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May 27, 2025
Tort Report: 'High-Low' Deal Nets Plaintiff Extra $10M
A last-minute "high-low" agreement that turned out to be a stroke of genius by lawyers for an injured motorcyclist and a $26 million verdict for a crash caused by a postal worker lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.
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May 27, 2025
Bankrupt 23andMe To Delist Stock After Regeneron Deal
Bankrupt genetic testing provider 23andMe Inc. said Tuesday it will delist its stock from the Nasdaq exchange, following Regeneron Pharmaceuticals Inc.'s agreement last week to buy the defunct company.
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May 27, 2025
Expert Says DuPont Knew Of PFAS Risk At NJ Site
A former U.S. Environmental Protection Agency policy adviser told a New Jersey federal court on Tuesday that E.I. du Pont de Nemours knew of the risk of "forever chemicals" and failed to disclose that risk to federal and Garden State regulators despite its obligation to do so.
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May 27, 2025
Calif. Faces Long Odds Keeping Tariff Suit In District Court
A California federal judge said Tuesday that "California has a bit of an uphill battle" keeping its lawsuit challenging President Donald Trump's recent tariffs in federal district court, noting that two judges have already sent similar cases to the U.S. Court of International Trade.
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May 27, 2025
DOJ Wants Google Docs Analyzing Potential Ad Tech Breakup
Enforcers are asking a Virginia federal court for access to Google documents analyzing a potential break up of the company's ad tech business, as the court considers what remedies to impose after finding Google monopolized key ad tech markets.
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May 27, 2025
Davis Polk-Led Stablecoin Giant Circle Eyes $600M IPO
Venture-backed stablecoin issuer Circle Internet Group Inc. on Tuesday launched plans for an estimated $600 million initial public offering, represented by Davis Polk & Wardwell LLP and underwriters' counsel Skadden Arps Slate Meagher & Flom LLP, rekindling its IPO after a tariff-related pause.
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May 27, 2025
Mobile App Infringement Suit Against Bridgestone Dropped
A New Jersey company and tire maker Bridgestone Americas Inc. on Tuesday jointly asked a Texas federal judge to dismiss a case in which Bridgestone was accused of using patented mobile device communication technology in its mobile app.
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May 27, 2025
Canada Could Use Tax System For Growth, OECD Says
While Canada's economy has been largely resilient, changes in areas like goods and services taxes and its research and development tax incentives could help protect against projected slowed growth brought on by its trade dispute with the U.S., the Organization for Economic Coooperation and Development said.
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May 27, 2025
Crypto Exec's IRS Privacy Appeal Tossed By 5th Circ.
A cryptocurrency executive who sought to quash IRS summonses for his bank records must wait at least until the U.S. government decides whether to bring legal proceedings against him before he can appeal a ruling denying his request to block the agency's demands, the Fifth Circuit said Tuesday.
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May 27, 2025
Trump Withdraws Biden's NEPA Greenhouse Gas Guidance
The White House Council on Environmental Quality on Tuesday said it's withdrawing 2023 National Environmental Policy Act guidance for federal agencies that are assessing the greenhouse gas and climate change effects of actions, including the approval of infrastructure projects.
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May 27, 2025
Colo. Jury Convicts Ex-Arrow Exec In $2M Fraud Scheme
A Colorado federal jury on Tuesday convicted a former Arrow Electronics Inc. executive of helping steal $2 million from the company, finding the onetime chief technology officer guilty of six counts of wire fraud after just over an hour of deliberation.
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May 27, 2025
Tesla Asks Delaware Justices To Slash $176M Class Atty Fee
Attorneys for Tesla Inc. have told Delaware's Supreme Court that counsel for stockholders who secured a disputed $735 million in savings from director cash and options rollbacks deserve less than the $176.2 million fee awarded the team.
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May 27, 2025
Vice Media VP Rejoins Ogletree In NYC
A seasoned BigLaw attorney who left Ogletree Deakins Nash Smoak & Stewart PC five years ago to move into an in-house legal position at Vice Media has rejoined the labor and employment law firm Tuesday as a shareholder.
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May 27, 2025
Ex-Solar CEO Can't Arbitrate Fraud Suit Now, Judge Says
The former CEO of a defunct solar company and its financial backers waived their rights to force Michigan residents into arbitration by extensively litigating a proposed class action that accused them of deceptive sales practices and racketeering, a federal judge ruled.
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May 27, 2025
'I Need To Be Careful': Judge Wades Into Musk-Firm Conflict
A New York federal judge questioned his authority to weigh in on Bernstein Litowitz Berger & Grossmann LLP's hiring decisions after it sought permission to employ a former U.S. Securities and Exchange Commission attorney who Elon Musk claims could disadvantage him in a shareholder lawsuit, asking the firm and Musk to brief him on what may be an issue of first impression.
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May 27, 2025
King & Spalding Recruits NY Kirkland Capital Markets Partner
King & Spalding LLP announced Tuesday that it has brought on a former Kirkland & Ellis LLP partner for its corporate practice group in New York.
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May 27, 2025
Trump, Ex-Copyright Head Duel Over Her Firing
Former U.S. Copyright Office director Shira Perlmutter on Tuesday said a Washington, D.C., federal judge should ignore the Trump administration's argument that her recent firing was legal, the latest salvo in her lawsuit against the federal government as she seeks to block her removal.
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May 27, 2025
Wilson Sonsini Adds Ex-HHS, Crowell & Moring Leader In DC
A former policy director at the U.S. Department of Health and Human Services who later helped Crowell & Moring LLP launch its healthcare consulting group has joined Wilson Sonsini Goodrich & Rosati PC's Washington, D.C., team, the firm announced Tuesday.
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May 27, 2025
High Court Passes On Axed $563M BMO Harris Ponzi Verdict
The U.S. Supreme Court on Tuesday declined to review the Eighth Circuit's decision to strike down a $563 million jury verdict against BMO Harris NA over claims that a bank it acquired had aided and abetted Thomas J. Petters' multibillion-dollar Ponzi scheme.
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May 23, 2025
Law360 Reveals Titans Of The Plaintiffs Bar
This past year, a handful of attorneys secured billions of dollars in settlements and judgments for both classes and individual plaintiffs against massive companies and organizations like Facebook, Dell, the National Association of Realtors, Johnson & Johnson, UFC and Credit Suisse, earning them recognition as Law360's Titans of the Plaintiffs Bar for 2025.
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May 23, 2025
ÃÛÌÒÊÓÆµ Calls Open Banking Rule 'Unlawful' In Pivot Against It
The Consumer Financial Protection Bureau signaled Friday that it will now seek to vacate its Biden-era open banking rule, siding with the banking industry in an ongoing legal challenge to the rule even as a major fintech industry group is pledging to keep defending it.
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May 23, 2025
NY Judge Axes $110M Mango Markets Trader's Fraud Verdict
A Manhattan federal judge on Friday granted a crypto trader's request to overturn a conviction for defrauding platform Mango Markets out of roughly $110 million, finding that prosecutors didn't link his conduct to New York and failed to show he duped the platform.
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May 23, 2025
SEC Cracks Door For Retail Entry Into Private Funds
The U.S. Securities and Exchange Commission is exploring increasing retail access to private funds, marking one of several pivotal shifts the watchdog is considering that would widen public exposure to the vast but less regulated world of private markets.
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May 23, 2025
Real Estate Recap: Opp Zones, SFR Sector, NYC Casinos
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including how the "Big, Beautiful Bill" would tweak rules for opportunity zones, the prognosis for the single-family rental sector, and a look at the seven remaining bids for casino licenses in New York City.
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May 23, 2025
Employment Authority: Pay Lessons From 'Mad Men'
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with the pay lessons "Mad Men" provided; how a recent Fifth Circuit decision that not accommodating a disabled worker can violate the Americans with Disabilities Act, even if no harm results from that decision, deepens a split among appeals courts; and how a National Labor Relations Board charge accusing a legal aid union of discriminating against Jewish members tests the bounds of unions' obligations.
Expert Analysis
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5 Merger Deal Considerations In Light Of The New HSR Rules
Now that the new Hart-Scott-Rodino Act rules are in effect, current priorities include earlier preparation for merging parties, certain confidentiality covenants, and key elements of letters of intent and term sheets, say attorneys at Fried Frank.
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Considerations As Trump Admin Continues To Curtail ÃÛÌÒÊÓÆµ
Recent sweeping moves from the Consumer Financial Protection Bureau's new leadership have signaled a major shift in the agency's trajectory, and regulated entities should prepare for broader implications in both the near and long term, say attorneys at Pryor Cashman.
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6th Circ. Ruling Paves Path Out Of Loper Bright 'Twilight Zone'
The U.S. Supreme Court’s Loper Bright ruling created a twilight zone between express statutory delegations that trigger agency deference and implicit ones that do not, but the Sixth Circuit’s recent ruling in Moctezuma-Reyes v. Garland crafted a two-part test for resolving cases within this gray area, say attorneys at Wiley.
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Cos. Should Prepare For Mexican Payments Surveillance Tool
The recent designation of six Mexican cartels as "specially designated global terrorists" will allow the Treasury Department to scrutinize nearly any Mexico-related payment through its Terrorist Finance Tracking Program — a rigorous evaluation for which even sophisticated sanctions compliance programs are not prepared, says Jeremy Paner at Hughes Hubbard.
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What FERC Scrutiny Of Directors, Assets Means For Investors
The Federal Energy Regulatory Commission has recently paid dramatically increased attention to appointments of power company directors by investors, and ownership of vertical assets that provide inputs for electric power production and sale — so investors in FERC-regulated entities should be paying more attention to these matters as well, say attorneys at Day Pitney.
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What's Potentially In Store For CFTC Under New Leadership
Under the leadership of acting U.S. Commodity Futures Trading Commission Chairman Caroline Pham, and with the nomination of former commissioner Brian Quintenz to serve as permanent chair, the commission is set to widely embrace digital assets and event contracts, say attorneys at Davis Wright.
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Revived Executive Order Is A Deregulatory Boon To Banks
A recently reinstated 2019 executive order reveals the Trump administration’s willingness to provide unprecedented protections for regulated parties — including financial institutions — but to claim them, banks and other entities must adopt a forward-leaning posture to work with the regulators, say attorneys at Davis Wright.
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Recent Cases Clarify FCA Kickback Pleading Standards
Two recently resolved cases involving pharmaceutical manufacturers may make it more difficult for False Claims Act defendants facing kickback scheme allegations to get claims dismissed for lack of evidence, say Li Yu at Bernstein Litowitz, Ellen London at London & Noar, and Gregg Shapiro at Gregg Shapiro Law.
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3 Ways Civil Plaintiffs Could Fill An FCPA Enforcement Gap
While the Department of Justice recently announced it would deprioritize Foreign Corrupt Practices Act investigations into U.S. businesses without obvious ties to international crime, companies should stay alert to private plaintiffs, who could fill this enforcement void — and win significant civil damages — through several legal channels, says Eric Nitz at MoloLamken.
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Examining Trump Meme Coin And SEC's Crypto Changes
While the previous U.S. Securities and Exchange Commission tended to view most crypto-assets as securities, the tide is rapidly changing, and hopefully the long-needed reevaluation of this regulatory framework is not tarnished by an arguable conflict of interest due to President Donald Trump's affiliation with the $Trump meme coin, say attorneys at Thompson Coburn.
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Opinion
State FCAs Should Cover Local Fund Misuse, State Tax Fraud
New Jersey and other states with similar False Claims Acts should amend them to cover misappropriated municipal funding, and state and local tax fraud, which would encourage more whistleblowers to come forward and increase their recoveries, says Kenneth Levine at Stone & Magnanini.
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Dewberry Ruling Is A Wakeup Call For Trademark Owners
The U.S. Supreme Court's decision in Dewberry v. Dewberry hones in on the question of how a defendant's affiliates' profits should be treated under the Lanham Act, and should remind trademark litigants and practitioners that issues involving monetary relief should be treated seriously, say attorneys at Finnegan.
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Recent Cases Suggest ESG Means 'Ever-Shifting Guidelines'
U.S. courts have recently handed down a number of contradictory decisions on important environmental, social and governance issues, adding to an already complex mix of conflicting political priorities, new laws and changing regulatory guidance — but there are steps that companies can take to minimize risk, say attorneys at Paul Hastings.
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When Reincorporation Out Of Del. Isn't A Good Idea
While recent high-profile corporate moves out of Delaware have prompted discussion about the benefits of incorporation elsewhere, for many, remaining in the First State may be the right decision due to its deep body of business law, tradition of nonjury trials and other factors, say attorneys at Goodwin.
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New HSR Rules Augur A Deeper Antitrust Review By Agencies
After some initial uncertainty, the new Hart-Scott-Rodino Act rules did go into effect last month, and though their increased information requirements create greater initial burdens for merging parties, the rules should lead to greater certainty and predictability through a more efficient and effective review process, says Craig Malam at Edgeworth Economics.