks For Corporate Boards To Examine

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    Whether companies are building their own artificial intelligence technology or leveraging third-party tools, their directors should get educated on certain legal issues and business risks to ensure the adoption of policies that foster responsible use of generative AI, say James Gatto and Tiana Garbett at Sheppard Mullin.

  • How To Start Applying DOL's Independent Contractor Test

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    Last week, the U.S. Department of Labor finalized a worker classification rule that helpfully includes multiple factors that employers can leverage to systematically evaluate the economic realities of working relationships, says Elizabeth Arnold and Samantha Stelman at Berkeley Research Group.

  • Will Justices Settle Decades-Old Split On Arbitrator Conflicts?

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    Whether an arbitrator's failure to disclose a potential conflict of interest is sufficient grounds to vacate an arbitration award is the subject of an almost 60-year-old circuit split that the U.S. Supreme Court is positioned to resolve if it grants cert in either of two writs pending before it, say attorneys at Norton Rose.

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