Corporate

  • April 04, 2024

    Withers Adds Former In-House Corp. Atty In San Francisco

    Withers has hired the former in-house general counsel for a financial software company, who joins the firm to continue his practice working with entrepreneurs in the technology, e-commerce and digital publishing industries, the firm announced Wednesday.

  • April 03, 2024

    Sanofi Plans To Settle 4,000 Zantac Cancer Claims

    Sanofi said Wednesday that it has reached an agreement in principle to settle about 4,000 personal injury claims linking the discontinued heartburn drug Zantac to cancer.

  • April 03, 2024

    Dell Unit Snags $4M In Atty Fees In Computer Module IP Spat

    A Massachusetts federal judge has awarded a little over $4 million in attorney fees to Dell Inc. unit EMC Corp. following its win in decadelong litigation accusing it of infringing nearly a dozen computer module patents, according to a decision unsealed Tuesday.

  • April 03, 2024

    FTC Won't Overlook 'Unanticipated' Harms, Slaughter Says

    The Federal Trade Commission won't hesitate to go after companies and their executives that fail to take steps to address the broad range of privacy harms and other risks that can arise from the emergence of new digital technologies, particularly in the wake of a recent federal court ruling that backed this theory, Commissioner Rebecca Kelly Slaughter said Wednesday. 

  • April 03, 2024

    Antitrust Suits Remain Low Despite Slight 2023 Spike

    Federal enforcers and private plaintiffs filed more new antitrust cases last year than the year before but the slight uptick still kept 2023 as the second lowest in a decade, according to a new Lex Machina report.

  • April 03, 2024

    CFPB's Overdraft Plan Is Unlawful Price Control, Banks Say

    A Consumer Financial Protection Bureau proposal to curb overdraft fees at large banks is encountering stiff resistance from leading bank industry groups, which say the measure would amount to a backdoor usury cap and potentially unconstitutional price control.

  • April 03, 2024

    SEC Disclosures Show Public Cos. Backing DEI, Study Finds

    Public companies overwhelmingly prioritized diversity, equity and inclusion principles in their mandatory workforce disclosures to the U.S. Securities and Exchange Commission in 2023 despite a flurry of litigation and legislative proposals aimed at deterring those initiatives in the corporate world, a study from Seyfarth Shaw LLP attorneys found.

  • April 03, 2024

    Accused 'Shadow Trader' Takes Stand To Slam SEC's Case

    A former Medivation executive accused of "shadow trading" when he purchased stock in rival Incyte testified in his California federal civil trial Wednesday that he didn't base that decision on confidential information, and he didn't think even "for one second" that he was violating securities laws.

  • April 03, 2024

    Israel-Hamas War No Excuse To Skip Discovery: Ch. 11 Judge

    A Florida bankruptcy judge on Wednesday penalized an Israeli creditor pursuing a roughly $13 million Chapter 11 claim against a California-based air purifier maker, finding the conflict between Israel and Hamas is not a valid excuse for repeatedly missing discovery deadlines.

  • April 03, 2024

    Calif. Privacy Rules Expected By July, Agency's Director Says

    The California Privacy Protection Agency is eyeing July for the launch of the formal process for finalizing its last batch of regulations under the state's landmark consumer privacy law, which include rules that would give consumers more control over private information that could be used by artificial intelligence, the agency's executive director said Wednesday. 

  • April 03, 2024

    Apple Blasts Input From Microsoft, Meta, Others In Epic Case

    Apple asked a California federal judge Wednesday to reject attempts by Microsoft, Meta Platforms, Spotify and other major developers to insert themselves into Epic Games' argument that the iPhone maker is not complying with an order barring it from using anti-steering rules in the App Store.

  • April 03, 2024

    Winning Foreign Patent Damages Just Became A Lighter Lift

    The Federal Circuit has clarified that patent owners can ask for reasonable royalties when pursuing damages for foreign infringement and expanded what constitutes eligible infringement in those instances, a ruling attorneys say should make it easier to recover damages from abroad.

  • April 03, 2024

    Judge Consolidates Wells Fargo Unwanted Products Suits

    A San Francisco federal judge has consolidated five suits asserting proposed class claims that the bank sought to shortchange customers who deserved compensation after they were enrolled in financial products without their knowledge.

  • April 03, 2024

    OneCoin Atty Gets 4 Years For Role In $4B Crypto Fraud

    The former head of legal and compliance at OneCoin on Wednesday was sentenced to four years in prison for her role in the $4 billion cryptocurrency scheme that defrauded millions of investors around the world.

  • April 03, 2024

    Nationstar Adds 'Junk Fee' For Loan Payoff Quote, Suit Says

    A proposed class hit Nationstar Mortgage LLC with a suit alleging the mortgage servicing firm illegally charges homeowners a "junk fee" for written payoff quotes in violation of the Fair Debt Collection Practices Act.

  • April 03, 2024

    UK Billionaire Lewis Agrees To $1.64M Insider Trading Penalty

    British billionaire Joseph Lewis has agreed to pay $1.64 million to settle the U.S. Securities and Exchange Commission's civil claims he fed confidential tips to his personal pilots and then-girlfriend after pleading guilty to related criminal charges earlier this year.

  • April 03, 2024

    Mortgage Co. Targeted In News Report Hit With RICO Suit

    United Wholesale Mortgage LLC, its parent company and its CEO were hit with a proposed class action Tuesday in Michigan federal court accusing them of scheming with mortgage brokers to steer borrowers into more expensive loans the same day that Hunterbrook Media, a new journalism and hedge fund outfit, published its first investigative piece focused on the company.

  • April 03, 2024

    SEC Atty Says Macquarie 'Overstated' High Court Case

    A leading attorney for the U.S. Securities and Exchange Commission said a U.S. Supreme Court ruling in favor of a Macquarie Infrastructure Corp. investor would be unlikely to open the "floodgates" to private disclosure litigation, as the company claims, reminding a Washington, D.C., audience Wednesday that the agency is backing the investor before the high court.

  • April 03, 2024

    Google's Win In Ad Tech Antitrust MDL To Get 2nd Circ. Look

    A group of Massachusetts-based gym and spa businesses informed a New York federal judge Wednesday they will be taking to the Second Circuit their challenge of the judge's order dismissing their antitrust claims in multidistrict litigation over Google's alleged monopoly in digital advertising.

  • April 03, 2024

    AT&T Faces Investor Suit Over $43B WarnerMedia Spinoff

    A Warner Bros. Discovery shareholder accused AT&T and its CEO John Stankey of hiding how serious the company's problems were as it spun off its $43 billion WarnerMedia unit, alleging that caused Discovery to pay far too much when it merged with its fellow news and entertainment giant. 

  • April 03, 2024

    9th Circ. Doubts Kosher Tester's Religious Carveout Challenge

    A Ninth Circuit panel on Wednesday seemed skeptical of a worker's argument that the ministerial exception does not apply to his suit accusing an Orthodox Jewish organization of failing to pay him overtime for his work making sure grapes used for wines were kept kosher.

  • April 03, 2024

    FIS Didn't Lie To Itself About Short-Lived Merger, Execs Say

    Fidelity National's top brass recently urged a Florida federal court to toss an investor's lawsuit over a $46 billion market cap drop resulting from spinning off a payment business it had acquired a few years prior, arguing the company can't "be deceived by its own statements," which a pension fund alleged artificially inflated share prices.

  • April 03, 2024

    4 Atty Takeaways From DOL's Asset Manager Exemption

    The U.S. Department of Labor's final regulation limiting investment managers with serious misconduct on their records from handling Employee Retirement Income Security Act-covered retirement plans backed away from some controversial aspects of the agency's initial proposal, but still imposes significant new compliance obligations on plan sponsors, attorneys say. Here are four key takeaways from the final amendment released Tuesday.

  • April 03, 2024

    NJ Judge Grants Initial OK Of $2.7M EV Maker Investor Deal

    A New Jersey federal judge granted preliminary approval to a $2.7 million deal between investors and executives of an electric vehicle company after it went bankrupt, after finding his prior hesitations concerning the deal's notice plan had been resolved.

  • April 03, 2024

    NY Bank, Investors Want Derivative Suits Merged, Paused

    New York Community Bancorp Inc. and several of its investors asked a New York federal judge to consolidate and stay the investors' derivative shareholder suits against the bank.

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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