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Corporate
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August 08, 2024
Calif. Justices Side With Hartford Unit In Virus Coverage Fight
The California Supreme Court on Thursday reversed an appellate court's finding that a virus endorsement rendered a restaurant's policy illusory in a coverage dispute with a Hartford entity over pandemic-related losses, instead ruling that the endorsement clearly provides coverage "only if the virus results from certain specified causes of loss."
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August 08, 2024
Fla. Judge Won't Pause E-Scooter Co.'s Ch. 11 Plan
California plaintiffs with tort claims against Bird Global Inc. can't stop a Chapter 11 plan for the bankrupt e-bike and e-scooter rental company while they appeal its confirmation because of the plan's third-party releases, a Florida bankruptcy judge ruled Thursday.
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August 08, 2024
Instacart Shopper's Costco Injury Suit Sent To Arbitration
A Maryland federal judge has sent to arbitration a suit seeking to hold Costco liable for an Instacart shopper's slip-and-fall injuries, saying the warehouse club chain is a third-party retailer that falls under the arbitration clause in the grocery delivery company's independent contractor agreement.
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August 08, 2024
Tesla Shareholder Attys Seek Merger Of Twitter, Other Suits
Two Tesla stockholder attorney teams have asked Delaware's Court of Chancery to consolidate three derivative suits challenging billions of dollars' worth of stock moves by Elon Musk and other actions in connection with his Twitter purchase, his artificial intelligence venture and alleged insider trading.
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August 08, 2024
Delta's Boies Attys Slam CrowdStrike's 'Blame The Victim' Ploy
Delta Air Lines' attorneys at Boies Schiller Flexner LLP on Thursday blasted CrowdStrike's "blame the victim" defense over last month's catastrophic global IT outage, and pledged to haul both the cybersecurity firm and Microsoft to court to recoup what Delta estimates to be over $500 million in revenue losses.
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August 08, 2024
9th Circ. Won't Rethink OK'ing Ad Class Cert. Against Meta
The Ninth Circuit refused Thursday to rethink a split panel decision affirming certification of a damages class of potentially millions of advertisers who were allegedly deceived about Facebook's "potential reach" tool, rejecting Meta Platforms Inc.'s warnings of unchecked fraud class actions.
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August 08, 2024
Amazon Must Face Pandemic Price-Gouging Claims In Wash.
Washington's high court said on Thursday that Amazon can be sued under the state's Consumer Protection Act over alleged price-gouging early in the COVID-19 pandemic, but stopped short of agreeing with customers that the law bars specific markup percentages.
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August 08, 2024
Nat'l Business Groups Sound Off Against Colo. Climate Case
The U.S. Chamber of Commerce and National Association of Manufacturers are urging the Colorado Supreme Court to block the county and city of Boulder from pursuing state law claims aiming to hold Exxon Mobil Corp. and Suncor subsidiaries liable for climate change harms.
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August 08, 2024
BlackRock Asia COO To Become Global Compliance Head
BlackRock has tapped its chief operating officer for the Asia-Pacific region to become the firm's global head of compliance, with the investment giant's current head of global compliance planning to retire from the firm, according to an internal company memo.
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August 08, 2024
Apple Must Produce Docs In Epic Antitrust Fight By Sept. 30
A California federal judge overseeing discovery in Epic Games' antitrust compliance fight with Apple gave the iPhone-maker a Sept. 30 deadline to hand over documentation on its response to foreign antitrust regulations and other internal documents, rejecting Apple's suggested December deadline and calling the 92,000-document review large but "not huge."
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August 08, 2024
SEC Wins Jurisdiction Over German As Sanction For Default
A German national who the U.S. Securities and Exchange Commission says has ignored discovery requests in its attempt to recover proceeds from a $150 million international pump and dump scheme involving his son is subject to personal jurisdiction in the U.S., a Boston federal judge ordered as a sanction.
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August 08, 2024
Google Says Epic's Own Tech Experts Undermine Remedies
Google continued Wednesday to battle what it says would be a dramatic and costly overhaul of its Play Store if Epic Games is allowed to dictate the terms of an antitrust remedy, telling a California federal judge claims of a cheaper, easier solution are undermined by Epic's own experts.
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August 08, 2024
DOJ Investigating Formula 1 Over Andretti Denial
Formula One's owner Liberty Media Corp. disclosed Thursday that the U.S. Department of Justice is investigating antitrust concerns surrounding the denial of Andretti Formula Racing LLC's bid to join the F1's championship series, following a letter from lawmakers.
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August 08, 2024
VC, PE Firm Says Chinese Co. Cost $150M SpaceX Investment
A California-based venture capital and private equity firm has sued a Chinese company in California federal court, claiming Elon Musk's SpaceX rejected its planned $150 million investment after the Chinese company breached its promise to abide by strict confidentiality requirements and instead publicized its involvement in the planned investment.
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August 08, 2024
Apollo Stockholder Suit Held Until Del. Justices Hear Moelis
Both sides in a Delaware Court of Chancery challenge to an Apollo Global Management Inc. stockholder agreement adopted in 2022 have agreed to a litigation pause, citing the import of a possible Delaware Supreme Court appeal targeting a case that upended state corporate law on similar pacts.
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August 08, 2024
Insurer Utica Off Hook In High-End Leather Goods Dispute
Utica National Insurance Group is not obligated to defend or indemnify a maker of high-end leather goods against claims it fraudulently induced a former partner into a deal in order to steal his designs and then attempt to drive him out of business, a Massachusetts intermediate appellate court has concluded.
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August 08, 2024
Wash. HOA Says Allstate Must Cover $8M Water Damage
A Washington state condominium association accused Allstate of wrongfully denying coverage of an $8 million water damage claim it filed after discovering hidden damage to the exterior of its buildings.
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August 08, 2024
McElroy Deutsch Seeks To Ax Former CFO's Ch. 11 Case
McElroy Deutsch Mulvaney & Carpenter LLP urged a New Jersey bankruptcy court Thursday to throw out a Chapter 11 filing from its former chief financial officer, who has been sent to prison for stealing over $1 million from the firm, slamming it as a bad faith "tactical maneuver" to stall ongoing civil litigation.
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August 08, 2024
McCarter & English Withdraws Lien In Ex-Client's Fee Fight
McCarter & English LLP has withdrawn a $492,000 lien it asserted over any monies awarded to tool manufacturer Red Mud Enterprises LLC in a Delaware Chancery Court case in which it formerly represented the business.
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August 08, 2024
Block & Leviton, Bernstein Litowitz To Lead WWE-UFC Suit
Block & Leviton LLP and Bernstein Litowitz Berger & Grossmann LLP pinned down counsel leadership duties Thursday for a pending, high-profile Delaware Court of Chancery stockholder challenge to World Wrestling Entertainment Inc.'s $21.4 billion merger with Ultimate Fighting Championship.
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August 08, 2024
Former In-House Atty Says Mortgage Co. Was 'Oppressive'
A former staff attorney for mortgage company Newrez LLC alleges in a Texas state court lawsuit made public this week that she was terminated last year after witnessing a deputy general counsel engage in sexually inappropriate conduct with an intoxicated subordinate attorney at a work-related gathering.
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August 08, 2024
50 Cent Beats Liquor Consultant's 'Ridiculous' Wiretap Claim
A frustrated New York state judge on Thursday tossed a former Beam Suntory Inc. sales contractor's reworked wiretapping allegations against rapper Curtis "50 Cent" Jackson in a $3 million embezzlement dispute, calling the claims "ridiculous" and an "obvious" delay tactic.
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August 08, 2024
LegalZoom Seeks Arbitration Of Unauthorized Practice Claims
LegalZoom has asked a New Jersey federal court to force arbitration of proposed class claims that the company engaged in the unauthorized practice of law, arguing the named plaintiff entered into a binding arbitration agreement by clicking "agree and pay now" when he purchased services from the online platform.
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August 08, 2024
House Panel Says DOL Stonewalling On Contractor Probe Info
A U.S. House of Representatives Committee on Thursday criticized the U.S. Department of Labor's stance on independent contractor misclassification, saying the agency hasn't provided enough information on its worker classification investigations.
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August 08, 2024
Jenner & Block Atty Takes Leave To Join Harris Campaign
Josh Hsu of Jenner & Block, who has worked with Vice President Kamala Harris in various capacities over the years, has joined her presidential campaign as a senior counsel and liaison to the vice president's team, the campaign told Law360.
Expert Analysis
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Advisers Can Avoid Gaps In SEC Marketing Rule Compliance
A recent risk alert from the U.S. Securities and Exchange Commission and the enforcement history of the marketing rule indicate that advisers have encountered persistent difficulties in achieving compliance — but there are steps advisers can take to mitigate risks of violations, say Scott Moss and Jimmy Kang at Lowenstein Sandler.
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Class Actions At The Circuit Courts: June Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers two recent decisions from the Third and Tenth Circuits, and identifies practice tips around class action settlements and standing in securities litigation.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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Del. Bankruptcy Ruling Will Give D&O Insureds Nightmares
In Henrich v. XL Specialty Insurance, the Delaware Bankruptcy Court recently found that a never-served qui tam claim had been "brought" before a D&O policy's retroactive date, thereby eliminating coverage, and creating a nightmare scenario for directors and officers policyholders facing whistleblower claims, says David Klein at Pillsbury.
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Opinion
No Matter The Purdue Ruling, Mass Tort Reform Is Needed
The U.S. Supreme Court will soon issue its opinion in the bankruptcy of Purdue Pharma LP, and regardless of the outcome, it’s clear legal and policy reforms are needed to address the next mass tort, says William Organek at Baruch College.
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Top 5 Issues For Employers To Audit Midyear
Six months into 2024, developments from federal courts and regulatory agencies should prompt employers to reflect on their progress regarding artificial intelligence, noncompetes, diversity initiatives, religious accommodation and more, say Allegra Lawrence-Hardy and Lisa Haldar at Lawrence & Bundy.
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6 Tips For Maximizing After-Tax Returns In Private M&A Deals
With potential tax legislation likely to spur a surge in private business sales, sellers can make the most of after-tax proceeds with strategies that include price allocation and qualified investment options, say Isaac Grossman and Daniel Studin at Morrison Cohen.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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Practical Private Equity Lessons From 2 Delaware Deals
A pair of Delaware Chancery Court cases remind private equity sponsors that specificity is crucial through the lens of deal certainty, particularly around closing conditions and agreement sections of acquisition agreements, say Robert Rizzo and Larissa Lucas at Weil Gotshal and William Lafferty at Morris Nichols.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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How Uyghur Forced Labor Law Affects Importing Companies
Amid a growing focus on forced labor in supply chains and a likely increase in enforcement under the Uyghur Forced Labor Prevention Act, companies may face costly import delays unless they develop and implement compliance best practices, say Thad McBride and Lauren Gammer at Bass Berry.
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What Companies Should Consider Amid Multistate AG Actions
The rise of multistate attorney general actions is characterized by increased collaboration and heightened scrutiny across various industries — including Big Tech and gaming — and though coalitions present challenges for targeted companies, they also offer opportunities for streamlined resolutions and coordinated public relations efforts, say attorneys at Cozen O'Connor.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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Careful Data Governance Is A Must Amid Enforcement Focus
Federal and state regulators' heightened focus on privacy enforcement, including the Federal Trade Commission's recent guidance on consumer protection in the car industry, highlight the importance of proactive risk management, compliance and data governance, say Jason Priebe and Danny Riley at Seyfarth.