Lawsuits and Litigation
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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 Justin Bachman • June 25, 2024 -
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 -
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 -
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 -
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 -
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 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 -
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 -
In-house counsel neck-deep in J&J’s ‘fraudulent’ two-step talc maneuver, complaint says
Although they aren’t named as individual defendants, company lawyers are material witnesses and their communications not privileged, a proposed class action lawsuit against Johnson & Johnson says.
By Robert Freedman • May 23, 2024 -
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