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Corporate
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September 17, 2024
In-House Atty Brings Bias Suit Over Firing After Miscarriage
A former in-house attorney at chemicals company Arxada has launched a discrimination lawsuit in New Jersey state court accusing the business of unlawfully terminating her in the days after she showed interest in going on leave to recover from a miscarriage.
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September 17, 2024
Former PNC Bank Atty Joins McNees Wallace In Pittsburgh
A former chief counsel with PNC Bank is leaving the world of in-house for McNees Wallace & Nurick, where she will help boost the firm's work in fiduciary litigation and disputes involving trusts and estates.
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September 17, 2024
Ex-Skadden Atty Joins Board Of Oil Property Co. LandBridge
Oil property acquirer LandBridge Co. has added a former Skadden Arps Slate Meagher & Flom LLP partner to its board, where the company hopes to benefit from her capital markets and corporate governance expertise.
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September 17, 2024
8th Circ. Won't Revive Fired Lockheed Atty's Race Bias Suit
The Eighth Circuit refused on Tuesday to reinstate a race discrimination and retaliation case brought by a former Lockheed Martin in-house attorney whose suit was tossed after a trial court concluded she had lied about her income, rejecting her push to deflect blame onto her lawyers.
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September 17, 2024
PSEG's GC To Retire As Utility Co. Lines Up Her Successor
The top attorney for Public Service Enterprise Group is retiring next year after more than three decades with the utility provider, the company announced Tuesday.
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September 17, 2024
First Financial Finds New GC In MidFirst Bank Deputy
The Texas bank operating as First Financial has tapped a new legal leader from Oklahoma's MidFirst Bank.
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September 16, 2024
Ex-MoviePass CEO Admits $9.95 Plan Too Good To Be True
Former MoviePass CEO J. Mitchell Lowe pleaded guilty in Florida federal court on Monday to conspiracy to commit securities fraud, admitting that he and another executive hyped the illusion that their $9.95-a-month unlimited movie watching plan would be profitable while knowing it was merely a gimmick to defraud investors.
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September 16, 2024
CEO's AI Fraud Detection Tool Contract Was Fraud, Feds Say
A former technology company CEO has pled guilty to a charge that he cooked his company's books and raised tens of millions of dollars from investors off phony claims that an artificial intelligence program his firm developed was being used to spot digital ad fraud, the Manhattan U.S. Attorney's Office said Monday.
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September 16, 2024
TIAA Faces Class Claims Over 2023 Cyberattack
The Teachers Insurance Annuity Association of America and its life insurance subsidiary were sued in New York federal court by a proposed class alleging the company failed to protect the personal data of current and former clients and allowed a 2023 data breach.
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September 16, 2024
Icahn Enterprises Beats Investor Suit Over Dividend Program
Icahn Enterprises has beaten a proposed investor class action accusing it of propping up its stock price with unsustainably high dividends in order to support founder Carl Icahn's loans and financial interests, with a Florida federal judge saying the plaintiffs hadn't shown any misstatements the company made about the "true motivation" for its dividend program.
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September 16, 2024
Ithaca Starbucks Closings Violated Law, NLRB Judge Says
Starbucks violated federal labor law by closing two stores in Ithaca, New York last year in retaliation for workers' union activity, a National Labor Relations Board judge found, rejecting the coffee giant's arguments that the closures were due to staff turnover and recommending that the company be ordered to reopen the locations.
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September 16, 2024
Judges Examine Who Has Free Speech Rights In TikTok Case
A D.C. Circuit panel on Monday pressed lawyers for the federal government as well as TikTok and its users to parse whether full First Amendment protections apply to the social media platform's foreign owners as well as to its users despite congressional worries that the platform is vulnerable to interference by a potential overseas adversary.
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September 16, 2024
Why A Tactic In The Youth Climate Change Battle Is Risky
Young people suing the federal government for sweeping changes to climate policy are trying a new tactic, filing a mandamus petition in the U.S. Supreme Court in an effort to get their case to trial. But some lawyers are worried the tactic may backfire, limiting the opportunity for others to use the courts to wage climate battles, experts told Law360.
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September 16, 2024
Apple Ruling May Embolden EU's Tax Policing, Experts Say
The European Court of Justice's ruling against Apple and Ireland last week runs contrary to its logic in a 2022 state aid ruling, potentially giving the European Commission a reason to think it can decide tax norms across Europe, tax experts said.
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September 16, 2024
Parent Drops Suit Alleging Video Game Addiction
An Arkansas parent has dropped their lawsuit alleging popular entertainment company make addictive video games like Fortnite and Call of Duty that they said had drastic negative implications on their 14-year-old child's life.
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September 16, 2024
Chevron Deference Invalid In Travel-Time Pay Case, DOL Says
The U.S. Department of Labor said the overturning of Chevron deference has no bearing on its case against a home care company for stiffing workers of travel-time pay, arguing that the regulations at issue don't invoke such an analysis, according to a letter filed by the department.
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September 16, 2024
Michael Best Absorbs 6-Atty Great Plains Startup Boutique
Michael Best & Friedrich LLP announced Monday it had expanded into the Great Plains region of the U.S. as it combines with a six-attorney Nebraska-based boutique helmed by a former Wilson Sonsini Goodrich & Rosati PC attorney.
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September 16, 2024
Banking Pro Returns To Sullivan & Cromwell
A former deputy general counsel at the Federal Reserve Board has rejoined Sullivan & Cromwell LLP's financial services group as a partner in New York, the firm said Monday.
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September 16, 2024
Milbank Taps SEC Chief Litigation Counsel As DC Partner
Milbank LLP said Monday it has hired the U.S. Securities and Exchange Commission's chief litigation counsel as a new partner in Washington, D.C.
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September 16, 2024
Amazon In-House Atty, FTC Vet Joins Weil In DC
The latest addition to Weil Gotshal & Manges LLP's antitrust practice group is a former senior corporate counsel with Amazon with nearly a decade of experience at the U.S. Federal Trade Commission.
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September 16, 2024
Wendy's Taps Former Kellogg Legal Leader As New CLO
A former high-ranking legal executive with Kellogg Co. is joining The Wendy's Co. as its new top attorney, the fast food giant announced Monday.
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September 16, 2024
Big Ten Lands Polsinelli Litigator As New Assistant GC
The Big Ten Conference has tapped a Polsinelli PC litigator with a background in college athletics cases as its new assistant general counsel.
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September 16, 2024
Boeing To Pay Embraer $150M To End Failed JV Arbitration
The Boeing Co. will pay Brazilian aircraft manufacturer Embraer SA $150 million to resolve arbitration proceedings related to joint venture agreements the two entered into in 2019 that never materialized, Embraer revealed Monday.
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September 16, 2024
DraftKings, FanDuel Sued Over Use Of MLB Player Images
Sports betting giants including DraftKings and FanDuel have been using photographs of MLB players to promote sports betting offerings despite knowing they do not have such rights, a division of the Major League Baseball Players Association alleged in separate lawsuits filed Monday in Pennsylvania and New York.
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September 16, 2024
Finnish Insurer Boosts Buyback To €475M, Extends End Date
Sampo PLC said Monday that it will raise its €400 million ($445 million) share buyback program by €75 million, as the Finnish insurer moves to acquire all the stock it does not already hold in Danish rival Topdanmark AS.
Expert Analysis
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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Series
After Chevron: 7 FERC Takeaways From Loper Bright
Following the U.S. Supreme Court's overturning of the Chevron doctrine, it's likely that the majority of the Federal Energy Regulatory Commission's orders will not be affected, but the commission has nonetheless lost an important fallback argument and will have to approach rulemaking more cautiously, says Norman Bay at Willkie Farr.
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Series
After Chevron: USDA Rules May Be Up In The Air
The Supreme Court's end of Chevron deference may cause more lawsuits against U.S. Department of Agriculture regulations, like the one redefining "unfair trade practices" under the Packers and Stockyards Act, or a new policy classifying salmonella as an adulterant in certain poultry products, says Bob Hibbert at Wiley.
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Series
In The CFPB Playbook: Making Good On Bold Promises
The U.S. Supreme Court's decision upholding the Consumer Financial Protection Bureau's funding structure in the second quarter cleared the way for the bureau to resume a number of high-priority initiatives, and it appears poised to charge ahead in working toward its aggressive preelection agenda, say Andrew Arculin and Paula Vigo Marqués at Blank Rome.
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Series
After Chevron: Creating New Hurdles For ESG Rulemaking
The U.S. Supreme Court's Loper Bright decision, limiting court deference to agencies' statutory interpretations, could have significant impacts on the future of ESG regulation, creating new hurdles for agency rulemaking around these emerging issues, and calling into question current administrative actions, says Leah Malone at Simpson Thacher.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
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Navigating The Extent Of SEC Cybersecurity Breach Authority
The U.S. Securities and Exchange Commission's broad reading of its authority under Section 13(b)(2)(B) of the Securities Exchange Act in the R.R. Donnelley and SolarWinds actions has ramifications for companies dealing with cybersecurity breaches, but it remains to be seen whether the commission's use of the provision will withstand judicial scrutiny, say attorneys at Sullivan & Cromwell.
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Series
After Chevron: Rethinking Agency Deference In IP Cases
The U.S. Supreme Court’s recent overturning of Chevron deference could make it simpler to challenge the U.S. Patent and Trademark Office’s proposed rule on terminal disclaimers and U.S. International Trade Commission interpretations, says William Milliken at Sterne Kessler.
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Best Text Practices In Light Of Terraform's $4.5B Fraud Deal
Text messages were extremely important in a recent civil trial against Terraform Labs, leading to a $4.5 billion settlement, so litigants in securities fraud cases need to have robust mobile data policies that address the content and retention of messages, and the obligations of employees to allow for collection, say Josh Sohn and Alicia Clausen at Crowell & Moring.
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Series
Solving Puzzles Makes Me A Better Lawyer
Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.
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Series
After Chevron: Uniform Tax Law Interpretation Not Guaranteed
The loss of Chevron deference will significantly alter the relationship between the IRS, courts and Congress when it comes to tax law, potentially precipitating more transparent rulemaking, but also provoking greater uncertainty due to variability in judicial interpretation, say Michelle Levin and Carneil Wilson at Dentons.
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Series
After Chevron: Environmental Law May Face Hurdles
The U.S. Supreme Court's recent ruling overturning Chevron deference could prove to be as influential as the original 1984 decision, with far-reaching implications for U.S. environmental laws, including rendering recently promulgated regulations more vulnerable to challenges, say attorneys at Morgan Lewis.
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Opinion
'Trump Too Small' Ruling Overlooks TM Registration Issues
The U.S. Supreme Court's decision last month in Vidal v. Elster, which concluded that “Trump Too Small” cannot be a registered trademark as it violates a federal prohibition, fails to consider modern-day, real-world implications for trademark owners who are denied access to federal registration, say Tiffany Gehrke and Alexa Spitz at Marshall Gerstein.
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Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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Why High Court Social Media Ruling Will Be Hotly Debated
In deciding the NetChoice cases that challenged Florida and Texas content moderation laws, what the U.S. Supreme Court justices said about social media platforms — and the First Amendment — will have implications and raise questions for nearly all online operators, say Jacob Canter and Joanna Rosen Forster at Crowell & Moring.