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February 25, 2025
Cos. Not In Rush To Abandon DEI Measures, Report Says
Companies don't appear to be dropping their diversity, equity and inclusion efforts in droves even though President Donald Trump's administration has made workplace DEI programs an early target, according to a new report issued by Littler Mendelson PC.
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February 25, 2025
Walgreens Inks $595M Deal To End COVID-19 Testing Suit
Walgreens Boots Alliance Inc. has agreed to pay $595 million to a lab testing and diagnostics company to put to rest a dispute over COVID-19 tests, according to a Monday filing with the U.S. Securities and Exchange Commission.
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February 25, 2025
Wage-Fixing Jury Should Hear Of DOJ Pivot, Exec Says
A nursing executive headed for trial next month on wage-fixing charges has urged a Nevada federal judge to let the jury hear that before 2016 the Justice Department didn't view such conduct as criminal, in the lone remaining test of the DOJ's labor antitrust enforcement initiative.
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February 25, 2025
Apple Litigation Director Threatened With Sanctions At Hearing
A California federal judge presiding over a high-stakes evidentiary hearing into whether Apple has complied with her 2021 antitrust injunction threatened to sanction Apple's commercial litigation director Tuesday, telling counsel she has "significant concerns" about Apple's over-designation of attorney-client privilege, saying, "Your client is not entitled to have you engage in unethical conduct."
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February 25, 2025
Calif. AG Agrees To Strike Part Of Landmark Social Media Law
California Attorney General Rob Bonta has agreed to abandon a key part of the Golden State's groundbreaking law requiring social media companies to disclose their content moderation policies as part of a settlement with X Corp., according to a stipulation filed in federal court.
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February 25, 2025
Meta Must Face US Citizens' Hiring Bias Suit
A California federal magistrate judge on Tuesday refused to nix a proposed class action alleging Meta intentionally favors H-1B visa holders over U.S. citizens for jobs, referencing statistics showing Meta's H-1B visa holders make up 15% of its workforce, compared to 0.5% for other employers.
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February 25, 2025
Chancery Likens Claims To Recycling Losing Lottery Ticket
A more than eight-year court battle over a never-triggered dry eye drug development milestone award ended Tuesday with a Delaware vice chancellor's nearly $810,000 fee shifting order against the LLC seeking the payout, while leaving open a potentially unprecedented shift of fees to the nonparty drug's inventor.
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February 25, 2025
Primary Sponsor Of Del.'s Corporate Law Rework Defends Bill
Delaware Senate Majority Leader Bryan Townsend cited the "urgency of the moment" Tuesday during an interview with Law360 on fast-tracking proposed amendments to the state's General Corporation Law, aimed at increasing protections from liability for directors, officers and controlling stockholders in an effort to stem a feared corporate exodus from The First State.
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February 25, 2025
Trump Demands Enforcement Of Healthcare Price Disclosures
President Donald Trump on Tuesday ordered federal agencies to step up enforcement of regulations requiring hospitals and health plans to publish price information designed to help patients shop for the best deal.
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February 25, 2025
4th Circ. Shuts Down HHS Chemist's 'Grinch' Harassment Suit
The Fourth Circuit shut down a chemist's bid Tuesday to revive his suit claiming he faced sex bias and retaliatory harassment within the U.S. Department of Health and Human Services when a colleague called him the "Grinch," ruling his case is devoid of proof of discrimination.
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February 25, 2025
Kroger Seeks More Sanctions For Prolific Consumer Atty
Kroger is urging an Illinois federal judge to sanction prolific consumer advocate lawyer Spencer Sheehan for filing a meritless suit over the effectiveness of its lidocaine patches, citing his "history of filing frivolous lawsuits across the nation" and a "troubling pattern of recklessness and abuse of the federal judiciary" for which he has been sanctioned three other times.
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February 25, 2025
Tampa Bay Rays To Return $200K In Alleged Ponzi Proceeds
A Georgia federal judge on Tuesday approved a settlement in which the Tampa Bay Rays have agreed to relinquish $200,000 the baseball team received for marketing services as part of an alleged Ponzi scheme.
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February 25, 2025
PCAOB Fines PwC Israel $2.75M For Training Exam Cheating
An Israeli accounting firm affiliated with PricewaterhouseCoopers on Tuesday agreed to pay the Public Company Accounting Oversight Board $2.75 million to settle allegations that hundreds of personnel cheated on mandatory internal training courses.
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February 25, 2025
Nelson Mullins Brings On Corporate Ace From Fla. Boutique
Nelson Mullins Riley & Scarborough LLP announced Tuesday that it has deepened its real estate and corporate capabilities with a new partner in its Boca Raton, Florida, office from Kapp Morrison LLP.
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February 25, 2025
Masimo Aims To DQ Hueston Hennigan As Ex-CEO's Counsel
Masimo Corp. is urging the Delaware Chancery Court to disqualify Hueston Hennigan LLP from representing its founder and former CEO in a lawsuit over his quest for a $450 million payout from the medical technology company, arguing the firm has a conflict of interest.
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February 25, 2025
Ex-Allianz Exec Avoids Prison As Massive Fraud Case Wraps
A Manhattan federal judge on Tuesday allowed a former fund executive from New Jersey to avoid prison for lying to clients of Allianz's U.S. unit, citing his cooperation as the government investigated a fraud that cost the German finance giant $6 billion.
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February 25, 2025
IBM Gets UK Green Light On $6.4B HashiCorp Buy
The U.K. Competition and Markets Authority said Tuesday it has cleared IBM's planned $6.4 billion acquisition of HashiCorp Inc., but a review by U.S. authorities remains open after IBM's original anticipated close date for the transaction came and went.
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February 24, 2025
Apple Exec Had Doubts Over New App Store Fee Compliance
Apple fellow Phil Schiller testified Monday during a high-stakes compliance evidentiary hearing that he had initially been concerned that Apple's decision to implement a new 27% commission on purchases made outside Apple's App Store wouldn't comply with the court's 2021 anti-steering injunction in its yearslong antitrust fight with Epic Games.
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February 24, 2025
Insurer Won't Have To Cover Sports CEO's Child Sex Suits
An insurance company doesn't have to defend the former leader of a sports equipment company against allegations of sexual assault against minors, a Washington federal court said Monday, making final an earlier ruling that said the policies offered no conceivable coverage.
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February 24, 2025
Lloyd's Says Cadwalader's Suit Claims Nonexistent Tort
A Lloyd's of London syndicate has urged a North Carolina judge to toss part of Cadwalader Wickersham & Taft LLP's coverage lawsuit stemming from a data breach, saying there's no tort remedy for the allegation that the insurer exposed the firm's confidential information in a court filing.
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February 24, 2025
Unions, Groups Say Fed. Employees '5 Things' Email Illegal
A group of unions challenging the federal layoff order said the U.S. Office of Personnel Management's controversial request for federal employees to include in a weekly email five things they accomplished flouts federal law, amending their lawsuit in California federal court.
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February 24, 2025
Biotech Minority Investor Sues In Del. To Block Control Moves
A company control and takeover battle between Aurion Biotech Inc. and a large investor made its second landing in Delaware's Court of Chancery on Monday, in a minority stockholder's direct and derivative suit accusing Alcon Research Inc. and its board designates of multiple fiduciary breaches.
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February 24, 2025
Investor Settles In $2.1B Danish Tax Fraud Case
A U.S. investor who was among those accused by Denmark's tax agency of participating in a $2.1 billion tax fraud scheme related to fraudulently claiming refunds on tax withheld from stock dividends has reached a settlement, according to New York federal court documents filed Monday.
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February 24, 2025
Charter Communications Keeps Trade Secrets Suit In Conn.
A Charter Communications Inc. trade secrets lawsuit against a former Colorado-based vice president will remain in Connecticut, a federal judge ruled from the bench on Monday, greenlighting the company's request for a preliminary injunction in its home state.
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February 24, 2025
Ousted MSPB Chair Defends Humphrey's In Injunction Bid
The Merit Systems Protection Board chair fired by President Donald Trump demanded an injunction to prevent her removal by administration officials, telling a D.C. federal judge that siding with the president's position on the U.S. Supreme Court's Humphrey's Executor ruling would "upend constitutional law."
Expert Analysis
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Searching For Insight On Requested Google Chrome Remedy
The potential for Google to divest its Chrome browser — a remedy requested by the Justice Department following a D.C. federal court’s finding the company is a monopolist — has drawn both criticism and endorsement, but legal precedent likely supports the former, say attorneys at Ballard Spahr.
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Consultants Should Be Aware Of DOJ's Potential New Reach
The U.S. Department of Justice's recent first-of-its-kind settlement with McKinsey & Co. indicates not only the DOJ's more aggressive stance toward businesses' potential criminal wrongdoings, but also the benefits of self-disclosure and cooperation when wrongdoing becomes apparent, says Dom Caamano at Kibler Fowler.
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How The UPC, ITC Complement Each Other In Patent Law
Attorneys at Ropes & Gray discuss the similarities and differences between the Unified Patent Court and the International Trade Commission, as well as recent matters litigated in both venues and why parties choose to file at these forums.
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Lessons Learned From 2024's Top FMLA Decisions
Last year's major litigation related to the Family and Medical Leave Act underscores why it is critical for employers to understand the basics of when leave and accommodations are required, say attorneys at Dechert.
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Opinion
3 New Year's Resolutions For Antitrust Agencies To Consider
James Fredricks at Skadden rings in 2025 with his wish list for the federal antitrust agencies, starting with a provision for a presumptive safe harbor for information sharing.
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FTC Focus: A Changing Of The Guard
While rigorous antitrust enforcement is unlikely to slow down at the Federal Trade Commission, the focus will undoubtedly change, including when it comes to Big Tech, as Andrew Ferguson prepares to take the reins from Chair Lina Khan, say attorneys at Proskauer.
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5th Circ.'s Nasdaq Ruling Another Piece In DEI Policy Puzzle
The Fifth Circuit's recent en banc opinion vacating Nasdaq's board diversity listing rule wades into the hotly debated topic of diversity, equity and inclusion initiatives at a time when many public companies are navigating the attention that DEI commitments are drawing from activists and shareholders, say attorneys at Debevoise.
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Lessons Learned From 2024's Top ADA Decisions
Last year's major litigation related to the Americans with Disabilities Act highlights that when dealing with accommodation requests, employers must communicate clearly, appreciate context and remain flexible in addressing needs, say attorneys at Dechert.
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8 Trends And Predictions Following PE's Late 2024 Surge
Private equity will remain at the forefront of value creation in 2025, and anticipated market trends include sponsors' desire to return capital to investors and a more business-friendly tack by the Antitrust Division of the U.S. Department of Justice, say attorneys at Weil.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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Lessons From The SEC's 2024 Crackdown On AI Washing
AI washing was the subject of increased scrutiny from the U.S. Securities and Exchange Commission in 2024 following a surge in the commercial adoption of generative artificial intelligence technologies in 2023, highlighting the importance of transparency, accuracy and accountability when communicating about AI, say attorneys at Perkins Coie.
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The 6 Most Significant FCRA Litigation Developments Of 2024
From a key sovereign immunity decision at the U.S. Supreme Court to a ruling on creditworthiness out of the Seventh Circuit, several important Fair Credit Reporting Act cases wound their way through the courts in 2024, each offering takeaways for both plaintiffs and defendants, say attorneys at Shipkevich.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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The Securities Litigation Trends That Will Matter Most In 2025
2025 is shaping up to be a significant year for securities litigation, as plaintiffs and defendants alike navigate shifting standards for omission theories of liability, class certification, risk disclosure claims and more, say attorneys at Willkie.
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Top 10 Employer Resolutions For 2025
While companies must monitor for policy shifts under the new administration in 2025, it will also be a year to play it safe and remember the basics, such as the importance of documenting retention policies and conducting swift investigations into workplace complaints, say attorneys at Krevolin Horst.