The Latest

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  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.  

  Lawsuits and Litigation

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  FTC targets ‘junk patents’ on Ozempic, other top drugs

  The move broadens the antitrust regulator’s campaign against allegedly “improper or inaccurate” patent listings by drugmakers to include top-selling medicines for weight loss, diabetes, asthma and COPD. 

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  Every Dropbox Sign user stung in cyberattack

  An attacker intruded the electronic signature platform’s production environment and accessed a trove of user data, including OAuth tokens.

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  Opinion

  What to know about the DOJ’s M&A safe harbor policy

  Extending due diligence beyond traditional document review and implementing strong post-closing integration are among the ways to identify potential violations before they cause problems.

  Compliance

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  EU adopts CSRD reporting delay, gives non-EU companies until 2026 to comply

  Exempted companies will now have more time to focus on the implementation of broader sustainability reporting requirements before they start observing sector-specific standards.

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  FCC fines 4 major wireless carriers $200M for selling customer location data

  The Federal Communications Commission fined T-Mobile, Sprint, AT&T and Verizon nearly $200 million for illegally sharing customers’ location data.

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  FTC broadens breach notification rule to include apps

  Regulators have been pursuing more enforcement actions against health applications sharing consumers’ data. Friday’s final rule should give those actions more heft.

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  EEOC finalizes harassment guidance, addressing remote work and gender identity

  Harassment can include “outing” individuals, misgendering, and prohibiting workers from using sex-segregated bathrooms consistent with their gender identity, the agency said.

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  Think like a business person to move in-house, recruiter says

  Being on top of a legal specialty is crucial but you must think beyond that to apply your skills in a way that can help an organization move towards its goals.

  Hiring/Talent

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  Will Kroger and Albertsons’ revised divestiture plan satisfy the FTC?

  The grocers’ new deal with C&S Wholesale Grocers indicates they have heard the agency’s concerns — but whether it will be enough to get their proposed merger through remains unclear, analysts said.

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  FTC sues Doxo over deceptive ads, junk fees

  After the federal agency’s lawsuit landed Thursday, the Seattle bill-pay provider countered the allegations on Friday.

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  Manufacturing CFO in court over Williams Sonoma contract fraud

  “Greed can easily overtake one’s ability to be content,” the IRS says. “Mr. Nardone abused his position as the Chief Financial Officer and conspired with others to secure favorable contracts.” 

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  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.

  Lawsuits and Litigation

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  Retailers object to Visa-Mastercard settlement

  The National Retail Federation lashed out at a landmark Visa-Mastercard legal settlement Friday, calling the pact reached with some merchants last month “meager and temporary” relief.

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  Negotiating limitations of liability when you have little leverage

  In-house counsel have levers they can pull if they know the risk a deal poses to their company, contract specialists say. 

  Contracts

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  FTC lawsuit on Tapestry-Capri merger could have wider implications

  The complaint demonstrates the agency’s recent crackdown on “serial acquisitions,” a practice that has become more common across industries.

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  88% of CFOs say FTC noncompete rule will have no impact on their careers

  Poll findings indicate that CFOs do not see the new FTC noncompete ruling as a threat to retaining top finance talent.

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  Customers Bancorp reframes ex-CFO’s dismissal

  Carla Leibold's departure was by "mutual agreement," not "cause," the bank holding company said in an amended filing. Leibold will receive $2.5 million but will forfeit her equity awards.

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  DOJ examines Capital One-Discover deal’s competitive angle

  The Fed and the OCC extended their comment periods on the proposed acquisition until May 31. Capital One doesn’t “take any signaling” from the regulators’ decision, CEO Richard Fairbank said.

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  FTC noncompete ban risks blowing up private equity deals

  Investors will be reluctant to buy a portfolio company if they can’t get assurance the executives won’t leave to start a rival business, a trade secret specialist says.

  Emerging Issues

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  Opinion

  Proposed PCAOB rule risks turning auditors into legal watchdogs

  The NOCLAR proposal would impose on auditors greatly expanded responsibilities for identifying — or even preventing — noncompliance with a very wide range of laws, PwC’s Brian Croteau writes.

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  Foxtrot, Dom’s sued amid mass layoff

  A class action complaint claims the companies violated the WARN Act by failing to give its employees at least 60 days notice of the mass layoff.

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  SCOTUS finds transportation workers exempt from Federal Arbitration Act

  By refusing to compel arbitration for drivers in Bissonnette v. LePage Bakeries, the Supreme Court clarified that job duties are the key in applying the FAA’s exemption.

  Contracts

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  Sprouts will pay $265K to settle federal discrimination charge

  A federal investigation determined the specialty grocer subjected employees in the Los Angeles area to sexual harassment and retaliation.

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  Uncertainty is the leading cause of employee noncompliance, Gartner finds

  While rationalization and malice can also lead to noncompliance, nearly 90% of employees told Gartner they recently faced situations in which they didn’t know how to comply.

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