We Need to Talk.
By: Alexa Weber
In The Federal Trade Commission (“FTC”) has sued Match Group, Inc. (“Match”) for allegedly tricking individuals to subscribe to Match.com, an online dating service, through fraudulent advertising, deceptive business practices, and unfair denial of access to subscriber accounts. Match controls about one-quarter of the online dating market and owns approximately 45 separate online dating services, including Match.com, OKCupid, Tinder, and PlentyOfFish.
Getting Real About Diversity
By: Adina Weisberg
BigLaw has been slow on improving diversity; top law firms will not even be close to mirroring law school classes until 2057 (for gender diversity) and 2084 (for racial diversity). To address this issue, five firms will work with Diversity Lab, through its Move the Needle Fund (“MTN”), on incorporating experimental methods based on research and data.
The Department of Justice Utilizes Arbitration for the First Time in History
By: Zachary Rapp
On September 9, 2019, the Antitrust Division of the Department of Justice filed notice outlining the arbitration process associated with their challenge of the proposed acquisition of Aleris Corporation (“Aleris”) by Novelis Inc. (“Novelis”).
When Bankruptcy Has Benefits
By: William Anderson
Purdue Pharma filed for Chapter 11 bankruptcy on September 15 as part of a settlement deal to end several lawsuits alleging the company’s responsibility for the opioid crisis.
Pen Meeting Paper Might Not Prove a Meeting of the Minds
By: Matthew Bartley
On August 21, 2019, a Delaware Chancery Court ruled that a fully executed written agreement—signed by relatively sophisticated parties—can be deemed unenforceable if uncertainty exists in the agreement’s formation. In Kotler v. Shipman Associates, LLC, C.A. No. 2017-0457-JRC (Del. Ch. Aug. 21, 2019, corrected (typo on page four) Aug. 27, 2019), the court ruled that an equity warrant agreement between an employee and her former employer was unenforceable because it did not codify the required objective intent of both parties to be bound by its provisions.