Lawsuits and Litigation
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Courts can’t dismiss cases while they’re in arbitration, SCOTUS says
Smith v. Spizzirri resolves a circuit split over whether the Federal Arbitration Act requires courts to keep a case on the docket while arbitration is pending.
By Robert Freedman • May 17, 2024 -
Rulemaking is the wrong way to get fee transparency, airlines say in DOT lawsuit
An industry coalition accuses the federal government of regulatory overreach for releasing a rule mandating how airlines are to disclose ancillary fees to consumers.
By Robert Freedman • May 14, 2024 -
SCOTUS decision vastly expands potential copyright damages
In a high-profile case involving music popularized by Flo Rida and other rap artists, the top court opens the door to big awards for infringement.
By Robert Freedman • May 10, 2024 -
Red Hat’s DEI program discriminatory, lawsuit says
A senior manager says he was fired for being white and male and retaliated against for his merit-based hiring advocacy.
By Robert Freedman • May 9, 2024 -
Combining CLO with corporate secretary reduces legal problems
The findings of an academic study counter a widespread view that the dual role leads to conflict that can increase risk.
By Robert Freedman • May 1, 2024 -
FTC effort to obtain litigation holds in Amazon case sparks privilege battle
The agency says it needs preservation notices and messaging instructions to gauge the extent of spoliation in its antitrust battle against the company — and whether the spoliation was deliberate.
By Robert Freedman • April 29, 2024 -
Tesla taking novel approach to get $56B Musk pay back on track
The company is relying on a Delaware law that allows for corrections to board decisions marred by technical errors.
By Robert Freedman • April 19, 2024 -
Judge cuts Bayer’s $1.5B Roundup verdict by more than 60%
The crop sciences giant is ramping up its legal defense to fight mounting litigation, which has weighed on its business.
By Sarah Zimmerman • April 9, 2024 -
In-house counsel accused of faking law firm bills to steal $200,000
Tadashi Dumas used deceptive wiring instructions to send money to himself and to entities he had outstanding bills with, the Manhattan District Attorney alleges.
By Robert Freedman • April 4, 2024 -
Baltimore bridge ship owner seeks $43.7M liability limitation
Total cost of the collapsed bridge disaster is expected to be as high as $4 billion, leaving a huge gap if the petition is granted.
By Robert Freedman • April 2, 2024 -
Reinsurers are expected to cover most Baltimore bridge costs
The legal battle will be over who pays for what in the shipping accident that could cost as much as $4 billion.
By Robert Freedman • March 29, 2024 -
Private plaintiffs follow DOJ’s Apple antitrust case with proposed class actions
The lawsuits are substantively similar to the federal government’s, making them dependent on how well the agency fares in breaking up the company’s smartphone stranglehold.
By Robert Freedman • March 25, 2024 -
DOJ faces tough road in Apple antitrust lawsuit
The agency points to its challenge over Microsoft 20 years ago as a legal template, but the two cases differ in important ways, antitrust specialists say.
By Robert Freedman • March 22, 2024 -
DOJ, state AGs sue Apple for monopolization of smart phone market
Apple has maintained monopoly power over smartphones by violating federal antitrust law, Attorney General Merrick Garland says.
By Robert Freedman • March 21, 2024 -
Federal appeals court pauses SEC climate rule implementation
The climate disclosure regulation is now on pause pending a review from the U.S. Fifth Circuit of Appeals, as the first of multiple challenges yields action.
By Lamar Johnson • March 19, 2024 -
DOJ said to be opening can of worms with whistleblower awards
In a criminal context, the Department of Justice faces hurdles maintaining the anonymity of people coming forward, exposing them to credibility challenges.
By Robert Freedman • March 12, 2024 -
Federal judge says Christian employers don’t have to cover gender transition
Mandates requiring Christian employers to provide gender-affirming healthcare violate their sincerely held religious beliefs, the judge held.
By Laurel Kalser • March 11, 2024 -
Musk looked for cause after axing top Twitter execs, lawsuit claims
The billionaire fired them to deny them their severance benefits in an act of pique, say the former CEO, CFO, CLO and GC.
By Robert Freedman • March 5, 2024 -
Third-party funding gives GCs options should the economy slow
Accelerating judgments is one way finance deals are helping legal leaders bring value to their organizations.
By Robert Freedman • March 1, 2024 -
"1099 14th Street – National Labor Relations Board" by Geraldshields11 is licensed under CC BY-SA 3.0
NLRA protects nonunionized workers, 3rd Circuit ruling reminds employers
A manager unlawfully interfered with workers’ rights when he allegedly threatened them over discussing race-based mistreatment, the appeals court held.
By Laurel Kalser • Feb. 27, 2024 -
Biometric privacy settlements spark insurance coverage battles
Insurers are having mixed success getting out of paying claims for high-dollar settlements under the Illinois Biometric Privacy Act.
By Lisa Burden • Feb. 26, 2024 -
NRA general counsel not out of the woods yet
John Frazer can keep his job as top legal officer of the embattled gun-rights group but he could be banned from charitable fundraising in the state.
By Robert Freedman • Feb. 26, 2024 -
FTC files suit to stop Kroger-Albertsons merger
Nine attorneys general have joined the federal court complaint, which claims that the deal would boost grocery prices and hurt workers.
By Sam Silverstein , Jeff Wells • Updated Feb. 26, 2024 -
GCs urged to act before employees become whistleblowers
By shifting the burden to employers, the Supreme Court’s Murray v. UBS ruling makes it crucial that executives not let employees feel ignored when they report concerns.
By David Weisenfeld • Feb. 23, 2024 -
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 Robert Freedman • Feb. 22, 2024