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Corporate
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October 21, 2025
9th Circ. Panel Reaffirms NLRB's Use Of 'Thryv Remedies'
The National Labor Relations Board correctly applied its 2022 Thryv ruling when it ordered Macy's to pay heightened remedies after refusing to rehire strikers, a split Ninth Circuit panel reaffirmed, shooting down a request to reconsider a split panel decision from January while amending the decision slightly.
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October 21, 2025
Chancery Bars No-Notice Removals Of 2 Co. Directors
Ruling that "trickery" and "sandbagging" are out of order as boardroom and corporate governance tools, a Delaware vice chancellor on Tuesday invalidated the no-notice removal of two company directors from a five-member information tech company board.
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October 21, 2025
Sony Music Says DSW 'Sprinted' With IP Suit To Forum-Shop
Sony Music Entertainment has urged an Ohio federal court to dismiss a suit that seeks a judgment declaring DSW's social media posts did not infringe the music label's copyrights, saying the footwear company filed suit to gain a "perceived tactical advantage" hours after Sony Music said it was preparing a complaint.
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October 21, 2025
Apartments.com Operator CoStar Beats Video Privacy Suit
A Missouri federal judge tossed a proposed class action alleging the operator of Apartments.com unlawfully shared data about the visitors to the rental website, holding that CoStar Realty isn't covered by the federal Video Privacy Protection Act because it's not a videotape business.
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October 21, 2025
FTC's Holyoak Thinks US Enforcers Should Stick To US Law
Federal Trade Commission member Melissa Holyoak suggested Tuesday that the Republican-led agency is unlikely to nudge its international peers to block mergers on its behalf, as it was accused of doing previously.
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October 21, 2025
Judge Trims Pharma Co. Claims Against Ex-Employees
A Florida federal judge has narrowed pharmaceutical company Lupin Inc.'s lawsuit accusing a rival of stealing trade secrets, freeing a pair of former employees of claims that they breached their fiduciary duties by allegedly swiping the company's confidential information.
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October 21, 2025
Chancery Mulls 'Sufficiency' Ruling In Squarespace Doc Suit
An attorney for a former stockholder of website hosting venture Squarespace Inc. told a Delaware vice chancellor Tuesday that the Chancery Court's senior magistrate erred in declining to order a release of emails for a books and records investigation focused on the company founder's role in a $7.2 billion take-private sale.
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October 21, 2025
2nd Circ. Weighs Reviving Signature Bank Investor Suit
The Second Circuit quizzed an FDIC attorney Tuesday over the agency's ability to stop Signature Bank's former shareholders from suing following the bank's collapse, with the judges considering whether to revive a lawsuit accusing Signature's brass and its outside auditor of failing to warn investors about its liquidity problems.
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October 21, 2025
Ex-Crypto Exec Claims Stablecoin Venture Betrayed Him
A former executive of a cryptocurrency company has launched a Delaware Chancery Court suit accusing its controlling members of fraudulently coercing him into signing away his rights and then usurping the company's planned stablecoin venture for themselves, breaching their fiduciary and contractual duties to both him and the firm.
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October 21, 2025
Purdue Touts Wide Support For Latest Ch. 11 Plan
Pharmaceutical titan Purdue Pharma heralded Tuesday that its newest Chapter 11 plan has almost total support from voting creditors, saying the proposal could pave the way to creditors receiving more than $7 billion, after its well-publicized role in the opioid epidemic pushed the company into bankruptcy and the U.S. Supreme Court rejected its original plan.
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October 21, 2025
Investors Tell Chancery CytoDyn Board Ignored Drug Scheme
Stockholders of CytoDyn Inc. have filed a consolidated derivative complaint in the Delaware Chancery Court, accusing the company's leadership of wrongfully refusing to investigate and sue its former CEO and others over an aligned scheme to mislead investors about the company's flagship drug.
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October 21, 2025
4th Circ. Dubious Of Class Status In Genworth 401(k) Suit
The Fourth Circuit seemed likely Tuesday to unravel a nearly 4,000-member class of Genworth Financial employee 401(k) participants who allegedly saw their retirement savings dragged down by underperforming BlackRock target date funds, given that individual investors' returns varied based on how close they were to retirement.
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October 21, 2025
Trump Inks Rare Earths, Critical Minerals Deal With Australia
U.S. President Donald Trump and Australian Prime Minister Anthony Albanese inked a critical minerals and rare earths agreement under which the White House said the countries plan to invest more than $3 billion combined in critical minerals projects over the next six months.
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October 21, 2025
Beauty Exec Wants $40M Set-Aside After $1B L'Oreal Sale
The former president of a Connecticut beauty brand that L'Oreal bought for around $1 billion wants the company to secure $40 million in case she wins her lawsuit claiming she is owed a much bigger slice of the proceeds.
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October 21, 2025
Chamber Survey Says Overhaul Doubled Merger Filing Burden
The U.S. Chamber of Commerce on Monday released the results of a small survey indicating that an overhaul of U.S. merger notification requirements, which it's challenging in court, has created a dramatic increase in the time spent by outside counsel and the costs associated with preparing transaction paperwork.
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October 21, 2025
Belkin Burden Nabs Condo & Co-Op Expert In Hiring Spree
Belkin Burden Goldman LLP added a condominium and co-op expert to its bench, noting that the new partner has expertise in corporate governance, operations disputes and building management issues.
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October 21, 2025
Judge Agrees With United That Wage Suits Are Linked
A suit accusing United Airlines of conspiring to underpay workers is related to another case in which flight attendants are bringing a grievance to arbitration without the Teamsters' support, a California federal judge ruled, turning down a worker's arguments that the cases didn't overlap.
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October 21, 2025
Medtronic Says 8th Circ. Wrongly Tossed Tax Court's Method
The Eighth Circuit's rejection of the U.S. Tax Court's latest ruling on the pricing of Medtronic intangibles placed unnecessary restrictions on the court's unspecified method addressing such assets transferred to Puerto Rico, the company argued as it asked the circuit court to rethink its decision.
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October 21, 2025
O'Melveny Adds Corporate Finance Partner In Singapore
O'Melveny & Myers LLP has added an experienced corporate finance partner from Kirkland & Ellis LLP to its Singapore office, amid an expansion of the firm's finance capabilities in Asia.
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October 21, 2025
US Gov't Shutdown Delaying Magnum Spinoff, Unilever Says
Consumer goods giant Unilever said Tuesday that it has to delay moves to spin off its ice cream business because of the U.S. government shutdown, which is entering its third week.
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October 20, 2025
USCIS Guidance Gives Scope Of New $100K H-1B Fee
The $100,000 fee requirement for H-1B visas that took effect last month applies to new H-1B petitions filed on behalf of applicants who are outside the United States, U.S. Citizenship and Immigration Services said Monday.
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October 20, 2025
Marriott Tried To 'Hijack' Delta's Trademark, Airline Tells Judge
Delta Air Lines Inc. argued on Monday that Marriott International Inc. tried to "hijack" its brand and good will when it purchased and expanded a Canadian hotel chain called "Delta Hotels" into the United States, during the first day of a trademark bench trial.
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October 20, 2025
Zuckerberg Ordered To Testify At 1st Social Media Harm Trial
A Los Angeles judge on Monday ordered Meta Platforms CEO Mark Zuckerberg to testify at an upcoming bellwether trial over major social media technology companies allegedly causing harm to young users' mental health, but put off deciding whether he must testify at future bellwether trials.
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October 20, 2025
IT Company Says Plaintiff In Contract Suit Threatened Worker
An information technology company defending against claims that it committed fraud while performing a contract for online retailer Wayfair LLC told a Texas federal court the plaintiff who brought the suit should be sanctioned for threatening an employee.
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October 20, 2025
5th Circ. Affirms Fraud Conviction Of Failed Bank's Ex-CEO
A Fifth Circuit panel upheld the conviction of former First NBC Bank CEO Ashton J. Ryan Jr., who was sentenced to 14 years in prison and ordered to pay $215 million in restitution after a jury found him guilty of bank fraud and conspiracy related to the collapse of the Louisiana bank.
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.