Corporate

  • January 31, 2025

    Small Biz Attys Jump Into 4th Circ. Shell Co. Law Challenge

    A business group has urged the Fourth Circuit to stop the U.S. Department of the Treasury from enforcing a law that requires companies to disclose personal identifying information about their beneficial owners and applicants to the agency, saying the law exceeds the limit of Congress' power to regulate intrastate economic activity.

  • January 31, 2025

    DOJ Says Agri Stats Case About 'Broad' Ploy, Not Specific Data

    The U.S. Department of Justice urged a Minnesota federal judge not to turn its antitrust case against Agri Stats into something it isn't: a line-by-line recitation about particular problematic data fields in the company's protein industry reports, rather than "a broad, multifaceted, and interconnected information exchange conspiracy."

  • January 31, 2025

    SpaceX Likely To Beat Sanctions Bid In Pay Equity Case

    A California state judge said Friday that he probably won't sanction SpaceX for supposedly missing a deadline to pay an arbitration retainer tied to a proposed class action accusing Elon Musk's aerospace company of underpaying women and minorities.

  • January 31, 2025

    Employment Authority: Impact Of Trump's NLRB Firings, EOs

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage of President Donald Trump's myriad moves on labor and employment law in his first days in office: how the firings of top National Labor Relations Board officials affect the agency, how his recent executive order ending a six-decade-old nondiscrimination directive for federal contractors could lead to False Claims Act suits and four questions arising from Trump's offer for federal workers to resign and receive paid administrative leave.

  • January 31, 2025

    Silicon Valley County Sues Trump Over Birthright Ban 'Chaos'

    Silicon Valley's home county of Santa Clara hit the Trump administration with a lawsuit in California federal court, joining other governments across the nation challenging President Donald Trump's executive order that seeks to strip immigrants' children of birthright citizenship and claiming the order is already creating "chaos" locally.

  • January 31, 2025

    Supreme Court Eyes Its 'Next Frontier' In FCC Delegation Case

    A case about broadband subsidies will give the U.S. Supreme Court the chance to revive a long-dormant separation of powers principle that attorneys say could upend regulations in numerous industries and trigger a power shift that would make last term's shake-up of federal agency authority pale in comparison. And a majority of the court already appears to support its resurrection.

  • January 31, 2025

    Court Won't Block Tempur Sealy's $4B Mattress Firm Deal

    A Texas federal court on Friday denied the Federal Trade Commission's bid to put a hold on Tempur Sealy International Inc.'s planned $4 billion purchase of Mattress Firm Group Inc. over concerns about rival mattress suppliers' access to the retail chain.

  • January 31, 2025

    After High Court, SuperValu's $123M FCA Case Heads To Trial

    SuperValu is bound for trial in February over whistleblower claims that it billed the government higher-than-customary prices for millions of prescriptions, marking an important test of a recent U.S. Supreme Court ruling that revived the case and redefined the standard of proof under the False Claims Act.

  • January 31, 2025

    Dem AGs Say Trump's DEI Attacks Undercut Anti-Bias Efforts

    A dozen state attorneys general decried President Donald Trump's attempts to roll back diversity, equity, inclusion and accessibility programs across the federal government, saying Friday his stance threatens decades of bipartisan work to combat discrimination and provide equal job opportunities.

  • January 31, 2025

    Apple Wants Google Search Case Paused For Appeal

    Apple filed an emergency motion asking a Washington, D.C., federal court to pause the landmark monopolization case targeting Google's search dominance while it appeals a decision refusing to allow the company to participate in the upcoming remedies trial.

  • January 31, 2025

    DOL Board Says Processing Delay Isn't A 'Catastrophic Event'

    Delays in prevailing wage determinations aren't the kind of emergency needed to let a Florida company seeking to employ foreign workers qualify for a waiver to file its petition outside the usual timeframe, a U.S. Department of Labor appeals board said.

  • January 31, 2025

    Target Warehouse Workers Win Class Cert. In NJ Wage Suit

    A New Jersey federal judge has granted class certification to Target warehouse workers at three Garden State distribution centers alleging they were required to engage in unpaid work-related activities before and after their shifts, ruling each class member's case hinges on whether their walking time constitutes hours worked.

  • January 31, 2025

    Investors Say Walgreens Misled Over Prescription Misuse

    A putative class of Walgreens shareholders has sued the retail giant in Illinois federal court, claiming it made false statements about its regulatory compliance and that stock prices fell in the wake of the federal government's allegations that Walgreens knowingly filled millions of invalid prescriptions for opioids and other controlled substances.

  • January 31, 2025

    Chancery Pushes Air Transport SPAC Suit Toward Trial

    Stockholders who sued for damages after the take-public merger of an air taxi and medical transport company on Friday beat a dismissal motion filed by the company's principals in Delaware's Court of Chancery, sending the case to discovery and toward trial.

  • January 31, 2025

    Ex-BigLaw Atty Can't Escape OneCoin Conviction At 2nd Circ.

    The Second Circuit on Friday upheld a former Locke Lord LLP partner's conviction and 10-year sentence for helping launder roughly $400 million in proceeds from the multibillion-dollar OneCoin cryptocurrency scheme, rejecting the attorney's contention that a sole cooperating government witness' perjury and other purported errors warranted reversing his punishment.

  • January 31, 2025

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    The battle over corporate diversity issues weaved its way throughout this past week's news and this roundup, including 19 Republican attorneys general threatening Costco over its policies. And a new survey shows general counsel trying to cut costs, but also saying they will increase the work they send to outside lawyers in 2025.

  • January 31, 2025

    Trump Funding Freeze Blocked As Court Doubts Reversal

    A Rhode Island federal judge on Friday issued a temporary restraining order barring the Trump administration from freezing spending on federal grant and aid programs, calling the move illegal and saying the issue was not mooted by a White House memo claiming the directive had been rescinded.

  • January 31, 2025

    Fired TikTok Exec's Bias Suit Kept In Court By Arbitration Ban

    A New York federal judge largely rejected TikTok's bid to toss a former executive's suit claiming she was pushed out of her job because of her age and gender, also ruling that a law barring sexual harassment disputes from arbitration keeps her claims in court.

  • January 31, 2025

    Trump's DEI Cuts Threaten USPTO Innovation Goals

    President Donald Trump's recent actions to purge diversity programs from the federal government and private sector could undermine one of the top objectives of the U.S. Patent and Trademark Office in recent years: expanding access to innovation.

  • January 31, 2025

    Nippon Targets Sanyo Special Steel After Nixed US Steel Deal

    Japan's Nippon Steel Corp. on Friday announced plans to launch a tender offer valued at 70.5 billion yen ($456 million) to acquire full control of Sanyo Special Steel, a move that comes in the wake of former President Joe Biden blocking Nippon's $14.9 billion megadeal with U.S. Steel.

  • January 30, 2025

    Pharmacy Says Its Ex-GC Destroyed Trade Secrets Evidence

    Texas-based Empower Pharmacy on Thursday pressed for sanctions against its former general counsel — who also happens to be a former assistant district attorney in San Antonio — claiming that the lawyer intentionally destroyed a hard drive that contained evidence relevant to Empower's trade secrets suit against a rival pharmacy.

  • January 30, 2025

    Amazon 'Siphoned' App Users' Location Data, Suit Claims

    Amazon is secretly collecting "incredibly sensitive" information about millions of consumers' precise location and movements through software-building tools embedded on third-party mobile apps, according to a proposed class action filed in California federal court Wednesday. 

  • January 30, 2025

    SEC's Trial Win In VistaPrint Insider Trading Case Stands

    A Massachusetts federal judge on Thursday rejected a Lexington man's contention that his conviction for trading VistaPrint options off of nonpublic information resulted from an inconsistent jury verdict, but said the U.S. Securities and Exchange Commission's request he pay $1.8 million in civil penalties for the insider trading was too much.

  • January 30, 2025

    2nd Circ. Voices Unease Over Ex-Iconix CEO's Fraud Retrial

    The Second Circuit on Thursday expressed doubt regarding the conviction of Iconix Brand Group founder Neil Cole, who was found guilty of fraudulently booking $11 million of revenue to hit earnings targets, and appeared open to the argument that his retrial violated the double jeopardy clause of the Fifth Amendment.

  • January 30, 2025

    2nd Circ. Sees No Skadden Conflict In Pharma Merger Work

    The Second Circuit on Thursday declined to revive an investor suit alleging a merger between Sumitomo Pharma America Inc. and Myovant Sciences Ltd. was undervalued because the lawyers from Skadden Arps Slate Meagher & Flom LLP who helped negotiate the deal had undisclosed conflicts of interest.

Expert Analysis

  • How To Manage During A Trade Dispute With USMCA Partners

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    Companies can try to minimize the potential impacts of future tariffs on Mexican and Canadian goods, and uncertainty about future trade relations, by evaluating supply chains, considering how they may be modified, and engaging with the new administration over exemptions and the upcoming review of the U.S.-Mexico-Canada Agreement, say attorneys at Holland & Knight.

  • Reviewing The High Court's Approach To Free Speech Online

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    As the U.S. Supreme Court began addressing the interplay between the First Amendment and online social media platforms, its three opinions from last term show the justices adopting a nuanced approach that recognizes that private citizens, public employees and online platforms all have First Amendment rights, say attorneys at Jenner & Block.

  • Series

    In The CFPB Playbook: A Sprint To The Finish Line

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    The fourth quarter of 2024 was an impressive demonstration of the Consumer Financial Protection Bureau's ability to regulate, enforce and supervise, even on borrowed time following the election results, and we should expect the current bureau to run nonstop until Jan. 20, say attorneys at Covington.

  • 3 Factors Affecting Retail M&A Deals In 2025

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    Retailers considering mergers and acquisitions this year face an evolving antitrust environment, including a new administration under President-elect Donald Trump, revised merger guidelines and a precedent set last year by a canceled $8.5 billion handbag merger, say attorneys at DLA Piper.

  • 7 Pitfalls To Watch In Tech Referral Fee Programs

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    The recent attempt by FluidStack to recover $10 million in referral fees allegedly promised by software vendor Denvr Dataworks should alert potential participants in so-called partnership programs to seven signs that a proposed technology referral agreement may not equally benefit all sides, says Chris Wlach at Huge Inc.

  • Predicting What's Next For SEC By Looking At Past Dissents

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    While Paul Atkins' nomination to be the next chair of the U.S. Securities and Exchange Commission has taken center stage, an analysis of Republican Commissioners Hester Peirce and Mark Uyeda's past votes and dissents provides a preview of where enforcement may shift in the new administration, say attorneys at Gibson Dunn.

  • FTC Picks Augur Pro-Business Bent For Much Of Economy

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    President-elect Donald Trump's choice of two top Federal Trade Commission officials suggests a business-friendly climate for a significant portion of the U.S. economy, with noteworthy exceptions of continued scrutiny of healthcare and Big Tech companies, excluding artificial intelligence, say attorneys at BCLP.

  • Exploring Venue Strategy For Trump-Era Regulatory Litigation

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    Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.

  • Searching For Insight On Requested Google Chrome Remedy

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    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.

  • Consultants Should Be Aware Of DOJ's Potential New Reach

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    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.

  • How The UPC, ITC Complement Each Other In Patent Law

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    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.

  • Lessons Learned From 2024's Top FMLA Decisions

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    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.

  • Opinion

    3 New Year's Resolutions For Antitrust Agencies To Consider

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    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.

  • FTC Focus: A Changing Of The Guard

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    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.

  • 5th Circ.'s Nasdaq Ruling Another Piece In DEI Policy Puzzle

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    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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