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Corporate
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June 03, 2025
Katten Adds 4 Ex-Kirkland Attys To Healthcare Practice
Katten Muchin Rosenman LLP announced Tuesday that it has hired two partners and two associates from Kirkland & Ellis LLP to boost Katten's regulatory and transactional expertise in the firm's healthcare practice.
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June 02, 2025
5th Circ. Will Mull In-House Banking Cases In Jarkesy's Wake
A Fifth Circuit panel is set to scrutinize in-house proceedings at the Federal Deposit Insurance Corp. and other banking agencies on Tuesday in a trio of appeals with the potential to upend the regulators' primary mode of enforcement.
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June 02, 2025
Amazon Defeats Prime Subscribers' Privacy Suit For Good
A Washington federal judge has permanently tossed Amazon Prime subscribers' proposed class action alleging that the company illegally disclosed their personal viewing habits, ruling that they still haven't plausibly alleged that Amazon "actually and affirmatively" shared their information.
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June 02, 2025
Rocket Cos. Board Beats Investor's $500M Insider Trading Suit
Delaware's Court of Chancery on Monday dismissed a derivative shareholder suit accusing Rocket Companies Inc.'s board, chairman and controlling stockholder of breaching their fiduciary duties by liquidating $500 million worth of stock allegedly based on material nonpublic information, saying the plaintiffs have failed to show a motive.
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June 02, 2025
J&J Unit May Owe Around $125M Over AI Tissue Imaging Deal
A New York federal judge ruled Friday that J&J unit Ethicon Inc. owes a termination fee of $40 million plus intellectual property impairment damages in the neighborhood of $85 million to ChemImage Corp. after unilaterally ending their deal to develop in-surgery artificial intelligence imaging techniques.
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June 02, 2025
Alphabet Pledges $500M To Boost Compliance In Investor Suit
Google's parent company, Alphabet Inc., has agreed to earmark half a billion dollars over the next 10 years to overhaul the tech giant's global compliance structure, according to two institutional investors that sued the company's leaders over allegations of anticompetitive and monopolistic business practices.
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June 02, 2025
Fed. Circ. Asks Whether Trade Secrets Were Secret Enough
The Federal Circuit set out Monday to determine whether an Ohio federal judge was right or wrong to throw out a $64 million jury verdict finding that Goodyear Tire & Rubber Co. stole an inventor's ideas for self-inflating tires because the trade secrets were too vague to have gone to a jury.
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June 02, 2025
Airbnb Nixed Conservative Shareholder Proposals, Suit Says
Two institutional Airbnb shareholders that promote conservative values have sued the vacation property rental company, saying it wrongfully excluded their shareholder proposals from its 2025 proxy materials while allowing the inclusion of a proposal submitted by a "liberal-leaning" state pension fund.
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June 02, 2025
Amazon Gets A Look At Some Of FTC's Antitrust Suit Theory
A Washington federal judge said Monday the Federal Trade Commission must hand over some information about the underlying legal theories in its landmark antitrust case against Amazon but mostly agreed with the agency that the company's discovery requests were "premature."
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June 02, 2025
A Jury Says Fortress Controls VLSI. What Now?
A Texas federal jury has concluded that Fortress Investment Group controls VLSI Technology, which could be a game-changing step in the patent company's multibillion-dollar patent fight with Intel. Here's how the jury's narrow finding could play into the widespread litigation.
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June 02, 2025
Nike Floods Inboxes With Misleading Sales Promos, Suit Says
A Nike customer has filed a proposed class action in Washington state court accusing the sports apparel giant of flooding his inbox with promotional emails with misleading subject lines to trick him into acting quickly to take advantage of discount deals that don't have a legitimate expiration date.
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June 02, 2025
Trump Taps Vinson & Elkins Atty To Replace FERC Chair
President Donald Trump on Monday nominated a Vinson & Elkins LLP attorney to replace current Federal Energy Regulatory Commission Chairman Mark Christie, whose term expires on June 30.
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June 02, 2025
Fla. Sanitizer Co. Faces Penalties Over Fake AI Legal Citations
Two Florida federal judges have ordered a disinfectant sprayer business to explain why artificial intelligence-generated fake citations and quotes appeared in filings in lawsuits over corporate wrongdoing from a Canadian breach of contract case, saying it could face serious penalties for alleged intentional misrepresentations.
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June 02, 2025
White House Asks DC Circ. To Halt Tariff Injunction
The White House on Monday asked the D.C. Circuit to hit pause on a lower court ruling that found President Donald Trump's tariffs unlawful, arguing the "legally indefensible preliminary injunction" would impede sensitive trade negotiations if left unchecked.
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June 02, 2025
Monthly Merger Review Snapshot
The Federal Trade Commission finally dropped its long-pending challenge of Microsoft's purchase of video game developer Activision Blizzard, as enforcers pushed monopolization cases seeking to break up Google, Meta and Live Nation, while also pursuing several traditional merger cases. Here, Law360 looks at the major merger review developments from May.
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June 02, 2025
DraftKings Skirting Calif. Ban On Gambling, Class Action Says
A trio of DraftKings customers has filed a proposed class action accusing the online gambling giant of fraudulent behavior for using its Daily Fantasy Sports games and other contests to circumvent California's ban on sports betting.
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June 02, 2025
SAP Seeks High Court Review Of Revived Tying Claims
German software giant SAP on Monday asked the U.S. Supreme Court to look at a Ninth Circuit decision that resuscitated tying claims brought by U.S. rival Teradata, saying the issue of antitrust liability badly needs the court's attention in matters relating to modern, technologically integrated products.
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June 02, 2025
Verizon Voice BIPA Claims Should Be Arbitrated, Judge Says
Two Verizon Wireless customers who say the telecommunications giant illegally collects, uses and stores their personal identifying voice data must hash out their dispute in arbitration, an Illinois federal judge said.
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June 02, 2025
Allergan Entities Get Booted From Botox Patent Suit In Del.
A Delaware federal judge has dismissed a pair of Allergan units from a suit alleging two biotechnology companies infringed patents related to Botox products, finding one unit had not shown it was actually the exclusive licensee to the disputed patents, while another agreed to be dismissed.
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June 02, 2025
Twitter Must Search Email, Slack Records In Severance Spat
Fired Twitter executives can force the social media company to comb through emails and Slack channels for specific terms to support their lawsuit alleging they are owed $200 million in severance, a California federal judge ruled, rejecting the company's argument that the searches would be overly burdensome.
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June 02, 2025
Fintech Startup Chime Eyes $800M IPO As Circle Ups Offering
Fintech startup Chime Financial Inc. on Monday launched plans for an estimated $800 million initial public offering, while stablecoin issuer Circle Internet Financial Inc. increased its expected IPO size to about $880 million, boosting a recovering IPO pipeline.
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June 02, 2025
Judge Finds Exec Sought To Dodge Chicago Hotel Fraud Order
A construction company and executive found by a jury in 2022 of misusing millions intended for Chicago's Nobu Hotel are facing contempt orders from an Illinois federal judge for concealing cash withdrawals and construction work as an investor attempts to collect a $22 million judgment.
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June 02, 2025
Report Finds Del. Court Jumbo Fees Rival Federal System
Delaware's corporation law courts have overshadowed the entire federal court system for some class attorney fees based on multiples of usual rate benchmarks, according to two Stanford Law School researchers whose findings have already caught the attention of a top state lawmaker.
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June 02, 2025
Former New York Jets GC Tackles New Role At Hogan Lovells
Hogan Lovells has expanded its corporate and finance group in New York with the addition of the former legal leader for the National Football League's New York Jets.
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June 02, 2025
Feds Want 12½ Years For Ex-Ill. Speaker Convicted Of Bribery
Prosecutors are urging an Illinois federal judge to sentence former state House Speaker Michael Madigan to prison for 12½ years for bribery, conspiracy and fraud, saying his conduct adds "another sordid chapter to Illinois' storied reputation of corruption" while Madigan, armed with more than 200 letters of support, seeks only probation.
Expert Analysis
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Tariffs And FCA Create Perfect Storm For Importers
The Trump administration's aggressive tariff policies pose a high risk to certain importation practices that are particularly likely to trigger False Claims Act enforcement, say attorneys at Jeffer Mangels.
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How Tariffs May Affect Proxy Contests This Season
While global tariffs imposed by the Trump administration will certainly chill at least some activity this proxy season, and make defending contests significantly easier, there will likely be many new activist investments once there is more economic certainty, meaning more proxy fights this fall, say attorneys at Sidley.
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Running A Compliant DEI Program After EEOC, DOJ Guidance
Following recent guidance from the U.S. Equal Employment Opportunity Commission and the U.S. Department of Justice that operationalized the Trump administration's focus on ending so-called illegal DEI, employers don't need to eliminate DEI programs, but they must ensure that protected characteristics are not considered in employment decisions, say attorneys at Holland & Knight.
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A Closer Look At New NYSE, Nasdaq Listing Rule Changes
The U.S. Securities and Exchange Commission has recently approved changes to the New York Stock Exchange's and the Nasdaq's listing rules on reverse stock splits, minimum share price requirements and required liquidity for initial listings, meaning listed companies facing delisting will have fewer means to regain compliance, say attorneys at Cahill Gordon.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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6 Principles For De-Risking In This Era Of Uncertainty
Companies can emerge from the current period of disruptive transformation stronger than ever by embracing strategies that enable them to methodically evaluate risk, adapt to change without losing purpose, focus on customer value and find competitive advantages amid uncertainty, says David McVeigh at Axiom.
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What 2nd Trump Admin Means For Ship Pollution Compliance
As the second Trump administration's civil and criminal enforcement policies take shape, the maritime industry must ensure it complies with both national and international obligations to prevent oil pollution from seagoing vessels — with preventive efforts and voluntary disclosures being some of the best options for mitigating risk, say attorneys at Holland & Knight.
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23andMe Case Highlights Privacy Complexities In Ch. 11
Attorneys at Pryor Cashman discuss the interplay between a sale of personally identifiable information and bankruptcy law in light of genetics and health company 23andMe's recent filing for Chapter 11 relief.
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Mass. AG Emerges As Key Player In Consumer Protection
Through enforcement actions and collaborations with other states — including joining a recent amicus brief decrying the defunding of the Consumer Financial Protection Bureau — Massachusetts Attorney General Andrea Campbell has established herself as a thought leader for consumer protection and corporate accountability, say attorneys at Troutman Pepper.
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SEC Confidential Review Process Provides Issuers Flexibility
The U.S. Securities and Exchange Commission's recently announced enhancements to the process for confidentially submitting draft registration statements will be immediately impactful for issuers seeking to access the public capital markets, and should provide more grounds to explore and plan public offerings, say attorneys at Lowenstein Sandler.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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Measuring And Mitigating Harm From Discriminatory Taxes
In response to new tariffs and other recent "America First Trade Policy" pronouncements, corporations should assess and take steps to minimize their potential exposure to discriminatory and reciprocal tax measures that are likely to come, say economists at Charles River Associates.
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How Del. Law Rework Limits Corporate Records Requests
Newly enacted amendments to a section of the Delaware General Corporation Law that allows stockholders and beneficial owners to demand inspection of Delaware corporations' books and records likely curtails the scope of such inspections and aids defendants in framing motions to dismiss at the pleading stage, says Jonathan Richman at Brown Rudnick.
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Series
Calif. Banking Brief: All The Notable Legal Updates In Q1
Among the most notable developments in California banking in the first quarter of the year, regulators and legislators issued regulations interpreting debt collection laws, stepped up enforcement actions, and expanded consumer protections for those affected by wildfires, says Stephen Britt at Severson & Werson.
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How The ESG Investing Rule Survived Loper Bright, For Now
A Texas federal court's recent decision in Utah v. Micone upholding the U.S. Department of Labor's 2022 ESG investing rule highlights how regulations can withstand the post-Loper Bright landscape when an agency's interpretation of its statutorily determined boundaries is not granted deference, say attorneys at Miller & Chevalier.