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October 07, 2024
Feds Face Biggest Test Yet In Madigan Probe: Mike Madigan
The man who was once Illinois' most influential politician heads to Chicago federal court this week to stand trial on charges that he led a criminal enterprise for nearly a decade, amassing power and benefits for himself, his law firm and his allies. The stakes for prosecutors are higher than ever as they face the elected official at the center of their Illinois corruption probe.
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October 07, 2024
Apple Doesn't Infringe Digital Identity Patents, Jury Finds
A federal jury in Austin, Texas, has rejected a $361 million patent case from a longtime ExxonMobil employee who had targeted in-house cybersecurity hardware used in Apple iPhones.
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October 07, 2024
Henderson Franklin Adds Tax Pro To Florida Offices
A tax attorney who formerly practiced at Stradling Yocca Carlson & Rauth PC has joined Henderson Franklin Starnes & Holt PA's business and tax planning department and will work from the firm's Florida offices in Fort Myers and Naples.
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October 07, 2024
Ex-CEO Of Tribal Telecom Co. Indicted For $500K Fund Theft
A former executive with a telecommunications company owned by the Yurok Tribe has been indicted by a San Francisco federal grand jury on charges she embezzled more than $500,000 from the tribe.
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October 07, 2024
Manafort Associate's Bribery Case Won't Get Top Court Look
The U.S. Supreme Court on Monday declined to take up the case of a former bank CEO who had argued the Second Circuit's decision to uphold his conviction for bribing former Donald Trump staffer Paul Manafort wrongly criminalized even the smallest of benefits a bank executive receives from a customer.
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October 07, 2024
State Courts Splitting Over Future Of Climate Change Suits
Recent decisions on whether climate change suits brought by state and local governments against fossil fuel companies can go forward are exposing splits between state courts over whether they can impose liability for pollution that originates beyond their borders, legal experts say.
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October 07, 2024
Kirkland Lands Antitrust Pro From FTC
Kirkland & Ellis LLP announced Monday that it has hired a former senior Federal Trade Commission attorney to bolster its antitrust and competition practice group.
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October 07, 2024
Epic Judge Orders Google To Let Rivals Set Up App Stores
A California federal judge on Monday ordered Google to offer third-party options for downloading apps on Android phones, banned it from offering companies financial incentives to discourage competition with Google Play and blocked it from signing developer deals to have an app launch first or exclusively in its app store.
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October 07, 2024
Akerman Adds In-House Atty From WR Berkley
An assistant vice president and counsel to W.R. Berkley Corp., a commercial lines property and casualty insurance holding company, left his in-house role to become a partner with Akerman LLP in New York, the firm announced Monday.
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October 07, 2024
Apple, Amazon Urge Sanctions For Absent Antitrust Plaintiff
A no-show named plaintiff should be sanctioned for ignoring discovery obligations in a putative antitrust class action over Apple and Amazon's third-party vendor restrictions for iPhone and iPad sales, the two tech giants have told a Washington federal judge.
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October 07, 2024
Cravath Guides Vista In $3.4B Sporting Goods, Ammo Deal
Cravath Swaine & Moore LLP guided Vista Outdoor Inc. on its nearly $3.4 billion deal to sell off its business, in a two-part deal that includes an amended agreement to sell its ammunition business to Czechoslovak Group, or CSG, for more than $2.2 billion.
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October 07, 2024
Justices Won't Review FedEx's KO Of $366M Race Bias Verdict
The U.S. Supreme Court refused Monday to review the Fifth Circuit's dramatic cut to a Black former FedEx employee's $366 million jury verdict, despite her argument that the appeals court incorrectly truncated the window for filing her race discrimination and retaliation claims.
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October 07, 2024
Justices Won't Weigh Uber, Lyft Arbitration Fights
The U.S. Supreme Court declined on Monday to consider whether California must arbitrate with Uber and Lyft over the state's claims that the companies misclassified drivers as independent contractors instead of employees.
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October 07, 2024
Justices Won't Hear Shkreli's Bid To Undo $64M Disgorgement
The U.S. Supreme Court refused Monday to review former pharmaceutical executive Martin Shkreli's challenge of a disgorgement order requiring him to pay up to $64 million for an alleged scheme to increase the price of a life-saving drug by 4,000%.
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October 04, 2024
Top 5 Supreme Court Cases To Watch This Fall
The U.S. Supreme Court will hear several cases in its October 2024 term that could further refine the new administrative law landscape, establish constitutional rights to gender-affirming care for transgender minors and affect how the federal government regulates water, air and weapons. Here, Law360 looks at five of the most important cases on the Supreme Court's docket so far.
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October 04, 2024
Mondelez, BCLP Ink $750K Deal To End Data Breach Suits
Mondelez Global LLC workers on Friday asked an Illinois federal judge to greenlight a $750,000 settlement that would resolve proposed data privacy class actions against their employer and Bryan Cave Leighton Paisner LLP stemming from a 2023 data breach.
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October 04, 2024
Pa. Noncompete Ban Challenger Drops Case After Stay Denied
A Pennsylvania tree service company Friday relinquished its lawsuit challenging the Federal Trade Commission's recent ban on noncompete agreements after a federal judge in the Keystone State denied the company's bid to pause its case despite another judge blocking the ban.
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October 04, 2024
Milbank LLP Lands Departing SEC Enforcement Chief Grewal
Departing U.S. Securities and Exchange Commission enforcement director Gurbir Grewal will land at Milbank LLP in New York after he leaves the agency later this month, joining the law firm's litigation and arbitration group, according to a person familiar with the matter.
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October 04, 2024
What's Up In Oral Arguments In High Court Pet Food Case
The U.S. Supreme Court on Monday will hear arguments in a case involving allegations that Royal Canin USA Inc. and Nestlé Purina PetCare Co. falsely represented their products as prescriptions belongs in state or federal court. Here, Law360 takes a look at what's at stake in this case.
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October 04, 2024
Jury Finds Cognizant Biased Against Non-Indian Workers
A California federal jury found Friday that Cognizant Technologies engaged in a "pattern or practice" of intentional discrimination against a class of non-South Asian and non-Indian employees who were terminated, setting the stage for a second phase that will determine damages against the IT giant.
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October 04, 2024
Evolve Bank Faces MDL Over Breach Of 7.6M Customers' Data
Nearly two dozen proposed class actions accusing Evolve Bank & Trust of failing to adequately protect the personal information of 7.6 million customers from a cyberattack by a Russia-linked cybercrime gang will be centralized in Tennessee, the Judicial Panel on Multidistrict Litigation has ruled, expressing their confidence in the judge selected to preside over the MDL.
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October 04, 2024
Employment Authority: Calif. Law Equal Protection Issues
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on how a petition in the U.S. Supreme Court arguing that California's worker classification law violates equal protection principles could have a domino effect beyond wage and hour issues, a look at the slew of U.S. Equal Employment Opportunity Commission's harassment suits and what are the chances that the National Labor Relations Board could change some of its policies.
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October 04, 2024
Stellantis' Fiat Chrysler Sues UAW Over Strike Threats
Fiat Chrysler has sued the United Auto Workers in California federal court alleging the union has violated the current collective bargaining agreement by threatening to strike over what the union perceives as the company's delays in investing in and reopening certain manufacturing facilities.
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October 04, 2024
G7 Antitrust Chiefs Vow To Scope Collusion In AI Tech Sector
U.S. and international antitrust regulators said Friday they intend to scrutinize any anticompetitive practice in the market for artificial intelligence technologies or any use of the emerging tech to circumvent competition.
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October 04, 2024
Real Estate Recap: Climate Risk, Cooling Mandates, Reuse
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including how climate risk is changing investor behavior, what the hottest summer on record has done for landlord cooling mandates, and why one BigLaw attorney thinks a new bipartisan adaptive reuse bill in Congress could be a boon for rural housing.
Expert Analysis
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Boeing Plea Deal Is A Mixed Bag, Providing Lessons For Cos.
The plea deal for conspiracy to defraud regulators that Boeing has tentatively agreed to will, on the one hand, probably help the company avoid further reputational damage, but also demonstrates to companies that deferred prosecution agreements have real teeth, and that noncompliance with DPA terms can be costly, says Edmund Vickers at Red Lion Chambers.
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American Airlines ESG Ruling Could Alter ERISA Landscape
The Spence v. American Airlines ESG trial, speeding toward a conclusion in a Texas federal court, could foretell a dramatic expansion in ERISA liability, with plan sponsors vulnerable to claims that they didn't foresee short-term dips in stock prices, say attorneys at Mayer Brown.
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How In-House IP Counsel Can Deal With AI's Rise
Generative artificial intelligence is poised to revolutionize intellectual property law, especially for smaller and midsize enterprises, meaning IP in-house counsel need to prioritize AI implementation to navigate the coming changes, says Friedrich Laub at Diasorin.
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SVB Ch. 11 Shows Importance Of Filing Proof Of Claim Early
After a New York bankruptcy court’s recent ruling in SVB’s Chapter 11 case denied late claims filing requests related to post-bar date events, parties with potential claims against a debtor may need to seriously consider filing protective proofs of claim, says Kyle Arendsen at Squire Patton.
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Justices' Starbucks Ruling May Limit NLRB Injunction Wins
The U.S. Supreme Court’s recent decision in Starbucks v. McKinney, adopting a more stringent test for National Labor Relations Board Section 10(j) injunctions, may lessen the frequency with which employers must defend against injunctions alongside parallel unfair labor practice charges, say David Pryzbylski and Colleen Schade at Barnes & Thornburg.
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Del. Dispatch: 27.6% Stockholder Not A Controller
The Delaware Court of Chancery's recent decision in Sciannella v. AstraZeneca — which found that the pharma giant, a 26.7% stockholder of Viela Bio Inc., was not a controller of Viela, despite having management control — shows that overall context matters when challenging transactions on breach of fiduciary duty grounds, say attorneys at Fried Frank.
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Takeaways From EU's Initial Findings On Apple's App Store
A deep dive into the European Commission's recent preliminary findings that Apple's App Store rules are in breach of the Digital Markets Act reveal that enforcement of the EU's Big Tech law might go beyond the literal text of the regulation and more toward the spirit of compliance, say William Dolan and Pratik Agarwal at Rule Garza.
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25 Years Of OECD's Anti-Bribery Convention
Marking its 25th anniversary this year, the Organization for Economic Cooperation and Development's anti-bribery convention has advanced legislative reforms and reshaped corporate conduct in dozens of countries amid the persistent challenges of uneven enforcement and political pressure, say attorneys at Debevoise.
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Cyber Incident Response Checklist For SEC Compliance
In light of recent guidance from the U.S. Securities and Exchange Commission, which clarified the distinction between two types of cybersecurity incident disclosures, companies should align their materiality assessment, incident response and disclosure control processes to bolster compliance and provide a measure of protection, say attorneys at Troutman Pepper.
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Series
After Chevron: Bid Protest Litigation Will Hold Steady For Now
Though the substantive holding of Loper Bright is unlikely to affect bid protests because questions of statutory interpretation are rare, the spirit of the U.S. Supreme Court's decision may signal a general trend away from agency deference even on the complex technical issues that often arise, say Kayleigh Scalzo and Andrew Guy at Covington.
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Dueling Calif. Rulings Offer Insight On 401(k) Forfeiture Suits
Two recent decisions from California federal courts regarding novel Employee Retirement Income Security Act claims around 401(k) forfeitures provide early tea leaves for companies that may face similar litigation, offering reasons for both optimism and concern over the future direction of the law, say Ashley Johnson and Jennafer Tryck at Gibson Dunn.
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1 Year At The UPC: Implications For Transatlantic Disputes
In its first year, the Unified Patent Court has issued important decisions on procedures like provisional measures, but complexities remain when it comes to coordinating proceedings across jurisdictions like the U.S. due to differences in timelines and discovery practices, say attorneys at McDermott.
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Opinion
H-2 Visas Offer Humane, Economic Solution To Border Crisis
Congress should leverage the H-2 agricultural and temporary worker visa programs to match qualified migrants with employers facing shortages of workers — a nonpolitical solution to a highly divisive humanitarian issue, say Ashley Dees and Jeffrey Joseph at BAL.
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PAGA Reforms Encourage Proactive Employer Compliance
Recently enacted reforms to California's Private Attorneys General Act should make litigation under the law less burdensome for employers, presenting a valuable opportunity to streamline compliance and reduce litigation risks by proactively addressing many of the issues that have historically attracted PAGA claims, say attorneys at Mintz.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.