Corporate

  • February 15, 2024

    Restaurant Franchise Owner Hit With $30.7M Jury Verdict

    A Dallas County, Texas, jury has returned a $30.7 million verdict against major restaurant franchise company Sun Holdings Inc. and its owner in favor of an executive who claimed they refused to pay him his fair share of profits for operating nearly 150 Popeyes eateries.

  • February 15, 2024

    Lenovo, Motorola Lose Injunction Bid In IP License Fight

    A North Carolina federal judge has rejected a bid from Lenovo and Motorola Mobility to block Ericsson from being able to enforce injunctions it got in other countries barring sales of Lenovo products in those countries.

  • February 15, 2024

    Biz Groups Urge Feds To Back WTO's Block On Digital Duties

    Major U.S. trade and business groups, including the U.S. Chamber of Commerce and the National Foreign Trade Council, urged U.S. officials to back the World Trade Organization's suspension of tariffs on electronic transmissions ahead of a renewal vote later this month.

  • February 15, 2024

    Cos. See Shareholder Activism As Growing Risk, Study Finds

    Companies are increasingly identifying shareholder activism as a risk in their corporate disclosures, as the number of U.S. companies publicly subjected to activist demands rose nearly 8% from 2022 to 2023, according to a report released Thursday.

  • February 15, 2024

    Judge Tosses Credit Suisse Investors' RICO Suit

    A New York federal judge has thrown out a proposed class action lawsuit filed against Credit Suisse AG subsidiaries and the bank's auditor, KPMG, in the wake of the Swiss bank's sudden takeover, saying that suing investors could not skirt an earlier state ruling that found the case did not belong in the U.S.

  • February 15, 2024

    America First Legal Says Disney Favors Women, Minorities

    A group founded by former Trump adviser Stephen Miller accused the Walt Disney Co. of discriminating against white men in its hiring and promotion decisions and on Wednesday asked the U.S. Equal Employment Opportunity Commission to investigate.

  • February 15, 2024

    NRA Accuses NY AG Of Political Bias As Trial Closes

    Lawyers for the National Rifle Association and its former CEO Wayne LaPierre accused New York Attorney General Letitia James of political bias in their final trial arguments Thursday, while a government attorney said this "witch hunt" defense is merely a distraction from the gun group's misuse of charitable assets.

  • February 15, 2024

    Club, Insurer Resolve Fiduciary Breach Coverage Row

    A country club owner, various club board members and Selective Insurance Co. agreed to dismiss their dispute Thursday in Massachusetts federal court over coverage for breach of contract and fiduciary duty claims that club investors lodged in arbitration, resolving the coverage case after reaching a settlement in January.

  • February 15, 2024

    Software Company Seeks $10M Policy Limit For Bad Deal

    A software company told a California federal court that its insurer breached its contract by failing to cover $10 million in damages suffered because of misrepresentations made by a property and casualty insurance software company it bought.

  • February 15, 2024

    No Coverage For Pandemic Losses, NY Top Court Rules

    A Texas-based restaurant operator isn't entitled to insurance coverage for its pandemic losses, New York's top court ruled Thursday, saying the operator didn't allege the kind of physical loss or damage required for coverage.

  • February 15, 2024

    SpaceX Suit Over NLRB Structure Shipped To Calif.

    A Texas federal judge on Thursday granted the National Labor Relations Board's request to transfer SpaceX's lawsuit claiming the agency is unconstitutionally structured to California, saying the actions the company said allowed it to file in Texas were "incidental to the principal events occurring elsewhere."

  • February 15, 2024

    DraftKings Paying $750M For Lottery App Jackpocket

    Digital sports and gambling company DraftKings Inc. said Thursday it has agreed to acquire U.S. lottery app Jackpocket for approximately $750 million, with Sullivan & Cromwell LLP and Cooley LLP representing the parties on the cash-and-stock deal. 

  • February 15, 2024

    Conn. Justice Calls Marriott Lien Fight 'An Embarrassment'

    A "bizarre" appeal that seeks the discharge of a sewer assessment lien on a Marriott hotel property is "a waste of everybody's time," a Connecticut Supreme Court justice said Thursday amid oral argument.

  • February 15, 2024

    Calif. Justices Won't Give Uber PAGA Case Another Look

    The California Supreme Court won't again mull an Uber driver's misclassification Private Attorneys General Act suit, denying the company's bid to weigh whether nonindividual claims under the state law should survive if individual ones go into arbitration.

  • February 15, 2024

    Byju's Insiders Seek Ch. 11 Dismissal, Calling It Litigation Ploy

    Affiliates of Indian tech giant Byju's U.S. arm, which are embroiled in state court litigation with the company's lender, asked a Delaware bankruptcy judge to dismiss the company's Chapter 11 case, saying the bankruptcy petition was filed to stymie the ongoing state court litigation.

  • February 15, 2024

    Generac Brass Hid Inflation's Impact On Sales, Suit Says

    Executives and directors of generator company Generac have been hit with a shareholder derivative suit alleging they understated the damage inflation had on consumer spending and demand for the company's products.

  • February 15, 2024

    Judge Says Jurors Can See J&J Ads In Talc Trial

    A Florida judge on Thursday said decades-old advertisements for Johnson & Johnson baby powder are relevant to potential punitive damages in a talc trial and he would not shield jurors from seeing them, but he scolded the company for not opting for a two-part trial on liability and punitive damages.

  • February 15, 2024

    Lincare To Pay $25.5M To Settle FCA, Anti-Kickback Litigation

    Lincare Inc. has agreed to pay about $25.5 million as part of a settlement with the Department of Justice and others resolving litigation over allegations it violated the False Claims Act and Anti-Kickback Statute by mishandling the rental of respiratory equipment to patients.

  • February 15, 2024

    Ex-DraftKings Exec Seeks Clarity On Fanatics Guardrails

    A former DraftKings Inc. executive has asked a Massachusetts federal court to clarify the type of work he can perform for competitor Fanatics Inc. while the legal fight with his previous employer plays out, warning that the court's current order is too restrictive.

  • February 15, 2024

    DOJ Says It Disrupted Russian Router Malware Network

    The U.S. Department of Justice said Thursday it had disabled a network of office internet routers that were being used by a Russian intelligence unit to engage in malware campaigns against U.S. and foreign governments as well as military officials and corporations.

  • February 15, 2024

    FTC's Khan Calls Healthcare 'Key' To Fight For Competition

    Federal Trade Commission Chair Lina Khan told a conference of physicians the agency is fighting corporate control at several levels of the healthcare industry, touting the sector as a key battleground in the administration's push for more competition across the economy.

  • February 15, 2024

    Vaughan Baio Adds 3 Partners And 2 Offices In NY, NJ

    Philadelphia-based midsized firm Vaughan Baio & Partners expanded its footprint and resources this month with the addition of three partners and the opening of two offices in New York and New Jersey.

  • February 15, 2024

    9th Circ. Backs Homeowners' Cert. In Allstate Overcharge Suit

    Allstate will have to face a class action accusing it of artificially inflating home insurance premiums for thousands of California properties by double-counting built-in garage space, a Ninth Circuit panel ruled, affirming a lower court's decision.

  • February 15, 2024

    Chancery Nixes Most Of Frank Founder's $835K Fee Demand

    The indicted founder of student financial planning venture Frank may not "shoehorn" new legal fee claims into a May 2023 court order that JPMorgan Chase Bank NA pay her defense on charges that she defrauded the bank when it bought her startup for $175 million in 2021, Delaware's Court of Chancery has ruled.

  • February 15, 2024

    Petition Watch: Classes, Litigation Changes & Fraud Theories

    The U.S. Supreme Court receives thousands of petitions for review each term, but only a few make the news. Here, Law360 looks at four petitions filed in the past three weeks that you might've missed, including questions over how courts should analyze class certification bids and regulations restricting specific speech for content-neutral reasons, whether plaintiffs must reestablish standing after amending lawsuits, and what constitutes fraud.

Expert Analysis

  • 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.

  • 10 Global Antitrust Trends To Anticipate In 2024

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    Proactive navigation of the antitrust enforcement environment remains crucial this year as legal policy and tools evolve to meet intensifying global economic complexity, including geopolitical tensions, trade realignment, market volatility and inflation, say attorneys at Freshfields.

  • Companies Should Beware Greater Scrutiny Of Subscriptions

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    The New York Attorney General's Office has been utilizing a severe interpretation of the law in enforcement against subscription services, as demonstrated in last month's Sirius XM complaint and Cerebral settlement — and this focus is representative of heightened subscription scrutiny in other states and at the federal level, say attorneys at Venable.

  • Takeaways From FTC Children's Privacy Rule Proposal

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    The Federal Trade Commission’s recently issued and long-awaited proposed revisions to its Children's Online Privacy Protection Rule are not as seismic as might have been expected under current leadership, and show that the agency's COPPA rulemaking is far from over, says Phyllis Marcus at Hunton.

  • 5 Trade Secret Developments To Follow In 2024

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    Recent cases and trends in trade secret law indicate that significant developments are likely this year, and practitioners should be anticipating their impact on the business and legal landscape, say attorneys at Faegre Drinker.

  • Del. Ruling Guides On Advance Notice Bylaw Amendments

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    The Delaware Chancery's Court's recent denial of investment fund Paragon Technologies' injunction motion against Ocean Power Technologies underscores the importance of carefully crafting and enforcing corporate advance notice bylaw amendments, especially in light of universal proxy rules, say attorneys at Venable.

  • Series

    Baking Bread Makes Me A Better Lawyer

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    After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.

  • Federal Courts And AI Standing Orders: Safety Or Overkill?

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    Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.

  • The 5 Most Important Bid Protest Decisions Of 2023

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    Attorneys at Bradley Arant discuss noteworthy 2023 bid protest decisions from the U.S. Court of Federal Claims and U.S. Government Accountability Office, offering perspectives on standing, document production, agency deference, System for Award Management registration requirements and mentor-protégé joint venture proposal evaluations.

  • Series

    NY Banking Brief: All The Notable Legal Updates In Q4

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    New York's banking and financial sector saw a number of notable regulatory and legislative changes in the final quarter of 2023, including guidance on climate risks and heightened cybersecurity protocols issued by the New York State Department of Financial Services, as well as final revisions to virtual currency listings in the state, say attorneys at WilmerHale.

  • Wachtell-X Ruling Highlights Trend On Arbitrability Question

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    A growing body of case law, including a California state court's recent decision in X Corp. v. Wachtell, holds that incorporation of specific arbitral body rules in an arbitration provision may in and of itself constitute clear and unmistakable evidence of delegation of arbitrability to an arbitrator, and thus such clauses should be drafted carefully, say attorneys at Norton Rose.

  • 7 E-Discovery Predictions For 2024 And Beyond

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    The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.

  • Securities Class Actions Show No Signs of Slowing In 2024

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    Plaintiffs asserted securities class actions at elevated levels in 2023 — a sign that filings will remain high in the year ahead — as they switched gears to target companies that allegedly have failed to anticipate supply chain disruptions, persistent inflation, rising interest rates and other macroeconomic headwinds, say attorneys at Skadden.

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