Corporate

  • May 22, 2024

    Activist Investor Must Face Exxon's Suit Over Proxy Proposal

    A Texas federal judge Wednesday refused to dismiss an Exxon Mobil Corp. lawsuit against a U.S.-based activist investor over a now-withdrawn shareholder proposal concerning climate change, saying it isn't certain they won't refile their proposal in the future.

  • May 22, 2024

    Founders Of BP's Archaea Looted From Own Co., Suit Says

    A group of fraternity brothers who founded waste management company Noble Environmental Inc. and later sold a venture called Archaea Energy to BP has been hit with a shareholder derivative suit in Delaware Chancery Court alleging the fraternity brothers stole billions of dollars from the company and breached their fiduciary duties to minority shareholders.

  • May 22, 2024

    Investors Say FIS Must Investigate Derivative Suit's Claims

    An investor of fintech corporation Fidelity National Information Services has pushed back on the company and its executives' bid to escape a derivative lawsuit over a $46 billion market cap drop resulting from a business spinoff, saying the company must investigate the suit's allegations.

  • May 22, 2024

    Ex-Google Manager Says He Lost Job For Reporting Nepotism

    A former Google senior manager has sued the search giant in California state court, claiming he was fired for reporting on superiors using their positions to secure sought-after spots for their children in Google's apprentice program.

  • May 22, 2024

    Ex-FTX Exec Deserves Up To 7 Years For Fraud, Feds Say

    Federal prosecutors have told a New York federal judge they are seeking a five- to seven-year prison sentence for former FTX executive Ryan Salame, arguing that his campaign finance offense "is one of the largest-ever in American history."

  • May 22, 2024

    Ex-Citi Exec Says She Was Asked To Lie To OCC

    A former Citibank NA managing director hired to bring the bank into compliance with regulatory obligations has accused the bank and its chief operating officer of wrongful termination and retaliation in a suit Wednesday, alleging she was fired for not reporting false information to authorities.

  • May 22, 2024

    Sunsetting Section 230 Gains Traction On Both Sides Of Aisle

    Everyone at Wednesday's House subcommittee hearing, from left to right, seemed to agree that it's time to ditch the Communications Decency Act's hotly contested Section 230, which shields online platforms from liability for content posted by third parties.

  • May 22, 2024

    Antitrust Judge Questions Apple's Phil Schiller On New Fees

    A California federal judge deciding whether Apple has complied with her ban on App Store anti-steering rules questioned Apple fellow Phil Schiller on Wednesday on Apple's new program imposing 27% fees on out-of-app transactions, saying "all the new program does is maintain the anti-competitive environment" for the company's benefit.

  • May 22, 2024

    Robbins Geller, Motley Rice Seek To Rep Solar Co. Investors

    Motley Rice LLC and Robbins Geller Rudman & Dowd LLP want to represent investors of energy company Shoals Technologies Group Inc. in consolidated proposed class action claims taking aim at the company and its brass and underwriters for allegedly concealing costly issues with wires in its products.

  • May 22, 2024

    Cancer Patients Target J&J Talc Unit's Asset Shuffles

    Cancer patients who have sued Johnson & Johnson alleging that its talcum powder caused their illness alleged Wednesday that the company has tried to intentionally prevent tort victims from getting their day in court through a scheme of fraudulent corporate transactions.

  • May 22, 2024

    Justices' CFPB Alliance May Save SEC Courts, Not Chevron

    A four-justice concurrence to the U.S. Supreme Court's decision upholding the Consumer Financial Protection Bureau's unique funding scheme last week carries implications for other cases pending before the court that challenge the so-called administrative state, or the permanent cadre of regulatory agencies and career government enforcers who hold sway over vast swaths of American economic life.

  • May 22, 2024

    Archegos Exec Says Founder Didn't Direct Him To Lie

    The former director of risk management for Archegos told a Manhattan federal jury on Wednesday that the collapsed hedge fund's founder never instructed him to lie to banks in order to finance trading activity, as a defense lawyer sought to poke holes in the government's fraud case.

  • May 22, 2024

    Evidence Shaky In First Zantac Cancer Trial, Drugmakers Say

    Attorneys for GlaxoSmithKline and Boehringer Ingelheim told a Chicago jury Wednesday that no one besides a plaintiff's paid witnesses have said publicly that Zantac heartburn medication causes colon cancer, calling on the jurors to reject claims that the companies owe $640 million for a woman's cancer diagnosis.

  • May 22, 2024

    Del. Justices Reverse BitGo-Galaxy Merger Suit Dismissal

    Delaware's Supreme Court on Wednesday reversed the dismissal of a lawsuit that cryptocurrency wallet provider BitGo Holding Inc. filed against digital assets firm Galaxy Digital Holdings Inc., remanding the dispute over their broken $1.2 billion merger back to Chancery Court to resolve multiple "ambiguities."

  • May 22, 2024

    Daughter Sues Over Oil Co. Family's 'Looting Campaign'

    Two relatives of Westmore Fuel Co. Inc.'s late co-founder are plundering the company to edge out his successors, the daughter of a co-founder claims in a Connecticut state court complaint aiming to dissolve the firm.

  • May 22, 2024

    GOP State Leaders Tell Justices Mexico Can't Sue Gunmakers

    Republican attorneys general of 26 states plus the Arizona Legislature have urged the U.S. Supreme Court to reverse a First Circuit decision that revived a lawsuit filed by the Mexican government seeking to hold the firearms industry responsible for drug cartel violence due to weapons trafficked across the border. 

  • May 22, 2024

    WeChat Users Must Arbitrate Privacy Row, Calif. Panel Says

    California appellate justices said Monday that WeChat users must arbitrate their proposed class action accusing Tencent of using politically motivated practices to censor their communications, saying plaintiffs can't argue they never agreed to terms of service with the arbitration provision while also basing their complaint on those same terms of service.

  • May 22, 2024

    Boeing Can't Use Belated Patent Defense In Startup's IP Trial

    A Washington federal judge has rejected The Boeing Co.'s last-minute bid to tell a jury that its patents preempt claims it misappropriated an electric jet startup's intellectual property, saying it would be unfair to allow previously unpled affirmative defenses now that the trial is underway.

  • May 22, 2024

    'Pump-And-Dump' Claims Sputter In 'Disorganized' RICO Suit

    A Michigan federal judge on Tuesday freed multiple defendants accused of funding a "pump-and-dump" scheme, saying a company suing over shareholders' alleged $3 million losses couldn't prove that the defendants made any plans together, while taking jabs at both sides' "disorganized" filings.

  • May 22, 2024

    $600M Norfolk Southern Derailment Deal Gets Early Court OK

    Consolidated class litigation over last year's fiery Norfolk Southern train derailment and toxic chemical spill in East Palestine, Ohio, cleared a court hurdle Tuesday after a federal judge tentatively signed off on a proposed $600 million settlement between the rail giant and thousands of impacted residents and businesses.

  • May 22, 2024

    SC Gov. Signs Earned Wage Access Bill Into Law

    South Carolina has become the fifth state to approve a new law governing so-called earned wage access products, which provide workers with cash advances, as the Palmetto State joins Nevada, Missouri, Wisconsin and Kansas in regulating the products.

  • May 22, 2024

    Del. Supreme Court Affirms AMC Shareholder Settlement

    Delaware's Supreme Court declared Wednesday that there shall be no sequel to the drama from common stockholders of AMC Entertainment Holdings Inc. who objected to a class settlement of litigation in the state's Chancery Court.

  • May 22, 2024

    NY Federal Reserve Associate GC Rejoins Covington

    A former Covington & Burling LLP associate who left the firm 13 years ago to join the Federal Reserve Bank of New York has returned to work as of counsel, the firm announced Tuesday.

  • May 22, 2024

    Oil Tanker Operators To Pay $2M For Dumping Oil From Ship

    The operators of the motor tanker PS Dream pled guilty in Louisiana federal court as part of a $2 million plea deal with the U.S. Department of Justice that includes four years of probation, after a whistleblower shared a video of oil being deliberately pumped overboard in January 2023.

  • May 22, 2024

    BofA Deserves Tax Refunds On Merger Interest, 4th Circ. Told

    The IRS should not have been allowed to keep the interest paid on 23 years' worth of tax underpayments by seven companies that merged into Bank of America, the company told the Fourth Circuit, arguing that the underpayments should be offset by overpayments under merger law.

Expert Analysis

  • Opinion

    USPTO's Proposed Disclaimer Rule Would Harm Inventors

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    The U.S. Patent and Trademark Office’s recently proposed rule on terminal disclaimers will make the patent system less available to inventors and will unfairly favor defendants in litigation, say Stephen Schreiner at Carmichael IP and Sarah Tsou at Omni Bridgeway.

  • Influencer Considerations As FINRA Initiates Crackdown

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    To avert risks when evaluating influencer and referral programs, firms should assess the Financial Industry Regulatory Authority's recent settlements involving the supervision of social media tastemakers, as well as recent FINRA guidance in this area, say attorneys at Troutman Pepper.

  • New Crypto Reporting Will Require Rigorous Recordkeeping

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    The release of a form for reporting digital asset transactions is a pivotal moment in the Internal Revenue Service's efforts to track cryptocurrency activities that increases oversight by requiring brokers to report investor sales and exchanges, say Shaina Kamen and Max Angel at Holland & Knight.

  • What Transactional Attys Must Know About Texas Biz Courts

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    As Texas prepares to launch its new business courts, transactional attorneys — especially those involved in commercial, securities and internal governance matters — should keep several issues in mind when considering use of the state's business court system to facilitate deals and settle disputes, say attorneys at Katten.

  • A Comparison Of FDIC, OCC Proposed Merger Approaches

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    Max Bonici and Connor Webb at Venable take a closer look at the Federal Deposit Insurance Corp.'s and Office of the Comptroller of the Currency's respective bank merger proposals and highlight certain common themes and important differences, in light of regulators continually rethinking their approaches to bank mergers.

  • Series

    Being An EMT Makes Me A Better Lawyer

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    While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.

  • Behind Court Challenges To The FTC's Final Noncompete Rule

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    The Federal Trade Commission's recent final rule banning noncompetes may not go into effect any time soon amid a couple of Texas federal court challenges seeking to bar the rule's implementation, which will likely see appeals all the way to the U.S. Supreme Court, says Michael Elkins at MLE Law.

  • Corporate Insurance Considerations For Trafficking Claims

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    With the surge in litigation over liability under the Trafficking Victims Protection Reauthorization Act, corporate risk managers and in-house counsel need to ensure that appropriate insurance coverage is in place to provide for defense and indemnity against this liability, says Micah Skidmore at Haynes Boone.

  • Tips For Keeping Trade Secrets In The Vault

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    Key practices aimed at maintaining confidentiality can help companies establish trade secret status as the Federal Trade Commission's ban on noncompetes makes it prudent to explore other security measures, says John Baranello at Moses & Singer.

  • 5 Lessons From Ex-Vitol Trader's FCPA Conviction

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    The recent Foreign Corrupt Practices Act and money laundering conviction of former Vitol oil trader Javier Aguilar in a New York federal court provides defense takeaways on issues ranging from the definition of “domestic concern” to jury instruction strategy, says attorney Andrew Feldman.

  • SEC Amendments May Launch New Execution Disclosure Era

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    The U.S. Securities and Exchange Commission's recently adopted amendments to Rule 605 of Regulation NMS for executions on covered orders in national market system stocks modernize and enhance execution quality reporting, but serious guidance is still needed to make the reports useful for the public investor, say attorneys at Sidley.

  • Questions Remain After Mass. Adverse Possession Case

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    A recent Massachusetts Land Court decision, concerning an adverse possession claim on a family company-owned property, leaves open questions about potential applicability to closely held corporations and other ownership types going forward, says Brad Hickey at DarrowEverett.

  • Mitigating Incarceration's Impacts On Foreign Nationals

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    Sentencing arguments that highlighted the disparate impact incarceration would have on a British national recently sentenced for insider training by a New York district court, when compared to similarly situated U.S. citizens, provide an example of the advocacy needed to avoid or mitigate problems unique to noncitizen defendants, say attorneys at Lankler Siffert.

  • Navigating Title VII Compliance And Litigation Post-Muldrow

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    The U.S. Supreme Court’s recent ruling in Muldrow v. St. Louis has broadened the scope of Title VII litigation, meaning employers must reassess their practices to ensure compliance across jurisdictions and conduct more detailed factual analyses to defend against claims effectively, say Robert Pepple and Christopher Stevens at Nixon Peabody.

  • Tiny Tweaks To Bank Merger Forms May Have Big Impact

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    The impact of proposed changes to the Federal Reserve Board's and Federal Deposit Insurance Corp.'s bank merger review forms would be significant, resulting in hundreds of additional burden hours for bank merger applicants and signaling a further shift by the prudential bank regulators toward more rigorous scrutiny of mergers, say attorneys at Debevoise.

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