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Compliance
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August 11, 2025
Judge OKs Becton Dickinson's $9M Investor Settlement
A New Jersey federal judge on Monday granted the final green light to a $9 million deal that will end shareholder derivative claims that the top brass of medical tech manufacturer Becton Dickinson tried to hide regulatory problems regarding sales of its Alaris pump.
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August 11, 2025
SEC Says Biotech Investor Traded On Inside Info About Deal
The U.S. Securities and Exchange Commission has filed suit against a Texas-based individual investor, accusing him of insider trading on stocks by buying shares of a public biotech firm ahead of its 2020 merger with a privately held biotechnology company.
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August 11, 2025
Catching Up With Delaware's Chancery Court
Nielsen Holdings Ltd. and consumer intelligence spinoff Nielsen Consumer IQ agreed to end their dispute, a sole investor asked the court to name him lead plaintiff in a suit challenging Endeavor's $13 billion take-private deal, and the Chancery Court announced a new, automated case assignment regime. Here's the latest from the Delaware Chancery Court.
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August 11, 2025
Nestle Faces Suit Over Alleged Child Labor In Supply Chain
A human rights group is claiming Nestle has known of child labor being used throughout its West African cocoa supply chain and yet still marketed its "zero tolerance to child labor" policy in a new suit moved to D.C. federal court Friday.
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August 11, 2025
NTIA Urged To Let States Decide On 'Anchor' Funding
The U.S. Department of Commerce should defer to states as they decide what qualifies as an "anchor" institution for purposes of federal broadband deployment grants, two advocacy groups said Monday.
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August 11, 2025
White & Case Adds Ex-Chicago Prosecutor From Perkins Coie
White & Case LLP has grown its global litigation practice in Chicago with the addition of a longtime Perkins Coie LLP partner who previously was an assistant U.S. attorney in the city, the firm said Monday.
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August 11, 2025
Rising Star: Morgan Lewis' Katelyn Hilferty
In the months since U.S. tariff policy was remade under a new presidential administration, Morgan Lewis & Bockius LLP's Katie Hilferty has worked closely with clients facing significant sudden uncertainties to help resolve their international trade compliance questions and avoid disruption to their businesses, earning her a place among the compliance attorneys under age 40 honored by Law360 as Rising Stars.
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August 11, 2025
Crypto Co. Kraken's Litigation Lead Departs After 6 Years
The deputy general counsel who headed litigation at crypto exchange Kraken is stepping down from the role after helping steer it through multiple battles with federal regulators.
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August 11, 2025
Terraform Founder Set To Plead Out Of $40B Fraud Case
Terraform founder Do Kwon is on track to enter a guilty plea in his $40 billion criminal fraud case, a Manhattan federal judge said Monday, in an order that comes ahead of a scheduled 2026 trial and amid weeks of talks between his lawyers and prosecutors.
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August 11, 2025
FCC Republican Names Senior Legal Adviser
A Republican on the Federal Communications Commission on Monday named an FCC lawyer and Wiley Rein LLP alum as her new senior legal adviser.
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August 11, 2025
Feds, Wind Farm Backers Cross Swords Over Permitting Halt
The U.S. government and opponents of the Trump administration's halt of wind farm project reviews have made their cases to a Massachusetts federal judge as to why they should prevail in litigation challenging the legality of the moratorium.
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August 11, 2025
Investors Sue CTO Realty Over Alleged Dividend Deception
A proposed class of shareholders in retail-focused real estate investment trust CTO Realty Growth Inc. filed a lawsuit in Florida federal court claiming the REIT misled them about its financial metrics, the sustainability of dividends and the profitability of an Atlanta mixed-use community.
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August 09, 2025
Real Estate Recap: Higher Ed, Big 4, Rising Stars
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including creative ways institutions of higher learning are monetizing real estate, second quarter takeaways from top commercial real estate brokerages, and profiles of two of the industry's rising stars.
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August 08, 2025
FERC's Policy Work Was A Mixed Bag For Departing Chair
Outgoing Federal Energy Regulatory Commission Chairman Mark Christie touted the agency's work to encourage gas infrastructure development during his tenure, but lamented its failure to advance electricity policies aimed at lowering transmission costs and ensuring there's enough power supplying the nation's grid.
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August 08, 2025
Trump Admin Threatens To Take Harvard's Patents
The U.S. Department of Commerce on Friday threatened to invoke the government's so-called march-in rights to take control of patents owned by Harvard University, accusing the Ivy League institution of not meeting its obligations tied to federally funded research.
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August 08, 2025
CFPB Preps Complaint Against Failed Fintech Firm Synapse
The Consumer Financial Protection Bureau is getting ready to file a complaint against bankrupt Synapse Financial Technologies on allegations it failed to properly keep track of consumer funds and left as much as $90 million in consumer funds unrecovered, the fintech firm's trustee has told a bankruptcy judge in California.
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August 08, 2025
Plane Kit Buyer Accuses Aircraft Co. Owner Of 'Ponzi-like' Plot
A prospective aircraft owner who paid Veloce Planes LLC more than $300,000 for an experimental kit plane has accused the company's president of failing to deliver on their contract and instead rerouting his money to another project in a "Ponzi-like" scheme.
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August 08, 2025
Greystar Cuts Deal To Exit DOJ's RealPage Price-Fixing Suit
Greystar Management Services LLC has reached an agreement to resolve rent price-fixing claims brought by the U.S. Department of Justice, which has gone after several landlords allegedly using algorithms to coordinate rent prices, and will cooperate in the case against RealPage, the agency announced Friday.
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August 08, 2025
Ark. Farmers Say Okla. Pollution Plan Violates State Sovereignty
The Arkansas Farm Bureau Federation and two cattle ranchers are urging a federal court in Oklahoma to reject the state's $103 million solution to end a long-running legal fight against poultry producers, including Tysons Foods Inc., for polluting the Illinois River Watershed, saying Oklahoma's proposed limits on fertilizer derived from chicken waste would violate Arkansas' sovereignty.
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August 08, 2025
Ripple Exits SEC Case With An Injunction Still Over Its Head
The U.S. Securities and Exchange Commission's long-running case against Ripple Labs has finally come to an end with both sides agreeing to drop competing appeals, but the crypto firm's inability to shake a court-ordered judgment leaves it potentially vulnerable to future enforcement actions.
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August 08, 2025
9th Circ. Says Ex-Atty Sued By CFPB Still On Hook For $243M
The Ninth Circuit refused to free a disbarred attorney from a $243 million order that included civil penalties to the Consumer Financial Protection Bureau for his role in a student loan scam, finding no genuine dispute whether the former lawyer violated consumer protection law.
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August 08, 2025
6th Circ. Revives Dodge Ram Drivers' Emissions Fraud Claims
The Sixth Circuit signaled Friday that federal law doesn't preempt a group of drivers' claims alleging Fiat Chrysler and engine manufacturer Cummins deceptively marketed Dodge Ram trucks as being more environmentally friendly than they actually were, punting the dispute back to Michigan federal court.
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August 08, 2025
Exxon, Suncor Urge Justices To Halt Colo. Climate Suit
Exxon Mobil Corp. and Suncor Energy Inc. on Friday urged the U.S. Supreme Court to review the Colorado Supreme Court's decision allowing the city and county of Boulder's climate change tort against the companies to proceed in state court, arguing that the localities' claims are preempted by federal law.
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August 08, 2025
Tornado Cash Case Far From Over With Jury's Mixed Verdict
The split verdict in the Tornado Cash trial likely won't encourage prosecutors to go after crypto projects for failing to register as money transmitters, but it may still leave software developers open to liability if they seem aware of others' misuse of their creations.
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August 08, 2025
How Patent Attys Can Limit 'Skinny Label' Risks In Ads
The Federal Circuit has twice cited a company's marketing practices to allow arguments that a generic drug's "skinny label" could induce patent infringement, and here, Law360 offers tips on how patent attorneys can take a more active role in making sure company and client advertisements pass muster.
Expert Analysis
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HHS Plan To Cut Immigrant Benefits Spurs Provider Questions
A recent notice from the U.S. Department of Health and Human Services identifying new federal public benefit programs for which nonqualified aliens are not eligible may have a major impact on entities that participate in these programs — but many questions remain unanswered, say attorneys at Foley.
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A Simple Way Courts Can Help Attys Avoid AI Hallucinations
As attorneys increasingly rely on generative artificial intelligence for legal research, courts should consider expanding online quality control programs to flag potential hallucinations — permitting counsel to correct mistakes and sparing judges the burden of imposing sanctions, say attorneys at Lankler Siffert & Wohl and Connors.
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Opinion
SEC Should Restore Its 2020 Proxy Adviser Rule
Due to concerns over proxy advisers' accuracy, reliability and transparency, the U.S. Securities and Exchange Commission should reinstate its 2020 rule designed to suppress the influence that they wield in shareholder voting, says Kyle Isakower at the American Council for Capital Formation.
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DOJ Consumer Branch's End Leaves FDA Litigation Questions
With the dissolution of the U.S. Department of Justice's Consumer Protection Branch set to occur by Sept. 30, companies must carefully monitor how responsibility is reallocated for civil and criminal enforcement cases related to products regulated by the U.S. Food and Drug Administration, say attorneys at Foley & Lardner.
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Surveying The Changing Overdraft Fee Landscape
Despite recent federal moves that undermine consumer overdraft fee protections, last year’s increase in fee charges suggests banks will face continued scrutiny via litigation and state regulation, says Amanda Kurzendoerfer at Bates White.
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What's At Stake In High Court Review Of Funds' Right To Sue
The U.S. Supreme Court's upcoming review of FS Credit Opportunities v. Saba Capital Master Fund, a case testing the limits of using Investment Company Act Section 47(b) to give funds a private right of action to enforce other sections of the law, could either encourage or curb similar activist investor lawsuits, say attorneys at Goodwin.
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Handling Sanctions Risk Cartel Control Brings To Mexico Port
Companies operating in or trading with Mexico should take steps to mitigate heightened exposure triggered by routine port transactions following the U.S. Treasury’s recent unequivocal statement that a foreign terrorist organization controls the port of Manzanillo, says Jeremy Paner at Hughes Hubbard.
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The Road Ahead For Digital Assets Looks Promising
With new legislation expected to accelerate the adoption of blockchain technology, and with regulators taking a markedly more permissive approach to digital assets, the convergence of traditional finance and decentralized finance is closer than ever, say attorneys at Dechert.
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Opinion
Closing The Chemical Safety Board Is A Mistake
The U.S. Chemical Safety and Hazard Investigation Board, which investigates the root causes of major chemical incidents, provides an essential component of worker and community safety and should not be defunded, says Reuben Guttman at Guttman Buschner.
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A Look At NAIC's Proposed Tool For Evaluation Of Insurer AI
The National Association of Insurance Commissioners' recently proposed tool that would enable regulators to assess risks posed by insurers' use of artificial intelligence takes a more expansive approach than the organization's 2023 model bulletin, which focused primarily on consumer risks, say attorneys at Eversheds.
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How Securities Defendants Might Use New Wire Fraud Ruling
Though the Second Circuit’s recent U.S. v. Chastain decision — vacating the conviction of an ex-OpenSea staffer — involved the wire fraud statute, insider trading defendants might attempt to import the ruling’s reasoning into the securities realm, says Jonathan Richman at Brown Rudnick.
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Cos. Must Tailor Due Diligence As Trafficking Risks Increase
As legislators, prosecutors and plaintiffs attorneys increasingly focus on labor and sex trafficking throughout the U.S., companies must tailor their due diligence strategies to protect against forced labor trafficking risks in their supply chains, say attorneys at Steptoe.
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Unpacking The Supreme Court's Views On Judgment Finality
The U.S. Supreme Court's June opinion in BLOM Bank SAL v. Honickman reaffirmed that the bar for reopening a final judgment remains exceptionally high — even when the movant seeks to amend their complaint based on a new legal development, say attorneys at Venable.
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Series
Creating Botanical Art Makes Me A Better Lawyer
Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.
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New Federal Worker Religious Protections Test All Employers
A recent Trump administration memorandum expanding federal employees' religious protections raises tough questions for all employers and signals a larger trend toward significantly expanding religious rights in the workplace, say attorneys at Seyfarth.