Corporate

  • July 08, 2024

    Ex-OneTaste Staffer Says Atty Forced Her To Play The Victim

    A former employee of sexual wellness company OneTaste is suing her former lawyer, saying he conspired with the FBI to present her as a victim of a forced labor conspiracy while she maintains she was not.

  • July 08, 2024

    Catching Up With Delaware's Chancery Court

    Prince's heirs were left standing alone in a cold world last week after Delaware's Court of Chancery found their attempts to gain control of the late musician's estate too demanding. Delaware's court of equity also waved a wand for Walt Disney and slashed nearly $10 million from a damages award for Sears stockholders. In case you missed anything, here's a recap of all the latest news from Delaware's Chancery Court.

  • July 08, 2024

    Icon Aircraft Investor Says Co.'s Ex-CEO Can't Pursue Suit

    The majority equity owner of Icon Aircraft has asked a Delaware bankruptcy judge to reject a request by a group of investors including the company's former chief executive to continue prosecuting claims that it breached fiduciary duties, arguing those claims belong to the debtor instead.

  • July 08, 2024

    Ex-Prosecutor Takes GC Role For Mass. Inspector General

    Eugenia M. "Genie" Carris, a veteran federal public corruption prosecutor, has jumped to the Massachusetts inspector general's office as general counsel, the agency announced Monday.

  • July 08, 2024

    IRS Must Produce Audit Records, Waste Co. Says

    Garbage-hauling giant Waste Management Inc. asked a D.C. federal court to force the IRS to produce its tax files on the company for 2017, including audit records, saying the agency has been dragging its feet in violation of the Freedom of Information Act.

  • July 08, 2024

    The Biggest Patent Rulings Of 2024: A Midyear Report

    The Federal Circuit issued its first en banc patent decision since 2018, a circuit judge's suspension was solidified and courts shed further light on foreign damages and skinny labels. Here's a look back at these rulings and other top patent decisions from the first half of 2024.

  • July 08, 2024

    Boeing To Plead Guilty, Pay $243M Fine In DOJ 737 Max Deal

    Boeing has agreed to plead guilty to conspiring to defraud safety regulators about the 737 Max 8's development, avoiding a criminal trial over a pair of deadly crashes in 2018 and 2019, according to a U.S. Department of Justice court filing late Sunday.

  • July 05, 2024

    Calif. Privacy Agency Floats Data Broker Registry Rules

    California's privacy agency on Friday kick-started the process for formalizing rules to guide data brokers on how to properly register under a groundbreaking state law that imposes significant new data deletion and disclosure obligations on these companies. 

  • July 05, 2024

    Peloton Must Face Wiretapping Suit Over AI-Training Chat Tool

    A California federal judge refused Friday to toss a proposed class action alleging Peloton uses third-party software Drift to secretly eavesdrop on its website users' communications through its chat box function, ruling that the complaint plausibly alleges Drift functions as a third-party eavesdropper and uses intercepted communications to train artificial-intelligence tools.

  • July 05, 2024

    Real Estate Recap: Post-Chevron, Lawyer Leaps, Q&A Recap

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including policy areas to watch in the wake of the U.S. Supreme Court's paradigm-shifting Chevron ruling, recent real estate lawyer moves and some insightful conversations with real estate lawyers you may have missed.

  • July 05, 2024

    FTC Gears Up For Busy 2024 Merger Summer & Fall

    U.S. antitrust enforcers at the Justice Department and the Federal Trade Commission are gearing up for busy months ahead against multibillion-dollar mergers in the grocery and luxury handbags spaces, while also adjusting to a hospital loss turnaround and bracing for an important airlines deal appellate ruling.

  • July 05, 2024

    How Reshaped Circuit Courts Are Faring At The High Court

    Seminal rulings from the U.S. Supreme Court's latest term will reshape many facets of American society in the coming years. Already, however, the rulings offer glimpses of how the justices view specific circuit courts, which have themselves been reshaped by an abundance of new judges.

  • July 05, 2024

    Coinbase Seeks Access To SEC Chair's Private Emails

    Coinbase Inc. is pushing for access to the personal email correspondence of U.S. Securities and Exchange Commission Chair Gary Gensler, telling a New York federal judge that the private communications could shed light on the regulator's views of the cryptocurrency industry and downplaying the SEC's objections to the company's allegedly "intrusive" subpoena.

  • July 05, 2024

    Breaking Down The Vote: The High Court Term In Review

    The U.S. Supreme Court's lethargic pace of decision-making this term left the justices to issue a slew of highly anticipated and controversial rulings during the term's final week — rulings that put the court's ideological divisions on vivid display. Here, Law360 takes a data dive into the numbers behind this court term.

  • July 05, 2024

    High Court Flexes Muscle To Limit Administrative State

    The U.S. Supreme Court's dismantling of a 40-year-old judicial deference doctrine, coupled with rulings stripping federal agencies of certain enforcement powers and exposing them to additional litigation, has established the October 2023 term as likely the most consequential in administrative law history.

  • July 05, 2024

    The Sharpest Dissents From The Supreme Court Term

    The U.S. Supreme Court's session ended with a series of blockbuster cases that granted the president broad immunity, changed federal gun policy and kneecapped administrative agencies. And many of the biggest decisions fell along partisan lines.

  • July 05, 2024

    5 Moments That Shaped The Supreme Court's Jan. 6 Decision

    When the high court limited the scope of a federal obstruction statute used to charge hundreds of rioters who stormed the Capitol, the justices did not vote along ideological lines. In a year marked by 6-3 splits, what accounts for the departure? Here are some moments from oral arguments that may have swayed the justices.

  • July 05, 2024

    The Funniest Moments Of The Supreme Court's Term

    In a U.S. Supreme Court term teeming with serious showdowns, the august air at oral arguments filled with laughter after an attorney mentioned her plastic surgeon and a justice seemed to diss his colleagues, to cite just two of the term's mirthful moments. Here, we look at the funniest moments of the term.

  • July 05, 2024

    Walmart Again Gets FTC's Money Transfer Suit Trimmed

    An Illinois federal judge has again pared down the Federal Trade Commission's allegations that Walmart violated consumer protection laws by knowingly processing more than $200 million in fraudulent money transfers, dismissing the FTC's Telemarketing Sales Rule allegations but keeping intact other claims under the FTC Act.

  • July 05, 2024

    $125M Deal To End Discovery-AT&T Merger Suit In Chancery

    A $125 million settlement is in the works for a nearly two-year-old, now-consolidated Delaware Court of Chancery suit filed by former Discovery Inc. stockholders challenging the company's $43 billion merger with AT&T in April 2022, according to a court filing Friday.

  • July 05, 2024

    Employment Authority: Project 2025's Plans For Labor, NLRB

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with a glimpse into Project 2025's proposals for federal labor policy and the National Labor Relations Board, a look at six significant wage and hour rulings in the first half of 2024 and how the U.S. Supreme Court's decision to overturn Chevron deference could impact litigation involving the Equal Employment Opportunity Commission's Pregnant Workers Fairness Act regulations.

  • July 05, 2024

    NYC Developer To Pay $272M To Settle SEC Investment Suit

    A New York City developer and his wife agreed on Friday to pay $272 million to settle claims brought by the U.S. Securities and Exchange Commission that they'd schemed to raise money from hundreds of Chinese investors using false statements.

  • July 05, 2024

    SEC Issues Guidance On Confidential IPOs

    The U.S. Securities and Exchange Commission's Corporation Finance Division has issued updated guidance explaining how companies can file confidential registration statements when preparing go-public transactions such as initial public offerings and blank check company mergers.

  • July 05, 2024

    Mayer Brown Study Shows Firms Are Playing AI Catch-Up

    A recent Mayer Brown LLP report shows that leaders at financial and investment firms see mergers and acquisitions as a key method to expand their artificial intelligence platforms, but they also think their firms aren't getting up to speed fast enough.

  • July 05, 2024

    H&R Block Users Must Arbitrate Meta Privacy Claims

    Two H&R Block customers must arbitrate their claims that the company shared their private data with Meta Platforms Inc. and Google, a Pennsylvania federal court ruled, saying they agreed to arbitrate any disputes under the tax services provider's terms of agreement.

Expert Analysis

  • What The NYSE Proposed Delisting Rule Could Mean For Cos.

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    The New York Stock Exchange's recently proposed rule would provide the exchange with discretionary authority to commence delisting proceedings for a company substantially shifting its primary business focus, raising concerns for NYSE-listed companies over the exact definition of the exchange's proposed "substantially different" standard, say attorneys at Winston & Strawn.

  • Trademark In Artistic Works 1 Year After Jack Daniel's

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    In the year since the U.S. Supreme Court's Jack Daniel's v. VIP Products ruling, courts have applied Jack Daniel's inconsistently to deny First Amendment protection to artistic works, providing guidance for dismissing trademark claims relating to film and TV titles, say Hardy Ehlers and Neema Sahni at Covington.

  • Live Nation May Shake It Off In A Long Game With The DOJ

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    Don't expect a swift resolution in the U.S. Department of Justice's case against Live Nation, but a long litigation, with the company likely to represent itself as the creator of a competitive ecosystem, and the government faced with explaining how the ticketing giant formed under its watch, say Thomas Kliebhan and Taylor Hixon at GRSM50.

  • NCAA Settlement May End The NIL Model As We Know It

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    The recent House v. NCAA settlement in California federal court, in which the NCAA agreed to allow schools to directly pay March Madness television revenue to their athletes, may send outside name, image and likeness collectives in-house, says Mike Ingersoll at Womble Bond.

  • Boeing Saga Underscores Need For Ethical Corporate Culture

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    In the wake of recent allegations about Boeing’s safety culture, and amid the U.S. Department of Justice’s new whistleblower incentives, business leaders should reinvigorate their emphasis on compliance by making clear that long-term profitability requires ethical business practices, says Maxwell Carr-Howard at Dentons.

  • Key Takeaways From 2024 Accountants' Liability Conference

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    At the recent annual Accountants' Liability Conference, regulators provided important commentary on new Public Company Accounting Oversight Board rulemaking and standard-setting initiatives, and emphasized regulatory priorities ranging from the tone at the top to alternative practice structures, say attorneys at Arnold & Porter.

  • Opinion

    Bankruptcy Judges Can Justly Resolve Mass Tort Cases

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    Johnson & Johnson’s recent announcement of a prepackaged reorganization plan for its talc unit highlights that Chapter 11 is a continually evolving living statute that can address new types of problems with reorganization, value and job preservation, and just treatment for creditors, says Kenneth Rosen at Ken Rosen Advisors PC.

  • Series

    Fishing Makes Me A Better Lawyer

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    Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge​​​​​​​ at Robinson Bradshaw.

  • Exploring Alternatives To Noncompetes Ahead Of FTC Ban

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    Ahead of the Sept. 4 effective date for the Federal Trade Commission's noncompete ban, employers should seek new ways to protect their proprietary and other sensitive information, including by revising existing confidentiality and nondisclosure agreements, says Harvey Linder at Culhane.

  • Parsing Controversial Del. General Corporation Law Proposals

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    In response to issues raised in three recent high-profile Delaware Court of Chancery decisions, many amendments to the Delaware General Corporation Law were quickly proposed that, if enacted, would bring significant changes likely to be hotly debated — and litigated — for the foreseeable future, say attorneys at Morgan Lewis.

  • DOL's New OT Rule Will Produce Unbalanced Outcomes

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    The U.S. Department of Labor's new salary level for the Fair Labor Standards Act overtime exemption is about 65% higher than the current threshold and will cause many white collar employees to be classified as nonexempt because they work in a location with a lower cost of living, not because of their duties, says Stephen Bronars at Edgeworth Economics.

  • A Healthier Legal Industry Starts With Emotional Intelligence

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    The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.

  • Navigating Self-Disclosures As A Regulated Financial Entity

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    As enforcement risks heat up for regulated financial institutions, such entities may be forced to weigh the potential advantages and disadvantages of self-disclosing potential compliance gaps, say attorneys at Jenner & Block.

  • To Make Your Legal Writing Clear, Emulate A Master Chef

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    To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.

  • Takeaways From SEC's New Data Breach Amendments

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    The U.S. Securities and Exchange Commission's recent amendment of its consumer privacy rules to require investment advisers and broker-dealers to put procedures in place to uncover data breaches and report them to customers evidences that protecting client records and information remains an SEC priority, say attorneys at Simpson Thacher.

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