Corporate

  • March 13, 2025

    Jessica Alba's Honest Co. Inks $28M Deal In IPO Class Action

    Jessica Alba's The Honest Co., its executives and others involved in the baby and beauty product company's initial public offering have agreed to pay nearly $28 million to resolve a class action in California federal court alleging they failed to disclose negative trends ahead of the IPO.

  • March 13, 2025

    9th Circ. Won't Block Consolidation Of Uber Assault Cases

    The Ninth Circuit has rejected Uber Technologies Inc.'s contention that the Judicial Panel on Multidistrict Litigation should've enforced Uber's "non-consolidation" clause with passengers' lawsuit alleging they were sexualy assaulted, ruling that such a "private agreement" doesn't override the JPML's power to consolidate.

  • March 13, 2025

    Calif. Kids' Privacy Law Again Fails Constitutional Challenge

    A California federal judge on Thursday again blocked the state from enforcing a landmark law requiring tech giants to bolster privacy protections for children, finding that a second review of the dispute didn't change the conclusion that tech trade group NetChoice was likely to succeed with its First Amendment challenge. 

  • March 13, 2025

    EPA's Deregulation Road Riddled With Potential Potholes

    The U.S. Environmental Protection Agency's plan to unwind dozens of climate change and other pollution control rules confronts the practical reality of laborious federal rulemaking, where any attempted shortcuts may backfire in court.

  • March 13, 2025

    EPA Tempting Legal Storm With Climate Danger Rethink

    The U.S. Environmental Protection Agency's reconsideration of its 16-year-old conclusion that greenhouse gases threaten human health may face arduous litigation if the agency reverses course, given that the scientific and legal foundations for the finding have strengthened over time.

  • March 13, 2025

    SEC's Expansion Of Confidential Filings Likely To Spur Deals

    The U.S. Securities and Exchange Commission's latest effort to expand companies' ability to confidentially file for more securities offerings during initial stages should accelerate the pace of public issuances, according to capital markets lawyers.

  • March 13, 2025

    NY AG James Pitches Bill To Expand Consumer Protection Law

    New York Attorney General Letitia James on Thursday announced legislation that would expand the state's ban on deceptive business practices to also protect against unfair and abusive practices, an idea backed by Biden-era Federal Trade Commission and Consumer Financial Protection Bureau heads.

  • March 13, 2025

    Grubhub Can't Force Arbitration, But Uber Can At 2nd Circ.

    A partially divided Second Circuit panel said Thursday that Grubhub cannot force into arbitration a proposed class action's price-fixing claims based on rules barring restaurants from selling food more cheaply through other channels, but left the arbitrability question for the same claims against Uber Eats up to the arbitrator.

  • March 13, 2025

    Federal Judge Still Skeptical Of Amazon Securities Fraud Suit

    A Washington federal judge said he was "struggling" with a group of Amazon shareholders' stance in a securities fraud suit on Thursday, doubtful that stock sales numbers were enough to back claims that Jeff Bezos had a motive to dupe investors about the company's fulfillment capacity and third-party seller practices.

  • March 13, 2025

    Calif. AG Appealing State Limits On Pay-For-Delay Ban

    California enforcers are appealing to the Ninth Circuit after a lower court found that a new state law restricting "reverse payment" settlements between brand-name and generic-drug makers cannot be used to regulate deals that were struck outside the state.

  • March 13, 2025

    Stifel Owes $132.5M Over Structured Notes, FINRA Panel Says

    Broker-dealer Stifel Nicolaus & Co. Inc. owes a family more than $132.5 million in a Financial Industry Regulatory Authority arbitration stemming from allegations their accounts were overinvested in structured notes.

  • March 13, 2025

    2nd Circ. Won't Revive Saks, Luxury Brands No-Poach Case

    A Second Circuit panel refused Thursday to revive an antitrust suit from former Saks Fifth Avenue employees over the retailer's alleged agreements with Gucci, Louis Vuitton and other luxury fashion houses to not hire workers from its stores.

  • March 13, 2025

    Bumble Bee Foods Accused Of Benefiting From Forced Labor

    Four Indonesian villagers who allege they were trapped in abusive and dangerous slave-working conditions for years aboard tuna fishing vessels sued Bumble Bee Foods LLC in California federal court, accusing the seafood giant of knowingly benefiting from forced labor in violation of the Trafficking Victims Protection Act.

  • March 13, 2025

    Drone-Maker Wants DOD Info On Listing As Chinese Military Co.

    Drone manufacturer DJI wants the U.S. Department of Defense to turn over classified information behind the decision to list it as a Chinese military company, claiming the materials are essential for its lawsuit contesting the designation.

  • March 13, 2025

    PBMs Tell FTC 5-Month Delay Too Long For In-House Insulin Trial

    The nation's "Big Three" pharmacy benefit managers say they want to get to trial in the Federal Trade Commission's administrative suit against them sooner rather than later, arguing that the agency's request for a five-month delay would be too long, but they're open to a three-week postponement.

  • March 13, 2025

    Smartmatic Wants MyPillow CEO Held In Contempt

    MyPillow CEO Mike Lindell hasn't paid the sanctions he owes to Smartmatic for filing "frivolous claims" against the voting systems company, Smartmatic told a D.C. federal judge in an effort to hold him in civil contempt.

  • March 13, 2025

    Ohio Co. Can't Get New Trial After Scrapped $18M Award

    An Ohio startup on Thursday lost its latest bid to revive an $18.3 million jury verdict it won against TransUnion for allegedly holding its source code hostage after ending a business deal.

  • March 13, 2025

    Cemetery Arborist Cuts Deal To Resolve SEC Fraud Claims

    The former arborist for a Boston-area cemetery has agreed to pay nearly $400,000 to resolve claims by the U.S. Securities and Exchange Commission that he convinced co-workers, friends and his church community to invest in the foreign currency exchange market while falsely promising extravagant returns, according to federal court filings Thursday.

  • March 13, 2025

    Law Firm Helped Fintech CEO Undercut $1.7B Deal, Suit Says

    A fintech startup that went belly up after a $1.7 billion deal to take it public fell apart told a Texas federal court that Chapman and Cutler LLP helped the startup's CEO stab it in the back, saying in a Thursday complaint the firm breached its fiduciary duties.

  • March 13, 2025

    Founder Wants $14.7M In Logistics Developer SPAC Dispute

    The founder of a Latin America-based logistics property developer told a Florida federal court that he is owed at least $14.7 million as part of a 2024 special purpose acquisition company merger.

  • March 13, 2025

    ADM Can't Duck Suit Over Nutrition Biz Investigation

    An Illinois federal judge has refused to dismiss an investor suit claiming that the purported growth of Archer Daniels Midland's nutrition segment was based on improper accounting practices, saying the shareholders have made "robust" allegations that company executives made knowingly false statements about its profitability.

  • March 13, 2025

    9th Circ. Affirms Ex-Uber Exec's Conviction Over Data Breach

    The Ninth Circuit on Thursday affirmed a former Uber security executive's conviction for attempting to cover up a data breach from government investigators, rejecting his challenges to the jury instructions and strength of the evidence.

  • March 13, 2025

    Amid Del. Corporate Law Overhaul Push, Texas Turns Up Heat

    As Delaware lawmakers advance changes to the state's general corporation law — aimed in part at stopping companies from moving their corporate charters — they are facing increased pressure from their counterparts in Texas, where legislation appears to be on a fast dash in an attempt to convince more businesses to make it their legal home.

  • March 13, 2025

    J&J Unit Drops Noncompete Suit Against Ex-Marketing Exec

    Johnson & Johnson's vision unit has agreed to drop its claims against a former marketing director after reaching a settlement on allegations that she breached a noncompete agreement, according to a Thursday order in New Jersey federal court.

  • March 13, 2025

    Del.'s Divisive Corporate Law Rework Passes In State Senate

    Divisive amendments to Delaware's general corporation law cleared the state Senate Thursday with multiple questions but little debate and without dissenting votes, and will now be sent to the House amid warnings that failure to approve could weaken the state's standing as a top corporate charter hub.

Expert Analysis

  • Lessons Learned From SAS' Flight Through Chapter 11

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    Scandinavia's SAS is the first European airline to find its wings through the U.S. Chapter 11 process since COVID-19 rocked the aviation industry — and while the process involved some familiar steps, certain complex jurisdictional issues and non-U.S. stakeholders required the carrier to venture into uncharted airspace, says Emily Hong at Norton Rose.

  • A Close-Up Look At DOJ's Challenge To HPE-Juniper Deal

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    The outcome of the Justice Department's challenge to Hewlett Packard Enterprise's proposed $14 billion acquisition of Juniper Networks will likely hinge on several key issues, including market dynamics and shares, internal documents, and questions about innovation and customer harm, say attorneys at McDermott.

  • Why NY May Want To Reconsider Its LLC Transparency Law

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    Against the backdrop of the myriad challenges to the federal Corporate Transparency Act, it may be prudent for New York to reconsider its adoption of the LLC Transparency Act, since it's unclear whether the Empire State's "baby-CTA" statute is still necessary or was passed prematurely, say attorneys at Pillsbury.

  • 9 Considerations For Orgs Using AI Meeting Assistants

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    When deciding to use artificial intelligence meeting assistants, organizations must create and implement a written corporate policy that establishes the do's and don'ts for these assistants, taking into account individualized business operations, industry standards and legal and regulatory requirements, say attorneys at Faegre Drinker.

  • Expectations For SEC Exams As Private Credit Market Grows

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    The U.S. Securities and Exchange Commission may rely heavily on its Division of Examinations for regulating private credit markets amid their expansion into the retail investor space, so investment advisers should be prepared to address several likely areas of focus when confronted with an exam, say attorneys at Dechert.

  • AG Watch: Texas Is Entering New Privacy Enforcement Era

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    The state of Texas' recent suit against Allstate is the culmination of a long-standing commitment to vigorously enforcing privacy laws in the state, and while still in the early stages, it offers several important insights for companies and privacy practitioners, says Paul Singer at Kelley Drye.

  • 5 Merger Deal Considerations In Light Of The New HSR Rules

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    Now that the new Hart-Scott-Rodino Act rules are in effect, current priorities include earlier preparation for merging parties, certain confidentiality covenants, and key elements of letters of intent and term sheets, say attorneys at Fried Frank.

  • Considerations As Trump Admin Continues To Curtail CFPB

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    Recent sweeping moves from the Consumer Financial Protection Bureau's new leadership have signaled a major shift in the agency's trajectory, and regulated entities should prepare for broader implications in both the near and long term, say attorneys at Pryor Cashman.

  • 6th Circ. Ruling Paves Path Out Of Loper Bright 'Twilight Zone'

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    The U.S. Supreme Court’s Loper Bright ruling created a twilight zone between express statutory delegations that trigger agency deference and implicit ones that do not, but the Sixth Circuit’s recent ruling in Moctezuma-Reyes v. Garland crafted a two-part test for resolving cases within this gray area, say attorneys at Wiley.

  • Cos. Should Prepare For Mexican Payments Surveillance Tool

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    The recent designation of six Mexican cartels as "specially designated global terrorists" will allow the Treasury Department to scrutinize nearly any Mexico-related payment through its Terrorist Finance Tracking Program — a rigorous evaluation for which even sophisticated sanctions compliance programs are not prepared, says Jeremy Paner at Hughes Hubbard.

  • What FERC Scrutiny Of Directors, Assets Means For Investors

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    The Federal Energy Regulatory Commission has recently paid dramatically increased attention to appointments of power company directors by investors, and ownership of vertical assets that provide inputs for electric power production and sale — so investors in FERC-regulated entities should be paying more attention to these matters as well, say attorneys at Day Pitney.

  • What's Potentially In Store For CFTC Under New Leadership

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    Under the leadership of acting U.S. Commodity Futures Trading Commission Chairman Caroline Pham, and with the nomination of former commissioner Brian Quintenz to serve as permanent chair, the commission is set to widely embrace digital assets and event contracts, say attorneys at Davis Wright.

  • Revived Executive Order Is A Deregulatory Boon To Banks

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    A recently reinstated 2019 executive order reveals the Trump administration’s willingness to provide unprecedented protections for regulated parties — including financial institutions — but to claim them, banks and other entities must adopt a forward-leaning posture to work with the regulators, say attorneys at Davis Wright.

  • Recent Cases Clarify FCA Kickback Pleading Standards

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    Two recently resolved cases involving pharmaceutical manufacturers may make it more difficult for False Claims Act defendants facing kickback scheme allegations to get claims dismissed for lack of evidence, say Li Yu at Bernstein Litowitz, Ellen London at London & Noar, and Gregg Shapiro at Gregg Shapiro Law.

  • 3 Ways Civil Plaintiffs Could Fill An FCPA Enforcement Gap

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    While the Department of Justice recently announced it would deprioritize Foreign Corrupt Practices Act investigations into U.S. businesses without obvious ties to international crime, companies should stay alert to private plaintiffs, who could fill this enforcement void — and win significant civil damages — through several legal channels, says Eric Nitz at MoloLamken.

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