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October 25, 2024
AT&T Unit Continues To Argue FCA Does Not Apply To E-Rate
Congress could have designed the E-rate program to be distributed by the government using its own money, but it didn't, and that's why reimbursements under the program don't qualify as claims under the False Claims Act, an AT&T subsidiary has told the U.S. Supreme Court.
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October 25, 2024
At Home Settles Suit Over 'Luxury' Sheets' Thread Count
Home decor chain At Home has escaped a proposed class action accusing it of exaggerating the thread count of its high-end sheet sets, after the lead plaintiffs withdrew their complaint in Illinois federal court.
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October 25, 2024
Lyft To Pay $2.1M FTC Fine Over Driver Earnings Claims
Lyft Inc. will pay $2.1 million and clarify its claims about driver pay in order to settle allegations from the Federal Trade Commission that the ride-hailing company made deceptive statements about what drivers could expect to earn hourly and through special incentives, according to a Friday announcement from the agency.
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October 25, 2024
Off The Bench: Toss-Up For Ohtani Ball, UFC Fighters' Payday
In this week's Off The Bench, the three claimants to a historic baseball now know how much is at stake for the winner, a long fight against wage suppression for mixed martial arts fighters is a step closer to ending, and WNBA players want a bigger piece of a growing revenue pie.
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October 25, 2024
9th Circ. Dubious Of Tesla Investors' Appeal Of $12B Trial Loss
Ninth Circuit judges appeared skeptical Friday of Tesla investors' argument that an erroneous trial instruction improperly led a jury to reject their $12 billion claim over Elon Musk's 2018 tweets that he had "funding secured" to take the electric car giant private.
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October 25, 2024
Ex-Abercrombie CEO Pleads Not Guilty, Gets $10M Home Bail
Former Abercrombie & Fitch CEO Michael Jeffries pled not guilty on Friday to charges of operating a sex trafficking and prostitution ring that preyed on male models, and was released to home confinement on a $10 million bond.
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October 25, 2024
Hawkins Delafield Career Atty Moves To Nixon Peabody In SF
Nixon Peabody LLP hired a Hawkins Delafield & Wood LLP partner who has spent his entire legal career with that firm working on public finance tax matters and a range of other tax-related matters, the firm has announced.
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October 25, 2024
Masimo Infringed 2 Apple Watch Patents, Jury Finds
Healthcare tech company Masimo Corp. was found to have infringed two of Apple Inc.'s patents Friday at the close of a five-day U.S. District Court jury trial in Delaware that put more future tech prospects than current cash on the line.
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October 25, 2024
Skadden, Latham Steer Chinese Driverless Tech Startup's IPO
Autonomous driving technology developer WeRide Inc., represented by Skadden Arps Slate Meagher & Flom LLP and underwriters' counsel Latham & Watkins LLP, on Friday raised $440.5 million combined through a U.S. initial public offering and private placement, saying it will apply fresh capital toward accelerating its global expansion.
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October 25, 2024
UK Antitrust Arm Opens Formal Probe Of $35B Software Deal
United Kingdom antitrust authorities triggered a formal investigation Friday into Synopsys Inc.'s $35 billion acquisition of Ansys Inc., satisfied that the transaction has enough ties to the country to merit greater scrutiny.
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October 25, 2024
GC Cheat Sheet: The Hottest Corporate News Of The Week
Most in-house legal teams expect to spend a lot more on outside counsel costs in 2025, mostly due to increased lawsuits and regulatory scrutiny. And it appears the former general counsel of Moody's Corp. will be spending the holidays in prison after being sentenced to eight months for failing to file income tax returns on $54 million in income.
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October 24, 2024
Truth Social SPAC Founder Wants $1M Award For Payout Suit
The investment sponsor of the special purpose acquisition company, or SPAC, that took former President Donald Trump's Truth Social media company public has asked for a $1 million fee award for driving the Delaware Chancery Court litigation over the Trump camp's attempts to slash a SPAC deal stock conversion ratio that would have cost some preferred investors millions.
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October 24, 2024
Bank Groups Appeal Loss In Suit Over CFPB Small Biz Rules
Lender trade groups that sued the Consumer Financial Protection Bureau over its reporting requirements for small businesses have appealed to the Fifth Circuit after a Texas federal judge granted the bureau's request for summary judgment in August.
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October 24, 2024
IP Forecast: Inhibrx Co-Founder Faces Biotech Secrets Trial
A Wilmington federal jury next week will hear a trade secrets lawsuit that accuses a biotech executive of helping himself to confidential information about cancer treatment antibodies while being employed as an expert in an unrelated $200 million arbitration proceeding. Here's a spotlight on that case — plus all the other major intellectual property matters on deck in the coming week.
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October 24, 2024
USPTO Is Using AI — And More IP Takeaways From Vidal
U.S. Patent and Trademark Office Director Kathi Vidal fielded tough questions before a crowd of attorneys Thursday to start the American Intellectual Property Law Association annual meeting, covering topics from her agency's cybersecurity challenges to the backlog of patent and trademark applications.
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October 24, 2024
Fed. Circ. Revives Lenovo Bid For SEP Anti-Suit Injunction
The Federal Circuit on Thursday gave Lenovo a new shot at securing an order that could bar Ericsson from enforcing injunctions in South America amid the companies' globe-spanning standard-essential patent dispute, faulting a lower court's reasoning for rejecting Lenovo's request.
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October 24, 2024
CAT Is 'Out Of The Bag': Judge Won't Block SEC Data Tool
The U.S. Securities and Exchange Commission can continue to monitor markets through a surveillance tool known as the consolidated audit trail while it fights a class action lawsuit challenging the tool's existence, with a Texas federal judge saying Thursday that enjoining data collection now would cause chaos and disruption.
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October 24, 2024
CFPB Cautions Over 'Unchecked Surveillance' Of Workers
The Consumer Financial Protection Bureau said Thursday it is taking action to protect consumers from "unchecked surveillance" in the labor force, issuing guidance that warns companies to get consent from workers when using algorithmic hiring scores or other outside profiling data for employment purposes.
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October 24, 2024
Va. Judge Won't Block Feds' Nonprofit Disclosure Law
A Virginia federal judge on Oct. 24 refused to stop the U.S. Department of the Treasury from enforcing a law that requires nonprofits such as community associations to disclose personal identifying information about their beneficial owners and applicants to a Treasury agency that focuses on stopping financial crimes.
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October 24, 2024
Chancery Expedites Credit Card Fee Claim-Buyer Dispute
Litigation finance startup CoreStream Capital LLC has won Delaware Court of Chancery fast-tracking of its claims that another company breached an agreement to connect the LLC with merchants seeking shares of a $5.6 billion federal class antitrust settlement covering excessive credit card fees.
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October 24, 2024
McDonald's Customers File First Suits Over E. Coli Outbreak
A Colorado man and Nebraska woman have lodged the first lawsuits against McDonald's Corp. in the wake of the E. coli outbreak tied to its Quarter Pounder hamburgers, according to a pair of complaints filed in Illinois state court on Wednesday and Thursday.
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October 24, 2024
DOJ Reaches $102M Deal In Baltimore Bridge Collapse Suit
The owner and the manager of the cargo ship that slammed into Baltimore's Francis Scott Key Bridge in March has agreed to pay $102 million to settle the U.S. Department of Justice's civil lawsuit alleging gross negligence on their part killed six people and destroyed a vital transportation corridor.
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October 24, 2024
Fenway Food Safety Czar Fired For Flagging Rats, Suit Says
A former Aramark food safety manager said in a suit filed Thursday that he was fired because he raised concerns about unsanitary conditions at Fenway Park, a Boston music hall, and the spring training ballpark of the Boston Red Sox.
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October 24, 2024
3 Insurance Execs Beat Ex-Employer's Trade Secrets Suit
A North Carolina federal judge has ruled Sherbrooke Corporate Ltd. failed to properly allege three former executives it accused of stealing confidential, proprietary software to start their own company actually used that software or kept how it worked a secret.
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October 24, 2024
Robbins Geller Tapped To Lead Lincoln National Investor Suit
Robbins Geller Rudman & Dowd LLP will lead an investor suit against insurance holding company Lincoln National in Pennsylvania federal court alleging that it misled investors about its failing variable life insurance product.
Expert Analysis
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Antitrust Issues To Watch Amid Google Ad Tech Trial
Regardless of the outcome of the U.S. Department of Justice's advertising technology antitrust suit against Google in Virginia federal court, matters ranging from market definition to unified pricing will likely have far-reaching implications for the digital advertising industry, competition and innovation, say attorneys at Holland & Knight.
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Key Takeaways From DOJ's New Corp. Compliance Guidance
The U.S. Department of Justice’s updated guidance to federal prosecutors on evaluating corporate compliance programs addresses how entities manage new technology-related risks and expands on preexisting policies, providing key insights for companies about increasing regulatory expectations, say attorneys at Debevoise.
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What To Know About Latest Calif. Auto-Renewal Law Update
While businesses have about nine months to prepare before the recently passed amendment to California's automatic renewal law takes effect, it’s not too early to begin working on compliance efforts, including sign-up flow reviews, record retention updates and marketing language revisions, say Gonzalo Mon and Beth Chun at Kelley Drye.
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How Lucia, Jarkesy Could Affect Grocery Merger Challenge
While the Federal Trade Commission is taking a dual federal court and administrative tribunal approach to block Kroger's merger with Alberstons, Kroger's long-shot unconstitutionality claims could potentially lead to a reevaluation of the FTC's reliance on administrative processes in complex merger cases, say attorneys at Saul Ewing.
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Kubient Case Shows SEC's Willingness To Charge Directors
The U.S. Securities and Exchange Commission's recent fraud charges against Kubient's former CEO, chief financial officer and audit committee chair signal a willingness to be more aggressive against officers and directors, underscoring the need for companies to ensure that they have appropriate channels to gather, investigate and document employee concerns, say attorneys at Jenner & Block.
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$200M RTX Deal Underscores Need For M&A Due Diligence
RTX's settlement with regulators for violating defense export regulations offers valuable compliance lessons, showcasing the perils of insufficient due diligence during mergers and acquisitions transactions along with the need to ensure remediation measures are fully implemented following noncompliance, say Thad McBride and Faith Dibble at Bass Berry.
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3 Coverage Tips As 2nd Circ. 'Swipes Left' On Tinder Claim
The Second Circuit's recent opinion in Match Group v. Beazley Underwriting, overturning Tinder's victory on its insurer's motion to dismiss a coverage action, reinforces three best practices policyholders purchasing claims-made coverage should adhere to in order to avoid late-notice defenses, say Lynda Bennett and Alexander Corson at Lowenstein Sandler.
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What PCOAB's Broadened Liability Rule Means For Auditors
The U.S. Securities and Exchange Commission’s recent vote agreeing to lower the Public Company Accounting Oversight Board's liability standard, allowing the board to charge individual auditors whose mere negligence leads firms into PCOAB violations, may erode inspection cooperation, shrink the talent pool and have anticompetitive outcomes, say attorneys at BakerHostetler.
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Series
Round-Canopy Parachuting Makes Me A Better Lawyer
Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.
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Dealmaker Lessons From CFIUS' New Enforcement Webpage
The Committee on Foreign Investment in the United States’ recently launched webpage, which details the actions — and inactions — that led to enforcement activity, provides important insights for dealmakers about filing requirements, mitigation commitments and the cost of noncompliance, say attorneys at Dechert.
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Boeing Ruling Is A Cautionary Tale For Trade Secret Litigants
A Washington federal court’s recent ruling canceling a $72 million jury award against Boeing because Zunum Aero had failed to properly identify its trade secrets highlights the value of an early statement of alleged secrets, amended through discovery and used as a framework at trial, says Matthew D'Amore at Cornell.
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What To Expect From Calif. Bill Regulating PE In Healthcare
A California bill currently awaiting Gov. Gavin Newsom's approval, intended to increase oversight over private equity and hedge fund investments in healthcare, is emblematic of recent increased scrutiny of investments in the space, and may affect transactions and operations in California in a number of ways, say attorneys at Ropes & Gray.
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7 Takeaways For Companies After Justices' Bribery Ruling
The U.S. Supreme Court’s Snyder v. U.S. decision this summer, holding that a federal law does not criminalize after-the-fact gratuities made to public officials, raises some key considerations for companies that engage with state, local and tribal governments, say attorneys at BakerHostetler.
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Why Now Is The Time For Law Firms To Hire Lateral Partners
Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Series
After Chevron: Courts Will Still Defer To Feds On Nat'l Security
Agencies with trade responsibilities may be less affected by Chevron’s demise because of the special deference courts have shown when hearing international trade cases involving national security, foreign policy or the president’s constitutional authority to direct such matters, say attorneys at Venable.