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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.
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June 02, 2025
J&J Again Seeks To Block Beasley Allen In NJ Talc Litigation
Johnson & Johnson has opposed a New Jersey talc claimant's motion for the pro hac vice admission of two attorneys from The Beasley Allen Law Firm, claiming the partners' conduct in its talc unit's bankruptcy proceedings warrants denial of the application.
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June 02, 2025
Titan Of The Plaintiffs Bar: Labaton Keller's Ned Weinberger
Ned Weinberger, a partner at Labaton Keller Sucharow LLP, said he never expected that his clients' suit challenging a $23.9 billion Dell Technologies Inc. stock swap would reach a whopping $1 billion settlement, let alone result in the largest prejudgment recovery ever achieved in a fiduciary duty action in the Delaware Chancery Court.
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June 02, 2025
The Top In-House Hires Of May
Legal department hires over the past month included high-profile appointments at Adobe, Takeda Pharmaceutical and Duke Energy. Here, Law360 Pulse looks at some of the top in-house announcements from May.
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June 02, 2025
1st Circ. Partially Revives 'Varsity Blues' Conviction
The First Circuit has reinstated one of the two convictions against a former University of Southern California coach in the "Varsity Blues" college admissions case, saying a federal district court "did not explain" its decision to wipe out the entire verdict.
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June 02, 2025
Ashurst, King & Wood Guide $9.1B Soul Patts Merger Plan
Washington H. Soul Pattinson and Co. Ltd. and building products maker Brickworks Ltd. plan to merge into a company with a market capitalization of AU$14 billion ($9.1 billion), aiming to eliminate a decades-old cross-shareholding structure and create a unified entity, the Australian investment firm disclosed on Monday.
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June 02, 2025
Ex-Par Funding CFO Sentenced To 5½ Years, Must Pay $303M
Joseph Cole Barleta, the last of the triumvirate behind the $404 million Par Funding investment scam to be sentenced, was handed a 66-month prison term Monday, along with a staggering $303 million restitution order.
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June 02, 2025
Justices Turn Away Constitutional Challenge To FINRA Powers
The U.S. Supreme Court on Monday declined to take up a case calling into question the constitutionality of the in-house disciplinary process used by the Financial Industry Regulatory Authority, rejecting an appeal by a broker-dealer facing expulsion from the industry.
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June 02, 2025
Justices To Probe GEO's Immunity Claim In Forced Labor Suit
The U.S. Supreme Court on Monday agreed to take up GEO Group Inc.'s bid for review of a Tenth Circuit decision dismissing the private prison company's immediate appeal of an adverse immunity determination in a forced labor class action.
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June 02, 2025
High Court Rejects Bard Patent Misuse Dispute
The U.S. Supreme Court on Monday said it won't consider the Ninth Circuit's decision to revive a $53 million breach of contract suit C.R. Bard Inc. filed against Atrium Medical Corp. over patent royalties and patent misuse.
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May 30, 2025
'Not Sure It Fits': Google Judge Challenges DOJ AI Boost Idea
Generative artificial intelligence may be the future of online search, but a D.C. federal judge cast doubt Friday on the Justice Department's bid to force Google to share and syndicate its search results with companies like OpenAI as he mulls what remedies to impose against Google's search monopoly.
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May 30, 2025
Real Estate Recap: Religious Land, Hotel Surge, Land-Banking
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including interviews with attorneys about recent disputes over land use for religious purposes, a surge in hospitality sector transactions, and the rise of land-banking law.
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May 30, 2025
ITC Ends Ericsson, Motorola Patent Fight After Settlement
The U.S. International Trade Commission has agreed to drop an investigation into allegations that Motorola infringed patents owned by Swedish telecom giant Ericsson with its mobile phones after the companies settled their dispute.
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May 30, 2025
SEC's Staking Guidance Ignores Court Rulings, Crenshaw Says
The U.S. Securities and Exchange Commission's dismissal of its lawsuit against crypto exchange Binance paved the way for its staff's same-day statement that many "staking" services are no longer subject to agency jurisdiction, according to the SEC's sole Democrat, who criticized the move as conflicting with a pair of court decisions the agency won.
Expert Analysis
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Tracking The Evolution Of Liability Management Exercises
As liability management exercises face increasing legal scrutiny, understanding the history of these debt restructuring tools can help explain how the playbook keeps adapting — and why the next move is always just one ruling or transaction away, say attorneys at Weil.
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A Tale Of Two Admins: Parsing 1st Half Of SEC's FY 2025
The first half of the U.S. Securities and Exchange Commission's fiscal year 2025, which ended March 31, was unusually eventful, marked by a flurry of enforcement actions in the last three months of former Chair Gary Gensler's tenure and a prompt pivot after Inauguration Day, say attorneys at Jones Day.
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Getting Ahead Of The SEC's Continued Focus On Cyber, AI
The U.S. Securities and Exchange Commission is showing it will continue to scrutinize actions involving cybersecurity and artificial intelligence, but there are proactive measures that companies and financial institutions can take to avoid regulatory scrutiny going forward, say attorneys at Morgan Lewis.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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ERISA Forecast After Diverging Pension Risk Transfer Rulings
Two district courts' split decisions on whether plaintiffs had standing in class actions challenging pension risk transfer transactions, amid a swath of similar suits, provide an early indication of how courts might rule in this new wave of Employee Retirement Income Security Act litigation, say attorneys at Gibson Dunn.
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Despite SEC Climate Pause, Cos. Must Still Heed State Regs
While businesses may have been given a reprieve from the U.S. Securities and Exchange Commission's rules aimed at standardizing climate-related disclosures, they must still track evolving requirements in states including California, Illinois, New Jersey and New York that will soon require reporting of direct and indirect carbon emissions, say attorneys at Husch Blackwell.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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5 Areas Contractors Should Watch After 1st 100 Days
Federal agencies and contractors face challenges from staff reductions, contract terminations, pending regulatory reform and other actions from the second Trump administration's first 100 days, but other areas stand to become more efficient and cost-effective, say attorneys at Thompson Hine.
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Crunching The Numbers Of Trump SEC's 1st 100 Days
During the first 100 days of the second Trump administration, the U.S. Securities and Exchange Commission brought significantly fewer stand-alone enforcement actions than at the beginning of the Biden and the first Trump administrations, with every one of the federal court complaints including allegations of fraudulent conduct, say attorneys at Dentons.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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Addressing D&O Allocation Questions Amid Shifting Economy
As increasing global insolvency this year may lead to an increase in directors and officers insurance claims, businesses should review their policies' allocation provisions to avoid negotiating how coverage will apply to covered and uncovered claims during a suit, say attorneys at Reed Smith.
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A Look At Probabilistic Tracing After High Court's Slack Ruling
Recent decisions following the U.S. Supreme Court's 2023 ruling in Slack v. Pirani have increased the difficulty of pleading Securities Act claims for securities issued in direct listings by rejecting the use of statistical probabilities to establish that share purchases were traceable to a challenged registration statement, says Jonathan Richman at Brown Rudnick.
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3 Change Management Tools To Boost Compliance Efforts
As companies grapple with rapidly changing regulations and expectations, leaders charged with implementing their organizations’ compliance programs should look to change management principles to make the process less costly and more effective, says Liisa Thomas at Sheppard Mullin.
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FDIC Rules Rollback Foretells More Pro-Industry Changes
The Federal Deposit Insurance Corp.’s March withdrawal of Biden-era proposals to tighten brokered deposit rules and impose new corporate governance standards shows that acting chair Travis Hill’s commitment to reviewing regulations that may restrict growth and innovation for financial institution and fintech companies is unlikely to flag soon, say attorneys at Cooley.
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NY Tax Talk: Sourcing, Retroactivity, Information Services
Attorneys at Eversheds Sutherland examine recent decisions by New York’s Tax Appeals Tribunal, Division of Taxation and Court of Appeals on location sourcing of broker-dealer receipts, a case of first impression on the retroactive application of Corporate Franchise Tax regulations and when fees for information services are excluded from taxation.