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June 30, 2025
4 Mass. Rulings You May Have Missed In June
A now-shuttered Boston firm scored a win in a legal malpractice lawsuit by a youth soccer program, while a securities brokerage found that the old adage "if at first you don't succeed, try, try again" doesn't apply to litigation, among other recent noteworthy decisions in Massachusetts state court.
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June 30, 2025
Consulting Firm Says Ex-Exec's Wage Suit Is In Wrong Venue
Consulting firm Profit Drivers LLC, its sole member and its chief executive officer have asked a Connecticut federal judge to dismiss a suit brought by their onetime vice president and chief financial officer claiming he was never paid for his work, arguing they have no ties to the Constitution State.
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June 30, 2025
Judge Mulls Mariano's OT Exemption With A Baseball Analogy
An Illinois federal judge considering whether to declassify collectives of grocery store managers claiming a Kroger subsidiary misclassified them as being exempt from overtime pay compared them Monday to baseball player-managers like Pete Rose and pressed the parties to address "when a player-manager is more like a player than a manager."
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June 30, 2025
'Big Beautiful Bill' Trade Atty Latest To Join Hogan Lovells
Hogan Lovells has hired the chief international trade counsel for the U.S. Senate Committee on Finance, who helped advise Republicans on the $3.8 trillion budget bill that proposes a massive cut to federal healthcare spending, and would eliminate several federal clean energy economic incentives, in order to renew expiring tax rates.
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June 30, 2025
NJ Senate Confirms 17 New Superior Court Judges
The New Jersey Senate approved a slate of new judges for the state trial court on Monday, confirming partners from firms around the state as well as in-house attorneys for Rutgers and the state Legislature.
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June 30, 2025
Apple Can't Duck DOJ Monopolization Lawsuit
A New Jersey federal judge refused Monday to let Apple duck the U.S. Department of Justice lawsuit accusing the company of monopolizing smartphone markets, crediting DOJ allegations about the restrictions Apple imposes on iMessage, smartwatch compatibility, mobile wallets, cloud gaming and more.
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June 30, 2025
Chancery OKs $19.25M Settlement In Weber Squeeze-Out Suit
Grillmaker Weber Inc. public stockholders secured an up to 87-cents-per-share boost Monday over the company's purportedly unfair, $3.7 billion take private sale, when the Delaware Court of Chancery approved a $19.25 million mediated settlement.
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June 30, 2025
Meta Dodges Authors' DMCA Claim In AI Suit
A California federal judge has granted Meta's request to throw out a Digital Millennium Copyright Act claim in a lawsuit that authors brought to challenge the company's use of their books to train a large language model.
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July 07, 2025
CORRECTED: 3 Bias Arguments Sessions To Watch In July
The Third and Sixth Circuits are scheduled to hear a trio of oral arguments in July as a fired professor, human resources executive and school dean each plan to argue that their terminations violated federal anti-bias law. Here, Law360 looks at those cases.
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June 30, 2025
Ex-Ohio Speaker Calls 6th Circ. Bribery Ruling A 'Stretch'
Former Ohio House of Representatives Speaker Larry Householder urged the Sixth Circuit to rethink its decision to stand by his bribery conviction over the FirstEnergy nuclear bailout scandal that got him 20 years in prison, arguing the panel made "an illegal stretch" in assuming the jurors undertook proper analysis despite allegedly improper instructions.
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June 30, 2025
High Court Won't Weigh Class Standard In Junk Fax Row
The U.S. Supreme Court on Monday declined to take up a dispute over whether online faxes are covered by the Telephone Consumer Protection Act and whether plaintiffs pressing these claims are required to show an administratively feasible way to identify class members.
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June 30, 2025
Justices Rebuff American Airlines' Bid To Revive JetBlue Pact
The U.S. Supreme Court on Monday rebuffed American Airlines' bid to revive its codeshare agreement with JetBlue in Boston and New York.
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June 30, 2025
Justices Pass On Exxon Mobil $14M Clean Air Act Dispute
The U.S. Supreme Court on Monday declined to review an en banc Fifth Circuit opinion that upheld $14.25 million in air pollution fines against Exxon Mobil Corp.
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June 30, 2025
Justices Will Review Union Fund's Withdrawal Liability Math
The U.S. Supreme Court took up a fight Monday over the correct way to calculate how much employers must pay when they withdraw from multiemployer retirement plans, granting an employer-side petition for review of a D.C. Circuit decision favoring a machinists' union.
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June 30, 2025
High Court Takes Up $1B Copyright Fight Over ISPs' Liability
The U.S. Supreme Court on Monday granted a petition for certiorari from Cox Communications Inc. that asked the justices to review a Fourth Circuit's conclusion that telecom companies can be liable for copyright infringement for providing an internet connection that leads to music piracy online.
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June 30, 2025
High Court To Hear Fight Over Investment Fund Suits
The U.S. Supreme Court on Monday agreed to hear a case that could limit the ability of private parties to assert contract violations against investment funds, with one activist investor accusing several closed-end funds of shutting it out of its voting rights.
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June 30, 2025
Crowell & Moring Lands Microsoft Atty For Int'l Trade Group
Crowell & Moring LLP announced Monday that it has hired Microsoft's assistant general counsel for global trade to bolster its international trade group, including its capacity to handle emerging technologies matters.
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June 28, 2025
DOJ OKs $14B HPE-Juniper Deal With Small-Biz WiFi Unit Sale
The U.S. Department of Justice announced a settlement Saturday with Hewlett Packard Enterprise, clearing the tech giant's $14 billion purchase of Juniper Networks by requiring the divestiture of a WiFi network business geared toward small firms.
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June 27, 2025
Texas Justices OK Methodist Church's Suit Against SMU
The Texas Supreme Court found the United Methodist Church has the right to sue Southern Methodist University over its attempted split, but in a Friday opinion drew short of saying the university filed false paperwork as part of the breakup.
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June 27, 2025
Biogen, Genentech May Stay Mum On Damages At Trial
A California federal judge Friday discouraged Biogen and Genentech from discussing the "magnitude of the money at issue" during their upcoming breach of contract trial over alleged patent royalties due from sales of Biogen's multiple sclerosis medicine, noting that most of the jurors are "not of significant means."
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June 27, 2025
Real Estate Recap: Compass, Tariffs, Opportunity Zones 2.0
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney insights into the Compass v. Zillow lawsuit, tariff disruption and a potential update to the opportunity zone program.
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June 27, 2025
Hershey Says Wrapper PFAS Suit 'Built On A House Of Cards'
The Hershey Co. on Friday urged a Pennsylvania federal court to dismiss a putative class action that alleges its packaging for its chocolate bars and candies contains dangerous levels of per- and polyfluoroalkyl substances, saying consumers' testing allegations failed to back a viable claim that its products contain the forever chemicals known as PFAS.
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June 27, 2025
Sarepta Faces Investor Suit Over Gene Therapy-Linked Deaths
Biopharmaceutical company Sarepta Therapeutics Inc. is facing a proposed investor class action after the deaths of two patients being treated with one of its therapies prompted regulatory scrutiny, with investors claiming the company failed to disclose the drug's risks.
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June 27, 2025
Meta, TikTok Can't Escape 'Subway Surfing' Death Suit
TikTok and Meta Platforms can trim, but not escape, a lawsuit over the death of a teen who allegedly participated in a "subway surfing" social media challenge, a Manhattan judge ruled Friday, saying the complaint plausibly pleads the algorithms inundated the teen with dangerous "challenge" content he never sought.
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June 27, 2025
Can AI Kill Human Art? Two Judges Envision Different Futures
The two federal judges who issued highly anticipated opinions about training generative artificial intelligence models with copyrighted material acknowledged the fear from many that AI could ultimately supplant human-created works, but they had differing views about the probability of such a future.
Expert Analysis
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The Legal Risks Of US Restrictions On Investments In China
The second Trump administration has continued to embrace a more restrictive economic policy toward China, including an ongoing review of further restrictions on the flow of U.S. capital to China, so early planning and enhanced diligence can reduce exposure to the challenges resulting from further restrictions, say attorneys at Cleary.
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UK May Play Major Role In Corporate Misconduct Regulation
In light of the U.S.' pause in Foreign Corrupt Practices Act enforcement, the U.K. Serious Fraud Office has released new guidance showing it may seize the opportunity to play a heightened role in regulating corporate misconduct by U.S. companies with a global presence, particularly over the next few years, say attorneys at Paul Weiss.
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Series
Playing Poker Makes Me A Better Lawyer
Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.
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Does R-Squared Have A Role In Event Study Analysis?
With 2024 marking the second consecutive year to experience an increase in securities class action filings, determining the reliability of event study models is of utmost importance, but it's time to reconsider the traditional method of doing so, say analysts at StoneTurn Group.
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Avoiding The Risk Of Continued AI-Washing Enforcement
A recent action brought by the U.S. Securities and Exchange Commission and Department of Justice, alleging a software developer defrauded investors by lying about his app’s artificial intelligence capabilities, suggests this administration will continue to target AI washing, so companies should adopt practices to mitigate enforcement risk, say attorneys at Debevoise.
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Cos. Should Review Pay Strategies In Light Of 2025 Tariffs
Companies should think about what they can or should do to ensure the ongoing effectiveness of their compensation plans in light of rising material costs, reduced profit margins, market volatility and other impacts of the Trump administration’s evolving tariff regime, say attorneys at Cooley.
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3 Tax Issues Manufacturers Should Watch In 2025 Budget Bill
As Congress works toward a budget reconciliation bill, manufacturing companies should keep a keen eye on proposals to change bonus depreciation, the qualified business income deduction and energy tax credits, which could have a significant impact on capital-intensive industries, say attorneys at Frost Brown Todd.
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Key Aspects Of FDIC's Resolution Planning FAQ
The Federal Deposit Insurance Corp.'s recent FAQ on changes to its resolution plan rule ease burdensome requirements for some large institutions and exempt others from discussion of franchise components, making it easier for banks to finalize submissions before the July 1 deadline, say attorneys at Moore & Van Allen.
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As Tariffs Hit The Radar, PE Counsel Should Review Strategies
As tariffs compound existing challenges in the private equity sector, counsel should consider existing headwinds such as interest rates and industry-specific impacts like supply chains and pricing power, which may help mitigate risks and capture opportunity, says Nathan Viehl at Thompson Coburn.
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Chancery Ruling Raises Bar For Advance Notice Bylaws Suits
The Delaware Court of Chancery's recent ruling in Siegel v. Morse will make it more difficult for plaintiffs to successfully challenge advance notice bylaws before the emergence of an actual or threatened proxy contest, presumably reducing the occurrence of such challenges, say attorneys at Venable.
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DOJ Memo Raises Bar For Imposition Of Corporate Monitors
A recently released U.S. Department of Justice memo, outlining guidance on the imposition of compliance monitors in corporate criminal cases, reflects DOJ leadership’s concerns about scope creep and business costs, but the strategies for companies to avoid a monitorship haven't changed much compared to the Biden era, says James Koukios at MoFo.
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Series
Law School's Missed Lessons: Becoming A Firmwide MVP
Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.
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How NY's FAIR Act Mirrors CFPB State Recommendations
New York's proposed FAIR Business Practices Act, which targets predatory lending and junk fees, reflects the Rohit Chopra-era Consumer Financial Protection Bureau's recommendations to states in a number of ways, including by defining "abusive" conduct and adding a new right to file class actions, says Christian Hancock at Bradley Arant.
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Expect Eyes On Electronic Devices At US Entry Points
Electronic device searches are becoming common at U.S. border inspections, making it imperative for companies to familiarize themselves with what's allowed, and mandate specific precautions for employees to protect their privacy and sensitive information during international travel, say attorneys at Seyfarth.
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Big Tech M&A Risk Under Trump May Resemble Biden Era
Merger review under the Trump administration may not differ substantially from merger review under the Biden administration, particularly in the Big Tech arena, in which case dealmakers and investors should shift the antitrust discount on M&A deals upward, says Jonathan Barnett at the University of Southern California Gould School of Law.