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Corporate
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July 03, 2025
The Firms That Won Big At The Supreme Court
The number of law firms juggling three or more arguments before the U.S. Supreme Court this past term nearly doubled from the number of firms that could make that claim last term.
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July 03, 2025
GC Cheat Sheet: The Hottest Corporate News Of The Week
Target's board faces a shareholder derivative suit that accuses the retail giant of damaging the company by implementing an LGBTQ+ Pride-themed marketing campaign, despite knowing the risk of "public backlash." Meanwhile, SolarWinds and the SEC are close to resolving a novel case that alleges the software developer hid faulty cybersecurity practices before a major breach. These are some of the stories in corporate legal news you may have missed in the past week.
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July 03, 2025
Breaking Down The Vote: The High Court Term In Review
The U.S. Supreme Court once again waited until the term's closing weeks — and even hours — to issue some of its most anticipated and divided decisions.
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July 03, 2025
Capital Markets Upturn Sets Stage For Second-Half Rebound
Deals attorneys are approaching the second half of 2025 increasingly confident that capital markets' activity will accelerate despite potential headwinds stemming from higher tariffs, interest rate uncertainties and geopolitical turmoil.
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July 03, 2025
Mid-Year M&A Deal Flow Suffers Amid Global Instability
More than six months into a new Donald Trump administration, the mergers and acquisitions boom that many market observers anticipated has failed to materialize. In part one of this two-part M&A review, industry attorneys discussed market activity so far this year, how geopolitical factors are impacting the dealmaking environment, and their outlook for the remainder of 2025.
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July 02, 2025
Amid DEI Uncertainty, Cos. Face Pressure From All Sides
Attorneys have been analyzing the Trump administration's many pronouncements against diversity, equity and inclusion programs over the past several months, only to be left with questions as to what exactly "illegal DEI" is and what the government will do to police it.
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July 02, 2025
Retailers Want New NY Algorithmic Pricing Law Blocked
The National Retail Federation on Wednesday asked a New York federal court to block a new state law that requires retailers to disclose the use of so-called "algorithmic pricing," claiming that the practice helps save customers money and the law would force retailers to use a "misleading and ominous warning."
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July 02, 2025
The Biggest Patent Rulings Of 2025: A Midyear Report
A ruling by the full Federal Circuit invited greater scrutiny of patent damages testimony, and the U.S. Patent and Trademark Office's acting director established new criteria for rejecting patent challenges. Here's a look at the top patent decisions from the first half of 2025.
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July 02, 2025
Pentegra Agrees To Pay $48.5M After $38.8M ERISA Verdict
A New York federal judge Wednesday preliminarily approved a settlement in which Pentegra Retirement Services agreed to pay nearly $10 million more than a $38.8 million jury verdict awarded to a 27,000-member class of 401(k) plan participants who challenged the plan's excessive administrative fees.
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July 02, 2025
Calif. AG Secures Record Data Privacy Deal Against Healthline
Medical information provider Healthline Media LLC will pay $1.55 million and refrain from sharing certain information with advertisers and other third parties that may reveal website visitors' health diagnoses, as part of the California attorney general's largest settlement to date under the state's data privacy law.
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July 02, 2025
Genentech's $122M IP Fight Against Biogen In Jury's Hands
Genentech Inc. wrapped a California federal trial Wednesday over claims that Biogen MA Inc. wrongly withheld $122 million in royalties for supplies of Biogen's multiple sclerosis drug, reminding jurors that Biogen's own internal projections showed it owing royalty payments in the years after the main patent expired in December 2018.
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July 02, 2025
11th Circ. Won't Revive Disney Workers' COVID Vax Bias Suit
The Eleventh Circuit refused to revive a discrimination suit by former Disney employees over the company's COVID-19 vaccine mandate and augmented protocols requiring unvaccinated workers to socially distance and wear masks, ruling Wednesday the appellants never made religious objections to those protocols and never sought religious-based accommodations.
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July 02, 2025
Amazon Judge Presses FTC On Bid For 'Bad Faith' Finding
As the Federal Trade Commission insisted Wednesday that Amazon should be punished with a bad faith finding for mislabeling documents as privileged in a case over the company's Prime subscription practices, a Washington federal judge questioned why the agency wasn't "made whole" when the court granted its sanctions bid.
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July 02, 2025
2nd Circ. Reinstates FIFA Bribery Convictions
The Second Circuit on Wednesday reinstated two conspiracy convictions linked to the FIFA bribery scandal, saying a former 21st Century Fox executive and a company that brokers media rights for major tournaments weren't absolved by new U.S. Supreme Court rulings.
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July 02, 2025
High Court Case Tops List of Securities Appeals To Watch
The U.S. Supreme Court has agreed to take up at least one shareholder's lawsuit when it reopens its doors in October, and securities attorneys from both the plaintiff and defense bars will be watching that appeal and several others as the year moves forward.
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July 02, 2025
SEC Staff Shares Disclosure Guidance For Crypto ETPs
The U.S. Securities and Exchange Commission staff is providing more insight on its expectations around disclosures for novel crypto exchange-traded products, urging issuers to share risks specific to the product and use plain language over technical jargon to explain the business.
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July 02, 2025
Top Product Liability News In H1 2025
There was no shortage of big rulings, verdicts and happenings in the product liability sphere in the first half of 2025. Here, Law360 looks at the most significant news cross-referenced with the articles that garnered the most page views.
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July 02, 2025
Atkins Says SEC Is Taking A Fresh Look At SPAC Regulations
U.S. Securities and Exchange Commission Chair Paul Atkins said Wednesday that regulators are reviewing recently beefed-up rules governing special-purpose acquisition companies as part of a broader policy of increasing public listings.
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July 02, 2025
Inspire Brands Sued For Firing Director After Bias Complaint
The company that owns and franchises restaurant chains like Arby's, Baskin-Robbins, Buffalo Wild Wings, Dunkin' and Jimmy John's has been sued in Georgia federal court by an ex-employee who alleges she was fired after threatening to report a manager for discrimination.
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July 02, 2025
SEC Says Ex-Calif. Atty, Execs Facilitated $112M Stock Fraud
The U.S. Securities and Exchange Commission has filed suit against a disbarred California attorney and several CEOs of penny stock companies, claiming that they helped an outside party facilitate a $112 million pump-and-dump fraud scheme.
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July 02, 2025
Ex-Copyright Office Head Fights Gov't Arguments On Firing
The fired leader of the U.S. Copyright Office said that a D.C. federal judge should ignore the Trump administration's arguments that her removal was lawful, saying the government wants the court to "stand idly by."
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July 02, 2025
Outgoing US Steel GC To Leave With $29M After Nippon Deal
U.S. Steel Corp.'s former general counsel Duane Holloway will leave his special adviser job on July 18 about $29 million richer, thanks to the company's recent sale to Nippon Steel, according to a recent company filing.
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July 02, 2025
GOP Reps. Want Probe Of RI Judge Blocking Funding Freeze
Two Republican U.S. House members have asked the First Circuit to investigate a Rhode Island federal judge who blocked a Trump administration spending freeze, claiming the judge's link to a funding recipient constitutes a conflict of interest, one of those congressmen's office confirmed to Law360 Pulse on Wednesday.
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July 02, 2025
SpaceX Investor Wins $1 After Suing Over $50M Deal Scratch
A China-tied company that sued a California-based private equity firm for walking back a purported agreement to make a $50 million investment in SpaceX in November 2021 has won a single dollar in damages after a three-year, multiclaim Delaware Court of Chancery suit and trial.
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July 02, 2025
Trump Announces Trade Deal With Vietnam
The U.S. government reached a trade deal with Vietnam days before a pause on worldwide tariffs is set to expire, President Donald Trump announced Wednesday.
Expert Analysis
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How Energy Cos. Can Prepare For Potential Tax Credit Cuts
The Senate Finance Committee's version of the One Big Beautiful Bill act would create a steep phaseout of renewable energy tax credits, which should prompt companies to take several actions, including conduct a project review to discern which could begin construction before the end of the year, say attorneys at Husch Blackwell.
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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.