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Corporate
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September 10, 2025
Liberty Says Subcontractor's Insurer Must Defend Injury Row
A subcontractor's insurer must defend and indemnify companies insured by a Liberty Mutual unit on a primary basis in a worker's injury lawsuit, the unit argued to a New York federal court.
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September 10, 2025
Meet The Attys Now Fighting Judge Newman's Suspension
Federal Circuit Judge Pauline Newman's main attorney in the fight against her suspension from the appeals court has departed from the New Civil Liberties Alliance, leaving his former colleagues to head the litigation.
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September 10, 2025
Trump To Take Fed Gov. Cook's Removal Case To DC Circ.
President Donald Trump on Wednesday told a Washington, D.C., federal judge that the government will appeal the judge's decision granting a temporary win to Federal Reserve Gov. Lisa Cook in her challenge to the president's attempt to remove her from her position.
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September 10, 2025
In Juniper's $14B Sale To HPE, Interim Covenants Were Key
Over the course of more than a decade, Juniper Networks had been on and off the block several times, but bids never quite matched the board's sense of the company's worth, Amr Razzak, the Skadden partner who led the team advising Juniper, told Law360.
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September 10, 2025
$5.9M Fidelity National Data Breach Settlement Gets Final OK
A Florida federal court officially signed off on a $5.9 million settlement of a proposed class action against title insurer Fidelity National Financial over a November 2023 data breach that allegedly impacted roughly 1.3 million individuals, noting the court was notified of a settlement just seven months after the litigation commenced.Â
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September 10, 2025
Del. Justices Urged To Reverse Ad Co. Note Conversion Nix
An investor group attorney told three Delaware Supreme Court justices Wednesday that the Court of Chancery wrongly found last year that advertising tech company Vistar Media Inc. had a right to involuntarily cash out millions worth of matured investor notes despite noteholder claims their agreement never allowed the move.
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September 10, 2025
SEC Taps Gibson Atty To Head Corporation Finance Division
The U.S. Securities and Exchange Commission on Wednesday named the co-chair of Gibson Dunn & Crutcher LLP's securities regulation practice as the new leader of its Division of Corporation Finance, which is responsible for writing rules and providing guidance to publicly traded companies on shareholder disclosure matters, among other things.
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September 10, 2025
DC Circ. Temporarily Reinstates Copyright Head After Firing
The fired head of the U.S. Copyright Office has regained her position for the time being after a split D.C. Circuit faulted a lower court's analysis of whether she would be harmed if she didn't get her job back while fighting the Trump administration's dismissal of her.
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September 10, 2025
Kirkland Adds Fintech Regulatory Partner From McDermott
Kirkland & Ellis LLP has enhanced its fintech regulatory compliance capabilities in New York with the addition of an experienced corporate partner who joins the firm from McDermott Will & Schulte.
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September 10, 2025
Massachusetts Grocery Chain Ousts CEO In Power Struggle
The longtime president and CEO of New England supermarket chain Market Basket has been ousted following an unsuccessful mediation, the company announced Wednesday.
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September 09, 2025
Fed Reserve Gov. Cook Wins Removal Reprieve For Now
Federal Reserve Gov. Lisa Cook, for now, can stay on the Fed's board while she challenges President Donald Trump's attempt to strip her of her position, a D.C. federal judge ruled late Tuesday, saying Cook has "made a strong showing" that her purported removal was likely illegal.
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September 09, 2025
Block Beats Investor Action Over 2021 Customer Data Breach
A Manhattan federal judge Tuesday knocked out consolidated litigation alleging Block's stock price plummeted after the financial technology company dilly-dallied disclosing a 2021 data breach stemming from a former employee's alleged theft of customer information, saying the complaint doesn't allege Block made misleading statements or knew it was misleading investors.
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September 09, 2025
DOD's Cybersecurity Rule May Help Fend Off FCA Claims
The U.S. Department of Defense's requirement for certain contractors to have a third-party assessor review their cybersecurity compliance, implemented in a final rule Tuesday, could help contractors protect themselves from False Claims Act enforcement.
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September 09, 2025
5th Circ. Says ConocoPhillips Can Arbitrate FLSA Suit
The Fifth Circuit on Tuesday ruled that a former ConocoPhillips safety consultant must arbitrate claims in his proposed collective action that accuses the oil and natural gas company of not paying overtime wages, saying in an unpublished opinion that the consultant entered into an agreement that incorporated an arbitration provision.
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September 09, 2025
Investor Tells Texas Justices UDF Claims Aren't Derivative
The Texas Supreme Court on Tuesday pressed an alternative investment firm to explain how its suit against an adviser to a fund at the center of a $100 million, decadelong Ponzi scheme would not be classified as a derivative action, asking what distinct injury allows the firm to sue individually.
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September 09, 2025
CVS Says Takeda Tried To Block Heartburn Drug Competition
Drugmaker Takeda Pharmaceutical Co. Ltd. and other entities engaged in a "horizontal conspiracy and agreement" to restrain competition in the U.S. market for the acid reflux drug Dexilant and its generic equivalents, CVS Pharmacy Inc. alleged in a complaint filed in California federal court Tuesday.
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September 09, 2025
NFL Insists Ex-Raiders Coach Case Belongs In Arbitration
The NFL and Commissioner Roger Goodell have urged the Nevada Supreme Court to reconsider its decision to keep out of arbitration a lawsuit filed by former Las Vegas Raiders head coach Jon Gruden accusing the league of character assassination, arguing that the current ruling "would have destabilizing consequences" for contract negotiations in a number of industries.
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September 09, 2025
OCC Taps Cravath Atty As Principal Deputy Chief Counsel
A former Cravath Swaine & Moore LLP corporate attorney has been tapped to serve as the principal deputy chief counsel of the Office of the Comptroller of the Currency, while a longtime agency official has been promoted to oversee its newly elevated chartering and licensing process, the regulator said Tuesday.
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September 09, 2025
Ex-SEC Trading And Markets Special Counsel Joins Skadden
Skadden Arps Slate Meagher & Flom LLP has added a former U.S. Securities and Exchange Commission attorney to its white collar defense and regulatory team in its Washington, D.C., office, the firm announced Tuesday.
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September 09, 2025
5th Circ. Says Jarkesy Doesn't Doom OCC Enforcement Action
A Fifth Circuit panel has upheld industry bans and $250,000 fines against two former top executives of a failed Texas bank, rejecting their bid to overturn an Office of the Comptroller of the Currency enforcement order, finding that the OCC's in-house proceedings and ordered sanctions did not violate the executives' constitutional right to a jury trial.
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September 09, 2025
PTAB Leader Urges Specificity In Discretionary Denial Briefs
The Patent Trial and Appeal Board's acting chief judge urged litigants Tuesday to support the arguments they make in the board's new discretionary denial process with specific details about their cases, during a panel where lawyers expressed both frustration about and praise for the system.
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September 09, 2025
7th Circ. Questions Decertifying Amazon Makeup Try-On Class
Two judges on a Seventh Circuit panel seemed skeptical Tuesday that individual location questions or the risk of a substantial damages award require reversing a district court decision certifying a 160,000-member class in a biometric privacy suit targeting a virtual makeup try-on feature in Amazon's app.
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September 09, 2025
Trump's Latest Tariff EO Offers Some Relief, But No Certainty
President Donald Trump's latest tariff executive order essentially creates an exclusion process for many goods not readily available in the U.S. if the exporter countries enter trade agreements with the U.S., a strategic shift cautiously welcomed by importers even as they still seek certainty for their supply chains.
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September 09, 2025
TransUnion Faces Suit Over Data Breach Affecting 4.4M
TransUnion LLC is under fire in Illinois federal court after a woman filed a proposed class action Monday against the credit bureau claiming approximately 4.4 million customers had their personal information stolen in a cyberattack against the company earlier this year.
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September 09, 2025
Private Fund Adviser To Pay $9.7M To End SEC Suit
The U.S. Securities and Exchange Commission announced on Tuesday that a real estate-focused Colorado private fund adviser and his two management firms would pay $9.7 million to settle claims of defrauding investors with misrepresentations, which include concealing conflicts of interests in proposed buyout transaction requests he sent to investors.
Expert Analysis
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Corp. Human Rights Regulatory Landscape Is Fragmented
Given the complexity of compliance with nations' overlapping human rights laws, multinational companies need to be cognizant of the evolving approaches to modern slavery transparency, and proposals that could reduce mandatory due diligence and reporting requirements, say attorneys at Simpson Thacher.
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Impending Quality Control Standards Pose Risks For Auditors
Public accounting firms will need to comply with new standards aimed at strengthening their quality control systems by the end of this year, a significant challenge sure to increase costs, individual liability and regulatory scrutiny, say Kelly Bossard at FTI Consulting and Mike Plotnick at King & Spalding.
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Opinion
Premerger Settlements Don't Meet Standard For Bribery
Claims that Paramount’s decision to settle a lawsuit with President Donald Trump while it was undergoing a premerger regulatory review amounts to a quid pro quo misconstrue bribery law and ignore how modern legal departments operate, says Ediberto Román at the Florida International University College of Law.
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Texas Med Spas Must Prepare For 2 New State Laws
Two new laws in Texas — regulating elective intravenous therapy and reforming healthcare noncompetes — mark a pivotal shift in the regulatory framework for medical spas in the state, which must proactively adapt their operations and contractual practices, says Brad Cook at Munsch Hardt.
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Series
Playing Soccer Makes Me A Better Lawyer
Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.
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Forced Labor Bans Hold Steady Amid Shifts In Global Trade
As businesses try to navigate shifting regulatory trends affecting human rights and sustainability, forced labor import bans present a zone of relative stability, notwithstanding outstanding questions about the future of enforcement, say attorneys at Simpson Thacher.
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Grappling With Workforce-Related Immigration Enforcement
To withstand the tightening of workforce-related immigration rules and the enforcement uptick we are seeing in the U.S. and elsewhere, companies must strike a balance between responding quickly to regulatory changes, and developing proactive strategies that minimize risk, say attorneys at Fragomen.
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Opinion
The SEC Should Embrace Tokenized Equity, Not Strangle It
The U.S. Securities and Exchange Commission should grant no-action relief to firms ready to pilot tokenized equity trading, not delay innovation by heeding protectionist industry arguments, says J.W. Verret at George Mason University.
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What To Do When Congress And DOJ Both Come Knocking
As recently seen in the news, clients may find themselves facing parallel U.S. Department of Justice and congressional investigations, requiring a comprehensive response that considers the different challenges posed by each, say attorneys at Friedman Kaplan.
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Series
Law School's Missed Lessons: Learning From Failure
While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.
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23andMe Fine Signals ICO's New GDPR Enforcement Focus
Many of the cybersecurity failures identified by the Information Commissioner’s Office in its investigation of 23andMe, recently resulting in a £2.3 million fine, were basic lapses, but the ICO's focus on several new U.K. General Data Protection Regulation considerations will likely carry into the future, say lawyers at Womble Bond.
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Midyear Rewind: How Courts Are Reshaping VPPA Standards
The first half of 2025 saw a series of cases interpreting the Video Privacy Protection Act as applied to website tracking technologies, including three appellate rulings deepening circuit splits on what qualifies as personally identifiable information and who qualifies as a consumer under the statute, say attorneys at Perkins Coie.
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Lessons On Parallel Settlements From Vanguard Class Action
A Pennsylvania federal judge’s unexpected denial of a proposed $40 million settlement of an investor class action against Vanguard highlights key factors parties should consider when settlement involves both regulators and civil plaintiffs, say attorneys at Ropes & Gray.
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How The Healthline Privacy Settlement Redefines Ad Tech Use
The Healthline settlement is the first time California has drawn a clear line in the sand around how website tracking must function in practice, so if your site uses tracking technologies, especially around sensitive content like health or finance, regulators are inspecting your website's back end, not just its banner, say attorneys at Baker Donelson.
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AI Infrastructure Growth Brings Unique IP Considerations
The explosive rise of artificial intelligence has triggered an equally dramatic transformation in the supporting infrastructure required to meet growing AI demand, and the technology used in these data centers has its own intellectual property considerations to navigate, says Vincent Allen at Carstens Allen.