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Corporate
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February 04, 2025
Meta Attacks Insurers' Bid To Remand Social Media MDL Row
Meta asked a Delaware federal court to postpone ruling on its insurers' request to remand a dispute over coverage for thousands of suits alleging harm from the company's social media platforms, saying the action will likely soon be transferred to multidistrict litigation in California alongside the underlying claims.
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February 04, 2025
Trump Taps GOP Senate Staffer For Treasury Bank Policy Role
President Donald Trump on Monday nominated Luke Pettit, a senior adviser to Sen. Bill Hagerty, R-Tenn., and former Federal Reserve policy analyst, to become the U.S. Department of the Treasury's top bank policy official.
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February 04, 2025
Ex-SDNY Criminal Division Chief Joins Debevoise
Debevoise & Plimpton LLP announced Tuesday that it has hired the former chief of the U.S. Attorney's Office for the Southern District of New York's Criminal Division to bolster its white collar and regulatory defense group.
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February 04, 2025
Javice's Texts About Elizabeth Holmes Not Fair Game For Trial
Frank founder Charlie Javice's sympathetic texts about healthcare-sector fraudster Elizabeth Holmes won't be seen by the jury hearing charges that the education startup executive faked data to dupe JPMorgan into a $175 million acquisition, a Manhattan federal judge said Tuesday.
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February 03, 2025
Trump Orders Plan For Creating US Sovereign Wealth Fund
President Donald Trump on Monday signed an executive order calling on the U.S. Department of the Treasury and U.S. Department of Commerce to come up with a plan to create a U.S. sovereign wealth fund and said the social media app TikTok could potentially be put in the proposed fund.
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February 03, 2025
Google Fights Uphill To Scrap Antitrust Verdict At 9th Circ.
A Ninth Circuit panel appeared skeptical on Monday of Google's bid to throw out Epic Games' antitrust trial win and injunction requiring Google to open its Play Store to rivals following Epic Games' partial antitrust loss against Apple, with each judge doubting that the Apple ruling is necessarily preclusive.
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February 03, 2025
5th Circ. Panel Split On NLRB Case After Post-Loper Remand
Members of a Fifth Circuit panel appeared split Monday about whether to once again uphold a National Labor Relations Board decision letting its acting prosecutor pull a pending suit in the wake of the U.S. Supreme Court's decision last year to scale back courts' deference to federal agencies.
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February 03, 2025
Gilstrap Tells Patent Atty To 'Relearn The Fundamentals'
U.S. District Judge Rodney Gilstrap has decided that a "public admonition" is a more appropriate punishment than legal fines for a lawyer whose client was called a "patent troll" by opponents, ordering the attorney to "relearn the fundamentals of the Federal Rules of Civil Procedure."
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February 03, 2025
Del. Justices Agree Conduent Fraud Verdict Wasn't Proper
Delaware's Supreme Court on Monday affirmed a Superior Court judge's ruling setting aside a jury verdict that Delaware-chartered Conduent State Healthcare LLC tried to defraud insurers after paying a $236 million Medicaid settlement in Texas.
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February 03, 2025
Maryland Kids' Privacy Law Latest To Face Legal Challenge
Tech industry group NetChoice on Monday added to its growing list of lawsuits contesting the constitutionality of kids' online safety laws around the country, filing an action against a recently enacted Maryland law that it claims would force online platforms to act as "a digital speech police."
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February 03, 2025
Co.'s Coverage Suit Over $1.9M Email Spoof Scheme Tossed
An Alaska federal court on Monday officially dismissed a construction company's lawsuit accusing Travelers of a bad faith refusal to provide directors and officers coverage for a $1.9 million email spoofing scheme, days after the construction company filed a voluntary motion to dismiss with prejudice.
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February 03, 2025
Canada, Mexico Would Likely Get 'Symbolic' Wins On Tariffs
Canada and Mexico inked deals with the Trump administration on Monday to win a 30-day reprieve on a blanket 25% tariff slated to be imposed on nearly all of their U.S.-bound exports. But if the tariffs are eventually enacted and the United States' North American neighbors seek out relief from international tribunals, experts say Washington would probably lose — but that result probably wouldn't change much.
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February 03, 2025
Uber 'Not An Insurer,' Cut Loose From Driver Assault Suit
A Pennsylvania federal judge on Monday tossed a suit seeking to hold Uber liable for a driver's assault of a passenger at a Philadelphia airport, saying the ride-hailing company is "not an insurer" and "is not automatically liable" when a driver commits an assault.
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February 03, 2025
DOJ's LA Fitness ADA Suit May Be 'Inadequate,' Judge Says
A California federal judge expressed doubts Monday about the U.S. Department of Justice's lawsuit alleging that LA Fitness failed to accommodate patrons with disabilities and said the court so far finds the pleadings to be "inadequate" in arguing there is a "pattern and practice" of discrimination.
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February 03, 2025
Trump Names Head Of NLRB's Los Angeles Office Acting GC
President Donald Trump appointed the director of the National Labor Relations Board's Los Angeles office as the agency's acting general counsel Monday, allowing William Cowen to occupy the seat left vacant by the ousters of Biden-era general counsel Jennifer Abruzzo and the most recent acting general counsel, Jessica Rutter.
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February 03, 2025
Fla. Police Pension Sues Target Over 'Woke Capitalism' Losses
A Florida police department's pension fund sued Target Corp. in federal court in a proposed class action over alleged securities violations, saying the company lost billions of dollars in value after experiencing a sustained backlash from customers due to "woke capitalism" initiatives meant to promote sustainable business practices and diversity.
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February 03, 2025
SEC's Former Acting Enforcement Director Joins Weil In NY
A former acting enforcement director of the U.S. Securities and Exchange Commission who led some of the agency's biggest cases over the past two decades has joined Weil Gotshal & Manges LLP as a partner in the firm's New York office.
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February 03, 2025
OpenAI, Microsoft Aim To Ax Musk's For-Profit Change Suit
OpenAI and Microsoft have urged a California federal court in separate motions to dismiss Elon Musk's antitrust and breach of contract lawsuit claiming OpenAI lied by telling investors it would always be a nonprofit artificial intelligence research organization, calling the allegations "conclusory" and lacking factual backing.
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February 03, 2025
Amazon Military Leave Class Should Be Certified, Judge Says
A New York federal judge recommended on Monday greenlighting class treatment for more than 9,000 military reservists who accused Amazon of failing to fully provide paid leave for employees on active duty, saying the workers have shown the employment policies at issue apply to all of them.
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February 03, 2025
Ex-Fox Sports TV Host Accuses Executive Of Sexual Assault
A former on-air Fox Sports host and reporter has sued the network and executive Charlie Dixon in California state court alleging he sexually assaulted her in his hotel room in 2016.
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February 03, 2025
Trial Court Won't Pause Google Search Case For Apple Appeal
A D.C. federal court refused on Sunday to pause the remedies phase of the landmark monopolization case targeting Google's search dominance while Apple appeals a decision refusing to allow it to participate.
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February 03, 2025
J&J Investigations And Gov't Litigation Head Joins O'Melveny
The global practice leader for investigations and government litigation at Johnson & Johnson has joined O'Melveny & Myers LLP after two decades in-house, the firm said Monday.
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February 03, 2025
DOJ Vets Start Group To Protect Ex-Colleagues From Trump
Former attorneys at the U.S. Department of Justice are launching a new initiative to protect staff caught in the cross-hairs of President Donald Trump's efforts to reshape the department in his image.
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February 03, 2025
US Steel, Nippon Say Election Politics Blocked $14.9B Deal
Japan's Nippon Steel Corp. and U.S. Steel Corp. on Monday filed their opening brief in a suit against former President Joe Biden and the Committee on Foreign Investment in the United States over a blocked $14.9 billion mega-merger, alleging the deal was blocked purely due to election-year politics and not national security as claimed.
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February 03, 2025
DC Judge Joins RI In Blocking Trump Funding Freeze
A D.C. federal judge on Monday temporarily blocked the Trump administration from implementing a freeze on federal spending while a group of nonprofits sue over the move, ruling the pause appears to "suffer from infirmities of a constitutional magnitude."
Expert Analysis
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How Cos. Can Respond To CFPB Digital Asset Safeguard Plan
Though the Consumer Financial Protection Bureau’s proposal to regulate online payment platforms via existing federal laws would create new challenges, digital payment companies that engage with the rulemaking process could help shape a win-win regulatory framework that protects consumer data and ensures the sector’s growth, says Allison Raley at Arnall Golden.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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More Environmental Claims, More Greenwashing Challenges
As companies prepare for the 2025 greenwashing landscape, they should take heed of a D.C. appellate decision that shows that environmental claims are increasingly subject to attack and provides plaintiffs with a playbook for challenging corporate claims of sustainability, say attorneys at Sidley.
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Trump Likely To Prioritize Trade, Customs Fraud Enforcement
With the evasion of tariffs and duties a probable focus for the U.S. Department of Justice and its partners under President Donald Trump, businesses should carefully monitor supply chains to avoid enforcement targeting, say attorneys at Shook Hardy.
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Overseas Investment Rule Calls For Compliance Caution
Investors should be leery of who and what they are investing in now that the federal outbound investment regime, effective Jan. 2, has extended the governement's regulatory reach to businesses and parties not previously subject to trade restrictions, says Thaddeus McBride at Bass Berry.
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Assessing Gary Gensler's Legacy At The SEC
Gary Gensler's tenure as U.S. Securities and Exchange Commission chair is defined by a record of commonsense regulation in some areas and social activism in others, and by increasing judicial skepticism about the SEC's authority to fulfill its regulatory, enforcement, administrative law and adjudicatory functions, say attorneys at Arnold & Porter.
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7 Steps To Sell Corporate Leadership On Privacy Compliance
In celebration of the 17th annual Data Privacy Day, compliance professionals shouldn't take no for an answer when they request funding and other support for their privacy initiatives — instead, consider new ways to get leaders on board, says Liisa Thomas at Sheppard Mullin.
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Takeaways From DOJ Fraud Section's 2024 Year In Review
Attorneys at Paul Weiss highlight notable developments in the U.S. Department of Justice Fraud Section’s recently released annual report, and discuss what the second Trump administration could mean for enforcement in the year to come.
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4 Employment Law Areas Set To Change Under Trump
President Donald Trump's second term is expected to bring significant changes to the U.S. employment law landscape, including the potential for updated worker classification regulations, and challenges to diversity, equity and inclusion that are already taking shape, say attorneys at Debevoise.
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Recent SEC Actions Highlight Importance Of Filing Form D
The U.S. Securities and Exchange Commission's enforcement action against three companies last month for failing to timely file Form D is an unprecedented step that should put an end to Regulation D issuers' views that filing these forms is a technical requirement or somewhat voluntary, says Patrick McCloskey at McCloskey Law.
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8 Lessons Yellow Corp. Layoffs Can Teach Distressed Cos.
A Delaware bankruptcy court’s recent decision, examining trucking company Yellow Corp.’s abrupt termination of roughly 25,500 employees, offers financially distressed businesses a road map for navigating layoffs under the Worker Adjustment and Retraining Notification Act, say attorneys at King & Spalding.
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Recent Suits Show Antitrust Agencies' Focus On HSR Review
The U.S. Department of Justice's suit this month against KKR for inaccurate and incomplete premerger filings, along with other recent cases, highlights the agency's increasing scrutiny of Hart-Scott-Rodino Act compliance for private equity firms, say attorneys at Willkie.
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The 7th Circ.'s Top 10 Civil Opinions Of 2024
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.
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Private-Bidding Compliance Lessons From Siemens Plea Deal
Siemens Energy’s recent wire fraud conspiracy guilty plea shows that U.S. prosecutors are willing and able to police the private, domestic bidding market to protect the integrity of the competitive marketplace, and companies will need a robust compliance program to mitigate these risks, say attorneys at Foley Hoag.
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Kansas Bank's Suit Could Upend FDIC Enforcement Authority
Should CBW Bank's federal lawsuit in Kansas challenging the Federal Deposit Insurance Corp.'s enforcement authority gain traction with a post-Chevron U.S. Supreme Court, it could have profound implications for the FDIC and the banking industry at large, says Jack Harrington at Bradley Arant.