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Facebook can't use Google's win against advertisers and publishers that challenged its digital advertising business as a way to escape parallel antitrust lawsuits, the Federal Trade Commission and state attorneys general told a D.C. federal judge Friday.
Opioid maker Mallinckrodt plc's proposed Chapter 11 disclosures have come under fire by the representative of future opioid claimants, who said personal injury claimants will not have enough say, and the U.S. government, which claimed the proposed plan mishandles Medicare liabilities.
Two women have failed to convince the New Jersey Supreme Court to wade into a Third Circuit dispute over whether a Garden State rule capping contingent fees should apply to class claims that their ex-lawyers received excessive attorney fees in Texas in pelvic mesh litigation against Johnson & Johnson and its Ethicon unit.
The Third Circuit said it won't reconsider its decision holding Tate George, a former NBA player currently in prison for wire fraud, liable for around $79,000 in income taxes and penalties.
A Mattel Inc. stockholder has sued the toymaker's directors and others in Delaware Chancery Court on the company's behalf, alleging a cover-up of a tax error that understated by $109 million the company's late-2017 income and net loss, eventually triggering investigations and a 16% stock fall.
Shutterfly didn't issue a misleading proxy statement ahead of its $2.7 billion sale to private equity giant Apollo Global, a Third Circuit panel held Friday, affirming a Delaware federal court's decision tossing investors' proposed securities class action against the image-sharing company.
Delaware's Chancery Court is exiting the pandemic emergency in a "great position to tackle the challenges ahead" after a year of litigating remotely, but is also facing a growing and more-complex docket, according to newly minted Chancellor Kathaleen S. McCormick, who assumed leadership of the court this month.
A Third Circuit Court of Appeals panel found Friday that a film production contract between a producer and The Weinstein Co. is not an executory contract, upholding two lower court rulings that the buyer of the former debtor's assets isn't on the hook for $400,000 in prebankruptcy obligations.
The Third Circuit on Friday revived a proposed class action accusing Group Health Inc. of deceiving New York City employees about their health benefits plan terms, reasoning that the suing consumer met the pleading requirements under the applicable law.
World Wrestling Entertainment Inc. has been slammed with a lawsuit in Delaware federal court claiming that the company's streaming platform infringes a series of media streaming patents.
A Delaware bankruptcy judge on Friday signed off on video streaming service MobiTV Inc.'s $23 million going-concern sale to TiVo Corp. after being told the deal was unopposed and had brought on a settlement between the company's secured and unsecured creditors.
A group of makers and distributors of Mallinckrodt PLC's opioids have asked a Delaware bankruptcy judge to reject the company's Chapter 11 plan disclosures for lack of clarity and because they would allow Mallinckrodt to pick and choose its contractual obligations.
The attorneys general from 22 states and the District of Columbia wrote to the U.S. Department of Health and Human Services to support undoing the Trump administration's so-called gag rule that barred federally funded health care providers from making referrals or offering counseling for abortions.
A customer of bankrupt aerospace equipment supplier TECT Aerospace Group Holdings Inc. told a Delaware judge late Thursday that it wants its confidential information and the technical details for its aircraft protected as the debtor looks to sell its assets.
Customer service rivals [24]7 and LivePerson will face off next week before a California jury in a case that alleges [24]7 misappropriated trade secrets to secure outsourcing deals with Sears, Capital One and Optus — plus, a look at all the other major intellectual property matters that are on deck for the coming week.
Venezuela and its state-owned oil interests have urged the U.S. Third Circuit Court of Appeals to overturn a lower court ruling in Delaware that a court writ of attachment is insufficient security for an appeal of a billion dollar-plus sale of stock in Citgo's parent company to settle a judgment.
Shareholders of digital government services company NIC Inc. on Thursday dropped their bid to block a $2.3 billion merger with software provider Tyler Technologies, just short of three months after launching the effort to tank the deal.
The COVID-19 pandemic forced millions of women out of the U.S. labor force, many because they lacked child care options. But it also pushed family life and caregiving to the forefront in a way that may lead to broader legal protections for workers who provide care for family members, experts say.
The Federal Trade Commission has urged the U.S. Supreme Court not to review a Third Circuit ruling that AbbVie delayed generic versions of its testosterone treatment AndroGel through sham litigation.
A Chapter 11 litigation trustee for remnants of Elk Petroleum Inc. and its affiliates has sued four former top officers in Delaware's bankruptcy court on eight counts seeking damages ranging from $2.5 million to $32 million for financial "pilfering" and "gross" pre-bankruptcy governance failures.
A former hospitality company executive who was convicted of stealing from his previous employer and evading taxes cannot reduce the roughly $13.8 million he owes to the business by the amount of a civil settlement after the Third Circuit said he failed to show a credit is warranted.
A June 28 deadline for creditors of bankrupt pharmaceutical company Mallinckrodt to file proofs of claim against the company overcame objections from a group of plaintiffs alleging price-fixing damages Thursday, with a Delaware judge saying opposition to the debtor's proposed noticing procedures was unfounded.
Counsel representing the Boy Scouts of America and its tort claimants squared off Wednesday before a Delaware bankruptcy judge over whether the time has come to allow alternatives to the organization's proposed Chapter 11 plan.
L'Oreal and hair care company Olapex have reached a settlement roughly two weeks after the Federal Circuit overturned a $66 million trade secrets and patent judgment against L'Oreal over a hair bleaching method, the companies told the District of Delaware on Wednesday.
A former United Airlines employee has hit Marriott with an Illinois state court defamation suit claiming he lost his job because hotel workers in Delaware falsely accused him of violating coronavirus safety policies that didn't exist at the time.
The use of representations and warranties insurance in M&A; could result in waiver of the attorney-client privilege, but policyholders can do a number of things to minimize disclosure of transaction-related information when negotiating the insurance policy and after a claim arises, say attorneys at Bass Berry.
Alex Oh’s abrupt departure from the U.S. Securities and Exchange Commission and admonishment by a D.C. federal judge over conduct in an Exxon human rights case demonstrate three major costs of incivility to lawyers, and highlight the importance of teaching civility in law school, says David Grenardo at St. Mary's University.
Opinion
The federal rule that permits the use of business records as evidence must be amended to address the unreliability of electronically stored information and inconsistent court frameworks on email admissibility, say Josh Sohn and Nadia Zivkov at Stroock.
In its recent Concepts America decision, the Illinois bankruptcy court didn't settle the debate over Chapter 7 substantial contribution claims, but provided useful guidance regarding a conflict that is likely to continue absent appellate precedent or legislative action, say Daniel Merrett and Mark Douglas at Jones Day.
Following the spike in gasoline prices from the Colonial Pipeline cyberattack, consumers and state regulators may draw on pandemic-related experiences to shape price-gouging claims, but businesses can do the same to ensure compliance with state laws and lay the foundation for a solid litigation defense, say attorneys at Proskauer.
Recent, potentially overlooked federal district court decisions expanding the scope of a patent litigation preclusion doctrine demonstrate that parties must consider the long-reaching preclusive impact of dismissing suits with prejudice when drafting terms of settlement agreements, say attorneys at Akin Gump.
Opinion
In resolving the issues presented in Goldman Sachs v. Arkansas Teacher Retirement System, the U.S. Supreme Court should consider the infrequency with which class certification is denied in securities class actions, and the high costs inflicted on publicly traded companies and their investors, say Jared Gerber and Allison Kim at Cleary.
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Katherine Forrest's new book, "When Machines Can Be Judge, Jury, and Executioner," raises valid transparency concerns about artificial intelligence tools used by judges when making bail and sentencing decisions, but her argument that such tools should be rejected outright is less than convincing, says U.S. District Judge Xavier Rodriguez of the Western District of Texas.
Opinion
Aggressive investor demands for progress on important social issues are being met by direct responses from both companies and regulators, demonstrating shareholders' significant power to fix a broken corporate culture, says Rebecca Boon at Bernstein Litowitz.
The Southern District of New York's recent Wilmington Trust v. Stout Risius opinion offers a cautionary tale on how an employee stock ownership plan trustee's failure to perform fiduciary duties can ignite a whole new level of litigation concerns, including state law claims not preempted by the Employee Retirement Income Security Act, say attorneys at Chamberlain Hrdlicka.
A flexible work environment will be key to recruiting and retention efforts post-pandemic, so law firms must develop comprehensive policies that solidify expectations and boundaries on accommodations such as flextime, remote work and reduced hours, says Manar Morales at the Diversity & Flexibility Alliance.
Two recent Delaware Chancery Court decisions concerning attempts to cancel acquisitions amid COVID-19 show the importance of deal language in the pandemic era, particularly where material adverse effect and ordinary course covenants are concerned, say attorneys at Fried Frank.
Five years after the enactment of the Defend Trade Secrets Act, work remains to be done on achieving uniformity across jurisdictions, because state law differences being imported into the DTSA are creating the same patchwork of law the act was intended to rectify, say attorneys at MoFo.
A Massachusetts federal judge’s recent rebuke of the state Attorney General’s Office for refusing to respond to discovery requests in Alliance for Automotive Innovation v. Healey highlights six important considerations for attorneys who want to avoid the dreaded benchslap, say Alison Eggers and Dallin Wilson at Seyfarth.
Case law and data reveal that, five years after its enactment, the Defend Trade Secrets Act has opened up federal courts to litigants and has proven effective against extraterritorial misappropriation, while concerns about inconsistency and overuse of ex parte seizures have not borne out, say attorneys at Crowell & Moring.
