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August 08, 2024
Oracle's $115M Deal For Selling Internet Users' Data Gets OK
A California federal judge on Thursday preliminarily approved Oracle's $115 million deal to end a proposed class action alleging that the software company illegally sold internet users' electronic profiles, but expressed concern over an "overly burdensome" opt-out process that Oracle's lawyer said would prevent "mass" opt-outs.
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August 08, 2024
Uber's $200M Deal To End Investors' 'Train Wreck' IPO Suit OK'd
A California federal judge granted preliminary approval Thursday to Uber's $200 million class action deal with investors who claim the ride-hailing giant made false and misleading statements ahead of its $8.1 billion initial public offering regarding its passenger safety record, financial condition and the legality of its business model.
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August 08, 2024
Parts Supplier Says Price Hikes Not Sabotaging Supply Chain
Pennsylvania-based supplier Modern Industries Inc. urged a federal court to deny a request for a preliminary injunction that would force it to provide key parts to auto parts manufacturer BorgWarner Turbo Systems LLC, which the supplier said has refused to pay increased prices.
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August 08, 2024
Ford Hid High Warranty Costs From Investors, Suit Says
A Ford Motor Co. investor launched a putative securities fraud class action Thursday alleging the automaker hid quality issues dating back to 2022, only disclosing the higher-than-expected warranty costs in its recently released second quarter 2024 financial results.
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August 08, 2024
Calif. Justices Side With Hartford Unit In Virus Coverage Fight
The California Supreme Court on Thursday reversed an appellate court's finding that a virus endorsement rendered a restaurant's policy illusory in a coverage dispute with a Hartford entity over pandemic-related losses, instead ruling that the endorsement clearly provides coverage "only if the virus results from certain specified causes of loss."
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August 08, 2024
Fla. Judge Won't Pause E-Scooter Co.'s Ch. 11 Plan
California plaintiffs with tort claims against Bird Global Inc. can't stop a Chapter 11 plan for the bankrupt e-bike and e-scooter rental company while they appeal its confirmation because of the plan's third-party releases, a Florida bankruptcy judge ruled Thursday.
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August 08, 2024
Instacart Shopper's Costco Injury Suit Sent To Arbitration
A Maryland federal judge has sent to arbitration a suit seeking to hold Costco liable for an Instacart shopper's slip-and-fall injuries, saying the warehouse club chain is a third-party retailer that falls under the arbitration clause in the grocery delivery company's independent contractor agreement.
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August 08, 2024
Tesla Shareholder Attys Seek Merger Of Twitter, Other Suits
Two Tesla stockholder attorney teams have asked Delaware's Court of Chancery to consolidate three derivative suits challenging billions of dollars' worth of stock moves by Elon Musk and other actions in connection with his Twitter purchase, his artificial intelligence venture and alleged insider trading.
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August 08, 2024
Delta's Boies Attys Slam CrowdStrike's 'Blame The Victim' Ploy
Delta Air Lines' attorneys at Boies Schiller Flexner LLP on Thursday blasted CrowdStrike's "blame the victim" defense over last month's catastrophic global IT outage, and pledged to haul both the cybersecurity firm and Microsoft to court to recoup what Delta estimates to be over $500 million in revenue losses.
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August 08, 2024
9th Circ. Won't Rethink OK'ing Ad Class Cert. Against Meta
The Ninth Circuit refused Thursday to rethink a split panel decision affirming certification of a damages class of potentially millions of advertisers who were allegedly deceived about Facebook's "potential reach" tool, rejecting Meta Platforms Inc.'s warnings of unchecked fraud class actions.
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August 08, 2024
Amazon Must Face Pandemic Price-Gouging Claims In Wash.
Washington's high court said on Thursday that Amazon can be sued under the state's Consumer Protection Act over alleged price-gouging early in the COVID-19 pandemic, but stopped short of agreeing with customers that the law bars specific markup percentages.
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August 08, 2024
Nat'l Business Groups Sound Off Against Colo. Climate Case
The U.S. Chamber of Commerce and National Association of Manufacturers are urging the Colorado Supreme Court to block the county and city of Boulder from pursuing state law claims aiming to hold Exxon Mobil Corp. and Suncor subsidiaries liable for climate change harms.
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August 08, 2024
BlackRock Asia COO To Become Global Compliance Head
BlackRock has tapped its chief operating officer for the Asia-Pacific region to become the firm's global head of compliance, with the investment giant's current head of global compliance planning to retire from the firm, according to an internal company memo.
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August 08, 2024
Apple Must Produce Docs In Epic Antitrust Fight By Sept. 30
A California federal judge overseeing discovery in Epic Games' antitrust compliance fight with Apple gave the iPhone-maker a Sept. 30 deadline to hand over documentation on its response to foreign antitrust regulations and other internal documents, rejecting Apple's suggested December deadline and calling the 92,000-document review large but "not huge."
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August 08, 2024
SEC Wins Jurisdiction Over German As Sanction For Default
A German national who the U.S. Securities and Exchange Commission says has ignored discovery requests in its attempt to recover proceeds from a $150 million international pump and dump scheme involving his son is subject to personal jurisdiction in the U.S., a Boston federal judge ordered as a sanction.
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August 08, 2024
Google Says Epic's Own Tech Experts Undermine Remedies
Google continued Wednesday to battle what it says would be a dramatic and costly overhaul of its Play Store if Epic Games is allowed to dictate the terms of an antitrust remedy, telling a California federal judge claims of a cheaper, easier solution are undermined by Epic's own experts.
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August 08, 2024
DOJ Investigating Formula 1 Over Andretti Denial
Formula One's owner Liberty Media Corp. disclosed Thursday that the U.S. Department of Justice is investigating antitrust concerns surrounding the denial of Andretti Formula Racing LLC's bid to join the F1's championship series, following a letter from lawmakers.
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August 08, 2024
VC, PE Firm Says Chinese Co. Cost $150M SpaceX Investment
A California-based venture capital and private equity firm has sued a Chinese company in California federal court, claiming Elon Musk's SpaceX rejected its planned $150 million investment after the Chinese company breached its promise to abide by strict confidentiality requirements and instead publicized its involvement in the planned investment.
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August 08, 2024
Apollo Stockholder Suit Held Until Del. Justices Hear Moelis
Both sides in a Delaware Court of Chancery challenge to an Apollo Global Management Inc. stockholder agreement adopted in 2022 have agreed to a litigation pause, citing the import of a possible Delaware Supreme Court appeal targeting a case that upended state corporate law on similar pacts.
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August 08, 2024
Insurer Utica Off Hook In High-End Leather Goods Dispute
Utica National Insurance Group is not obligated to defend or indemnify a maker of high-end leather goods against claims it fraudulently induced a former partner into a deal in order to steal his designs and then attempt to drive him out of business, a Massachusetts intermediate appellate court has concluded.
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August 08, 2024
Wash. HOA Says Allstate Must Cover $8M Water Damage
A Washington state condominium association accused Allstate of wrongfully denying coverage of an $8 million water damage claim it filed after discovering hidden damage to the exterior of its buildings.
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August 08, 2024
McElroy Deutsch Seeks To Ax Former CFO's Ch. 11 Case
McElroy Deutsch Mulvaney & Carpenter LLP urged a New Jersey bankruptcy court Thursday to throw out a Chapter 11 filing from its former chief financial officer, who has been sent to prison for stealing over $1 million from the firm, slamming it as a bad faith "tactical maneuver" to stall ongoing civil litigation.
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August 08, 2024
McCarter & English Withdraws Lien In Ex-Client's Fee Fight
McCarter & English LLP has withdrawn a $492,000 lien it asserted over any monies awarded to tool manufacturer Red Mud Enterprises LLC in a Delaware Chancery Court case in which it formerly represented the business.
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August 08, 2024
Block & Leviton, Bernstein Litowitz To Lead WWE-UFC Suit
Block & Leviton LLP and Bernstein Litowitz Berger & Grossmann LLP pinned down counsel leadership duties Thursday for a pending, high-profile Delaware Court of Chancery stockholder challenge to World Wrestling Entertainment Inc.'s $21.4 billion merger with Ultimate Fighting Championship.
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August 08, 2024
Former In-House Atty Says Mortgage Co. Was 'Oppressive'
A former staff attorney for mortgage company Newrez LLC alleges in a Texas state court lawsuit made public this week that she was terminated last year after witnessing a deputy general counsel engage in sexually inappropriate conduct with an intoxicated subordinate attorney at a work-related gathering.
Expert Analysis
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Series
After Chevron: FDA Regulations In The Crosshairs
The U.S. Supreme Court's overturning of the Chevron doctrine is likely to unleash an array of challenges against the U.S. Food and Drug Administration, focusing on areas of potential overreach such as the FDA's authority under the Federal Food, Drug and Cosmetic Act, say attorneys at Debevoise.
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2 Options For Sackler Family After High Court Purdue Ruling
After the U.S. Supreme Court recently blocked Purdue Pharma's plan to shield the family that owns the company from bankruptcy lawsuits, the Sacklers face the choice to either continue litigation, or return to the bargaining table for a settlement that doesn't eliminate creditor claims, says Gregory Germain at Syracuse University.
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Navigating The New Rise Of Greenwashing Litigation
As greenwashing lawsuits continue to gain momentum with a shift in focus to carbon-neutrality claims, businesses must exercise caution and ensure transparency in their environmental marketing practices, taking cues from recent legal challenges in the airline industry, say attorneys at Baker McKenzie.
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In Memoriam: The Modern Administrative State
On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.
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Series
After Chevron: Expect Limited Changes In USPTO Rulemaking
The U.S. Supreme Court’s recent ruling overturning Chevron deference will have limited consequences for the U.S. Patent and Trademark Office given the USPTO's unique statutory features, but it is still an important decision for matters of statutory interpretation, especially those involving provisions of the America Invents Act, say Andrei Iancu and Cooper Godfrey at Sullivan & Cromwell.
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Series
After Chevron: EEOC Status Quo Will Likely Continue
As the legal landscape adjusts to the end of Chevron deference, the U.S. Equal Employment Opportunity Commission’s rulemaking authority isn’t likely to shift as much as some other employment-related agencies, says Paige Lyle at FordHarrison.
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Series
After Chevron: Impact On Indian Law May Be Muted
Agency interpretations of Indian law statutes that previously stood the test of judicial review are likely to withstand new challenges even after the end of Chevron deference, but litigation in the area is all but certain, say attorneys at Jenner & Block.
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How High Court Approached Time Limit On Reg Challenges
The U.S. Supreme Court's decision in Corner Post v. Federal Reserve Board effectively gives new entities their own personal statute of limitations to challenge rules and regulations, and Justice Brett Kavanaugh's concurrence may portend the court's view that those entities do not need to be directly regulated, say attorneys at Snell & Wilmer.
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Series
Florida Banking Brief: All The Notable Legal Updates In Q2
The second quarter of 2024 brought two notable bills that will affect Florida's banking and finance community across many issues, including virtual currency abandonment, cancellation of financial services on the basis of political opinions, and the exemption amount of motor vehicles, say Joshua Prever and Andrew Balthazor at Holland & Knight.
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First-Of-Its-Kind Chancery Ruling Will Aid SPAC Defendants
The Delaware Chancery Court's first full dismissal of claims challenging a special purpose acquisition company transaction under the entire fairness doctrine in the recent Hennessy Capital Acquisition Stockholder Litigation establishes useful precedent to abate the flood of SPAC litigation, say Lisa Bugni and Benjamin Lee at King & Spalding.
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Series
After Chevron: FTC's 'Unfair Competition' Actions In Jeopardy
While the U.S. Supreme Court's decision ending Chevron deference will have limited effect on the Federal Trade Commission's merger guidelines, administrative enforcement actions and commission decisions on appeal, it could restrict the agency's expansive take on its rulemaking authority and threaten the noncompete ban, say attorneys at Baker Botts.
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.
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Series
After Chevron: Opportunities For Change In FHFA Practices
The U.S. Supreme Court's overturning of the Chevron doctrine should lead to better cooperation between the Federal Housing Finance Agency and Congress, and may give the FHFA a chance to embrace transparency and innovation and promote sustainable housing practices, says Mehdi Sinaki at Michelman & Robinson.
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Supreme Court's ALJ Ruling Carries Implications Beyond SEC
In its recent Jarkesy opinion, the U.S. Supreme Court limited the types of cases that can be tried before the U.S. Securities and Exchange Commission's in-house administrative law judges, setting the stage for challenges to the constitutionality of ALJs across other agencies, say Robert Robertson and Kimberley Church at Dechert.
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Opinion
A Tale Of 2 Trump Cases: The Rule Of Law Is A Live Issue
The U.S. Supreme Court’s decision this week in Trump v. U.S., holding that former President Donald Trump has broad immunity from prosecution, undercuts the rule of law, while the former president’s New York hush money conviction vindicates it in eight key ways, says David Postel at Henein Hutchison.