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Corporate

  • May 22, 2025

    Fed. Circ. Ruling Will Spark More Patent Damages Fights

    The full Federal Circuit's decision Wednesday ordering a new trial in a patent case against Google LLC and finding the plaintiff's damages expert unreliable is likely to lead to greater scrutiny of patent damages testimony and more attempts to get it thrown out, attorneys say.

  • May 22, 2025

    Training LLMs Is OK, Pirating Isn't: Anthropic Judge Tips Hand

    A California federal judge considering writers' copyright suit against Anthropic indicated Thursday that he thinks training its LLM with copyrighted works is fair use, but said plaintiffs can likely pursue claims that the AI startup infringed by obtaining those training materials from pirating websites instead of buying them.

  • May 22, 2025

    Microsoft Says It Helped Disrupt Popular Malware Lumma

    Microsoft said Wednesday that it recently filed suit against Lumma Stealer as part of its work with Europol's European Cybercrime Centre to disrupt the popular and pervasive info-stealing malware that steals passwords, credit card and bank account information and cryptocurrency wallets.

  • May 22, 2025

    Fiber Optics Co.'s Leaders Sued Over Financial Restatements

    Officers and directors of fiber optics technology company Luna Innovations Inc. are facing a shareholder derivative complaint after the company announced it would revise certain financial statements after prematurely recognizing certain revenue it hadn't actually earned yet.

  • May 22, 2025

    What's Next As DOJ Mulls Dropping Boeing Criminal Case

    Boeing might be on the verge of closing a chapter in its 737 Max legal saga as the U.S. Department of Justice contemplates dropping its criminal conspiracy case against the company in what experts described as an unprecedented move just a year after Boeing was preparing to be branded a corporate felon.

  • May 22, 2025

    Proxy Proposal Omissions Rose Post-SEC Bulletin, Study Finds

    There was a sharp drop in the total number of shareholder proxy proposals submitted this year and a rise in the number of submitted proposals that were omitted from corporate ballots following the U.S. Securities and Exchange Commission's rescission of past guidance, ISS Corporate Solutions Inc. said Thursday.

  • May 22, 2025

    L3 Technologies To Pay $62M To Settle FCA Claims, DOJ Says

    The U.S. Department of Justice said Thursday a defense contractor agreed to pay $62 million to settle allegations that it violated federal laws by failing to provide accurate price and cost data for communications equipment sold to the military and other agencies.

  • May 22, 2025

    Levi Strauss Calls For Sanctions Against Boies Schiller

    Levi Strauss is seeking more than $15,000 from Boies Schiller Flexner LLP and training for the firm's litigation attorneys in the proceeding over a former executive's sex discrimination claims, telling a California federal judge that Boies Schiller flouted deadlines and refused to meet with opposing counsel.

  • May 22, 2025

    Gov't Presses High Court To Hear Activist Investor Suit

    The federal government Thursday urged the U.S. Supreme Court to hear a case accusing a series of closed-end funds of shutting an activist investor out of its voting rights, arguing that the investor's lawsuit threatens to have an "unpredictable impact" on the private fund industry.

  • May 22, 2025

    'Circular Firing Squad' Is Stalling Romance Case, Judge Says

    A Texas federal judge told Jackson Walker LLP and Kirkland & Ellis LLP that they were stuck in a "circular firing squad" in a debate over whether the former CEO of a defunct barge company could sue the firms over a former bankruptcy judge's secret romance with an attorney.

  • May 22, 2025

    FTC Can't Get Amazon Execs' Financials Yet In Prime Case

    A Washington federal court has refused the Federal Trade Commission's request to immediately force several Amazon executives to turn over sensitive financial information, ruling the agency must instead wait until after trial in its case accusing the company of trapping consumers into renewing Prime subscriptions.

  • May 22, 2025

    Fla. Can't End Tech Groups' Challenge To Social Media Law

    A Florida federal judge on Thursday denied the state's motion to dismiss a complaint brought by technology groups challenging a Florida law restricting social media companies from blocking political candidates, ruling that the plaintiffs have standing to sue on behalf of their members.

  • May 22, 2025

    Tax Court Backs IRS In Multibillion-Dollar Facebook Clash

    The U.S. Tax Court largely sided with the IRS on Thursday in a multibillion-dollar tax dispute with Facebook, upholding the agency's approach for valuing the company's intangible property but finding it applied the wrong data points in its analysis.

  • May 22, 2025

    As Trump Wields FCA, Whistleblowers May See 'Dollar Signs'

    The Trump administration's plan to use the False Claims Act to target diversity programs and alleged civil rights fraud steers a well-worn statute into uncharted territory, and could spur significant whistleblower activity amid high-profile battles with Harvard University, BigLaw firms and other institutions, experts told Law360.

  • May 22, 2025

    Sutter Health's $228.5M Antitrust Deal Gets Initial OK

    A California federal judge on Thursday preliminarily approved Sutter Health's $228.5 million deal settling a 13-year case over claims the hospital chain boosted costs by pushing all-or-nothing networks on insurers, saying that after a trial and a Ninth Circuit reversal, "it's nice that we didn't have to try this case twice."

  • May 22, 2025

    Federal Gov't Backs States' BlackRock Coal Investments Suit

    The federal government on Thursday threw its support behind a case from Texas and several other states that accuses investment groups including BlackRock Inc. of using their energy holdings to drive up coal prices under the guise of environmental concerns.

  • May 22, 2025

    Congress Kills Calif. EV Program Waiver, Other Climate Rules

    Congress on Thursday sent President Donald Trump four resolutions undoing U.S. Environmental Protection Agency actions, including the Biden-era approval of California's effort to ban the sale of gas-powered vehicles in the state, drawing a promise of litigation from the state.

  • May 22, 2025

    Justices Allow Trump To Fire NLRB, MSPB Members, For Now

    The U.S. Supreme Court on Thursday ruled two fired members of the National Labor Relations Board and the Merit Systems Protection Board cannot return to work while they challenge President Donald Trump's authority to fire them without cause, handing the president a win in his crusade against a 90-year-old precedent limiting his power to fire employees at independent agencies.

  • May 22, 2025

    Chancellor Wants Del. High Court To Review 'DExit' Corp. Law

    Delaware's chancellor wants the state's high court to weigh in on a constitutional challenge of the controversial corporate law overhaul signed into law in March in an attempt to stave off more corporate charter relocations and protect the state's legal industry and $2 billion in annual corporate franchise fees.

  • May 22, 2025

    GOP FTC Drops Dems' Pepsi Price Discrimination Suit

    The Republican-controlled Federal Trade Commission on Thursday dropped one of the last cases approved by agency Democrats before they handed over the gavel, abandoning a New York federal court complaint accusing Pepsi of giving a big box retailer better terms and promotional payments than smaller competitors.

  • May 22, 2025

    Another Tariff Suit In Trade Court Signals Joint Review

    The legal strategy of utilizing U.S. district courts to challenge President Donald Trump's emergency tariffs suffered another blow this week following a failure to keep a stationery company's suit in Florida federal court, leaving stakeholders to anticipate that similar cases will be consolidated for further review.

  • May 22, 2025

    9th Circ. Says Ex-Intel Worker's ERISA Suit Short On Specifics

    The Ninth Circuit declined Thursday to reinstate a former Intel worker's suit claiming the company pushed employees' retirement savings into hedge and private equity funds that performed worse than traditional assets, ruling he failed to show that any investment vehicles with similar risk-mitigation strategies pulled better returns.

  • May 22, 2025

    Ransomware Ban Move Could Push Hackers To Private Sector

    The government's bid to crack down on ransomware payments could heap pressure on companies in crisis without any guarantee that it will pull the plug on the billion-pound cybercrime industry, lawyers say.

  • May 22, 2025

    High Court Declines To Narrow Reach Of Federal Fraud Law

    The U.S. Supreme Court on Thursday held that using deceptive means to induce a business transaction may still be a crime even if the defendant doesn't seek to cause economic loss, a departure from earlier decisions that have narrowed the scope of federal fraud statutes.

  • May 21, 2025

    OCC 'Erred Across The Board,' Ex-Wells Fargo Exec Says

    A former Wells Fargo risk officer has asked the Eighth Circuit to vacate steep sanctions that a top U.S. regulator imposed over her alleged role in the bank's fake accounts scandal, arguing she has been unfairly scapegoated and unconstitutionally prosecuted.

Expert Analysis

  • Suggestions For CFTC Enforcement's New Leadership

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    The recent change in leadership at the U.S. Commodity Futures Trading Commission presents an opportunity to reflect on past practices and consider opportunities for improvement at the commission's Enforcement Division, including in observing precedent and providing greater enforcement transparency, say attorneys at Clifford Chance.

  • Drug Kickback Ruling Will Make FCA Liability Harder To Prove

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    The First Circuit's ruling in U.S. v. Regeneron Pharmaceuticals, requiring the government to prove but-for causation to establish False Claims Act liability based on violations of the Anti-Kickback Statute, raises the bar for FCA enforcement and deepens a circuit split that the U.S. Supreme Court may need to resolve, say attorneys at Baker Donelson.

  • What Reuters Ruling Means For AI Fair Use And Copyright

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    A Delaware federal court's recent decision in Thomson Reuters v. ROSS Intelligence is not likely to have lasting effect in view of the avalanche of artificial intelligence decisions to come, but the court made two points that will resonate with copyright owners who are disputing technology companies' unlicensed use of copyright-protected materials to train generative AI models, says David Ben-Meir at Ben-Meir Law Group.

  • The Current And Future State Of Bank-Fintech Partnerships

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    Though the Consumer Financial Protection Bureau under President Donald Trump seems likely to cultivate an environment friendlier to the financial services industry, bank-fintech partnerships should stay devoted to proactive compliance and be ready to adapt to regulatory shifts that may intensify scrutiny from enforcers, say attorneys at Greenberg Traurig.

  • Chancery Ruling Holds Authorized Share Takeaways For Cos.

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    The Delaware Chancery Court’s recent ruling in Salama v. Simon resolved statutory ambiguity in favor of boards seeking authorized share increases, and has important implications for litigators presenting extrinsic evidence in support of contract or statutory interpretation arguments, says Robin Wechkin at Sidley.

  • McMahon SEC Settlement Warns Of Nondisclosure's Price

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    The U.S. Securities and Exchange Commission's recent financial nondisclosure settlement with former WWE CEO Vince McMahon illustrates the breadth of executives' reimbursement obligations under the Sarbanes-Oxley Act and highlights the importance of building robust internal corporate reporting processes, say attorneys at BCLP.

  • Series

    Racing Corvettes Makes Me A Better Lawyer

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    The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.

  • Bill Would Bring Welcome Clarity To Del. Corporate Law

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    A recently proposed bill in Delaware that would provide greater predictability for areas including director independence and controlling stockholders reflects prudential adjustments consistent with the state's long history of refining and modernizing its corporate law, say attorneys at Simpson Thacher.

  • Opinion

    Attorneys Must Act Now To Protect Judicial Independence

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    Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.

  • Rethinking 'No Comment' For Clients Facing Public Crises

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    “No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.

  • Del. Supreme Court TripAdvisor Ruling May Limit 'MFW Creep'

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    The Delaware Supreme Court's recent Maffei v. Palkon ruling regarding TripAdvisor's proposed reincorporation to Nevada potentially signals a turning point in the trend of expanding the protections from Kahn v. M&F Worldwide to other types of transactions, says Andrew J. Haile at Elon University.

  • 9th Circ. Draws The Line On Software As A Derivative Work

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    The Ninth Circuit's recent decision in Oracle International v. Rimini Street clarifies the meaning of derivative work under the Copyright Act, and when a work based upon a preexisting item doesn't constitute a derivative, says John Poulos at Norton Rose.

  • Reading The Tea Leaves On Mexico, Canada And China Tariffs

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    It's still unclear whether the delay in the imposition of U.S. tariffs on Canadian and Mexican imports will result in negotiated resolutions or a full-on trade war, but the outcome may hinge on continuing negotiations and the Trump administration's possible plans for tariff revenues, say attorneys at Eversheds Sutherland.

  • A Closer Look At FDX's New Role As Banking Standard-Setter

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    Should the new Consumer Financial Protection Bureau let ​​​​​​​stand the decision empowering Financial Data Exchange as an industry standard-setter, it will be a significant step toward broader financial data-sharing, but its success will depend on industry adoption, regulatory oversight and consumer confidence, say attorneys at Clark Hill.

  • Partially Faulting Airline For 401(k) ESG Focus Belies ERISA

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    A Texas federal court's recent finding that American Airlines breached its fiduciary duty of loyalty, but not of prudence, by letting its 401(k) pursue environmental, social and governance investments, misinterprets the Employee Retirement Income Security Act's standard of care, says Jeff Mamorsky, a Cohen & Buckmann partner and ERISA drafter.

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