Lawsuits and Litigation
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SEC levies over $3M in civil fines for whistleblower rule violations
Seven companies had required employees to waive their right to receive financial rewards from reporting misconduct to regulators.
By Justin Bachman • Sept. 9, 2024 -
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J&J breached earnout promises, costing it $1B in robotic device deal
The company also acted fraudulently by omitting a material fact in the deal to buy medical device maker Auris, a Chancery Court decision finds.
By Robert Freedman • Sept. 6, 2024 -
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Ex-Discover exec alleges age, gender bias in lawsuit
Diane Offereins is suing the card network over roughly $7 million in clawed-back equity, claiming she was a “convenient scapegoat” for Discover’s card misclassification issue.
By Caitlin Mullen • Sept. 5, 2024 -
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Coca-Cola must face greenwashing lawsuit: D.C. Appeals Court
The appeals court reversed a prior dismissal, ruling environmental nonprofit Earth Island Institute made plausible allegations the beverage company overstates its environmental efforts.
By Lamar Johnson • Sept. 4, 2024 -
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Court ruling limits EU regulators’ merger review power
The European Commission lacked oversight authority to examine the proposed sale of a cancer-detection company to biotech company Illumina, the court found.
By Justin Bachman • Sept. 4, 2024 -
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Nevada favors directors and officers while Delaware favors shareholders, analysis finds
Both incorporation hubs try to get the right balance of protections for stakeholders but the way they do it leads to different biases.
By Robert Freedman • Sept. 3, 2024 -
Courtesy of Grail
Illumina avoids fine for Grail purchase in European court victory
Illumina will avoid a penalty of 432 million euros after a court ruled the European Commission did not have jurisdiction to challenge the company’s Grail acquisition.
By Susan Kelly • Sept. 3, 2024 -
Brandon Bell via Getty Images
American Sustainable Business Council sues Texas over anti-ESG law
The organization alleged that the 2021 law violates its members rights to speech and free association, as well as due process, and are seeking an injunction.
By Lamar Johnson • Aug. 29, 2024 -
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RealPage lawsuit opens a new antitrust front for pricing algorithms
The rise of Big Data across the economy raises antitrust concerns, especially where companies are sharing sensitive proprietary data, legal experts say.
By Justin Bachman • Aug. 28, 2024 -
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Deer Park water owner has microplastics greenwashing suit dismissed
Earlier this month, a federal judge ruled that the class-action complaint against BlueTriton was preempted by federal law, but the plaintiffs recently amended their complaint.
By Lamar Johnson • Aug. 27, 2024 -
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Hawaii $4B fire settlement would prevent insurers’ clawback claims
A deal to resolve hundreds of lawsuits from the devastating 2023 Maui fires could collapse without a resolution on insurers’ recoupment rights against defendants.
By Justin Bachman • Aug. 27, 2024 -
Kate Tornone/Legal Dive
5th Circuit tosses DOL’s tip credit final rule
The department’s “80/20” guidance for dual job workers is inconsistent with the Fair Labor Standards Act, the court held.
By Ryan Golden , Aneurin Canham-Clyne • Aug. 26, 2024 -
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Chipotle ruling exposes murky future of mandatory arbitration
The 8th Circuit’s ruling that a sexual assault claim must go to court sheds light on how the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act has shaken up arbitration law.
By David Weisenfeld • Aug. 26, 2024 -
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FTC exceeded its authority with noncompete ban, judge says
The agency’s rulemaking under Sec 6(g) of the FTC Act is procedural, not substantive, Judge Ada Brown of Texas federal court says, blocking a nationwide rule that would have taken effect shortly.
By Robert Freedman • Aug. 21, 2024 -
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Friend or foe: Unpacking what the amicus briefs say about the SEC’s climate rule
Amicus briefs in the Securities and Exchange Commission’s ongoing lawsuit concerning its climate disclosure rule find institutional investors and businesses largely on opposite sides.
By Lamar Johnson • Aug. 20, 2024 -
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Kroger says FTC’s effort to block merger with Albertsons is unconstitutional
The grocer claims the agency’s administrative proceeding alongside its federal lawsuit challenging the deal is “an inappropriate attempt to receive multiple opportunities to litigate the same issues.”
By Catherine Douglas Moran , Sam Silverstein • Updated Aug. 19, 2024 -
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FTC noncompete ban suffers another blow
The ruling — which applies only to one Florida-based real estate broker — comes just weeks before the ban is slated to take effect.
By Ryan Golden • Aug. 19, 2024 -
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Adidas wins dismissal of shareholder suit over Kanye West conduct
A federal judge ruled the German apparel maker did not mislead investors about its stock ahead of the fashion designer’s public meltdown in 2022.
By Justin Bachman • Aug. 19, 2024 -
Justin Sullivan via Getty Images
Nvidia, OpenAI face YouTube creator lawsuits for using online videos
A video creator alleges that the companies scraped his videos, and millions of others, without permission to help train their generative AI learning models.
By Justin Bachman • Aug. 16, 2024 -
Justin Sullivan via Getty Images
United Airlines gets sustainable fuel greenwashing lawsuit tossed
A federal court dismissed a class-action suit brought against the airline that alleged it deceptively advertised its sustainable aviation fuel efforts.
By Lamar Johnson • Aug. 15, 2024 -
Brandon Bell via Getty Images
Texas sues GM for selling customer driving data
The automaker failed to tell buyers it was selling their driving data to help insurers analyze driving behavior, according to a Texas AG lawsuit.
By Justin Bachman • Aug. 14, 2024 -
Mario Tama via Getty Images
Vote revives J&J’s hope of getting talc bankruptcy back on track
More than 75% of people who have cancer claims against Johnson & Johnson approved a plan to settle their litigation in a $6.5B bankruptcy package.
By Robert Freedman • Aug. 13, 2024 -
On-again, off-again relationship didn’t doom employee’s harassment claim, 4th Circuit says
A material issue of fact existed as to when a sales representative last called it quits with a company owner, the court held, leading to reversal of summary judgment for the employer.
By Ryan Golden • Aug. 12, 2024 -
Brendan Smialowski / Stringer via Getty Images
SEC defends its authority for climate disclosure rule in court
The agency said its climate rule will help to better inform investors with “more detailed, consistent, and comparable information” in replying to legal challengers.
By Lamar Johnson • Aug. 8, 2024 -
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Musk’s X site sues advertisers alleging a widespread boycott
The social media platform’s antitrust suit accuses a global advertising group and four companies of an “illegal boycott” that siphoned away billions in ad sales.
By Justin Bachman • Aug. 6, 2024
