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July 03, 2025
Circuit-By-Circuit Recap: Justices Send Message To Outliers
It was a tough term at the U.S. Supreme Court for two very different circuits — one solidly liberal, one solidly conservative — that had their rulings overturned in eye-popping numbers. But it was another impressive year for a relatively moderate circuit that appears increasingly simpatico with the high court.
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July 03, 2025
The Moments That Shaped The Universal Injunction Case
The U.S. Supreme Court voted along ideological lines when it hindered the ability of federal district court judges to issue nationwide pauses on presidential policies, but that outcome didn't seem like a foregone conclusion during oral arguments earlier this year. What do the colloquies suggest about the justices' thinking? Here are some moments that may have swayed them.
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July 03, 2025
DOL Looks To Rescind Rule Ending Subminimum Wage
The U.S. Department of Labor is backtracking on a proposed rule that would have ended a program allowing employers to pay workers with disabilities below the federal minimum wage, saying ending the program could result in a lack of employment opportunities for disabled individuals.
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July 03, 2025
Dolphin Encounter Co. Asks For Flexible Ch. 11 Sales Process
Dolphin encounter company Leisure Investments Holdings LLC asked a Delaware bankruptcy court to give it leave to begin marketing its many assets around the globe, saying it has gained "some measure of control" of its business through litigation since it filed for Chapter 11.
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July 03, 2025
What To Watch In Mass. Courts In The Second Half Of 2025
Massachusetts courts should be busy through the second half of 2025, with litigation against the Trump administration playing a starring role at both the state and federal level. Here are some of the key cases and issues that attorneys are monitoring.
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July 03, 2025
The Firms That Won Big At The Supreme Court
The number of law firms juggling three or more arguments before the U.S. Supreme Court this past term nearly doubled from the number of firms that could make that claim last term.
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July 03, 2025
GC Cheat Sheet: The Hottest Corporate News Of The Week
Target's board faces a shareholder derivative suit that accuses the retail giant of damaging the company by implementing an LGBTQ+ Pride-themed marketing campaign, despite knowing the risk of "public backlash." Meanwhile, SolarWinds and the SEC are close to resolving a novel case that alleges the software developer hid faulty cybersecurity practices before a major breach. These are some of the stories in corporate legal news you may have missed in the past week.
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July 03, 2025
Breaking Down The Vote: The High Court Term In Review
The U.S. Supreme Court once again waited until the term's closing weeks — and even hours — to issue some of its most anticipated and divided decisions.
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July 03, 2025
Capital Markets Upturn Sets Stage For Second-Half Rebound
Deals attorneys are approaching the second half of 2025 increasingly confident that capital markets' activity will accelerate despite potential headwinds stemming from higher tariffs, interest rate uncertainties and geopolitical turmoil.
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July 03, 2025
Mid-Year M&A Deal Flow Suffers Amid Global Instability
More than six months into a new Donald Trump administration, the mergers and acquisitions boom that many market observers anticipated has failed to materialize. In part one of this two-part M&A review, industry attorneys discussed market activity so far this year, how geopolitical factors are impacting the dealmaking environment, and their outlook for the remainder of 2025.
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July 02, 2025
Amid DEI Uncertainty, Cos. Face Pressure From All Sides
Attorneys have been analyzing the Trump administration's many pronouncements against diversity, equity and inclusion programs over the past several months, only to be left with questions as to what exactly "illegal DEI" is and what the government will do to police it.
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July 02, 2025
Retailers Want New NY Algorithmic Pricing Law Blocked
The National Retail Federation on Wednesday asked a New York federal court to block a new state law that requires retailers to disclose the use of so-called "algorithmic pricing," claiming that the practice helps save customers money and the law would force retailers to use a "misleading and ominous warning."
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July 02, 2025
The Biggest Patent Rulings Of 2025: A Midyear Report
A ruling by the full Federal Circuit invited greater scrutiny of patent damages testimony, and the U.S. Patent and Trademark Office's acting director established new criteria for rejecting patent challenges. Here's a look at the top patent decisions from the first half of 2025.
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July 02, 2025
Pentegra Agrees To Pay $48.5M After $38.8M ERISA Verdict
A New York federal judge Wednesday preliminarily approved a settlement in which Pentegra Retirement Services agreed to pay nearly $10 million more than a $38.8 million jury verdict awarded to a 27,000-member class of 401(k) plan participants who challenged the plan's excessive administrative fees.
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July 02, 2025
Calif. AG Secures Record Data Privacy Deal Against Healthline
Medical information provider Healthline Media LLC will pay $1.55 million and refrain from sharing certain information with advertisers and other third parties that may reveal website visitors' health diagnoses, as part of the California attorney general's largest settlement to date under the state's data privacy law.Â
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July 02, 2025
Genentech's $122M IP Fight Against Biogen In Jury's Hands
Genentech Inc. wrapped a California federal trial Wednesday over claims that Biogen MA Inc. wrongly withheld $122 million in royalties for supplies of Biogen's multiple sclerosis drug, reminding jurors that Biogen's own internal projections showed it owing royalty payments in the years after the main patent expired in December 2018.
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July 02, 2025
11th Circ. Won't Revive Disney Workers' COVID Vax Bias Suit
The Eleventh Circuit refused to revive a discrimination suit by former Disney employees over the company's COVID-19 vaccine mandate and augmented protocols requiring unvaccinated workers to socially distance and wear masks, ruling Wednesday the appellants never made religious objections to those protocols and never sought religious-based accommodations.Â
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July 02, 2025
Amazon Judge Presses FTC On Bid For 'Bad Faith' Finding
As the Federal Trade Commission insisted Wednesday that Amazon should be punished with a bad faith finding for mislabeling documents as privileged in a case over the company's Prime subscription practices, a Washington federal judge questioned why the agency wasn't "made whole" when the court granted its sanctions bid.
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July 02, 2025
2nd Circ. Reinstates FIFA Bribery Convictions
The Second Circuit on Wednesday reinstated two conspiracy convictions linked to the FIFA bribery scandal, saying a former 21st Century Fox executive and a company that brokers media rights for major tournaments weren't absolved by new U.S. Supreme Court rulings.
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July 02, 2025
High Court Case Tops List of Securities Appeals To Watch
The U.S. Supreme Court has agreed to take up at least one shareholder's lawsuit when it reopens its doors in October, and securities attorneys from both the plaintiff and defense bars will be watching that appeal and several others as the year moves forward.
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July 02, 2025
SEC Staff Shares Disclosure Guidance For Crypto ETPs
The U.S. Securities and Exchange Commission staff is providing more insight on its expectations around disclosures for novel crypto exchange-traded products, urging issuers to share risks specific to the product and use plain language over technical jargon to explain the business.
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July 02, 2025
Top Product Liability News In H1 2025
There was no shortage of big rulings, verdicts and happenings in the product liability sphere in the first half of 2025. Here, Law360 looks at the most significant news cross-referenced with the articles that garnered the most page views.
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July 02, 2025
Atkins Says SEC Is Taking A Fresh Look At SPAC Regulations
U.S. Securities and Exchange Commission Chair Paul Atkins said Wednesday that regulators are reviewing recently beefed-up rules governing special-purpose acquisition companies as part of a broader policy of increasing public listings.
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July 02, 2025
Inspire Brands Sued For Firing Director After Bias Complaint
The company that owns and franchises restaurant chains like Arby's, Baskin-Robbins, Buffalo Wild Wings, Dunkin' and Jimmy John's has been sued in Georgia federal court by an ex-employee who alleges she was fired after threatening to report a manager for discrimination.
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July 02, 2025
SEC Says Ex-Calif. Atty, Execs Facilitated $112M Stock Fraud
The U.S. Securities and Exchange Commission has filed suit against a disbarred California attorney and several CEOs of penny stock companies, claiming that they helped an outside party facilitate a $112 million pump-and-dump fraud scheme.
Expert Analysis
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Key Digital Asset Issues Require Antitrust Vigilance
As the digital assets industry continues to mature and consolidate during Trump 2.0, it will inevitably bump up against the antitrust laws in a new way, with potential pitfalls related to merger reviews, conspiratorial or monopolistic conduct, and interlocking directorates, say attorneys at Crowell & Moring.
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11 Tips For Contractors Dealing With DOD Staff Reductions
Defense contractors should prepare for a wide range of disruptions related to procurement and contract administration that are likely amid federal workforce reductions, say attorneys at Covington.
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GC Nominee Likely Has Employer-Friendly NLRB Priorities
President Donald Trump’s nomination of Crystal Carey as general counsel of the National Labor Relations Board indicates the administration's intent to revive precedents favorable to employers, including expansion of permissible employer speech and reinstatement of procedural steps needed for employees to achieve unionization, say attorneys at Vorys.
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4 Takeaways From La. Coastal Wetland Damage Verdict
A recent $745 million verdict in a case filed by a Louisiana parish against Chevron for violating a Louisiana environmental law illustrates that climate-related liabilities pose increasing risk and litigation risk may not follow a red state versus blue state divide, say attorneys at ArentFox Schiff.
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10 Soft Skills Every GC Should Master
As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.
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How Proxy Advisory Firms Are Approaching AI And DEI
Institutional Shareholder Services' and Glass Lewis' annual updates to their proxy voting guidelines reflect some of the biggest issues of the day, including artificial intelligence and DEI, and companies should parse these changes carefully, say attorneys at Cahill Gordon.
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5 Key Issues For Multinational Cos. Mulling Return To Office
As companies increasingly revisit return-to-office mandates, multinational employers may face challenges in enforcing uniform RTO practices globally, but several key considerations and practical solutions can help avoid roadblocks, say attorneys at Baker McKenzie.
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Reviving A Dormant Criminal Statute In Antitrust Prosecution
The U.S. Department of Justice is poised to revive a dormant misdemeanor statute to resolve bid-rigging charges against a foreign national, providing important context to a recent effort to entice foreign defendants to take responsibility for pending charges or face the risk of extradition, say attorneys at Axinn.
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Traversing The Shifting Sands Of ESG Reporting Compliance
Multinational corporations have increasingly found themselves between a rock and a hard place attempting to comply with EU and California ESG requirements while not running afoul of expanding U.S. anti-ESG regimes, but focusing on what is material to shareholder value and establishing strong governance can help, say attorneys at MoFo.
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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How Plan Sponsors Can Mitigate Risk In PBM Contracts
A recent lawsuit in New York federal court alleges that JPMorgan caused exorbitant prescription costs by mishandling the pharmacy benefit manager arrangement, adding to a growing body of Employee Retirement Income Security Act fiduciary breach litigation and affirming that fiduciaries must proactively manage their healthcare plan vendors, say attorneys at Hall Benefits Law.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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Tax Takeaways From Georgia's 2025 Legislative Session
Attorneys at Eversheds Sutherland discuss tax-related measures passed by the Georgia Legislature during the session that adjourned on April 4, which included a decrease in income tax rates, an extension of the time in which to a protest tax assessment and cleanup provisions related to launching the state’s new tax court next year.
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Limit On SEC Enforcement Authority May Mean Fewer Actions
Following a recent U.S. Securities and Exchange Commission final rule revoking the Enforcement Division director's long-standing authority to issue formal investigation orders, it's clear the division is headed for a new era of limited autonomy, marked by a significantly slower pace of SEC investigations, say attorneys at Ballard Spahr.