Corporate

  • September 17, 2024

    Express Scripts Blasts 'Biased' FTC Drug Middlemen Report

    The Federal Trade Commission defamed Express Scripts and violated its constitutional rights with an inaccurate report that ripped the role pharmacy benefit managers play as middlemen between drugmakers and insurers, according to a lawsuit lodged Tuesday in Missouri federal court.

  • September 17, 2024

    In-House Atty Brings Bias Suit Over Firing After Miscarriage

    A former in-house attorney at chemicals company Arxada has launched a discrimination lawsuit in New Jersey state court accusing the business of unlawfully terminating her in the days after she showed interest in going on leave to recover from a miscarriage.

  • September 17, 2024

    Former PNC Bank Atty Joins McNees Wallace In Pittsburgh

    A former chief counsel with PNC Bank is leaving the world of in-house for McNees Wallace & Nurick, where she will help boost the firm's work in fiduciary litigation and disputes involving trusts and estates.

  • September 17, 2024

    Ex-Skadden Atty Joins Board Of Oil Property Co. LandBridge

    Oil property acquirer LandBridge Co. has added a former Skadden Arps Slate Meagher & Flom LLP partner to its board, where the company hopes to benefit from her capital markets and corporate governance expertise.

  • September 17, 2024

    8th Circ. Won't Revive Fired Lockheed Atty's Race Bias Suit

    The Eighth Circuit refused on Tuesday to reinstate a race discrimination and retaliation case brought by a former Lockheed Martin in-house attorney whose suit was tossed after a trial court concluded she had lied about her income, rejecting her push to deflect blame onto her lawyers.

  • September 17, 2024

    PSEG's GC To Retire As Utility Co. Lines Up Her Successor

    The top attorney for Public Service Enterprise Group is retiring next year after more than three decades with the utility provider, the company announced Tuesday.

  • September 17, 2024

    First Financial Finds New GC In MidFirst Bank Deputy

    The Texas bank operating as First Financial has tapped a new legal leader from Oklahoma's MidFirst Bank.

  • September 16, 2024

    Ex-MoviePass CEO Admits $9.95 Plan Too Good To Be True

    Former MoviePass CEO J. Mitchell Lowe pleaded guilty in Florida federal court on Monday to conspiracy to commit securities fraud, admitting that he and another executive hyped the illusion that their $9.95-a-month unlimited movie watching plan would be profitable while knowing it was merely a gimmick to defraud investors.

  • September 16, 2024

    CEO's AI Fraud Detection Tool Contract Was Fraud, Feds Say

    A former technology company CEO has pled guilty to a charge that he cooked his company's books and raised tens of millions of dollars from investors off phony claims that an artificial intelligence program his firm developed was being used to spot digital ad fraud, the Manhattan U.S. Attorney's Office said Monday.

  • September 16, 2024

    TIAA Faces Class Claims Over 2023 Cyberattack

    The Teachers Insurance Annuity Association of America and its life insurance subsidiary were sued in New York federal court by a proposed class alleging the company failed to protect the personal data of current and former clients and allowed a 2023 data breach.

  • September 16, 2024

    Icahn Enterprises Beats Investor Suit Over Dividend Program

    Icahn Enterprises has beaten a proposed investor class action accusing it of propping up its stock price with unsustainably high dividends in order to support founder Carl Icahn's loans and financial interests, with a Florida federal judge saying the plaintiffs hadn't shown any misstatements the company made about the "true motivation" for its dividend program.

  • September 16, 2024

    Ithaca Starbucks Closings Violated Law, NLRB Judge Says

    Starbucks violated federal labor law by closing two stores in Ithaca, New York last year in retaliation for workers' union activity, a National Labor Relations Board judge found, rejecting the coffee giant's arguments that the closures were due to staff turnover and recommending that the company be ordered to reopen the locations.

  • September 16, 2024

    Judges Examine Who Has Free Speech Rights In TikTok Case

    A D.C. Circuit panel on Monday pressed lawyers for the federal government as well as TikTok and its users to parse whether full First Amendment protections apply to the social media platform's foreign owners as well as to its users despite congressional worries that the platform is vulnerable to interference by a potential overseas adversary.

  • September 16, 2024

    Why A Tactic In The Youth Climate Change Battle Is Risky

    Young people suing the federal government for sweeping changes to climate policy are trying a new tactic, filing a mandamus petition in the U.S. Supreme Court in an effort to get their case to trial. But some lawyers are worried the tactic may backfire, limiting the opportunity for others to use the courts to wage climate battles, experts told Law360. 

  • September 16, 2024

    Apple Ruling May Embolden EU's Tax Policing, Experts Say

    The European Court of Justice's ruling against Apple and Ireland last week runs contrary to its logic in a 2022 state aid ruling, potentially giving the European Commission a reason to think it can decide tax norms across Europe, tax experts said.

  • September 16, 2024

    Parent Drops Suit Alleging Video Game Addiction

    An Arkansas parent has dropped their lawsuit alleging popular entertainment company make addictive video games like Fortnite and Call of Duty that they said had drastic negative implications on their 14-year-old child's life.

  • September 16, 2024

    Chevron Deference Invalid In Travel-Time Pay Case, DOL Says

    The U.S. Department of Labor said the overturning of Chevron deference has no bearing on its case against a home care company for stiffing workers of travel-time pay, arguing that the regulations at issue don't invoke such an analysis, according to a letter filed by the department.

  • September 16, 2024

    Michael Best Absorbs 6-Atty Great Plains Startup Boutique

    Michael Best & Friedrich LLP announced Monday it had expanded into the Great Plains region of the U.S. as it combines with a six-attorney Nebraska-based boutique helmed by a former Wilson Sonsini Goodrich & Rosati PC attorney.

  • September 16, 2024

    Banking Pro Returns To Sullivan & Cromwell

    A former deputy general counsel at the Federal Reserve Board has rejoined Sullivan & Cromwell LLP's financial services group as a partner in New York, the firm said Monday.

  • September 16, 2024

    Milbank Taps SEC Chief Litigation Counsel As DC Partner

    Milbank LLP said Monday it has hired the U.S. Securities and Exchange Commission's chief litigation counsel as a new partner in Washington, D.C.

  • September 16, 2024

    Amazon In-House Atty, FTC Vet Joins Weil In DC

    The latest addition to Weil Gotshal & Manges LLP's antitrust practice group is a former senior corporate counsel with Amazon with nearly a decade of experience at the U.S. Federal Trade Commission.

  • September 16, 2024

    Wendy's Taps Former Kellogg Legal Leader As New CLO

    A former high-ranking legal executive with Kellogg Co. is joining The Wendy's Co. as its new top attorney, the fast food giant announced Monday.

  • September 16, 2024

    Big Ten Lands Polsinelli Litigator As New Assistant GC

    The Big Ten Conference has tapped a Polsinelli PC litigator with a background in college athletics cases as its new assistant general counsel.

  • September 16, 2024

    Boeing To Pay Embraer $150M To End Failed JV Arbitration

    The Boeing Co. will pay Brazilian aircraft manufacturer Embraer SA $150 million to resolve arbitration proceedings related to joint venture agreements the two entered into in 2019 that never materialized, Embraer revealed Monday.

  • September 16, 2024

    DraftKings, FanDuel Sued Over Use Of MLB Player Images

    Sports betting giants including DraftKings and FanDuel have been using photographs of MLB players to promote sports betting offerings despite knowing they do not have such rights, a division of the Major League Baseball Players Association alleged in separate lawsuits filed Monday in Pennsylvania and New York.

Expert Analysis

  • Think Like A Lawyer: Dance The Legal Standard Two-Step

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    From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.

  • Alice Step 2 Trends Show Courts' Extrinsic Evidence Reliance

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    A look at recent trends in how district courts are applying Step 2 of the Alice framework shows that courts have increasingly relied on extrinsic evidence to help determine whether a claimed invention is "well-understood, routine, and conventional," says Jonathan Tuminaro at Sterne Kessler.

  • Examining Chancery's Relaxed New Confidential Filing Rules

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    The Delaware Court of Chancery’s overhauled Rule 5.1, which governs confidential filings, risks permitting nonconfidential information to be shielded from public review unless and until a challenge notice is filed — but several potential solutions could help to override this issue, says Delaware attorney Daniel J. McBride.

  • Takeaways From Tossed Deal In Visa, Mastercard Class Action

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    Given the rejection of a proposed deal in the long-running merchant antitrust class action against Visa and Mastercard in New York federal court, sweetening the proposed settlement pot likely will not be an option, leaving few possible outcomes including splitting the class and allowing opt-outs, say attorneys at Davis Wright.

  • DOJ Innovasis Settlement Offers Lessons On Self-Disclosure

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    The recent $12 million settlement with Innovasis and two of its executives demonstrates the U.S. Department of Justice's continued prioritization of Anti-Kickback Statute enforcement amid the growing circuit split over causation, and illustrates important nuances surrounding self-disclosure, say Denise Barnes and Scott Gallisdorfer at Bass Berry.

  • Opinion

    OFAC Sanctions Deserve To Be Challenged Post-Chevron

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    The U.S. Supreme Court's Loper Bright decision opens the door to challenges against the Office of Foreign Assets Control's sanctions regime, the unintended consequences of which raise serious questions about the wisdom of what appears to be a scorched-earth approach, says Solomon Shinerock at Lewis Baach.

  • Behind The Delay Of Final HSR Premerger Filing Rules

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    Erin Toomey at Epiq discusses the wait for the final version of the revised Hart-Scott-Rodino premerger filing requirements that were first introduced in June 2023, the factors that might be behind the delay, and how to plan for the potential data-focused rule change

  • How Calif. Ruling Alters Worker Arb. Agreement Enforcement

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    The California Supreme Court’s recent ruling in Ramirez v. Charter Communications should caution employers that while workers’ arbitration agreements will no longer be deemed unenforceable based on their number of unconscionable provisions, they must still be fair and balanced, says Sander van der Heide at CDF Labor.

  • Opinion

    After Jarkesy, IRS Must Course-Correct On Captive Insurance

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    The U.S. Supreme Court’s recent Securities and Exchange Commission v. Jarkesy decision has profound implications for other agencies, including the IRS, which must stop ignoring due process and curtailing congressional intent in its policing of captive insurance arrangements, says Peter Dawson at the 831(b) Institute.

  • Congress Quietly Amends FEPA: What Cos. Should Do Now

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    Last week, Congress revised the Foreign Extortion Prevention Act — passed last year to criminalize demand-side foreign bribery — to address inconsistencies and better harmonize the law with the Foreign Corrupt Practices Act, and companies should review their compliance programs accordingly, say Mark Mendelsohn and Benjamin Klein at Paul Weiss.

  • Why FDIC Banks May Want To Consider Fed Membership

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    With the Federal Deposit Insurance Corp. recently ratcheting up bank supervision and proposing idiosyncratic new policies, state-chartered nonmember banks may want to explore the benefits of becoming Federal Reserve members and consider practical steps to make the switch, say Max Bonici and Connor Webb at Venable.

  • Del. 3M Ruling Risks Upending Corporate Insurance Programs

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    A Delaware court's findings last week in the 3M earplug insurance litigation that a parent company's defense fee payments don't count toward a subsidiary's self-insured retention and that an insurer's duty to pay defense costs doesn't attach to multidistrict litigation merit closer scrutiny in light of the modern corporate form and the fundamental objectives of MDLs, say Julie Hammerman and Gary Thompson at Thompson HD.

  • NYSE Delisting May Be The Cost Of FCPA Compliance

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    ABB’s recent decision to delist its U.S. depository receipts from the New York Stock Exchange, coupled with having settled three Foreign Corrupt Practices Act enforcement actions, begs the question of whether the cost of FCPA compliance should factor into a company's decision to remain listed in the U.S., says John Joy at FTI Law.

  • Opinion

    The FTC Needs To Challenge The Novo-Catalent Deal

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    Novo's acquisition of Catalent threatens to substantially lessen competition in the manufacturing and marketing of GLP-1 diabetes and obesity drugs, and the Federal Trade Commission should challenge it under a vertical theory of harm, as it aligns with last year's merger guidelines and the Fifth Circuit decision in Illumina, says attorney David Balto.

  • Series

    After Chevron: Slowing Down AI In Medical Research

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    The U.S. Supreme Court's recent decision overturning the Chevron doctrine may inhibit agencies' regulatory efforts, potentially slowing down the approval and implementation of artificial intelligence-driven methodologies in medical research, as well as regulators' responses to public health emergencies, say Ragini Acharya and Matthew Deutsch at Husch Blackwell.

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