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

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 Lyle Moran • Feb. 6, 2024

‘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 Robert Freedman • Feb. 6, 2024

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

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 Robert Freedman • Feb. 5, 2024

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

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 Robert Freedman • Jan. 31, 2024

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 Robert Freedman • Jan. 29, 2024

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

$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 Robert Freedman • Jan. 24, 2024

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 Robert Freedman • Jan. 17, 2024

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

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 Robert Freedman • Jan. 16, 2024

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

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

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

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

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

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 Robert Freedman • Jan. 3, 2024

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

EEOC inks $90K age discrimination settlement for 49-year-old rejected for sales job

Despite the provisions of the Age Discrimination in Employment Act, commentators have long described age discrimination as one of the more persistent forms of workplace bias.

By Ryan Golden • Dec. 19, 2023

McDonald’s, KFC, Burger King, Wendy’s franchisees face ‘convict leasing’ suit

Incarcerated workers are suing Alabama and employers, including franchisees of major restaurant chains, over an alleged system of coerced labor.

By Aneurin Canham-Clyne • Dec. 14, 2023

Nuns take on big guns, sue Smith & Wesson board over AR-15 sales

Environmental law professor Victor Flatt said he expects to see more derivative suits filed over environmental, social and governance factors going forward.

By Lamar Johnson • Dec. 13, 2023

Deleted messages bedeviled Google in its loss to Epic

The judge in the antitrust case reportedly told jurors to assume the search giant was hiding unfavorable communications by allowing internal messages to delete automatically. 

By Robert Freedman • Dec. 12, 2023

ADA discrimination standing stays murky after SCOTUS rules case moot

Lower courts remain split on whether someone can sue for lack of accessibility information even if the person filing the complaint has no intention of going to the company’s physical location. 

By Robert Freedman • Dec. 6, 2023