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May 15, 2025
Coinbase May Avoid BiT Global's $1B Antitrust Suit, For Now
A California federal judge indicated Thursday she'll likely toss a $1 billion antitrust case against Coinbase claiming the cryptocurrency exchange delisted BiT Global after launching a competing "wrapped" bitcoin product for trading on decentralized exchanges, saying the suit didn't plausibly allege that Coinbase gave false justifications for dropping the rival.
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May 15, 2025
GOP Senators Say Gov't Should Ban Chinese Co.'s Routers
More than a dozen Republican senators have come together to urge the U.S. Department of Commerce to block the sale of Chinese-owned router-maker TP-Link's products in the United States, citing their growing fears about Chinese-made technology being used for espionage.
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May 15, 2025
LG Cheats Buyers By Starting Warranties Early, Suit Says
LG Electronics is cheating consumers and breaking California's consumer warranty law by starting warranty periods at the dates consumers buy the appliance company's products and not when products are delivered, two California residents alleged in a putative class action filed Wednesday.
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May 15, 2025
Google Leads In Filing The Most AI Patent Applications
Google is outpacing other Big Tech companies like Microsoft and IBM in filing patent applications in the artificial intelligence space, both globally and in the U.S., according to a new report.
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May 15, 2025
SEC Cuts $512K Deal To End Atty's Racial Bias Suit
The U.S. Securities and Exchange Commission has agreed to pay $512,500 to end a former commission lawyer's discrimination claims alleging she was denied a promotion due to her race and age, according to court documents filed in Pennsylvania federal court on Thursday.
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May 15, 2025
Anthropic's Atty Says Client's Own AI Created Error In Filing
A Latham & Watkins LLP associate representing Anthropic in the artificial intelligence company's copyright fight with music publishers said Thursday that she used Anthropic's own Claude.ai tool to help draft an expert's declaration that included an erroneous citation, but she argued the error was "an honest citation mistake and not a fabrication of authority."
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May 15, 2025
DC's Amazon Antitrust Trial To Be Bumped Deeper Into 2027
The District of Columbia's antitrust suit accusing Amazon of not allowing sellers to offer their products for less on other platforms will probably not make it to trial until closer to mid-2027, after the parties told a D.C. judge Thursday that the original January 2027 trial date would have to be moved back.
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May 15, 2025
Consumer Bid To Block Capital One-Discover Deal Falters
A California federal judge Wednesday rejected a group of consumers' last-minute bid to delay Capital One Financial Corp.'s impending purchase of Discover Financial Services, unpersuaded that the deal poses serious enough potential antitrust concerns to support a preliminary injunction.
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May 15, 2025
Spinal Implant Co. CEO Pleads Guilty Ahead Of Kickback Trial
The head of a Massachusetts medical device company pled guilty Thursday to a false statements charge days before he was set to face a jury over claims that he and another executive bribed surgeons with sham consulting deals to get them to use the company's spinal implants.
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May 15, 2025
SEC, FINRA Staff Retract 2019 Statement On Crypto Custody
U.S. Securities and Exchange Commission and Financial Industry Regulatory Authority staff on Thursday withdrew a joint statement from President Donald Trump's first term warning that existing consumer protection safeguards may not be effective or available for digital asset securities.
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May 15, 2025
FTZ Holding Can't Stop Duty Refund Clock, Trade Court Rules
The U.S. Court of International Trade ruled Thursday that a cigarette distributor waited too long to seek out duty refunds on its product, explaining that products being held for several years in a foreign-trade zone did not prevent the statutory clock from running.
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May 15, 2025
SEC Focused On 'Rooting Out' AI Abuse, Agency Atty Says
The U.S. Securities and Exchange Commission is focused on "rooting out" the misuse of artificial intelligence by brokerage firms and publicly traded companies, a California audience heard Thursday as agency attorneys tried to combat the perception that the SEC's enforcement arm has gone silent.
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May 15, 2025
Ex-Eletson Board Facing Fees In Ch. 11 Fight
A New York bankruptcy judge Thursday said international shipping group Eletson Holdings can collect legal fees for its long-running fight against former board members and that he would consider new sanctions against parties Eletson says are interfering with its Chapter 11 plan.
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May 15, 2025
Apple Accused Of False IPhone AI Promises In 50-State Suit
Apple pulled a bait-and-switch on phone buyers when it promised that new artificial intelligence features would be available on the iPhone 16, despite knowing it hadn't yet developed those features, according to a sprawling proposed class action that brings claims under consumer protection laws in all 50 states.
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May 15, 2025
House Tax Bill's Foreign Rules May Finish Off Energy Perks
House Republicans' mammoth tax bill proposes phasing out two popular clean electricity business tax credits, but additional restrictions on eligible development projects' foreign business ties could have the same effect as immediately repealing them.
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May 15, 2025
DC Circ. Doubts Jurisdiction In Baristas' NLRB Challenge
A D.C. Circuit panel expressed skepticism Thursday that it had any role in deciding two Starbucks workers' challenge to job protections for National Labor Relations Board members now that the agency agrees with the baristas' argument.
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May 15, 2025
SEC-Ripple Deal Hits Speed Bump With NY Judge
The New York federal judge who oversees the U.S. Securities and Exchange Commission's enforcement case against blockchain firm Ripple Labs declined Thursday to bless a deal that would truncate the penalties and injunctions she levied in her judgment, saying the request was made in a "procedurally improper" way.
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May 15, 2025
FTC Chair Says Staffing Cuts Needed After Hiring Spree
Federal Trade Commission Chairman Andrew Ferguson told lawmakers on Thursday that the previous administration hired too many agency staffers and said he is looking to reduce the workforce by around 16% while trying to avoid layoffs.
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May 15, 2025
Curaleaf And Ex-VP In Settlement Talks, Court Told
Curaleaf has tentatively agreed to drop a lawsuit against a former executive it accused of stealing confidential records to share with a rival cannabis firm, according to a notice filed in Florida federal court.
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May 15, 2025
Ex-Ohio Speaker Wins More Time To Retool Bribery Appeal
The Sixth Circuit Thursday granted former Ohio House of Representatives Speaker Larry Householder more time to iron out his bid for the court to reconsider its refusal to vacate his bribery conviction over the FirstEnergy nuclear bailout scandal that got him sentenced to 20 years in prison.
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May 15, 2025
Golden Corral Can't Resurrect COVID-19 Coverage Case
A North Carolina federal court blocked Golden Corral's last-ditch effort at COVID-19 insurance coverage, finding that although similar policyholders scored a recent win before the state's supreme court, that victory wasn't "extraordinary" enough to disturb a final judgment against the restaurant chain.
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May 15, 2025
Senior Living Co. Pleads For Proxy Fight Win After CEO Exit
Brookdale Senior Living, the largest U.S. senior living operator, urged shareholders Thursday to reject a proxy contest brought by an affiliate of activist investor Ortelius Advisors, claiming the fund hasn't offered a new strategy for the company despite its criticism.
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May 15, 2025
NJ Securities Chief Fills In For Departing Consumer Watchdog
New Jersey's securities enforcement chief is temporarily filling in as the state's consumer watchdog, as the individual confirmed to the latter role seven months ago is departing, according to an announcement by Attorney General Matt Platkin.
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May 15, 2025
AI Startup Perplexity Seeks $14B Valuation, And More Rumors
Perplexity is in talks for a new funding round that would value the artificial intelligence startup at $14 billion, OpenAI is reworking a multibillion-dollar agreement with Microsoft Corp. in order to free up its plans for an initial public offering, and Dutch power grid operator TenneT is considering selling a stake in its German division for up to $13 billion.
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May 15, 2025
Senate Confirms Trump's Pick For EPA General Counsel
The U.S. Senate on Thursday voted to confirm Sean Donahue as the U.S. Environmental Protection Agency's general counsel.
Expert Analysis
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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.
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Calif. Antitrust Laws May Turn More Zealous Than US Regs
California is poised in the next 18 months to significantly expand its antitrust laws, broadening the scope of liability and creating a premerger review process that could be more expansive than review under the Hart-Scott-Rodino Act, say attorneys at Munger Tolles.
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As SEC, CFTC Retreat, Who Will Police The Crypto Markets?
As the U.S. Securities and Exchange Commission and U.S. Commodity Futures Trading Commission pull back from policing the crypto markets, the Federal Trade Commission and Consumer Financial Protection Bureau have the authority to pick up the slack — although recent events raise doubts that they will do so, say attorneys at Skadden.
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Digesting A 2nd Circ. Ruling On Food Delivery App Arbitration
The Second Circuit recently rejected Grubhub's attempt to arbitrate price-fixing claims, while allowing Uber Eats to do so, reinforcing that even broad arbitration clauses must connect to the underlying dispute and suggesting that terms of service litigation may center on websites' design and content, say attorneys at Greenspoon Marder.