The Financial Times Ranks DLA Piper Second Most Innovative and Second Most Digital Law Firm in 2020

“DLA Piper is pleased to announce it was ranked second by the Financial Times for both the Most Innovative and Most Digital law firm in the FT North America Innovative Lawyers 2020 report. The inaugural Most Digital award is based on the firm’s use of data and technology across all aspects of its client service and business. These impressive overall firm rankings are in addition to being commended in four individual categories,” posts DLA Piper in their Newsroom.

“DLA Piper’s pro bono work was included in the ‘Social justice and rule of law section’ of the report. The Financial Times editors noted that the case studies included in the report ‘…reflect some of the best practice emerging’ from law firms that ‘have harnessed the law to overturn inequities.'”

“DLA Piper was cited in this section for its: ‘1,400 hours of pro bono support to food banks and food distribution organisations since January.’ This work included helping with employee safety, supply chains, food storage, applications to the Paycheck Protection Program and advising related to the use of National Guard troops in food distribution. The Financial Times also noted that the firm provides pro bono legal counsel to the UN’s World Food Programme.”

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Texas Hiring Two Law Firms for Google Probe Team

“The Texas attorney general’s office has named The Lanier Law Firm and the law firm Keller Lenkner to the litigation team that would face off against Alphabet’s Google in an expected antitrust lawsuit, the office said on Tuesday,” reports Diane Bartz in Reuters’ Technology News.

“Texas, backed by other states, has long been expected to follow the Justice Department’s lawsuit against Google but unrelated allegations against Attorney General Ken Paxton of bribery and abuse of office led to the departure of several lawyers who were key to the Google investigation.”

“With the new hires, the Texas lawsuit could come as early as this month, according to a source familiar with the office’s planning.”

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2021 Will See the Heat Turned up on Companies and Executives

“2021 will see a sharp rise in climate change litigation against companies and their executives around the world as cases begin to impact more individuals across a broader range of sectors,” writes Emma Ager in Clyde & Co’s Insights.

“Underpinning the rising concern around climate change are a range of cases – in the US more filings by cities and states seeking remediation from companies considered to be contributing to climate change impacts such as rising sea levels or increasing flood risks. In the UK, European, Canadian and Australian courts, by contrast, we are seeing more human rights cases typically brought by young people seeking to hold businesses and governments to account for failing to protect and preserve the environment for their and future generations.”

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General Electric Agrees to Pay $200M Fine for Misleading Investors

“The Securities and Exchange Commission announced Wednesday that General Electric Co. … has agreed to pay a $200 million penalty to settle charges for misleading investors regarding the profitability and risks to some of its core business lines, the agency said.” reports Chris Matthews in MarketWatch’s Economy & Politics.

“The order found that the company misled investors in 2016 and 2017 about the source of profitability in its GE Power business, and failed to inform investors of risks relating to its portfolio of long-term health insurance liabilities between 2015 and 2017.”

“General Electric stock fell 75.7% from the beginning of 2016 through the end of 2018, according to FactSet.”

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Facebook Should be Broken up, FTC and States Allege in Pair of Lawsuits

“Facebook’s purchases of photo service Instagram and messaging app WhatsApp have helped fuel the social media giant’s massive growth. They’ve also prompted concerns from federal and state authorities about Facebook’s dominance in social networking,” reports Queenie Wong in CNET Daily News.

“The uneasiness with Facebook’s power bubbled over on Wednesday as the Federal Trade Commission and 48 attorneys general filed separate lawsuits in federal court accusing Facebook of illegally stifling its competition by snapping up its rivals.”

“The lawsuits are the latest sign that lawmakers and regulators are ratcheting up their scrutiny of the power that tech giants wield. In addition to Wednesday’s actions, the US Department of Justice’s antitrust division has been talking to developers about their interactions with Oculus, the virtual reality headset maker Facebook owns, Bloomberg reported last week. In October, the Justice Department filed a landmark lawsuit against Google for allegedly holding monopolies in both search and search advertising.”

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Salesforce Names Chief Legal Officer Amy Weaver as CFO

“Salesforce.com Inc. is preparing to close what would be its biggest deal ever—and it plans to do so with a new finance chief,” report Nina Trentmann and Mark Maurer in The Wall Street Journal’s CFO Journal.

“San Francisco-based Salesforce, which built a reputation around its customer relationship management software, Tuesday said President and Chief Financial Officer Mark Hawkins intends to retire from his role, effective Jan. 31.”

“The company on Tuesday also confirmed it would buy collaboration platform provider Slack Technologies Inc. in a $27.7 billion transaction.”

“Amy Weaver, president and chief legal officer at Salesforce.com Inc., will become chief financial officer of the company on Feb. 1.”

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Hyundai, Kia Agree to $210M U.S. Auto Safety Civil Penalty

“Hyundai Motor Co and Kia Motors’ U.S. units on Friday agreed to a record $210 million civil penalty after U.S. auto safety regulators said they failed to recall 1.6 million vehicles for engine issues in a timely fashion,” reports David Shepardson in Reuters’ Autos.

“Hyundai agreed to a total civil penalty of $140 million, including an upfront payment of $54 million, an obligation to spend $40 million on safety performance measures, and an additional $46 million deferred penalty if it does not meet requirements.”

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Revlon Avoids Bankruptcy After Getting Bondholder Support

Revlon released that enough bondholders had taken part in its debt restructuring program for the cosmetics maker to stave off bankruptcy.

The company warned that it may be forced to file for chapter 11 bankruptcy protection if a certain amount of its bonds worth $342.8 million were still outstanding by mid-November, as it would trigger the accelerated repayment of other debts.

Holders of about $236 million, or 68.8%, of the company’s outstanding bonds that mature in February had been tendered into an exchange offer by the end of Tuesday.

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Purdue’s Massive Opioid Settlement is Tangled in a Bankruptcy Court Fight

“Purdue Pharma’s massive settlement over claims that it helped spark the opioid crisis is facing pushback in federal court, creating a potential stumbling block for the landmark deal,” reports Bloomberg in the Los Angeles Times’ Business.

“Purdue has agreed to plead guilty to three felonies and pay $8.3 billion to settle federal investigations of how it marketed the painkiller OxyContin. But the deal violates bankruptcy rules because it locks in details of Purdue’s future and forces the hand of other creditors, according to court papers filed by a group of U.S. states and bankruptcy professors.”

“States and cities suing Purdue have been in talks with the bankrupt pharmaceutical giant for months over how to settle thousands of opioid lawsuits. The settlement with the U.S. Department of Justice unveiled last month dictates that Purdue will be repurposed as a public trust after it emerges from bankruptcy, which creditors haven’t agreed to.”

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Johnson & Johnson’s $2B Talc Verdict Stands

“Johnson & Johnson has been defending against claims its talc-based powders cause cancers for years, and, with a new ruling against the drugmaker in Missouri, it’s preparing to challenge a massive verdict at the U.S. Supreme Court,” reports Eric Sagonowsky in Fierce Pharma.

“After a Missouri appeals court this summer lowered a 2018 talc verdict against the drugmaker to $2.11 billion, J&J pledged to appeal to the state’s Supreme Court. That court has now refused to take up the appeal—and J&J says it’ll take its case higher.”

“But it’s far from certain to get a hearing at the U.S. Supreme Court, either. Of the 7,000 cases it’s asked to review each year, the high court takes up 100 to 150 of them, according to U.S. government figures.”

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APPLEVirnetX Takes $503M Bite Out of Apple for Patent Infringement

“… a jury in Tyler, Texas, ordered Apple to pay $502.8 million in royalties for infringing on VirnetX’s patented virtual private network (VPN),” was posted on PYMNTS.com’s Apple.

“The original lawsuit, filed Aug. 11, 2010, alleged that Apple’s FaceTime and VPN On Demand features were using its patented technology. Over the years, VirnetX won various monetary awards, all of which were appealed by Apple, the report stated.”

“Initially, Nevada-based VirnetX was asking for about $700 million in royalties. Apple, however, was looking to pay no more than $113 million, the report stated.”

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Bed Bath & Beyond, Inc., to Pay $1.49M in Settlement of Environmental Violations

“Contra Costa County District Attorney Diana Becton announces a $1,498,750 settlement against New Jersey-based Bed Bath & Beyond, Inc. (‘Bed Bath & Beyond’) as part of a settlement of a civil environmental prosecution,” was posted in East County Today’s California.

“The judgment is the culmination of a civil enforcement lawsuit filed last month in Ventura County Superior Court claiming that more than 200 Bed Bath & Beyond stores throughout the state (including Cost Plus, buybuy BABY, Harmon, Harmon Face Values, World Market, and Cost Plus World Market stores) unlawfully handled, transported and disposed of batteries, electronic devices, ignitable liquids, aerosol products, cleaning agents, and other flammable, reactive, toxic, and corrosive materials, at local landfills that were not permitted to receive those wastes.”

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U.S. Says Google Breakup May be Needed to End Violations of Antitrust Law

“The U.S. sued Google on Tuesday, accusing the $1 trillion company of illegally using its market muscle to hobble rivals in the biggest challenge to the power and influence of Big Tech in decades,” reports Diane Bartz and David Shepardson in Reuters U.S. Legal News.

“The Justice Department lawsuit could lead to the break-up of an iconic company that has become all but synonymous with the internet and assumed a central role in the day-to-day lives of billions of people around the globe.”

“The lawsuit marks the first time the U.S. has cracked down on a major tech company since it sued Microsoft Corp for anti-competitive practices in 1998. A settlement left the company intact, though the government’s prior foray into Big Tech anti-trust – the 1974 case against AT&T – led to the breakup of the Bell System.”

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Ex-Employee Files $1.4 M Suit, Alleging Portland Car Dealership Covered Up Coronavirus Outbreak

“A finance manager at a used car dealership in Portland was fired by his boss during a staff meeting for questioning the company’s alleged cover-up of a coronavirus cluster, a lawsuit claims,” reports Maxine Bernstein in The Oregonian/OregonLive’s Coronavirus.

“Shawn McCrary, 41, of Portland, sued Lapin Motor Co. and owner Leo Lapin in a wrongful discharge and whistleblower suit this month, seeking $1.4 million in damages.”

“McCrary alleges Lapin berated, assaulted and fired him in an ‘alcohol and drug-induced rage’ during an all-staff meeting on July 31.”

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Pilgrim’s Announces Agreement with DOJ Antitrust Division

“Pilgrim’s Pride Corporation … announced that it has entered into a plea agreement with the United States Department of Justice Antitrust Division in respect to its investigation into the sales of broiler chicken products in the United States,” posted Pilgram’s Investor Relations.

“In the plea agreement, which is subject to the approval of the United States District Court of Colorado, Pilgrim’s and the Antitrust Division agreed to a fine of $110,524,140 for restraint of competition that affected three contracts for the sale of chicken products to one customer in the United States. The agreement does not recommend a monitor, any restitution or probationary period, and provides that the Antitrust Division will bring no further charges against Pilgrim’s in this matter, provided the company complies with the terms and provisions of the agreement. Pilgrim’s expects to record the fine as a miscellaneous expense in its financial statements in the third quarter of 2020.”

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Dish Network Sued for Patent Infringement

Cedar Lane Technologies filed a complaint for patent infringement against Dish Network alleging infringed patents-in-suit through its Movies for Purchase feature, reports Kirsten Errick in Law Street Media’s Tech.

“The patents relate to playback of network audio on demand, creating and managing playlists, management of owned and unowned inventory, and translating a device command.”

“Dish Network purportedly infringed the ’443 patent by “making, using, offering to sell, selling and/or importing” its exemplary accused products, such as its Movies for Purchase feature as part of the Video on Demand menu.”

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Nissan’s U.S. Lending Arm to Pay $4 Million Fine Over Improper Repossessions

“Nissan Motor Co’s U.S. lending arm agreed on Tuesday to pay a $4 million U.S. fine to settle a government agency’s allegation that it improperly repossessed hundreds of consumers’ vehicles,” reports David Shepardson in Thomas Reuters’ Autos.

“The Consumer Financial Protection Bureau (CFPB) said that between 2013 and 2019, Nissan Motor Acceptance Corp (NMAC), a subsidiary of the Japanese automaker’s North American unit, ‘wrongfully repossessed hundreds of consumers’ vehicles despite the consumer having made payments’ or taken other actions. Nissan must pay up to $1 million to consumers subject to a wrongful repossession.”

“NMAC repossessed vehicles from consumers who made payments that decreased delinquency to less than 60 days past due or took other steps that should have prevented repossessions, the bureau said, adding NMAC told consumers it would not repossess vehicles if payments were less than 60 days past due.”

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Opioid Manufacturer Mallinckrodt Agrees to $1.6B Settlement

“Connecticut Attorney General William Tong announced Monday that the generic opioid manufacturer Mallinckrodt has agreed to a $1.6 billion settlement to resolve a host of lawsuits that arose in response to tens of thousands of deadly opioid overdoses nationwide fueled, in part, by prescription drugs,” reports Nicholas Rondinone in Hartford Courant’s Breaking News.

“Exactly how the money will be distributed remains under negotiation, Tong said, but the settlement and pressures from the COVID-19 pandemic led the drug maker, one of the largest supplier of generic opioids, to file bankruptcy this week.”

“In the settlement framework, Mallinckrodt has agreed to pay the money into a trust, which will go toward response to the opioid epidemic and help address individual claims against the company for its role in the crisis, Tong’s office said.”

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Johnson & Johnson to Pay $100M in Baby Powder Settlement

“Johnson & Johnson will pay out over $100 million to settle more than 1000 lawsuits that claim the pharmaceutical giant’s baby powder caused cancer,” reports Daniel Cassady in Forbes’ Breaking News.

“The settlement is the first in four years of litigation and nearly 20,000 lawsuits that allege Johnson & Johnson’s baby powder and talc products caused cancer due to asbestos contamination, according to the report.”

“In 2018, a New York Times investigation found Johnson & Johnson had for at least 50 years been aware of possible asbestos contamination in its talc products without telling consumers. Test results detected no greater than 0.00002% of “chrysotile asbestos” in the talc products that were recalled in October. Thousands of lawsuits have been filed against the company by people who claim to have developed mesothelioma and ovarian cancer, both of which are linked to asbestos exposure, after using the company’s talc products.”

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South Florida Lawyer Charged with Fraud Related to 1 Global Capital Investment Scheme

“A Florida attorney and former outside counsel for 1 Global Capital LLC (1 Global), has been charged today with conspiring to commit wire fraud and securities fraud in connection with an investment fraud scheme that, as alleged, impacted more than 3,600 investors in 42 different states, and involved him personally and fraudulently raising more than $100 million from investors,” released the Department of Justice in The United States Attorney’s Office for the Southern District of Florida.

“Andrew Dale Ledbetter, 78, of Fort Lauderdale, Florida, is charged in an information with conspiracy to commit wire fraud and securities fraud. The case is assigned to U.S. District Judge Darrin P. Gayles of the Southern District of Florida.”

“According to the allegations in the information, 1 Global was a commercial lending business based in Hallandale Beach, Florida, that made the equivalent of “pay day” loans with high interest rates to small businesses, termed merchant cash advance loans (MCAs). To fund these loans, 1 Global obtained funds from investors nationwide, offering short-term investment contracts that promised to “place” the investors’ money onto MCAs.”

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