Corporate

  • June 14, 2024

    France Offers $750M For Atos' Cyber, Data Assets

    Information technology firm Atos SE said Friday that it has received a nonbinding offer from the French government to buy certain big data and cybersecurity operations at an enterprise value of EUR 700 million ($750 million).

  • June 14, 2024

    Employment Authority: High Court's NLRB Injunction Shift

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on the U.S. Supreme Court's opinion involving Starbucks that standardized the National Labor Relations Board's injunction test, a look at Law360's pay disclosure law tracker and a review of the U.S. Equal Employment Opportunity Commission's amicus briefs in the first half of 2024.

  • June 14, 2024

    X Dodges Porn Filter BIPA Suit For Now

    An Illinois federal judge has thrown out a proposed class action accusing X Corp. of violating the state's biometric privacy law through its use of software to police pornographic images, saying the lead plaintiff failed to allege that the tool can be used to identify specific individuals. 

  • June 14, 2024

    'Alkaline Water' Co. Owes Another $90M For Liver Failures

    A Las Vegas jury awarded $89.75 million in compensatory damages Friday to a group of children and adults who experienced severe liver problems after drinking toxin-adulterated "alkaline water," adding to the product maker's legal woes.

  • June 14, 2024

    Novant Urges 4th Circ. To Reject FTC's 'Emergency' Bid

    Novant Health told the Fourth Circuit there is no need to block its planned North Carolina hospital purchase while the Federal Trade Commission pushes a merger challenge, saying the deal will increase competition by preventing the hospitals from closing.

  • June 14, 2024

    DOJ Can't Force Retroactive FARA Registration, DC Circ. Says

    The U.S. Department of Justice can't force casino magnate Steve Wynn to retroactively register as a foreign agent because his alleged lobbying efforts on behalf of China ended years ago, a D.C. Circuit panel ruled Friday.

  • June 14, 2024

    Off The Bench: Ex-Players Claim NIL, Loss For Trans Swimmer

    In this week's Off The Bench, the 1983 men's college basketball champions want a piece of the loot the NCAA made off of their names, swimmer Lia Thomas loses in her bid to overturn an international trans athlete ban, and the House gets a bill through committee that would keep college athletes from becoming employees.

  • June 14, 2024

    Burford Bound To Sysco And Pilgrim's Unsigned Chicken Deal

    An Illinois federal judge on Friday rejected a Burford subsidiary's bid to block a global protein price-fixing settlement that Pilgrim's Pride and Sysco memorialized through email but never signed on paper, saying it's clear the parties reached a material agreement.

  • June 14, 2024

    Daimler Truck Unit Says Mexican Supply Slowdown Cost $18M

    A Daimler Truck subsidiary claimed in a lawsuit filed in Michigan federal court that a supplier's failure to keep up with production volumes has forced the diesel-engine manufacturer to stall its own production and lose more than $18 million.

  • June 14, 2024

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    The governor of Vermont vetoed a legislative proposal that would have given consumers not only new data privacy rights but also the rare opportunity to sue large businesses for certain violations, and a multipart Delaware General Corporation Law amendment that would let boards cede some governance rights to big stockholders sailed through the state's Senate without debate or an opposing vote. These are among the stories in corporate legal news you may have missed in the past week.

  • June 14, 2024

    Full DC Circ. Won't Hear Foreign Disclosure Penalty Dispute

    The D.C. Circuit declined to reconsider its ruling overturning a major U.S. Tax Court decision that had crimped the administrative collection arm of the Internal Revenue Service, letting stand a panel's restoration of the agency's power to more freely penalize undisclosed foreign corporations.

  • June 14, 2024

    Japan's Kirin Plans $1.4B Fancl Purchase Amid Health Kick

    Kirin Holdings Co. said Friday that it plans to buy the remaining shares it doesn't own in Fancl Corp. for about $1.4 billion, part of the Japanese beverage giant's continued push into the consumer health sector.

  • June 14, 2024

    DOJ's Google Ad Tech Suit Bound For Sept. Trial

    A Virginia federal judge said Friday that the U.S. Department of Justice's lawsuit accusing Google of monopolizing technology used to place ads on third-party websites will go to trial, finding too many factual disputes to let the search giant nix the case.

  • June 13, 2024

    Visa, Mastercard Fee Deal Not 'Likely' To Get Court Approval

    A New York federal judge said at a hearing Thursday that she will "likely not approve" Mastercard and Visa's proposed settlement in long-running litigation over merchant transaction fees, according to the case docket.

  • June 13, 2024

    Apple Fights To Ax 'Speculative' IPhone App Antitrust Suit

    Apple urged a California federal judge Thursday to toss a proposed antitrust class action alleging the company illegally prevents iPhones from running web-based apps that don't need to be downloaded, arguing consumers don't have standing to bring the "speculative" litigation since they're not directly injured by Apple's agreements with developers.

  • June 13, 2024

    Goldman Exec's 'Mind Entirely Blown' By Fake Ozy Media Call

    A former Goldman Sachs executive who was looking into taking a stake in Carlos Watson's Ozy Media testified on Thursday that she was floored during a due diligence call when it became clear that someone was impersonating a YouTube executive in an apparent effort to persuade the bank to invest in Watson's startup.

  • June 13, 2024

    DirecTV's 'NFL Tax' Gouged Sunday Ticket Buyers, Jury Told

    DirecTV gouged its Sunday Ticket subscribers by charging 24.6% above the "optimal price" it should have charged if the company was looking to maximize its profits instead of instituting an "NFL tax," an economist told a California federal jury considering multibillion-dollar antitrust claims against the league on Thursday.

  • June 13, 2024

    IP Forecast: Cooley Atty Faces DQ Bid Over Past Patent Work

    A prominent Cooley LLP lawyer will face questions next week in a Philadelphia courtroom over her work a decade ago at her former firm defending a cloud software startup that is now suing a Cooley client. Here's a spotlight on that case — plus all the other major intellectual property matters on deck in the coming week.

  • June 13, 2024

    'Trump Too Small' Opinion Leaves Some Justices, Attys Vexed

    In denying a bid to register "Trump Too Small" as a trademark for apparel, the U.S. Supreme Court unanimously concluded Thursday there was no free speech violation. But Justice Clarence Thomas' opinion leaning on tradition to justify prohibiting names as marks without an individual's consent left some justices and attorneys dissatisfied.

  • June 13, 2024

    Canadian Businessman Cops To Stealing Tesla Trade Secrets

    A Canadian businessman residing in China pled guilty in New York federal court to scheming to sell secret battery manufacturing technology that belongs to Tesla, the U.S. Department of Justice announced Thursday.

  • June 13, 2024

    Apple Workers' Suit Says Women Are Paid Less For Same Work

    A pair of Apple workers lodged a proposed class action in California state court Thursday claiming that the company has systematically paid thousands of women less than their male counterparts for substantially similar work for years.

  • June 13, 2024

    Textualism Still Dominates Justices' Arbitration Decisions

    The U.S. Supreme Court's approach to arbitration issues this past term has helped to exemplify a growing trend by the justices in favor of textualism and away from a less nuanced pro-arbitration mindset that had been favored in previous decades, experts say.

  • June 13, 2024

    FTC's Ferguson Says He's A Law Enforcer, Not A Policymaker

    Recently minted Federal Trade Commissioner Andrew Ferguson said Thursday that he views his new role as a law enforcer and not a policymaker and said the biggest issue for antitrust law right now is dealing with Big Tech.

  • June 13, 2024

    Zoom's $150M Investor Deal Nears OK, But $50K Award Iffy

    A California federal judge indicated Thursday that he'll preliminarily approve Zoom's $150 million deal to end claims it misled investors by stating that it offered end-to-end encryption on its videoconferencing software, but told the plaintiffs' lawyers, "You're going to have to persuade me" to award the lead plaintiff $50,000.

  • June 13, 2024

    Tesla Investors Sue Over Musk's Extracurricular xAI Diversion

    A union pension fund and two individual investors hit Elon Musk and Tesla's board of directors with a derivative suit Thursday in Delaware Chancery Court over the CEO's breakaway effort to develop a new artificial intelligence venture, xAI, by diverting talent and resources from Tesla's own AI initiative.

Expert Analysis

  • Takeaways From Nat'l Security Division's Historic Declination

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    The Justice Department National Security Division's recent decision not to prosecute a biochemical company for an employee's export control violation marks its first declination under a new corporate enforcement policy, sending a clear message to companies that self-disclosure of misconduct may confer material benefits, say attorneys at Perkins Coie.

  • Deciphering SEC Disgorgement 4 Years After Liu

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    Since the U.S. Supreme Court’s 2020 decision in Liu v. U.S. Securities and Exchange Commission to preserve SEC disgorgement with limits, courts have continued to rule largely in the agency’s favor, but a recent circuit split over the National Defense Authorization Act's import may create hurdles for the SEC, say attorneys at Ropes & Gray.

  • Wiretap Use In Cartel Probes Likely To Remain An Exception

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    Although the U.S. Department of Justice's Antitrust Division has recently signaled interest in wiretaps, the use of this technology to capture evidence of antitrust conspiracies and pursue monopolization as a criminal matter has been rare historically, and is likely to remain so, say Carsten Reichel and Will Conway at DLA Piper.

  • Updates To CFTC Large Trader Report Rules Leave Questions

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    The U.S. Commodity Futures Trading Commission's updated large trader position reporting rules for futures and options is a much-needed change that modernizes a rule that had gone largely untouched since the 1980s, but the updates leave important questions unanswered, say Katherine Cooper and Maggie DePoy at BCLP.

  • Where Anti-Discrimination Law Stands 4 Years After Bostock

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    On the fourth anniversary of the U.S. Supreme Court's landmark Bostock ruling, Evan Parness and Abby Rickeman at Covington take stock of how the decision, which held that Title VII protects employees from discrimination because of their sexual orientation and gender identity, has affected anti-discrimination law at the state and federal levels.

  • Series

    Playing Chess Makes Me A Better Lawyer

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    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

  • Crafting An Effective Workplace AI Policy After DOL Guidance

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    Employers should take proactive steps to minimize their liability risk after the U.S. Department of Labor released artificial intelligence guidance principles on May 16, reflecting the reality that companies must begin putting into place policies that will dictate their expectations for how employees will use AI, say David Disler and Courtnie Bolden at ​​​​​​​Porzio Bromberg.

  • Patent Lessons From 7 Federal Circuit Reversals In May

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    A look at recent cases where the Federal Circuit reversed or vacated decisions by the Patent Trial and Appeal Board or a federal district court provide guidance on how to succeed on appeal by clarifying the obviousness analysis of design patents, the finality of a judgment, and more, say Denise De Mory and Li Guo at Bunsow De Mory.

  • How SEC Could Tackle AI Regulations On Brokers, Advisers

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    The U.S. Securities and Exchange Commission held an open meeting of its Investor Advisory Committee on June 6 to review the use of artificial intelligence in investment decision making, showing that regulators are being careful not to stifle innovation or implement rules that will quickly be made irrelevant after their passage, says Brian Korn at Manatt Phelps.

  • How M&A Attorneys Can Best Serve Self-Funded Searchers

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    Post-pandemic, and with the so-called great wealth transfer on the horizon, individuals looking for small and midsize businesses to acquire are increasingly going the self-funded route, so deal attorneys must understand the major pain points and unique needs of this demographic, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

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    Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.

  • What To Know As CFPB Late Fee Rule Hangs In Limbo

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    Though the Consumer Financial Protection Bureau's final credit card late fee rule faces an uncertain future due to litigation involving injunctions, emergency petitions and now a venue dispute, card issuers must understand how to navigate the interim period and what to do if the rule takes effect, say attorneys at Steptoe.

  • A Deep Dive Into The Evolving World Of ESG Ratings

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    Attorneys at Mintz discuss the salience of environmental, social and governance ratings in corporate circles in recent years, and consider certain methodologies underlying their calculation for professionals, as well as issues concerning the ESG ratings and products themselves.

  • Lean Into The 'Great Restoration' To Retain Legal Talent

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    As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.

  • Adopting 7 Principles May Improve Voluntary Carbon Markets

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    The Biden administration's recently issued joint policy statement on improving the integrity of voluntary carbon markets may help companies using carbon credits to offset their emissions withstand scrutiny by government agencies, the public and investors, say attorneys at Morgan Lewis.

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