Lawsuits and Litigation

  • Gregory Garre, latham and watkins, 2024 scotus term
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    Andrew Harnik via Getty Images
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    SCOTUS term presented mixed bag for businesses

    In a high-stakes term, the justices curtailed the power of government agencies and also handed notable wins and losses to businesses, says a former solicitor general.

    By David Weisenfeld • July 26, 2024
  • Kroger storefront
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    Courtesy of Kroger
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    Kroger and Albertsons merger temporarily halted by Colorado judge

    The grocers have agreed not to close their deal until after the state court rules on a lawsuit brought by Colorado’s attorney general aiming to stop their combination.

    By Catherine Douglas Moran , Sam Silverstein • Updated July 25, 2024
  • The front facade of the Oklahoma State Capitol building.
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    Elizabeth Lara via Getty Images
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    Oklahoma judge permanently blocks state’s anti-ESG law

    The ruling extends a temporary injunction against the law issued in May, though Oklahoma Attorney General Gentner Drummond said he will bring an appeal to the state Supreme Court.

    By Lamar Johnson • July 23, 2024
  • AI-washing, Oddity
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    Poca Wander Stock via Getty Images
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    Questions over AI claims likely mean a lawsuit is coming, D&O specialist says

    If investors suspect a company is being disingenuous about its use of the new technology, don’t be surprised if their next step is a securities claim, the head of an insurance intermediary says.

    By • July 23, 2024
  • Securities and Exchange Commission, SEC, Building in Washington DC
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    qingwa via Getty Images
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    Judge deals major blow to SEC’s cybersecurity enforcement stance

    “The decision substantially limits the SEC’s authority to challenge a company’s cybersecurity program,” attorney Mark Schonfeld said.

    By Alexei Alexis • July 23, 2024
  • Arnold & Porter analysis, Trifecta v. WCG, earn-out clauses
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    Pichsakul Promrungsee via Getty Images
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    Buyers advised not to oversell help to a seller facing earn-out goals

    Even if the promises aren’t formalized in the purchase agreement, they can come back to bite you, attorneys say in an analysis of a contractual case.

    By • July 22, 2024
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    Alfexe via Getty Images
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    Deep Dive

    Why in-house counsel and law firms are warming up to litigation funders

    The dispute-financing industry is poised for growth as legal departments seek to evolve their reputation as pure cost centers.

    By • July 21, 2024
  • SolarWinds
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    Photo illustration by Danielle Ternes/Legal Dive; photograph by ismagilov via Getty Images
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    Majority of SEC civil fraud case against SolarWinds dismissed, but core remains

    The court ruling related to claims leading up to and immediately following the 2020 Sunburst supply chain hack.

    By David Jones • July 18, 2024
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    Bryan Bedder via Getty Images
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    Beastie Boys sue Chili’s parent Brinker over ‘Sabotage’ video

    The rappers contend that the restaurant chain appropriated their 1994 hit and music video for social media use without permission.

    By • July 15, 2024
  • Supreme Court decisions
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    Supreme Court term showed justices’ ‘project’ to reallocate power, lawyers say

    The court disrupted regulatory agencies with its major business rulings, although federal courts may need to offer new stability, according to a legal panel.

    By • July 11, 2024
  • A close-up of DOL Deputy Secretary Julie Su
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    Chip Somodevilla via Getty Images
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    Labor Department, challengers argue over ESG rule’s tiebreaker standard post-Chevron

    A lawyer for the agency said he believes “the logic of the District Court's opinion would produce the same result” under the Loper Bright ruling.

    By Lamar Johnson • Updated July 10, 2024
  • The federal courthouse in Los Angeles.
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    (John Salzaruo) via Getty Images
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    NFL says multiple errors mar $4.7B Sunday Ticket jury award

    The federal jury’s “speculation and guesswork” on damages plus mistakes by the court require a new trial, the league argues.

    By • July 9, 2024
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    Joe Raedle / Staff via Getty Images
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    Visa-Mastercard settlement generates thousands of claim conflicts

    Lawyers hope a court-approved extension of the claims filing deadline will provide time for resolution of conflicts and allow other business owners to file new claims in the interchange fee case.

    By Lyle Moran • July 9, 2024
  • Boeing 737 Max aircraft are shown during production in Renton, Washington.
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    (Photo by Stephen Brashear/Getty Images) via Getty Images
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    Boeing would become a felon under DOJ plea deal

    The aerospace and defense giant would plead guilty to one criminal count, pay a $244 million fine and operate under an oversight monitor for three years.

    By • July 8, 2024
  • Gene Levoff fined for using inside knowledge to trade on the company's stock years ago
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    Justin Sullivan via Getty Images
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    Former Apple lawyer fined 10% of personal net worth for insider trading

    Gene Levoff, who oversaw the company’s insider trading compliance program, pleaded guilty four years ago. The $1.15M fine comes on top of $604,000 in forfeited profits and avoided losses.

    By • July 3, 2024
  • Novant, Community Health
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    mphillips007 via Getty Images
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    Novant axes hospital deal after FTC pressure

    The agency has likely exacerbated the problem it’s trying to solve by leaving an under-resourced business with no lifeline to save it, critics say.

    By • July 2, 2024
  • NFL Sunday Ticket trial
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    Damian Dovarganes/AP

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    NFL slammed with $4.7B verdict in Sunday Ticket antitrust case

    A Calif. jury found that the NFL colluded to overcharge fans with its arrangement for selling access to out-of-market games.

    By • June 28, 2024
  • Tesla co-founder Elon Musk speaks at the Milken Institute's Global Conference May 6, 2024 in Beverly Hills, Calif.
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    Apu Gomes via Getty Images
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    Tesla heads back to court still hoping to pay CEO Elon Musk billions

    The EV maker is hoping that a second shareholder approval of Musk’s record compensation package will influence a Delaware court.

    By • June 25, 2024
  • Deere and Co.
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    Permission granted by Deere and Co.
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    Deere to pay $1.1M over racial discrimination allegations

    The company was cited for allegedly discriminating against 277 Black and Hispanic job applicants at facilities in Illinois and Iowa.

    By Kate Magill • June 20, 2024
  • funding contest open only to Black women is likely discriminatory, says 11th Circuit
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    11th Cir. deals another blow to corporate DEI programs

    The federal appellate court ruled 2-1 that a competition designed to award grants to businesses owned by Black women likely violates federal civil rights law. 

    By David Weisenfeld • June 20, 2024
  • Prices are displayed at an ExxonMobil gas station
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    Brandon Bell via Getty Images
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    Federal court dismisses ExxonMobil lawsuit against activist shareholder

    Judge Mark Pittman said “second time’s the charm” for Arjuna Capital, and ruled the case to be moot following the investor’s pledge to not submit climate proposals to the energy giant.

    By Lamar Johnson • June 18, 2024
  • A workplace poster published by the U.S. Equal Employment Opportunity Commission is displayed featuring the EEOC logo.
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    Kate Tornone/Legal Dive
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    Judge dismisses states’ challenge of EEOC’s pregnancy accommodation rule

    The plaintiffs took issue with accommodations for elective abortions but failed to show the rule was likely to cause any alleged sovereign or economic harm, the court held.

    By Ryan Golden • June 17, 2024
  • A close up view of a stack of visa bank cards.
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    Justin Sullivan via Getty Images
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    Landmark Visa, Mastercard lawsuit settlement in peril

    The judge's likely rejection would scuttle a $29.79 billion deal that was two decades in the making.

    By James Pothen • June 14, 2024
  • Starbucks-Labor Unions
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    (Photo by Scott Olson) via Getty Images
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    Starbucks wins Supreme Court backing in unfair labor practice case

    The unanimous ruling makes it more difficult for the NLRB to force companies to reinstate workers fired for union organizing.

    By David Weisenfeld • June 13, 2024
  • The headquarters of the U.S. Equal Employment Opportunity Commission in Washington, D.C.
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    Ryan Golden/Legal Dive
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    Honolulu restaurant, HR company settle EEOC suit claiming co-owner targeted gay workers for harassment

    The co-owner allegedly exposed his genitals at work, asked for oral sex and commented on male workers’ sexual orientation, EEOC said.

    By Ginger Christ • June 13, 2024