• November 29, 2023

    LIVE COVERAGE: Day 36 Of Trump's NY Civil Fraud Trial

    Law360 reporters are providing live coverage from the courthouse as former President Donald Trump goes on trial in the New York attorney general's civil fraud case. Follow along here.

  • November 28, 2023

    'This Is Solvable': Google, Epic Ordered To Midtrial Deal Talk

    A California federal judge on Tuesday ordered top decision-makers at Google and Epic Games to try a second time to reach a settlement in their Play Store antitrust case as the monthlong trial nears its end, saying the fight is "solvable" and comparing their hesitation to a kid eating broccoli.

  • November 28, 2023

    Disunity Over Surveillance Act May Doom Privacy Protections

    Calls to add privacy protections and anti-abuse measures to a controversial electronic surveillance law have never been louder, but divergent ideas about what needs to change within the statute and dysfunction within Congress could limit prospects for meaningful changes.

  • November 28, 2023

    Rent-A-Center To Pay $9M Over 'Abusive' Debt Collection

    Rent-A-Center will pay nearly $9 million to resolve allegations that the company engaged in "abusive" debt collection practices, including filing criminal theft reports against customers who missed rental payments, the Massachusetts Attorney General's Office announced Tuesday.

  • November 28, 2023

    Biotech Co.'s Counterclaims Against Ex-Exec Trimmed

    A California federal judge has tossed a Colorado biotechnology company's counterclaims alleging fraud and negligent misrepresentation by a co-founder and technology chief of another firm it acquired for $35 million in 2022, but allowed the biotech's bid for declaratory relief regarding the executive's exit from the company to move forward.

  • November 28, 2023

    Ex-Root Exec Cops To Stealing $10M For Vehicles, Surgery

    The ex-chief marketing officer for Root Inc. pled guilty in Ohio federal court Tuesday to wire fraud and contempt after he embezzled more than $10.2 million from the insurance company during the single year he worked there, spending the money on luxury vehicles and plastic surgery, according to the U.S. Department of Justice.

  • November 28, 2023

    CFPB's Chopra Says AI Could Give 'Enormous Control' To Few

    Consumer Financial Protection Bureau Director Rohit Chopra said Tuesday that he is worried the rise of generative artificial intelligence technology could concentrate "enormous" power within the grasp of a few companies and their top executives.

  • November 28, 2023

    9th Circ. Won't Revive Shopify Consumer's Data Privacy Suit

    The Ninth Circuit in a published opinion on Tuesday upheld a lower court's order dismissing a lawsuit accusing Shopify of collecting shoppers' sensitive information without permission, saying the court lacks jurisdiction since Shopify did not expressly aim its conduct toward California.

  • November 28, 2023

    Chancery Aims For Quick Rule On Ocean Data Co. Injunction

    A Delaware vice chancellor said Tuesday she would strive to rule on a preliminary injunction request by midday Thursday in an investor suit challenging Ocean Power Technologies Inc.'s rejection of a board candidate slate for the company's next director election on Jan. 31, 2024.

  • November 28, 2023

    Zelle User Asks Judge Not To Rethink Trimming Fraud Suit

    A New York federal judge shouldn't reconsider his decision to let a lawsuit proceed against Bank of America over its alleged refusal to reimburse fraud victims, the plaintiff in the suit said, arguing that her claim is still valid.

  • November 28, 2023

    Roblox Hit With Securities Suit Over Lack Of Parental Controls

    Online game platform Roblox Corp. and some of its executives face an investor's proposed class action alleging they concealed shortcomings affecting its parental restrictions after the company saw a sales slump when it added new controls.

  • November 28, 2023

    Woman Bit Into Finger In Chopt Eatery Salad, Suit Claims

    A Connecticut woman sued the Chopt Creative Salad Co. eatery chain in New York state court alleging she bit into part of a severed human finger in her salad. 

  • November 28, 2023

    Ex-ERCOT Execs Escape Suit Over 2011 Energy Projections

    An appellate panel said Tuesday that a group of former executives of Texas' primary electric grid operator could escape a lawsuit alleging they misled developers in the mid-2000s, putting an end to a second lawsuit stemming from the operator's more than decade-old energy capacity projections.

  • November 28, 2023

    Consumer Privacy Rules For AI Floated By Calif. Regulators

    The California Privacy Protection Agency revealed Monday proposed regulations to allow more consumer control over private information that could be used by artificial intelligence, floating the ability to opt out of providing such information and to obtain more information about businesses' use of the technology, in line with state consumer privacy laws.

  • November 28, 2023

    Dollar General Hit With Investor Suit Over Understaffing Woes

    Dollar General has been hit with a proposed class action by an investor alleging the discount retailer opened more stores and overcharged products to inflate the company's share price even though corporatewide staffing problems were ultimately causing merchandise losses on a grand scale, which in turn led to a drop in share prices after the issues became known.

  • November 28, 2023

    DC Court Skeptical Of Coca-Cola 'Greenwashing' Suit

    The D.C. Court of Appeals reached for — but didn't necessarily find — a limiting principle on Tuesday morning as it heard arguments over whether it should revive a lawsuit accusing Coca-Cola of making misleading statements to consumers about its sustainability efforts in order to "greenwash" its products.

  • November 28, 2023

    Rescinding Job Offer Over Gay Marriage Unlawful, Judge Says

    A Christian nonprofit violated state and federal law when it refused to hire a customer service representative because she was in a same-sex marriage, a Washington federal judge said Tuesday, ruling the job wasn't religious enough to be exempt from civil rights law.

  • November 28, 2023

    Sanctioned Wholesaler Wants Abbott Labs Out Of Her Trust

    A medical wholesaler executive's wife is trying to stop Abbott Laboratories from reaching into her trust in order to satisfy a $33 million judgment against the pair that came after they were found to have engaged in discovery fraud.

  • November 28, 2023

    RTX Shareholder Moves Jet Engine Stock Feud To Del.

    An RTX Corp. stockholder has agreed to move from Connecticut to Delaware a proposed federal derivative suit accusing the former Raytheon jet engine-maker of failing to disclose reliability and fuel economy problems with a mainstay line of turbofan engines, costing the company billions.

  • November 28, 2023

    SEC Adopts Dodd-Frank Era Securitization Conflicts Rule

    The U.S. Securities and Exchange Commission adopted a rule Monday that was 12 years in the making, fulfilling a post-financial crisis congressional mandate to address conflicts of interest in the asset-backed securities industry by prohibiting investment banks from betting against some of the products they sell.

  • November 28, 2023

    Timing May Be Tight For OECD's Crypto Reporting Framework

    The 48 jurisdictions including the U.S. that intend to implement the OECD's cryptocurrency information exchange framework by 2027 will have to work quickly to meet that deadline given the time needed to enact domestic legislation and regulations to put the framework in place.

  • November 28, 2023

    USPTO To Unveil New TM Search System This Week

    The U.S. Patent and Trademark Office is replacing its decades-old search system for trademarks on Thursday, part of a larger effort to modernize its information technology tools.

  • November 28, 2023

    Mich. Justices Deny US Steel Hearing On Tax Refund Interest

    Michigan's high court said Tuesday that it won't consider an appeal by U.S. Steel on its claim for two years of interest on a state tax refund, letting stand an appeals court opinion on when the interest started accruing.

  • November 28, 2023

    2nd Circ. Upholds Ex-CEO's Conviction For Manafort Bribe

    The Second Circuit on Tuesday upheld former Federal Savings Bank CEO Stephen Calk's conviction for giving former Donald Trump staffer Paul Manafort $16 million in loans in exchange for a chance at a job in the White House, rejecting a series of evidentiary and procedural arguments raised by Calk.

  • November 28, 2023

    Group Says Berkeley Law Allows 'Unchecked' Antisemitism

    The University of California, Berkeley School of Law and the university itself have fostered a "long-standing, unchecked spread of antisemitism" that has led to harassment and violence against Jews on campus, a Jewish advocacy organization says in a lawsuit filed Tuesday.

Expert Analysis

  • Chancery's 'Unfair Deal, Fair Price' Ruling Part Of A Trend

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    The Delaware Court of Chancery's recent decision in In re: Straight Path Communications is the latest in a line of recent post-trial rulings by the court that seem to prioritize a fair price in determining damage awards — even when a transaction has been clouded by an unfair process, say attorneys at V&E.

  • 5 Steps To Meet CFTC Remediation Expectations

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    After the U.S. Commodity Futures Trading Commission recently updated its enforcement policies, organizations should implement elements of effective remediation — from root-cause analyses to design effectiveness tests — to mitigate the risk of penalties and third-party oversight, say Jonny Frank and Chris Hoyle at StoneTurn Group.

  • Asserting 'Presence-Of-Counsel' Defense In Securities Trials

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    As illustrated by the fraud trial of FTX founder Sam Bankman-Fried, defense attorneys in securities trials might consider arguing that counsel had some involvement in the conduct at issue — if the more formal advice-of-counsel defense is unavailable and circumstances allow for a privilege waiver, say Joseph Dever and Matthew Elkin at Cozen O'Connor.

  • Series

    ESG Around The World: Mexico

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    ESG has yet to become part of the DNA of the Mexican business model, but huge strides are being made in that direction, as more stakeholders demand that companies adopt, at the least, a modicum of sustainability commitments and demonstrate how they will meet them, says Carlos Escoto at Galicia Abogados.

  • Key Takeaways From DOJ's Recent FARA Advisory Opinions

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    The U.S. Department of Justice recently published several redacted advisory opinions on the Foreign Agents Registration Act, clarifying its current thinking on when a person or entity is required to register as a foreign agent under the statute, and when they may qualify for an exemption, says Tessa Capeloto at Wiley Rein.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Taking Action On Interagency Climate Financial Risk Guidance

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    Recent joint guidance from the Federal Reserve, the Federal Deposit Insurance Corporation and the Office of the Comptroller of the Currency on climate-related financial risk management for large institutions makes it clear that banks should be proactive in assessing their risks and preparing for further regulation, says Douglas Thompson at Snell & Wilmer.

  • FTC Warning Letters Note 5 Mistakes For Influencers To Avoid

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    The Federal Trade Commission recently sent warning letters to two trade associations and 12 health influencers over their social media posts, offering insight into how the agency plans to enforce its updated endorsement guides and highlighting five concerns to keep in mind for marketing campaigns, says Gonzalo Mon at Kelley Drye.

  • What SEC Retreat In Ripple Case Means For Crypto Regulation

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    The U.S. Securities and Exchange Commission has chosen a regulation-by-enforcement approach to cryptocurrency policy rather than through rulemaking, but the agency's recently aborted enforcement action against two Ripple Labs executives for alleged securities law violations demonstrates the limits of this piecemeal tactic, says Keith Blackman at Bracewell.

  • Opinion

    A Telecom Attorney's Defense Of The Chevron Doctrine

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    The Chevron doctrine, which requires judicial deference to federal regulators, is under attack in two U.S. Supreme Court cases — and while most telecom attorneys likely agree that the Federal Communications Commission is guilty of overrelying on it, the problem is not the doctrine itself, says Carl Northrop at Telecommunications Law Professionals.

  • SEC Whistleblower Action Spotlights Risks For Private Cos.

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    The U.S. Securities and Exchange Commission’s recent whistleblower action against Monolith Resources holds important implications for private companies, who could face unprecedented regulatory scrutiny amid the agency's efforts to beef up environmental, social and governance reporting and enforcement, say attorneys at Wiley.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • Best Practices For Defense Tech Startup Financing

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    Navigating the expanding and highly regulated defense technology sector requires careful planning and execution, starting at incorporation, so startups should prepare for foreign investor issues, choose their funding wisely and manage their funds carefully, say attorneys at WilmerHale.

  • Questions Linger Over Texas Business Court's Jurisdiction

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    If parties to a case in Texas' new business court do not agree on whether the court has supplemental jurisdiction over their claims, then those claims may proceed concurrently in another court — creating significant challenges for litigants, and raising questions that have yet to be answered, says Ryan Sullivan at Reichman Jorgensen.

  • Cross-Market Implications In FTC's Anesthesia Complaint

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    The Federal Trade Commission's recent complaint against a private equity firm's acquisition of anesthesiology practices highlights the controversial issue of cross-market harm in health care provider mergers, and could provide important insights into how a court may view such theories of harm, say Christopher Lau and Dina Older Aguilar at Cornerstone Research.

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