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September 22, 2025
Amex Can't Push 'Illusory' Arbitration Over 'Anti-Steering' Rule
A putative class of businesses does not have to arbitrate claims that American Express violated antitrust laws by effectively preventing merchants that accept credit cards from incentivizing customers to use lower-fee cards, after a Massachusetts federal court ruled it will not "close its eyes" to the "illusory" arbitration agreement.
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September 22, 2025
Barclays Credit Card User Must Arbitrate Meta Privacy Suit
A Barclays customer must arbitrate his putative class action alleging it discloses his interactions on the bank's website with Meta Platforms Inc. while logged into his Barclays account, after a New York federal judge said Friday his subsequent use of his credit cards supports that he received cardholder agreements containing arbitration provisions.
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September 22, 2025
EPA Proposes Rolling Back TSCA Risk Evaluation Regs
The U.S. Environmental Protection Agency on Monday proposed loosening regulations for chemical health risk evaluations, saying the existing set can unnecessarily prolong reviews and stifle new products, but green groups are criticizing the move as a giveaway to industry.
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September 22, 2025
Atlas Holdings Buying Office Depot Owner In $1B Deal
The ODP Corp. said Monday that it has agreed to be acquired by an affiliate of Atlas Holdings for $28 per share in cash, valuing the company at about $1 billion.
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September 22, 2025
CVS's Omnicare Hits Ch. 11 After $949M FCA Judgment
Omnicare LLC, CVS Health's subsidiary that provides pharmacy services for long-term care facilities, filed for Chapter 11 bankruptcy relief Monday in Texas following a $949 million judgment against Omnicare and CVS issued by a New York federal judge earlier this year.
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September 22, 2025
Wachtell, Paul Weiss Advise On Pfizer's $7.3B Obesity Path
Pfizer Inc. will acquire Metsera Inc. for $4.9 billion in cash, as the U.S. pharmaceutical giant bets on the biotech firm's experimental treatments for obesity and cardiometabolic diseases, the companies said Monday.
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September 22, 2025
High Court Allows FTC Firing, Will Review Trump's Power
The U.S. Supreme Court ruled Monday that President Donald Trump can fire Democratic Federal Trade Commissioner Rebecca Slaughter without cause, and it agreed to reconsider limits on the president's authority to remove members of the FTC.
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September 22, 2025
Mayo Clinic Can't Fully Nix Suit Over Withheld Benefits Info
The Mayo Clinic and its benefits administrator can't entirely escape a worker's suit claiming they pushed her to work with pricey out-of-network providers and wouldn't provide reimbursement estimates, after a Minnesota federal judge said she supported some federal benefits law claims with enough detail to remain in court.
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September 22, 2025
DOL Replaces Temporary Leader Of Wage And Hour Unit
The U.S. Department of Labor's Wage and Hour Division quietly replaced the official who had been temporarily serving in its top role while President Donald Trump's nominee for the position awaits Senate confirmation.
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September 22, 2025
2 Firms Advise Compass' $1.6B Buy Of Broker Anywhere
Real estate broker Compass said Monday that it has struck a deal to acquire rival broker Anywhere Real Estate for $1.6 billion, in a transaction advised by Kirkland & Ellis LLP and Wachtell Lipton Rosen & Katz.
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September 22, 2025
HSF Kramer Debuts Tool To Map GC AI Attitudes
Herbert Smith Freehills Kramer LLP said Monday that it has launched a tool to help general counsel assess their use of generative AI, as law firms race to stay ahead by understanding what clients want from the technology.
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September 21, 2025
Chinese Exec Who Shipped Fentanyl Ingredients Gets 25 Yrs
A Manhattan federal judge on Friday sentenced a Chinese national and chemical company executive to 25 years in prison for shipping large quantities of fentanyl ingredients to the U.S., citing the defendant's "egregious, callous" disregard for the deaths caused by the drugs he helped create.
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September 19, 2025
Trump Tags H-1B Visa Apps With $100,000 Fee
President Donald Trump on Friday signed an executive order to impose a $100,000 fee for H-1B visas, framing it as a "restriction on entry" necessary to stem the entry of high-skilled foreign workers, particularly in science and technology fields.
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September 19, 2025
Uber Expert Testifies Most Sex-Incident Claims Aren't Assault
Uber's statistics expert Friday told jurors considering a California bellwether trial over sexual assault allegations against the ride-hailing giant that about 70% of the tens of thousands of sexual misconduct incidents that plaintiffs have claimed Uber doesn't report are allegations short of assault, like offensive comments, gestures, leering and staring.
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September 19, 2025
Goodwin, Latham Steer E-Commerce Co. Pattern's $300M IPO
Top Amazon.com reseller Pattern Group Inc. kicked off its public-market trading debut on the Nasdaq on Friday with a $300 million initial public offering guided by Goodwin Procter LLP, and Latham & Watkins LLP represented the underwriters, which include Goldman Sachs & Co. LLC and J.P. Morgan.
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September 19, 2025
Real Estate Recap: Rate Cut, REIT Rules, Construction Debt
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including reactions to the Fed's interest rate cut, new guidance for states reviewing securities issued by public nonlisted real estate investment trusts, and a look at the banks with the most construction debt.
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September 19, 2025
SEC Dem Fears 'High-Speed Collision' In Private Markets
The U.S. Securities and Exchange Commission's sole Democrat urged the agency on Friday to pay more than "lip service" to investor protection as it considers allowing more everyday Americans to access private markets, warning that the commission was headed for a "high-speed collision" if it doesn't change course.
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September 19, 2025
Texas AG Appeals Ruling That Blocked ESG Proxy Law
Texas Attorney General Ken Paxton is appealing to the Fifth Circuit a federal judge's order temporarily blocking a new state law requiring proxy advisory firms to disclose when their advice stems from factors such as diversity and inclusion.
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September 19, 2025
Estée Lauder Faces Derivative Suit In Del. After Stock Drops
An Estée Lauder Inc. stockholder filed a derivative lawsuit late Friday against the cosmetics giant's officers and directors in Delaware's Court of Chancery, seeking recoveries over a $41 billion market capitalization plunge after a long-undisclosed reliance on "gray market" sales in China came to light.
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September 19, 2025
Employment Authority: Inside Calif's New Bid To Regulate AI
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on what's inside California legislation that aims to regulate the use of artificial intelligence, how the Ninth Circuit's decision to revive a case accusing Trader Joe's United of trademark infringement may impact union merch, and a review of the most important wage and hour cases hoping to catch U.S. Supreme Court's review.
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September 19, 2025
SEC Walks Away From Ozy Media, Stanford Fraud Cases
The U.S. Securities and Exchange Commission has walked away from its $50 million case against former Ozy Media Inc. founder Carlos Watson after President Donald Trump granted him clemency earlier this year, and also dropped a long-dormant case against a co-conspirator in Robert Allen Stanford's $7 billion Ponzi scheme.
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September 19, 2025
Shopify Looks To Toss Sezzle's 'Buy Now, Pay Later' Claims
E-commerce company Shopify Inc. seeks to sink payment platform Sezzle Inc.'s lawsuit accusing it of monopolizing the "buy now, pay later" market, arguing that the fact its platform shows "no fewer than 16 payment options" on checkout pages undermines any anticompetitive practices allegations.
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September 19, 2025
Google Search Judge Values Storytelling, Not 'Denigrating'
The federal judge who found Google liable for monopolizing search and ordered it to prop up rivals had advice in New York City remarks Friday for attorneys trying to sway courts: Write "plain," tell a story without "denigrating" the opposition, and back up economic analysis with business reality.
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September 19, 2025
Justices Asked To Review Optional NAR Rule In Zillow Case
A defunct brokerage platform is asking the U.S. Supreme Court to review its case accusing Zillow and the National Association of Realtors of stamping out competition by using the trade association's optional rule to relegate outside home listings to a secondary tab on Zillow's site.
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September 19, 2025
FTX Trust Says Bankruptcy Laws Apply To Binance Founder
The recovery trust created by the Chapter 11 plan of cryptocurrency exchange FTX told a Delaware judge late Thursday that the bankruptcy court has jurisdiction over Binance and its founder in a $1.76 billion clawback suit, and that bankruptcy laws apply to entities outside the United States.
Expert Analysis
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Parenting Skills That Can Help Lawyers Thrive Professionally
As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.
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Series
Teaching Trial Advocacy Makes Us Better Lawyers
Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.
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The Crucial Question Left Unanswered In EpicentRx Decision
The California Supreme Court recently issued its long-awaited decision in EpicentRx Inc. v. Superior Court, resolving a dispute regarding the enforceability of forum selection clauses, but the question remains whether private companies can trust that courts will continue to consistently enforce forum selection clauses in corporate charters, says John Yow at Yow PC.
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Why Civil RICO Claims Are Gaining Traction With Plaintiffs
A Texas federal court's recent $71 million verdict in Point Bridge Capital v. Johnson demonstrates that, when used properly, civil lawsuits under the Racketeering Influenced and Corrupt Organizations Act can be a devastating weapon — and increasingly favorable for plaintiffs, says Akiva Shapiro at Gibson Dunn.
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Navigating Brazil's Regulations, Incentives For Green Projects
Brazil's evolving environmental regulatory framework and ongoing moves to attract international capital for climate-focused projects may appeal to U.S.-based companies and investors interested in sustainable development — but taking advantage of these opportunities requires careful planning and meaningful stakeholder engagement, says Milena Angulo at Guimarães.
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Why EpicentRx Ruling Is A Major Win For Business Certainty
The California Supreme Court's recent decision in EpicentRx v. Superior Court removes a significant source of uncertainty that plagued commercial litigation in California by clarifying that forum selection clauses shouldn't be invalidated solely because the selected forum lacks the right to a jury trial, say attorneys at Clark Hill.
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How Sustainability Reporting Changed In The 1st Half Of 2025
Sustainability reporting is evolving rapidly, with fewer S&P 500 companies publishing reports in the first half of 2025 than in the same period last year, suggesting that companies are becoming more selective and intentional about their reporting, say analysts at Orrick.
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9th Circ. Finding That NFTs Are Goods Will Change TM Law
The Ninth Circuit's recent ruling in Yuga Labs v. Ripps establishes that NFTs have real, commercial value under U.S. federal trademark law, a new legal precedent that may significantly influence intellectual property enforcement and marketplace policies regarding digital assets going forward, say attorneys at Wilson Elser.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Lessons From Liberty Mutual FCPA Declination
Liberty Mutual’s recent Foreign Corrupt Practices Act resolution with the U.S. Department of Justice signals that the Trump administration is once again considering such declinations after an enforcement pause, offering some assurances for companies regarding the benefits of voluntary self-disclosure, say attorneys at Paul Weiss.
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3 Rulings Show Hurdles To Proving Market Manipulation Fraud
Three recent conviction reversals from New York federal courts highlight the challenges that prosecutors face in establishing fraud and market manipulation allegations, suggesting that courts are increasingly reluctant to find criminal liability when novel theories are advanced, say attorneys at WilmerHale.
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Drafting M&A Docs After Delaware Corp. Law Amendments
Attorneys at Greenberg Traurig discuss how the March and June amendments to the Delaware General Corporation Law affect the drafting of corporate and M&A documents, including board resolutions, governing documents, and books and records demands.
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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FTC Focus: When Green Goals And Antitrust Law Collide
A recently concluded Federal Trade Commission investigation has turned an emissions deal involving major U.S. heavy-duty truck manufacturers that was brokered by the California Air Resources Board into a cautionary tale about the potential for environmental agreements to run afoul of competition rules, say attorneys at Proskauer.
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Untangling 'Debanking' Exec Order And Ensuing Challenges
President Donald Trump's recent executive order on the practice of closing or refusing to open accounts for high-risk customers has heightened scrutiny on "debanking," but practical steps can help financial institutions reduce the likelihood of becoming involved in investigations, say attorneys at Winston & Strawn.