Lawsuits and Litigation


  • affirmative recovery programs
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    Bill Oxford via Getty Images
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    CFOs, GCs not always in sync over litigation

    The two sides agree costs are getting higher and need to be lowered but they differ on who decides what cases to pursue, a survey shows.

    By Feb. 22, 2024
  • Calculating claims reserves
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    Duncan_Andison via Getty Images
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    Opinion

    Using AI to estimate claim exposure

    By combining their legal insight with technology’s ability to speed through complex calculations, in-house attorneys can help ensure their claim reserves are accurate.

    By Jonathan Judge • Feb. 15, 2024
  • A white computer keyword with a lock, a California shape and the text California Consumer Privacy Act
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    Cristian Storto Fotografia via Getty Images
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    California privacy agency can enforce updated regulations, court rules

    Businesses are urged to review their privacy practices to make sure they are in compliance with all elements of the California Consumer Privacy Act.

    By Feb. 14, 2024
  • 180 Life
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    Designer491 via Getty Images
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    SEC subpoena as ‘black box’ puts D&O insurers on the hook, at least for now

    Providers must advance defense costs to a company until it becomes clear whether former officials’ potential misconduct occurred before, or after, the company changed hands.

    By Feb. 14, 2024
  • A compliance and regulation concept
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    Parradee Kietsirikul via Getty Images
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    61% of organizations faced regulatory proceedings in 2023, report finds

    Survey respondents said state and federal regulatory changes are contributing to fears about increased exposure to regulatory disputes, according to Norton Rose Fulbright.

    By Feb. 13, 2024
  • license caps
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    Sean Gallup via Getty Images
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    US cities unlikely to follow Toronto’s bruising effort to curb Uber

    The company hit back forcibly when Canada’s largest city tried to cap the number of ride-hailing licenses it grants. 

    By Ramona Dzinkowski • Feb. 8, 2024
  • A class action complaint legal filing
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    Bill Oxford via Getty Images
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    Data breach class actions are on the rise, report finds

    The data breach cases also presented difficulties for the courts around issues of standing and uninjured class members, the Duane Morris report found.

    By Feb. 6, 2024
  • disability discrimination
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    Inna Dodor via Getty Images
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    ‘Honest belief’ defense goes up in smoke in employee hemp case

    An appeals court sent a case back after finding an employer didn’t investigate an employee’s claim he tested positive for THC because of a hemp product he was taking.

    By Feb. 6, 2024
  • A statue of a woman holding the balance of justice
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    Stock via Getty Images
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    Court won’t enforce arbitration agreement because employee signed ‘No refused’

    The employee’s continued employment wasn’t enough to compel arbitration because the agreement expressly required her signature, the 11th Circuit said.

    By Laurel Kalser • Feb. 5, 2024
  • Clayton Act
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    Designer491 via Getty Images
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    Companies face a tougher antitrust burden than feds, DOJ official says

    The government only has to show a reasonable probability a merger will substantially reduce competition; companies have to show no threat to competition would remain.

    By Feb. 5, 2024
  • Mark Cuban speaking on stage
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    Anna Webber via Getty Images
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    EEOC commissioner schools Mark Cuban on Title VII hiring practices

    In a series of tweets, Andrea Lucas noted that characteristics like race and sex “can’t even be a ‘motivating factor’” in hiring.

    By Ginger Christ • Feb. 1, 2024
  • Pay package lawsuit
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    Win McNamee / staff via Getty Images
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    Judge nixes Elon Musk’s record pay package as unfair to Tesla

    The high-profile CEO and the company’s board breached their fiduciary duty by allowing Musk, as a conflicted controller, to set his own terms.

    By Jan. 31, 2024
  • Chancery case
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    Scott Olson via Getty Images
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    Majority shareholder has limited fiduciary duties, Chancery Court says

    The ruling also makes clear that, when a majority shareholder blocks a board decision, the shareholder’s action is subject to an enhanced level of court review.

    By Jan. 29, 2024
  • The facade of the Library Hotel at 299 Madison Avenue.
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    Retrieved from Library Hotel on January 29, 2024
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    ADA can override workplace policies, EEOC reminds employers

    A Manhattan hotel has paid $42,000 to settle claims it refused to allow a front-desk clerk to sit down.

    By Emilie Shumway • Jan. 29, 2024
  • bankruptcy, state AGs
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    Justin Sullivan via Getty Images
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    $700M AGs settlement resolves only portion of J&J talc liability

    Johnson & Johnson faces billions of dollars more as some 50,000 private claims remain as the company tries to keep its controversial bankruptcy strategy alive.

    By Jan. 24, 2024
  • Macquarie v Moab
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    Kevin Dietsch / Staff via Getty Images
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    SCOTUS might not give investors broad right to sue for narrative omissions

    If the top court were to interpret an omission of information in the narrative portion of companies’ filings as a misleading statement under securities law, investors would have more opportunity to sue.   

    By Jan. 17, 2024
  • A lomography style photo of a Christmas tree in an outdated fluorescent-lit building
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    carneadele via Getty Images
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    Racist trophy at holiday party costs employer $22,500

    On top of monetary damages, the auto company’s settlement with the EEOC requires racial discrimination and harassment training.

    By Caroline Colvin • Jan. 16, 2024
  • DEI
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    Spencer Platt / Staff via Getty Images
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    Turning DEI policies into aspirations unlikely to stem bias lawsuits

    Companies face challenges from conservative anti-bias groups even after replacing explicit diversity, equity and inclusion goals with more broadly characterized aims.

    By Jan. 16, 2024
  • A Uniqlo store is pictured while patrons walk through it.
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    Mario Tama/Getty Images via Getty Images
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    Uniqlo sues Shein over viral mini shoulder bag

    Fast Retailing-owned Uniqlo is asking Shein to cease its production of the alleged dupe.

    By Laurel Deppen • Updated Jan. 16, 2024
  • Mannequins are seen through the windows of a storefront for What Goes Around Comes Around.
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    Bryan Bedder/Getty Images for Rachel Zoe via Getty Images
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    5 fashion lawsuits to watch in 2024

    As e-commerce and resale gain popularity, and companies face shareholder pressure, there's no shortage of courtroom drama.

    By Laurel Deppen • Jan. 10, 2024
  • in-house counsel 2024
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    new look casting via Getty Images
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    Deep Dive

    6 in-house legal trends to watch in 2024

    AI, labor, antitrust, bankruptcies, women GCs and cross-collaboration are among the headlines in-house counsel can expect this year.  

    By Lyle Moran and Robert Freedman • Jan. 9, 2024
  • A stack of papers says "legal malpractice" on the top page and sits next to a judge's gavel.
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    designer491 via Getty Images
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    Opinion

    Should you sue your lawyer for malpractice? Four questions to ask

    If a lawyer’s bad conduct harms your company, a malpractice suit may be a great way to make your company whole. 

    By Bill Zapf and Matt Kaiser • Jan. 5, 2024
  • A close-up shot of a woman's hands, handling a syringe of insulin.
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    ClarkandCompany via Getty Images
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    UPS will pay $150K to settle claims it fired diabetic employee after he asked for breaks, EEOC says

    In addition to the payment, it agreed to train the HR department on how to properly respond to a request for a reasonable accommodation.

    By Laurel Kalser • Jan. 4, 2024
  • Open AI, ChatGPT, copyright infringement
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    Mario Tama via Getty Images
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    NYT said to be using ChatGPT copyright suit as negotiating tactic

    The company is less interested in going to trial than generating licensing revenue from the use of its content in training GenAI tools, a tech specialist says.

    By Jan. 3, 2024
  • A wooden Google logo hangs at a stand at the 2022 Re:publica digital society festival on June 09, 2022 in Berlin, Germany.
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    Sean Gallup via Getty Images
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    How Google’s settlement will change in-app payments

    Google’s settlement with attorneys general includes a lengthy list of changes the tech titan must make in its approach to in-app payments.

    By Lynne Marek • Jan. 2, 2024