Corporate

  • March 12, 2025

    Feds, Ex-Cognizant Execs Ink April Date For FCPA Trial

    A New Jersey federal judge set an April 7 trial date for the Foreign Corrupt Practices Act case against two former Cognizant Technology Solutions Corp. executives on Wednesday, firming up a case timeline that's been beset by multiple delays, most recently due to the Trump administration's retreat from enforcing the statute.

  • March 11, 2025

    Musk Opens Del. Appeal To Recover $56B In Tesla Pay

    Elon Musk on Tuesday launched his Delaware Supreme Court appeal aimed at a Court of Chancery decision that had short-circuited the electric car company's 10-year, $55.6 billion compensation plan for the celebrity CEO.

  • March 11, 2025

    Ex-Mohawk CIO Seeks Lighter Sentence For $1.8M Fraud Plea

    Flooring giant Mohawk's former head of information technology pushed back Tuesday on the government's recommendation that he serve 96 months in prison, pay nearly $1 million in restitution and a $150,000 fine for running a third-party vendor scheme that ripped off his employer to the tune of $1.8 million.

  • March 11, 2025

    USPTO Acting Director To Review Bitcoin, Railway Patents

    The U.S. Patent and Trademark Office's current acting director made some of her first moves wading into patent board rulings, deciding last week to take a closer look at two board decisions involving blockchain mines and railway signs.

  • March 11, 2025

    SDNY Illicit Finance Unit Co-Chief To Depart US Atty's Office

    The co-chief of the Southern District of New York's Illicit Finance and Money Laundering Unit said in a withdrawal notice that he's leaving the U.S. attorney's office at the close of this week and requested that he be removed as counsel of record in an ongoing criminal case.

  • March 11, 2025

    More ITC Patent Cases Expected After Fed. Circ. 'Sea Change'

    A recent Federal Circuit decision discarding the U.S. International Trade Commission's limits on what types of domestic expenses qualify a company to bring a patent suit at the agency marks a pronounced shift that will likely spur considerably more ITC cases, attorneys say.

  • March 11, 2025

    Chemical, Carpet Cos. Seek Toss Of Ga. County's PFAS Suit

    Nearly a dozen carpet and chemical manufacturers have moved to dismiss a Georgia county's lawsuit seeking to hold them responsible for an alleged public health crisis in the northwestern part of the state brought on by the sale and use of toxic chemicals in carpet manufacturing.

  • March 11, 2025

    Perkins Coie Slams Trump's Executive Order Retaliation

    Perkins Coie LLP sued the Trump administration Tuesday over an executive order targeting the firm for its diversity-focused hiring efforts and its representation of certain political figures including former Sen. Hillary Clinton's presidential campaign, calling the order "an affront to the Constitution" that aims to chill future representation of certain clients.

  • March 11, 2025

    'Congress Never Came Up' In CFPB Firing Talks, Worker Says

    A Consumer Financial Protection Bureau employee recounted before a D.C. federal judge on Tuesday a frantic effort to fire 1,200 agency staffers before a court order halted it, saying the prospect of first securing congressional approval was never mentioned.

  • March 11, 2025

    California Will Be Probing Location Data Industry

    California has a hunch that a lot of companies might be violating its data privacy law when it comes to sensitive location data, according to the state's attorney general, who says he is launching a sweeping investigation into the location data industry as a whole.

  • March 11, 2025

    Hedge Fund Group Sends SEC Its Regulatory Wish List

    The U.S. Securities and Exchange Commission should reevaluate rules that impose "significant, unjustified costs and burdens on investors and other market participants with little to no corresponding benefits," the Managed Funds Association said in a letter to the regulator Tuesday.

  • March 11, 2025

    Weapons Check Co. Sued In Del. After Hyped Reports, Probes

    A shareholder of weapons screening system developer Evolv Technologies fired off a derivative suit on the company's behalf in Delaware's Court of Chancery late Monday, seeking recovery of damages arising from allegedly hyped marketing of flawed, artificial intelligence-enabled systems that failed to meet threat detection claims.

  • March 11, 2025

    Senate Confirms Gail Slater To Lead DOJ Antitrust

    The Senate voted 78-19 on Tuesday to confirm Gail Slater to be assistant attorney general for the Antitrust Division at the U.S. Department of Justice.

  • March 11, 2025

    Logistics Co. Tells Texas Justices Attys Undercut Rail Deal

    An energy logistics company has told the Texas Supreme Court that lawyers who allegedly helped undermine a business deal shouldn't get to skate out of a legal malpractice lawsuit, arguing in a Monday petition the case belongs before a jury.

  • March 11, 2025

    Spirit Airlines Judge Says Opt-Out Releases Well Explained

    A New York bankruptcy judge explained his February decision to approve third-party releases in budget air carrier Spirit Airlines' Chapter 11 plan, saying an opt-out mechanism of the releases is enough to establish the consent of creditors, given how thoroughly the process was discussed and the number of people who did opt out.

  • March 11, 2025

    ISP Asks Justices To Reverse Liability In Piracy Suit

    It's time for the U.S. Supreme Court to step in and decide whether internet service providers can be liable for copyright infringement if they haven't done enough to stop their customers from pirating music, says an ISP that has been locked in one such legal battle for the better part of a decade.

  • March 11, 2025

    Trump Taps Amazon Corporate Counsel As US Atty In Philly

    President Donald Trump has tapped David Metcalf, a former U.S. Department of Justice official, currently at Amazon, to be U.S. attorney for the Eastern District of Pennsylvania.

  • March 11, 2025

    Trump Taps DOJ Vet To Serve As Energy Dept.'s Top Lawyer

    President Donald Trump has nominated a Winston & Strawn LLP partner, who formerly led the U.S. Department of Justice's Environment and Natural Resources Division during Trump's previous term, to serve as the U.S. Department of Energy's general counsel.

  • March 11, 2025

    Google Trade Secrets Case Against Ex-Engineer Resolved

    A Texas federal judge closed Google LLC's trade secrets lawsuit against a former employee on Monday after the parties agreed last December to an injunction forbidding him from possessing or sharing any of the company's confidential information.

  • March 11, 2025

    Ex-EEOC Chair Dhillon Nominated To Lead Pension Corp.

    President Donald Trump on Tuesday tapped Janet Dhillon, a former U.S. Equal Employment Opportunity Commission chair and commissioner, to lead the Pension Benefit Guaranty Corp.

  • March 11, 2025

    BigLaw Firms Join To Support Del. Corporate Law Changes

    Twenty-one law firms with Delaware corporate practices have jointly endorsed pending state legislation, S.B. 21, that aims to narrow stockholder avenues for challenging corporate acts and clarify the definition of company controllers.

  • March 11, 2025

    A Brief Look At Delaware's Divisive Corporate Law Bill

    Delaware state Senate Bill 21, up for a Judiciary Committee vote on Wednesday, overturns some provisions of landmark state Supreme Court rulings, from Kahn v. M&F Worldwide Corp. in 2014 to In re Match Group a decade later, which call for plaintiff-friendly entire fairness review for controller transactions.

  • March 11, 2025

    Ex-TD Bank Atty Back To Basics Of Litigation At Ballard Spahr

    A former in-house attorney for TD Bank has gone back to private practice and joined Ballard Spahr LLP's Philadelphia office in a move aimed at returning his focus to the nuts and bolts of litigation.

  • March 11, 2025

    Publix's Suit Over Ga. County's Private Attys 'Beyond Reason'

    Publix can't sue a metro Atlanta county to force it to drop its private attorneys who filed an opioid suit against the supermarket chain, the Georgia Court of Appeals has said, ruling that the company "fails to show what right the county has violated by its choice of counsel."

  • March 11, 2025

    US Atty, Ex-Cognizant Execs Can Delay FCPA Trial For 30 Days

    A federal judge granted an adjournment of up to 30 days in the Foreign Corrupt Practices Act trial of two former Cognizant Technology Solutions Corp. executives to allow the newly anointed U.S. attorney for New Jersey to review the case.

Expert Analysis

  • 4 Potential Effects Of 3rd Circ.'s Coinbase Ruling

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    The Third Circuit's recent landmark decision in Coinbase v. U.S. Securities and Exchange Commission that the SEC's refusal to engage in rulemaking to clarify its stance on crypto enforcement was "insufficiently reasoned" could have wide-ranging impacts, including on other cases, legislation and even the SEC's reputation itself, says Daniel Payne at Cole-Frieman.

  • Applying ABA Atty Role Guidance To White Collar Matters

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    The American Bar Association’s recently published guidance, clarifying the duties outside counsel owes to both organizational clients and those organizations' constituents, provides best practices that attorneys representing companies in white collar and other investigative matters should heed, say attorneys at MoFo.

  • Tax-Free Ways To Help Employees After The LA Wildfires

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    Following the recent wildfires in Los Angeles, there are various tax-free ways to give employees the resources and flexibility they need, including simpler methods like disaster relief payments under Internal Revenue Code Section 139 and leave-sharing programs, and others that require more planning, says Ligeia Donis at Baker McKenzie.

  • What Trump Admin's Anti-DEI Push Means For FCA Claims

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    President Donald Trump's recent rescission of a 60-year-old executive order imposing nondiscrimination requirements on certain federal contractors has far-reaching implications, including potential False Claims Act liability for contractors and grant recipients who fail to comply, though it may be a challenge for the government to successfully establish liability, say attorneys at Bass Berry.

  • CFPB's Message To States Takes On New Weight Under Trump

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    The Consumer Financial Protection Bureau's January guidance to state enforcers has fresh significance as the Trump administration moves to freeze the bureau's work, and industry should expect states to use this series of recommendations as an enforcement road map, say attorneys at Brownstein Hyatt.

  • What Companies Should Consider During FCPA Pause

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    While waiting for updated guidance on Foreign Corrupt Practices Act criminal investigations after a Feb. 10 executive order froze FCPA enforcement, companies should consider the implications of several possible policy shifts, rather than relaxing internal oversight of questionable business practices, say attorneys at Simpson Thacher.

  • Takeaways From CFTC's Private Fund Rule Amendments

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    The U.S. Commodity Futures Trading Commission's recently adopted amendments to Rule 4.7 of the Commodity Exchange Act ensure that investors in the complex derivatives markets receive relevant and comprehensive information, and further align suitability criteria for investors in private funds, says Rita Molesworth at Willkie.

  • National Bank Act Rulings Facilitate More Preemption Analysis

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    Two recent National Bank Act preemption decisions from an Illinois federal court and the Ninth Circuit provide the first applications of the U.S. Supreme Court’s May ruling in Cantero v. Bank of America, opening the potential for several circuit courts to address the issue this year, say attorneys at Moore & Van Allen.

  • Series

    Collecting Rare Books Makes Me A Better Lawyer

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    My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.

  • Preparing For Stricter Anti-Boycott Enforcement Under Trump

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    Given the complexity of U.S. anti-boycott regulations and the likelihood of stepped-up enforcement under the new administration, companies should consider adopting risk-based anti-boycott compliance programs that include training employees to recognize and assess potential boycott requests, and to report them expeditiously when necessary, say attorneys at Debevoise.

  • Opinion

    New DOJ Leaders Should Curb Ill-Conceived Prosecutions

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    First-of-their-kind cases have seemingly led to a string of overly aggressive prosecutions in recent years, so newly sworn-in leaders of the U.S. Department of Justice should consider creating reporting channels to stop unwise prosecutions before they snowball, says Jonathan Porter at Husch Blackwell.

  • Rethinking How To Engage Shareholders, Activists Via Proxies

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    ​​​​​​​This proxy season, companies should consider visually driven proxy statements that highlight the board's strengths, the alignment between executive compensation and performance, and a commitment to sustainability and risk management to earn the support of investors and fend off hostile acquirers, say Craig Clay and Ron Schneider at DFIN.

  • Tips For Pharma-Biotech Overlap Reporting In New HSR Form

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    While there’s no secret recipe for reporting overlaps to the Federal Trade Commission in the new Hart-Scott-Rodino Act form, there are several layers of considerations for all pharma-biotech companies and counsel to reflect on internally before reporting on any deal, say attorneys at A&O Shearman.

  • Opinion

    Judge Should Not Have Been Reprimanded For Alito Essay

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    Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.

  • What Day 1 Bondi Memos Mean For Corporate Compliance

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    After Attorney General Pam Bondi’s flurry of memos last week declaring new enforcement priorities on issues ranging from foreign bribery to diversity initiatives, companies must base their compliance programs on an understanding of their own core values and principles, says Hui Chen at CDE Advisors.

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