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Corporate
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August 04, 2025
Feds Get 2nd Crack At Regeneron FCA Case After Key Ruling
The government may pursue an alternate theory of its False Claims Act kickback case against Regeneron Pharmaceuticals Inc. and try again for a pretrial win after a First Circuit ruling created a "critical shift" in the law, a Massachusetts federal judge said Monday.
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August 04, 2025
Ex-CNBC Pundit Gets 5 Years For $2.7M Investor Fraud
A California federal judge sentenced former frequent CNBC guest James Arthur McDonald Jr. to five years in prison Monday for defrauding investors out of at least $2.7 million after he admitted he "betrayed" some of his close friends as part of his scam.
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August 04, 2025
Apple Hits 'Apple Cinemas' With TM Suit Amid Expansion
Apple Inc. has sued a movie theater chain called Apple Cinemas in Massachusetts federal court over trademark infringement claims, saying the cinema brand has expanded to the tech giant's backyard by opening in a historic theater location in San Francisco.
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August 04, 2025
Catching Up With Delaware's Chancery Court
Last week at the Delaware Court of Chancery, insurance brokerage and risk management giant Marsh & McLennan Cos. sought injunctive relief in a new suit accusing U.S. affiliates of London-based Howden Holdings Ltd. of a poaching scheme that involved over 100 M&M employees resigning on July 21.
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August 04, 2025
McGuireWoods Adds Private Equity Pro From Paul Weiss
McGuireWoods LLP announced Monday the firm has grown its private equity offerings in New York with the addition of an attorney from Paul Weiss Rifkind Wharton & Garrison LLP.
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August 04, 2025
2 Firms Guide Elme Communities' $1.6B Portfolio Sale
Elme Communities announced Monday that it plans to sell 19 multifamily assets to Cortland Partners LLC in a $1.6 billion deal, after which the multifamily real estate investment trust will liquidate remaining assets, in a deal guided by King & Spalding and Hogan Lovells.
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August 04, 2025
Anthropic Asks 9th Circ. To Review Authors' Class Cert.
Anthropic PBC has asked the Ninth Circuit to review a California federal judge's class certification of a group of authors suing over use of their books to train artificial intelligence, saying the judge had rushed to approve a class of nearly seven million potential claimants.
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August 04, 2025
Nespresso Accused Of Racial Bias In Ex-Employee's Lawsuit
A Black woman who worked at Nespresso for more than a decade has sued her former employer in Illinois federal court, saying she was routinely denied promotions and subjected to comments about her "messy" hair and having the "loudest voice in the room," but was still trotted out to work on the Nestle subsidiary's diversity initiatives.
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August 04, 2025
DuPont Inks $2.5B Deal With NJ Over PFAS Pollution
E.I. du Pont de Nemours and New Jersey have reached a more than $2 billion landmark deal to remedy long-standing "forever chemical" contamination at the company's manufacturing sites across the Garden State, including a longtime facility in Salem County.
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August 04, 2025
UBS To Pay DOJ $300M To Settle Inherited Credit Suisse Case
Swiss bank UBS said Monday it has agreed to pay the U.S. Department of Justice $300 million to settle outstanding obligations inherited from the mortgage-backed securities business of Credit Suisse, the lender it acquired in 2023.
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August 01, 2025
PE Investor Can't Move Suit to Del., NC Judge Says
A North Carolina Business Court judge declined to allow a private equity investor to voluntarily dismiss its derivative lawsuit against the fund's asset manager and majority owner and move the case to Delaware, finding that the shareholder failed to plead facts demonstrating a legitimate derivative claim under Delaware law.
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August 01, 2025
Defamation Litigation Roundup: Epstein, Macron, Lindell
In this month's review of defamation fights, Law360 reviews U.S. President Donald Trump's suit against the Wall Street Journal over its reporting on his connections to deceased financier and convicted sex offender Jeffrey Epstein, as well as a Second Circuit decision about the potential unsealing of documents in a since-settled, Epstein-related defamation suit.
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August 01, 2025
Michigan Ruling Casts Doubt On Employment Suit Time Limits
A ruling from Michigan's highest court creates uncertainty for employers about the enforceability of contractually shortened limitation periods in the state, attorneys told Law360.
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August 01, 2025
3rd Circ. Asked To Revive Amazon Biometric Data Suit
A federal judge erred in tossing class claims accusing Amazon of collecting consumers' voice data without their consent, including by finding that a third-party software company was a "financial institution," the named plaintiffs told the Third Circuit
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August 01, 2025
Real Estate Recap: Succession Planning, 'Build, Baby, Build'
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney insights into how law firms are winning the succession game, and the Trump administration's efforts to cut red tape for data center projects.
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August 01, 2025
Marsh McLennan Sues In Del. Claiming Mass 'Poach'
Insurance brokerage and risk management giant Marsh & McLennan Cos. sued U.S. affiliates of London-based Howden Holdings Ltd. in Delaware's Court of Chancery on Friday, alleging Howden arranged a mass "lift out" of Marsh McLennan employees and clients around the country.
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August 01, 2025
Employment Authority: The Push For NYC's $30 Min Wage
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on New York City mayoral nominee Zohran Mamdani's pitch for a $30 an hour minimum wage, why a new report is raising alarms that digital surveillance systems at work are causing wage theft and discrimination, and why experts say it was an unusual move for President Trump to call on the National Labor Relations Board to clarify the status of college athletes.
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August 01, 2025
Texas Judge Says States Can Pursue BlackRock Coal Suit
A Texas federal judge Friday gave Texas and other states the go-ahead to pursue claims that BlackRock Inc. and other asset managers used market muscle to decrease coal production, saying the states plausibly showed that the asset managers breached antitrust laws.
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August 01, 2025
4 Mass. Rulings You May Have Missed In July
A cannabis company in the process of going out of business cannot rely on a state court receivership to shield it from creditors in other states, and the owners of shuttered Norwood Hospital can't renew an expired permit issued to bankrupt Steward Health.
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August 01, 2025
Monthly Merger Review Snapshot
The U.S. Department of Justice abandoned its challenge of a corporate travel management deal, while lawmakers are calling for scrutiny of the agency's recent decision to settle a different case, and the Federal Trade Commission agreed to nix the requirements placed on a pair of oil and gas deals.
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August 01, 2025
Chancery Rules Gallagher Owes $50M In 'Earnout' Suit
An Arthur J. Gallagher & Co. subsidiary breached a contract by withholding $50 million owed to a patent insurance and underwriting venture under first-year terms of a three-year merger and earnout deal, a Delaware vice chancellor has found.
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August 01, 2025
'Reverse Acquihires' Multiply Inside Regulatory Gray Zone
Big Tech firms are increasingly turning to so-called reverse acquihires to quickly secure talent and technology, but as these deals grow in size and frequency, they may invite the very regulatory scrutiny the strategy is designed to avoid.
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August 01, 2025
GC Cheat Sheet: The Hottest Corporate News Of The Week
Department store retailer Dillard's has asked for a special shareholder's vote on Aug. 19 on management's plan to move its incorporation from Delaware to Texas, becoming the latest company to join the so-called DExit trend.
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August 01, 2025
Ex-Bank GC Must Pay $2.5M Fraud Restitution By Oct. 1
A former Webster Bank general counsel who pled guilty to bank fraud must pay by Oct. 1 the remaining $2.5 million he owes in restitution, a federal judge has ruled, finding that the man's bank accounts and securities are enough to cover the difference.
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August 01, 2025
The Top In-House Hires Of July
Legal department hires over the past month included high-profile appointments at Warner Bros. Discovery, Deutsche Bank and Kroger. Here, Law360 Pulse looks at some of the top in-house announcements from July.
Expert Analysis
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The CFTC Is Shaking Up Sports Betting's Legal Future
The sports betting industry faces a potential sea change amid recent state and federal actions across the regulatory landscape that have expanded access to sporting event contracts against the backdrop of waning Commodity Futures Trading Commission opposition, says Nick Covek at Foley & Lardner.
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Series
Law School's Missed Lessons: Rejecting Biz Dev Myths
Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.
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DOJ Has Deep Toolbox For Corporate Immigration Violations
With the U.S. Department of Justice now offering rewards to whistleblowers who report businesses that employ unauthorized workers, companies should understand the immigration enforcement landscape and how they can reduce their risk, say attorneys at McDermott.
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Trade In Limbo: The Legal Storm Reshaping Trump's Tariffs
In the final days of May, decisions in two significant court actions upended the tariff and trade landscape, so until the U.S. Supreme Court rules, businesses and supply chains should expect tariffs to remain in place, and for the Trump administration to continue pursuing and enforcing all available trade policies, say attorneys at Ice Miller.
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Shareholder Takeaways From NY Internal Affairs Doctrine Suit
A May New York Court of Appeals decision in Ezrasons v. Rudd involving Barclays — affirming the state's "firmly entrenched" internal affairs doctrine — is a win for all corporate stakeholders seeking stability in resolving disputes between shareholders and directors and officers, say attorneys at Sadis & Goldberg.
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Speech Protection Questions In AI Case Raise Liability Risk
A Florida federal court's recent landmark ruling in Garcia v. Character Technologies, rejecting artificial intelligence developers' efforts to shield themselves from product liability and wrongful death claims under the First Amendment, challenges the assumption that chatbot outputs qualify as speech, and may redefine AI regulation and litigation nationally, says Peter Gregory at Goldberg Segalla.
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Del. Dispatch: General Partner Discretion In Valuing Incentives
In Walker v. FRP Investors, the Delaware Court of Chancery recently held that the general partner of a limited partnership breached its obligations when determining the threshold value of newly issued incentive units, highlighting the court's willingness to reconstruct what a reasonable determination of value by a general partner should have been, say attorneys at Fried Frank.
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Move Beyond Surface-Level Edits To Master Legal Writing
Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.
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3 Rulings May Reveal Next Frontier Of Gov't Contract Cases
Several U.S. Supreme Court decisions over the past year — involving wire fraud, gratuities and obstruction — offer wide-ranging and arguably conflicting takeaways for government contractors that are especially relevant given the Trump administration’s focus on diversity, equity and inclusion initiatives, say attorneys at Rogers Joseph.
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Early Trends In Proxy Exclusion After SEC Relaxes Guidance
The U.S. Securities and Exchange Commission’s recent guidance broadening shareholder proposal exclusion under Rule 14a-8 has been undoubtedly useful to issuers this proxy season, but it does not guarantee exclusion, say attorneys at Debevoise.
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9th Circ. Has Muddied Waters Of Article III Pleading Standard
District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.
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Trump Antitrust Shift Eases Pressure On Private Equity Deals
Enforcement actions and statements by Trump administration antitrust officials forecast a shift away from specifically targeting private equity activity, which should be welcome news to dealmakers, but firms shouldn't expect to escape traditional antitrust scrutiny, says Nathaniel Bronstein at Fried Frank.
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Series
Competing In Modern Pentathlon Makes Me A Better Lawyer
Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.
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NY Case Shows How LLC Agreements Can Be Amended
The New York Court of Appeals in Behler v. Tao recently held that a merger clause contained in an amended limited liability company agreement superseded and extinguished an alleged oral agreement between the parties, highlighting the importance of determining early how and when an LLC agreement may be amended, says Kerrin Klein at Olshan Frome.
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Atkins' Crypto Remarks Show SEC Is Headed For A 'New Day'
A look at U.S. Securities and Exchange Commission Chairman Paul Atkins' recent speeches provides significant clues as to where the SEC is going next and how its regulatory approach to crypto will differ from that of the previous administration, say attorneys at Eversheds Sutherland.