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Corporate
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March 14, 2025
Coupang Hit With Corporate Fraud, Waste Claims In Chancery
The officers and directors of tech company Coupang Inc., are facing a derivative lawsuit in Delaware Chancery Court — accused of corporate mismanagement, fraud and waste, including labor violations in South Korea.
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March 14, 2025
Judge Trims Investor's Bid To Rescind Funds From Pot Co.
A Florida federal judge has found that an investor can't rescind a deal or claim fraud in a suit alleging that the officers and agents of a cannabis company hid a $13 million tax liability when he invested.
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March 14, 2025
Ex-Ozy Media Employee Avoids Prison After Cooperating
A former Ozy Media employee who became a government cooperator and testified at the fraud trial of the company and its founder Carlos Watson was sentenced to time served Friday.
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March 14, 2025
Judge Vacates Baby Formula Trial Win For Abbott, Mead
A Missouri judge on Thursday threw out a jury verdict that cleared Abbott Laboratories and Mead Johnson of liability in a joint trial over claims their baby formula causes a serious condition in preterm infants, saying a new trial is necessary because the defense "intentionally violated the court's orders and rulings by improperly introducing the inadmissible evidence to the jury, time after time."
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March 14, 2025
Former SEC General Counsel Barbero Joins Venable In DC
Venable LLP announced Friday that former U.S. Securities and Exchange Commission general counsel Megan Barbero has joined the firm's Washington, D.C., office following a three-year stint at the Wall Street regulator.
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March 14, 2025
4th Circ. Reluctant To Loosen EEOC Charge Requirement
A Fourth Circuit panel seemed hesitant Friday to revive a bias case from a worker whose presuit U.S. Equal Employment Opportunity Commission charge didn't specifically name one of the entities he hauled into court, with one judge expressing "apprehension" about adopting a widely used exception to charge filing rules.
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March 14, 2025
GC Cheat Sheet: The Hottest Corporate News Of The Week
Delaware made news in the past week when revisions to its general corporation law, which arose in part from recent reports that some corporations were moving to other states, passed in the state Senate. Meanwhile, a judge blocked a late deposition from a Chubb unit that sought testimony from Smithfield Foods' legal officer, slamming the insurer for making the request more than five years after the case began. These are some of the stories in corporate legal news you may have missed in the past week.
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March 14, 2025
Startup Investor Says Cooley Knew About Fraud Probe
Attorneys for a dry cleaning delivery startup knew that the founder and sole director of the company had fabricated company documents and was the subject of an active securities fraud investigation in Texas as he solicited money from investors, an ex-board member said Friday in response to the law firm's bid to toss a securities fraud lawsuit.
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March 14, 2025
McDermott Adds Cooley's Former Private Client Group Leader
A veteran attorney who previously served as the private client department head at Cooley LLP has returned to private practice at McDermott Will & Emery LLP in California.
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March 14, 2025
Partners At Coffey Modica Get To Be 'The New Guy' Together
Business and insurance defense litigation firm Coffey Modica LLP has added two partners to its team in Tarrytown, New York, marking a homecoming of sorts for one, who worked as an associate under the firm's founding partner, while allowing both veteran attorneys to simultaneously be "the new guy."
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March 14, 2025
Mass. Court Won't Lift Default Over Discovery Failures
A California aerospace firm can't get a do-over after repeatedly defaulting on discovery obligations in a Massachusetts lawsuit over an unpaid bill from a tax consultant, the state's intermediate-level appeals court said on Friday.
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March 14, 2025
Sutter Health Reaches $4.3M Deal To End Retirement Suit
Nonprofit healthcare system Sutter Health will pay $4.3 million to settle a class action from workers alleging their employee retirement plan was saddled with excessive fees and poorly performing investments, according to filings in California federal court.
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March 14, 2025
Insurance Co. Unlawfully Nixed Disability Benefits, Suit Says
Hartford Life and Accident Insurance Co. abruptly cut off a FedEx employee's disability benefits and refused to consider her doctor's conclusion that she's unable to return to work, in violation of federal benefits law, according to a lawsuit filed in Tennessee federal court.
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March 14, 2025
FTC Probing $13B Marketing Mega-Deal
Marketing communications giants Omnicom and Interpublic disclosed an in-depth Federal Trade Commission probe into their $13 billion merger, pumping the brakes on their ability to close the deal soon, but they said the expectation is nevertheless to finish by the second half of this year.
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March 14, 2025
Off The Bench: Ex-Jet Sues Over Favre Clip, New Soccer Build
In this week's Off The Bench, a retired football superstar claims an argument with icon Brett Favre should have never been aired on television, one trading card company gets the upper hand on another in dueling antitrust suits, and an English soccer club opts for a new stadium over a rebuild of the old one.
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March 14, 2025
Skadden Tech Veteran Preps For AI's Planetary Revolution
Kenton King helped open Skadden's Silicon Valley offices some 25 years ago and has lived and breathed tech for a majority of his career, so he's no stranger to so-called disruptors in the sector. But he said game-changers like artificial intelligence come along only once or twice in a lifetime.
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March 14, 2025
Alston & Bird Hires Kramer Levin Funds Atty In NY
Alston & Bird LLP has hired a registered funds attorney, who has advised investment companies, investment advisers, broker dealers and more, on a range of logistical matters for more than 25 years, the firm recently announced.
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March 14, 2025
Judge Refuses Bid For Injunction In CFPB Defunding Suit
A Maryland federal judge on Friday denied the city of Baltimore's bid for a preliminary injunction barring the Trump administration from stripping away the Consumer Financial Protection Bureau's budget, unpersuaded that it has been targeted for defunding.
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March 13, 2025
Jessica Alba's Honest Co. Inks $28M Deal In IPO Class Action
Jessica Alba's The Honest Co., its executives and others involved in the baby and beauty product company's initial public offering have agreed to pay nearly $28 million to resolve a class action in California federal court alleging they failed to disclose negative trends ahead of the IPO.
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March 13, 2025
9th Circ. Won't Block Consolidation Of Uber Assault Cases
The Ninth Circuit has rejected Uber Technologies Inc.'s contention that the Judicial Panel on Multidistrict Litigation should've enforced Uber's "non-consolidation" clause with passengers' lawsuit alleging they were sexualy assaulted, ruling that such a "private agreement" doesn't override the JPML's power to consolidate.
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March 13, 2025
Calif. Kids' Privacy Law Again Fails Constitutional Challenge
A California federal judge on Thursday again blocked the state from enforcing a landmark law requiring tech giants to bolster privacy protections for children, finding that a second review of the dispute didn't change the conclusion that tech trade group NetChoice was likely to succeed with its First Amendment challenge.
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March 13, 2025
EPA's Deregulation Road Riddled With Potential Potholes
The U.S. Environmental Protection Agency's plan to unwind dozens of climate change and other pollution control rules confronts the practical reality of laborious federal rulemaking, where any attempted shortcuts may backfire in court.
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March 13, 2025
EPA Tempting Legal Storm With Climate Danger Rethink
The U.S. Environmental Protection Agency's reconsideration of its 16-year-old conclusion that greenhouse gases threaten human health may face arduous litigation if the agency reverses course, given that the scientific and legal foundations for the finding have strengthened over time.
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March 13, 2025
SEC's Expansion Of Confidential Filings Likely To Spur Deals
The U.S. Securities and Exchange Commission's latest effort to expand companies' ability to confidentially file for more securities offerings during initial stages should accelerate the pace of public issuances, according to capital markets lawyers.
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March 13, 2025
NY AG James Pitches Bill To Expand Consumer Protection Law
New York Attorney General Letitia James on Thursday announced legislation that would expand the state's ban on deceptive business practices to also protect against unfair and abusive practices, an idea backed by Biden-era Federal Trade Commission and Consumer Financial Protection Bureau heads.
Expert Analysis
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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White Collar Archetypes: Wrangling The Shape-Shifter
In white collar criminal trials, certain pieces of evidence can shape-shift in the jury’s eyes, presenting both challenges and opportunities for defense counsel, says Jack Sharman at Lightfoot Franklin.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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30 Years Later: How PSLRA Has Improved Securities Litigation
In the 30 years since the Private Securities Litigation Reform Act's passage, the statute has achieved its purpose of shifting securities class actions to investors most capable of monitoring the litigation, selecting competent counsel at competitive rates and maximizing recoveries for the investor classes they represent, say attorneys at Bernstein Litowitz.
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Terraform Case May Be Bellwether For Crypto Enforcement
The prosecution of crypto company Terraform Labs and its CEO, Do Kwon, offers a unique test of the line between lawful and unlawful conduct in digital transactions, and the Trump administration’s posture toward the case will provide clues about its cryptocurrency enforcement agenda in the years to come, say attorneys at Brooks Pierce.
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What's Next For Russia Sanctions After Task Force Disbanded
Attorney General Pam Bondi’s recent disbanding of Task Force KleptoCapture, which was initially aimed at seizing Russian oligarchs’ funds and assets, is unlikely to mean the end of Russia sanctions enforcement and other economic countermeasures, as the architecture for criminal enforcement remains in place, say attorneys at BakerHostetler.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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What Remedies Under New Admin's SEC Could Look Like
The U.S. Securities and Exchange Commission is likely to substantially narrow the remedies it pursues over the next few years, driven by the mounting challenges it faces in court, as well as the views of its incoming chair and fellow Republican commissioners on injunctions, penalties and disgorgement, say attorneys at Milbank.
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Opinion
DOJ's HPE-Juniper Challenge Is Not Rooted In Law
Legal precedents that date back as far as 1990 demonstrate that the U.S. Department of Justice's recent challenge to the proposed $14 billion merger between Hewlett Packard and Juniper is misplaced because no evidence of collusion or coordinated conduct exists, says Thomas Stratmann at George Mason University.
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Handbook Hot Topics: Back To Basics After Admin Change
Having an up-to-date employee handbook is more critical now than ever, given the recent change in administration, and employers should understand their benefits and risks, including how they can limit employers’ liability and help retain employers’ rights, say Kasey Cappellano and Meaghan Gandy at Kutak Rock.
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Potential Impacts Of IRS' $1M Affiliate Pay Deduction Cap
If finalized, a recent Internal Revenue Service proposal expanding Section 162(m) of the Internal Revenue Code to include the highly compensated employees of affiliates would make tracking which executives may be subject to the limit from year to year far more complex, say attorneys at Debevoise.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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Suggestions For CFTC Enforcement's New Leadership
The recent change in leadership at the U.S. Commodity Futures Trading Commission presents an opportunity to reflect on past practices and consider opportunities for improvement at the commission's Enforcement Division, including in observing precedent and providing greater enforcement transparency, say attorneys at Clifford Chance.
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Drug Kickback Ruling Will Make FCA Liability Harder To Prove
The First Circuit's ruling in U.S. v. Regeneron Pharmaceuticals, requiring the government to prove but-for causation to establish False Claims Act liability based on violations of the Anti-Kickback Statute, raises the bar for FCA enforcement and deepens a circuit split that the U.S. Supreme Court may need to resolve, say attorneys at Baker Donelson.
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What Reuters Ruling Means For AI Fair Use And Copyright
A Delaware federal court's recent decision in Thomson Reuters v. ROSS Intelligence is not likely to have lasting effect in view of the avalanche of artificial intelligence decisions to come, but the court made two points that will resonate with copyright owners who are disputing technology companies' unlicensed use of copyright-protected materials to train generative AI models, says David Ben-Meir at Ben-Meir Law Group.