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Corporate
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May 29, 2025
Split 5th Circ. OKs Acting NLRB GC's Drop Of Teamsters Case
A divided Fifth Circuit panel again blessed the National Labor Relations Board's order that supported a former acting general counsel's withdrawal of an unfair labor practice complaint against two Teamsters locals, analyzing the dispute on remand from the U.S. Supreme Court.
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May 29, 2025
Javice Request To Sink Guilty Verdict Turned Aside By Judge
A Manhattan federal judge declined on Thursday to toss a verdict convicting Frank founder Charlie Javice of tricking JPMorgan Chase into buying the student aid startup for $175 million, saying he properly declined to sever her trial from that of her co-defendant.
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May 29, 2025
Fla. Panel Affirms Atty Conflict DQ In Construction Dispute
In a one-word opinion, Florida's Third District Court of Appeal affirmed a trial court's decision to disqualify a plaintiff's attorney in a long-running construction ownership dispute after finding he briefly represented the defendant's surety company in a related matter.
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May 29, 2025
Ex-Goldman Partner, Star Witness In 1MDB Trial, Gets 2 Years
Former Goldman Sachs partner and star 1MDB prosecution witness Tim Leissner was sentenced Thursday to two years in prison for his role in a global conspiracy to siphon more than $2.7 billion for bribes and kickbacks from the Malaysian sovereign wealth fund in order to facilitate Goldman-backed bond deals.
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May 29, 2025
Intel Convinces Texas Jury That Fortress Controls VLSI
A Texas federal jury on Thursday found that Fortress Investment Group controls both VLSI Technology and Finjan Holdings, and a judge will now decide whether that means Intel can escape findings that it infringed VLSI's patents by invoking its license with Finjan.
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May 29, 2025
NYT, Amazon Reach Licensing Deal To Use Content For AI
The New York Times and Amazon have reached a licensing deal for the tech and online retail giant to use the newspaper's editorial content on its artificial intelligence platforms, the companies announced Thursday.
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May 28, 2025
International Trade Court Strikes Down Trump's Tariffs
The International Emergency Economic Powers Act does not give the president the "unbounded authority" to impose tariffs on goods from nearly every country in the world, the U.S. Court of International Trade ruled Wednesday, handing a win to small businesses and states challenging some of President Donald Trump's steep tariffs.
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May 28, 2025
Intel Pushes Fortress, VLSI On Financial Control Limits
Intel Corp. tried to convince an Austin federal jury Wednesday that Fortress Investment Group's power to say "no" when VLSI Technology LLC requests money, among other override authorities, makes clear who has actual control over VLSI's finances, even if that "no" has never been invoked.
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May 28, 2025
Elon Musk Is Leaving White House Role, Trump Admin Says
Billionaire Elon Musk is ending his work with President Donald Trump and the federal Department of Government Efficiency, a White House official confirmed Wednesday evening.
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May 28, 2025
Del. Justices Won't Revive Raytheon Incentive Plan Suit
Delaware's highest court on Wednesday declined to revive a derivative suit accusing Raytheon Technologies Corp. directors of wrongly allowing a special committee to change an employee pension plan without stockholder approval, citing no support for alleged bylaw breaches or need for a stockholder vote.
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May 28, 2025
Ga. Justices Uphold $1.75M Award, Despite Ex Parte Emails
The Georgia Supreme Court has upheld a $1.75 million arbitration award in a dispute between a medical provider and its contractor, finding the provider was not prejudiced by the contractor's ex parte communications with an arbitrator.
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May 28, 2025
5 Federal Circuit Clashes To Watch In June
The Federal Circuit will hear cases in June that include an attempt to revive and expand a discarded $64 million trade secrets judgment against Goodyear, and a dispute between drugmakers Acorda and Alkermes that asks when licensees who pay royalties on expired patents can get a refund in arbitration.
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May 28, 2025
Regeneron Urges Judge In FCA Kickback Suit To Set Trial Date
Regeneron Pharmaceuticals Inc. on Wednesday pressed a Massachusetts federal judge to ready a long-running False Claims Act suit for a jury and reject the government's second bid for a pretrial win under a different legal theory following a First Circuit setback.
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May 28, 2025
Texas Court Ponders If County Can Bring $11M Project Suit
A Texas appeals court worked to untangle whether one or two contracts were involved in an $11 million park project in Williamson County, Texas, during oral arguments Wednesday, and whether, in turn, the statute of limitations barred the county from suing the insurer for breach of contract.
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May 28, 2025
Fla. Judge Told Pharma Co. Rival Also Stole Trade Secrets
A Florida federal judge on Wednesday denied an India-based pharmaceutical company's bid to reject a competitor's defense against a lawsuit alleging trade secrets theft by claiming its accuser is responsible for the same conduct, expressing doubt whether she can rule on such an issue.
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May 28, 2025
FTC Orders Divestitures Before $35B Synopsys-Ansys Merger
The Federal Trade Commission said Wednesday that software companies Synopsys and Ansys will be required to divest certain assets, including Synopsys' optical software tools and Ansys' power consumption analysis tool, in order to move forward with their planned $35 billion merger.
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May 28, 2025
Tariffs Spur Law Firms To Brace For Trade Disputes Surge
President Donald Trump's unveiling of broad tariffs in his second term has prompted the law firms that specialize in international disputes to ramp up their preparedness for an expected onslaught of cases, a task that hasn't been made easier by the administration's constantly evolving approach to trade issues.
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May 28, 2025
Duke Energy Settles Proposed Class Action Over Data Breach
Duke Energy has reached a deal in a proposed class action alleging that customers' sensitive personal information was exposed in a data breach last year, according to a joint notice the parties filed in North Carolina federal court.
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May 28, 2025
4 Big Questions Raised By International Retaliatory Tax In GOP Bill
Republicans' evolving international retaliatory tax proposal has been viewed as an effort to influence foreign tax regimes and as a possible tool in global tax and trade talks, but it has sparked concerns that it could escalate a trade war or otherwise hurt the U.S. economy. Here, Law360 explores four questions raised by the proposal.
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May 28, 2025
'ComEd Four' Denied New Trial After High Court Ruling
An Illinois federal judge on Wednesday denied a motion by Commonwealth Edison Co.'s former CEO and lobbyists to throw out their corruption convictions in the wake of a recent U.S. Supreme Court false-statement ruling, saying the jury made a "reasonable call" that they falsified internal records to hide the steering of benefits to ex-Illinois House Speaker Michael Madigan.
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May 28, 2025
Justices Seek SG's Take On Falun Gong Case Against Cisco
The U.S. Supreme Court has asked the solicitor general to weigh in on an Alien Tort Statute suit revived by the Ninth Circuit and lodged by a class of Falun Gong practitioners alleging that Cisco Systems aided in the Chinese government's crackdown on the religious movement.
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May 28, 2025
Sens. Urge Treasury To Rescind Ownership Reporting Rule
A bipartisan duo from the Senate Finance Committee has urged Treasury Secretary Scott Bessent to fully implement the Corporate Transparency Act, criticizing an interim final rule that exempts domestic businesses from contested reporting regulations.
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May 28, 2025
Amazon Seeks To End FTC's Prime Subscription Case
Amazon and the Federal Trade Commission have both asked a Washington state federal court to hand them wins ahead of trial in the agency's case accusing the e-commerce giant of trapping consumers into Prime subscriptions.
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May 28, 2025
DOJ Says Justices' Ruling Backs Nursing Exec's Conviction
The U.S. Department of Justice is pointing to a recent U.S. Supreme Court ruling to bolster its fight against a new trial being sought by a convicted Nevada nursing home executive, saying that the new high court decision establishes that economic loss isn't needed to prove wire fraud.
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May 28, 2025
DOJ Gets Some Discovery Seeking HPE-Juniper Witness Bias
A California federal magistrate judge granted the U.S. Department of Justice only limited discovery Tuesday as it looks for potential "bias" from an industry analyst Hewlett Packard Enterprise may call in defense of its planned $14 billion purchase of Juniper Networks Inc.
Expert Analysis
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How Cos. Can Navigate Risks Of New Cartel Terrorist Labels
The Trump administration’s recent designation of eight drug cartels as foreign terrorist organizations gives rise to new criminal and civil liabilities for companies that are unwittingly exposed to cartel activity, but businesses can mitigate such risks in a few key ways, say attorneys at Steptoe.
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What We Lost After SEC Eliminated Regional Director Role
Former U.S. Securities and Exchange Commission Regional Director Marc Fagel discusses the recent wholesale elimination of the regional director position, the responsibilities of the job itself and why discarding this role highlights how the appearance of creating a more efficient agency may limit the SEC's effectiveness.
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4th Circ. Latest To Curb Short-Seller Usage In Securities Suits
The Fourth Circuit's recent decision in Defeo v. IonQ will serve as a powerful and persuasive new precedent for corporate defendants as courts continue curtailing securities class action plaintiffs' use of short-seller reports to plead federal securities law claims, say attorneys at Alston & Bird.
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$38M Law Firm Settlement Highlights 'Unworthy Client' Perils
A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.
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Only Certainty About FAR Reform Order Is Its Uncertainty
The president’s recent order overhauling the Federal Acquisition Regulation, which both contractors and agencies rely on to ensure predictability and consistency in federal procurement, lacks key details about its implementation, which will likely eliminate many safeguards that ensure contractors are treated fairly and that procurements are awarded in a reasonable manner, say attorneys at Miles & Stockbridge.
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Maintaining Legal Compliance For GenAI In Life Sciences
As companies continue to implement generative artificial intelligence to enhance all phases of drug discovery, they must remain mindful of legal, regulatory and practical considerations as best practices in this space emerge and evolve, say attorneys at Sullivan & Cromwell.
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Series
Teaching Business Law Makes Me A Better Lawyer
Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.
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SEC's Crypto Statement Offers Clarity On Disclosures
While the crypto industry awaits a definitive rule from the U.S. Securities and Exchange Commission on whether a crypto-asset is a security, its recent guidance provides a road map for registrants seeking to comply with current disclosure requirements and shows the commission is working toward a comprehensive regulatory framework, say attorneys at Debevoise.
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Navigating The Expanding Frontier Of Premerger Notice Laws
Washington's newly enacted law requiring premerger notification to state enforcers builds upon a growing trend of state scrutiny into transactions in the healthcare sector and beyond, and may inspire other states to enact similar legislation, say attorneys at Simpson Thacher.
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Jurisdictional Issues At Play In 9th Circ.'s FCA Trade Case
A decision by the Ninth Circuit in Island Industries v. Sigma Corp. could result in the U.S. Court of International Trade’s exclusive jurisdiction over trade-related FCA cases, a big shift in the enforcement landscape just as tariffs take center stage in trade policy, say attorneys at Haynes Boone.
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Evolving Federal Rules Pose Further Obstacles To NY LLC Act
Following the Financial Crimes Enforcement Network's recent changes to beneficial ownership information reporting under the federal Corporate Transparency Act — dramatically reducing the number of companies required to make disclosures — the utility of New York's LLC Transparency Act becomes less apparent, say attorneys at Pillsbury.
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Action Steps To Prepare For Ramped-Up Export Enforcement
In light of recent Bureau of Industry and Security actions and comments, companies, particularly those with any connection to China, should consider four concrete steps to shore up their compliance programs given the administration's increasingly aggressive approach to export enforcement, say attorneys at Gibson Dunn.
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Series
Law School's Missed Lessons: Mastering Discovery
The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.
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DOJ Signals Major Shift In White Collar Enforcement Priorities
In a speech on Monday, an official outlined key revisions to the U.S. Department of Justice’s voluntary self-disclosure, corporate monitorship and whistleblower program policies, marking a meaningful change in the white collar enforcement landscape, and offering companies clearer incentives and guardrails, say attorneys at McGuireWoods.
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Web Tracking Ruling Signals Potential Broadening Of CCPA
The Northern District of California's recent decision in Shah v. Capital One Financial Corp. is notable, as it signals a potential broadening of the California Consumer Privacy Act's private right of action beyond data breaches to unauthorized, nonbreach disclosures involving the use of now-ubiquitous tracking technologies, say attorneys at Baker Donelson.