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Corporate
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March 07, 2025
9th Circ. Critical Of Nordstrom Nixing $6.7M Order
A Ninth Circuit judge doubted Nordstrom Inc.'s stance on Friday in a suit accusing it of using labor concerns as a false pretense to pull a $6.7 million menswear order, calling the department store chain's alleged oversupply of dress shirts at the time of the cancelation "the elephant in the room."
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March 07, 2025
Occidental Prevails In Ex-Anadarko Worker's Severance Fight
A Texas federal judge granted an early win Friday to Anadarko Petroleum's severance plan and benefits committee in an ex-executive's suit alleging he was owed severance after an acquisition by Occidental Petroleum in 2019, finding the petroleum giant's decision to deny benefits wasn't an abuse of discretion.
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March 07, 2025
Goodyear Must Include Microplastic Proposal In Proxy
The U.S. Securities and Exchange Commission has rejected Goodyear Tire & Rubber Co.'s bid to exclude from its annual proxy statement a shareholder proposal calling for goals and timelines related to reducing tire wear shedding and subsequent microplastic pollution.
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March 07, 2025
MGM Scraps Suit After FTC Withdraws Cybersecurity Probe
MGM Resorts International on Friday dismissed its D.C. federal court lawsuit against the Federal Trade Commission after the agency dropped its investigation into the hospitality giant's data security practices.
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March 07, 2025
Robinhood To Pay $30M To Settle FINRA Supervisory Claims
Two Robinhood units on Friday agreed to pay $29.75 million to settle a sprawling series of supervisory and disclosure failures in a case brought by the Financial Industry Regulatory Authority, including that they failed to establish proper protocols to curb money laundering and give customers accurate disclosures about a particular equities strategy.
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March 07, 2025
No Ch. 11 Plan Stay For Ex-Eletson Owners
A New York bankruptcy judge has declined to pause Greek shipping group Eletson Holdings' Chapter 11 plan while its former owners appeal the plan's confirmation, handing the company's current management a win as they seek to compel the ex-leadership to enforce the plan.
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March 07, 2025
9th Circ. Probes Ax Of Trader Joe's IP Suit Against Union
Ninth Circuit judges on Friday questioned a federal judge's decision to toss Trader Joe's trademark suit against a union selling merchandise with the grocers' name, with one saying it was "a little bit unusual" to have a determination about the likelihood of confusion decided at the motion to dismiss stage.
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March 07, 2025
Boeing Investors Certified As Class In 737 Blowout Suit
A Virginia federal judge on Friday certified a class of Boeing investors in a securities fraud suit accusing the aviation giant of making false statements about the safety of its 737 Max fleet.
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March 07, 2025
Tariffs, Diversity And DOGE Dominate Trump 2.0 'Risk Factors'
Public companies are busily reworking risk disclosures since the arrival of President Donald Trump's second administration, seeking to walk a fine line of being upfront with investors about potential threats to business despite vast legal and policy uncertainties.
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March 07, 2025
Husband Of Ex-Takeda VP Gets 2½ Years For Invoice Scam
The husband of a former Takeda Pharmaceuticals vice president was sentenced in Massachusetts federal court Friday to two and a half years in prison for his role in a scheme to dupe the drug giant out of $2.3 million through bogus invoices.
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March 07, 2025
Bed Bath & Beyond Investors Can't Move Judge On Class Cert.
Bed Bath & Beyond shares did not trade on an efficient market during the class period, a Washington, D.C., federal judge confirmed again, refusing to reconsider his class certification denial in a suit from the now-bankrupt retailer's investors who alleged they were misled by company executives and a billionaire investor.
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March 07, 2025
Dem AGs Back NLRB In Appeal Over Board Functionality
Nearly two dozen Democratic attorneys general have backed the National Labor Relations Board in a Sixth Circuit fight over the agency's ability to adjudicate unfair labor practice cases, saying workers' rights under labor law would be trampled if the agency is restrained from performing its duties.
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March 07, 2025
Tulane Panel Clashes Over Activist Investor Motivations
There's no debate that activist investor campaigns have increasingly taken aim at CEOs, but attorneys on a Friday panel at the annual Tulane Corporate Law Institute were sometimes at odds on the activists' motivations.
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March 07, 2025
How To Tell If A Litigation Funder Is Helping Your IP Opponent
Knowing when a litigation funder is involved in an intellectual property case can help attorneys better understand their adversary's footing in a dispute, and while most courts don't have disclosure requirements, lawyers told Law360 there are several signs attorneys can look out for to determine whether their opponent is receiving funding from an outside party.
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March 07, 2025
GC Cheat Sheet: The Hottest Corporate News Of The Week
ESPN made news in the past week with a five-year, $100 million contract for talking head Stephen A. Smith, but so did Netflix, where chief legal officer David Hyman pulled in more than $100 million worth of stock sales in just seven days. Meanwhile, Honeywell revealed that its general counsel is busy figuring out how to create new subsidiaries where the company hopes to stash its asbestos and environmental liabilities.
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March 07, 2025
Atty Fights $190K Demand After Malicious Litigation Trial Loss
A lawyer who recently lost her malicious prosecution lawsuit against three Blank Rome attorneys and an aviation parts company is fighting their demand that she pay $190,000 in costs stemming from the litigation, arguing the amount is excessive and otherwise unrecoverable.
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March 07, 2025
Off The Bench: NASCAR Feud Grows, ACC Peace, NCAA Wins
In this week's Off The Bench, NASCAR insists that the two teams suing it are the real antitrust bullies, the ACC keeps two valued and valuable members in the fold, and a baseball player ends his court fight to play another year in college.
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March 07, 2025
Dropbox CLO Exiting After 13 Years, New Legal Chief Named
The chief legal officer of Dropbox Inc. is resigning after 13 years with the company, and will be replaced by the current vice president of product counseling and privacy, according to a filing Friday with the Securities and Exchange Commission.
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March 07, 2025
Taxation With Representation: Kirkland, Wachtell, Skadden
In this week's Taxation With Representation, Walgreens Boots Alliance goes private via a deal with Sycamore Partners, Honeywell buys Sundyne from Warburg Pincus, and Jazz Pharmaceuticals acquires Chimerix.
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March 07, 2025
Former FTC Deputy Director Joins White & Case
A former senior official in the Federal Trade Commission's competition group, who helped oversee the agency's healthcare-related anticompetitive enforcement, has joined the antitrust team at White & Case LLP, the firm recently announced.
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March 06, 2025
Frank Wanted Artificial Data To Ensure $175M Deal, Jury Told
A JPMorgan Chase & Co. engineering executive on Thursday told a Manhattan federal jury that Frank founder Charlie Javice and her deputy asked him to produce artificial data for millions of purported users of the education company's services, in order to induce the bank into buying the startup for $175 million.
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March 06, 2025
Apria Healthcare To Pay $6.4M To End Data Breach Litigation
Apria Healthcare LLC has agreed to pay $6.375 million to resolve a proposed class action over a pair of data breaches that affected more than 1.8 million individuals' personal data, according to documents filed in Indiana federal court, on the heels of the medical equipment provider reaching a separate deal with the state's attorney general over the incident.
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March 06, 2025
MyPillow CEO Found In Contempt For Failing To Give Up Docs
MyPillow CEO Mike Lindell was found in contempt of court by a Minnesota federal judge on Thursday for failing to produce documents in voting machine company Smartmatic's defamation suit claiming that he lied about its operations during the 2020 presidential election.
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March 06, 2025
Del. Chancery Fast-Tracks Review Of $8B Paramount Merger
Delaware's chancellor on Thursday rejected Paramount shareholders' bid for a temporary restraining order that sought to block its proposed $8.2 billion sale to Skydance Media, but she agreed to expedite the proceeding at a "break-neck pace" over breach of fiduciary duty claims involving Paramount's response to an alternative $13.5 billion offer.
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March 06, 2025
Gerber Inks Settlement In Baby Formula False Ad Suit
Gerber Products Co. has reached a deal that could end a long-running class action accusing it of falsely claiming its baby formula could reduce the risk of children developing allergies, with terms that promise parents a partial refund and class counsel as much as $11.25 million in attorney fees.
Expert Analysis
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CFPB's Message To States Takes On New Weight Under Trump
The Consumer Financial Protection Bureau's January guidance to state enforcers has fresh significance as the Trump administration moves to freeze the bureau's work, and industry should expect states to use this series of recommendations as an enforcement road map, say attorneys at Brownstein Hyatt.
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What Companies Should Consider During FCPA Pause
While waiting for updated guidance on Foreign Corrupt Practices Act criminal investigations after a Feb. 10 executive order froze FCPA enforcement, companies should consider the implications of several possible policy shifts, rather than relaxing internal oversight of questionable business practices, say attorneys at Simpson Thacher.
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Takeaways From CFTC's Private Fund Rule Amendments
The U.S. Commodity Futures Trading Commission's recently adopted amendments to Rule 4.7 of the Commodity Exchange Act ensure that investors in the complex derivatives markets receive relevant and comprehensive information, and further align suitability criteria for investors in private funds, says Rita Molesworth at Willkie.
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National Bank Act Rulings Facilitate More Preemption Analysis
Two recent National Bank Act preemption decisions from an Illinois federal court and the Ninth Circuit provide the first applications of the U.S. Supreme Court’s May ruling in Cantero v. Bank of America, opening the potential for several circuit courts to address the issue this year, say attorneys at Moore & Van Allen.
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Series
Collecting Rare Books Makes Me A Better Lawyer
My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.
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Preparing For Stricter Anti-Boycott Enforcement Under Trump
Given the complexity of U.S. anti-boycott regulations and the likelihood of stepped-up enforcement under the new administration, companies should consider adopting risk-based anti-boycott compliance programs that include training employees to recognize and assess potential boycott requests, and to report them expeditiously when necessary, say attorneys at Debevoise.
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Opinion
New DOJ Leaders Should Curb Ill-Conceived Prosecutions
First-of-their-kind cases have seemingly led to a string of overly aggressive prosecutions in recent years, so newly sworn-in leaders of the U.S. Department of Justice should consider creating reporting channels to stop unwise prosecutions before they snowball, says Jonathan Porter at Husch Blackwell.
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Rethinking How To Engage Shareholders, Activists Via Proxies
This proxy season, companies should consider visually driven proxy statements that highlight the board's strengths, the alignment between executive compensation and performance, and a commitment to sustainability and risk management to earn the support of investors and fend off hostile acquirers, say Craig Clay and Ron Schneider at DFIN.
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Tips For Pharma-Biotech Overlap Reporting In New HSR Form
While there’s no secret recipe for reporting overlaps to the Federal Trade Commission in the new Hart-Scott-Rodino Act form, there are several layers of considerations for all pharma-biotech companies and counsel to reflect on internally before reporting on any deal, say attorneys at A&O Shearman.
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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What Day 1 Bondi Memos Mean For Corporate Compliance
After Attorney General Pam Bondi’s flurry of memos last week declaring new enforcement priorities on issues ranging from foreign bribery to diversity initiatives, companies must base their compliance programs on an understanding of their own core values and principles, says Hui Chen at CDE Advisors.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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Steel Cases Test Executive Authority, Judicial Scope
Lawsuits challenging former President Joe Biden’s order blocking the merger of Japan's Nippon Steel and U.S. Steel may shape how future administrations wield presidential authority over foreign investment in the name of national security, says Hdeel Abdelhady at MassPoint Legal.
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5 Things For Private Employers To Do After Trump's DEI Order
Following President Donald Trump's recent executive order pushing the private sector to narrow, and even end, diversity, equity and inclusion initiatives, employers should ensure DEI efforts align with their organization's mission and goals, are legally compliant, and are effectively communicated to stakeholders, say attorneys at Mintz.
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3 Ways Trump Can Nix SEC's Climate Disclosure Rules
Given President Donald Trump's campaign statements and agency appointments, it's likely that his administration will try to annul the U.S. Securities and Exchange Commission's climate disclosure rules, but his options for doing so present unique opportunities and challenges, with varying levels of permanence and impact, say attorneys at DLA Piper.