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August 11, 2025
Widow Questions Biz Docs In Database Co.'s Arbitration Bid
Counsel for a widow suing her late husband's former business partner, the duo's company and his attorney over company assets told a North Carolina judge Monday that he harbors serious doubts over the authenticity of several of the venture's purported agreements, suggesting some may have been "ginned up" for litigation.
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August 11, 2025
Fla. Drinks Co. Founder Faces Filings Ban Over Fake AI Cases
A Florida federal judge is considering a request to ban the founder of Bang Energy from submitting any more paperwork without court permission after Monster Energy argued Monday that fake legal citations generated from artificial intelligence appeared in a pro se motion to dismiss its judgment collection lawsuit.
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August 11, 2025
Nestle Faces Suit Over Alleged Child Labor In Supply Chain
A human rights group is claiming Nestle has known of child labor being used throughout its West African cocoa supply chain and yet still marketed its "zero tolerance to child labor" policy in a new suit moved to D.C. federal court Friday.
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August 11, 2025
FTX Customers Aim To Beef Up Case Against Fenwick & West
New information that has emerged since customers of the now-collapsed cryptocurrency trading platform FTX Trading Ltd. sued Fenwick & West LLP over the firm's alleged role in that collapse justifies updating the complaint against the firm, those customers told a Florida federal court Monday.
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August 11, 2025
BREAKING: Terraform Founder Set To Plead Out Of $40B Fraud Case
Terraform founder Do Kwon is on track to enter a guilty plea in his $40 billion criminal fraud case, a Manhattan federal judge said Monday, in an order that comes ahead of a scheduled 2026 trial and amid weeks of talks between his lawyers and prosecutors.
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August 11, 2025
Investors Sue CTO Realty Over Alleged Dividend Deception
A proposed class of shareholders in retail-focused real estate investment trust CTO Realty Growth Inc. filed a lawsuit in Florida federal court claiming the REIT misled them about its financial metrics, the sustainability of dividends and the profitability of an Atlanta mixed-use community.
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August 09, 2025
Real Estate Recap: Higher Ed, Big 4, Rising Stars
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including creative ways institutions of higher learning are monetizing real estate, second quarter takeaways from top commercial real estate brokerages, and profiles of two of the industry's rising stars.
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August 08, 2025
Trump Admin Threatens To Take Harvard's Patents
The U.S. Department of Commerce on Friday threatened to invoke the government's so-called march-in rights to take control of patents owned by Harvard University, accusing the Ivy League institution of not meeting its obligations tied to federally funded research.
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August 08, 2025
9th Circ. Grounds Lufthansa Refund Deal On Atty Fee Question
The Ninth Circuit on Friday vacated an order that granted class certification and gave final approval to a $56.6 million settlement reached between Lufthansa and customers in a dispute concerning refunds for flights canceled due to COVID-19, saying a district court's calculation gave class counsel a disproportionate distribution.
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August 08, 2025
Frank Founder, Exec Can't Undo JPMorgan Fraud Convictions
Charlie Javice, the startup founder convicted of lying to JPMorgan Chase ahead of its $175 million purchase of her college-aid website Frank, and her former colleague have failed to show good reasons why they should now be acquitted, the judge on her case has found.
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August 08, 2025
Ripple Exits SEC Case With An Injunction Still Over Its Head
The U.S. Securities and Exchange Commission's long-running case against Ripple Labs has finally come to an end with both sides agreeing to drop competing appeals, but the crypto firm's inability to shake a court-ordered judgment leaves it potentially vulnerable to future enforcement actions.
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August 08, 2025
9th Circ. Says Ex-Atty Sued By CFPB Still On Hook For $243M
The Ninth Circuit refused to free a disbarred attorney from a $243 million order that included civil penalties to the Consumer Financial Protection Bureau for his role in a student loan scam, finding no genuine dispute whether the former lawyer violated consumer protection law.
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August 08, 2025
Feds Aim To Dismiss ABA's 'Law Firm Intimidation Policy' Suit
The Trump administration on Friday asked a Washington, D.C., federal judge to throw out a lawsuit from the American Bar Association claiming the federal government has launched an unconstitutional war of intimidation against lawyers and law firms.
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August 08, 2025
How Patent Attys Can Limit 'Skinny Label' Risks In Ads
The Federal Circuit has twice cited a company's marketing practices to allow arguments that a generic drug's "skinny label" could induce patent infringement, and here, Law360 offers tips on how patent attorneys can take a more active role in making sure company and client advertisements pass muster.
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August 08, 2025
UC President Says $1B DOJ Demand Would Cripple University
The head of the University of California system said Friday that a $1 billion settlement proposed by the Trump administration in order to spare UCLA from threatened federal research funding cuts would "completely devastate our country's greatest public university system."
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August 08, 2025
Nielsen Holdings, Spinoff End Data Cutoff Fight In Del.
Nielsen Holdings Ltd. and consumer intelligence spinoff Nielsen Consumer IQ, or NIQ, agreed Friday to dismiss a Delaware Court of Chancery suit that saw the two battle over what a vice chancellor termed a "fairly blatant" NIQ effort to unilaterally sever data flows to Nielsen Holdings and another user.
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August 08, 2025
Judge Says Insurer Must Face $100M Biz Interruption Claim
A chemicals manufacturer accusing a reinsurer of failing to fully cover its roughly $100 million business interruption claim over a chemical plant explosion can still pursue its coverage claims, a Texas federal court ruled, finding the Texas Supreme Court would likely adopt the same holding.
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August 08, 2025
Trump EO Requires Appointee Oversight Of US Grantmaking
President Donald Trump has issued an executive order requiring that all funding opportunity announcements and grant awards be reviewed by his political appointees and allowing for grants to be terminated that fall outside the administration's priorities.
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August 08, 2025
Employment Authority: Recap Of 5 Major Wage-Hour Deals
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on a more than $200 million minimum wage settlement involving Disneyland and other major wage-and-hour deals at this point in 2025, a look at how a recent opinion from a divided Seventh Circuit panel shows judges' varying interpretations the U.S. Supreme Court's Groff ruling and the potential shifts in collection and reporting of union membership data after President Trump's firing of the Bureau of Labor Statistics commissioner.
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August 08, 2025
Costco Judgment Reversed Over Expert Report Rule Misstep
The Eleventh Circuit has reversed a Florida federal court's judgment for Costco Wholesale Corp. that nixed a $155,000 jury award in a shopper's slip-and-fall lawsuit, finding the lower court misinterpreted a rule as requiring the shopper's treating physician to file an expert written report in order to testify.
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August 08, 2025
Allbirds Faces New Del. Derivative Suit In Chancery
Stockholders of footwear and clothing venture Allbirds Inc. launched a new Delaware Court of Chancery derivative suit Friday naming the company's key corporate figures, citing in part a now-third-amended securities action in the Northern District of California.
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August 08, 2025
Papa John's No-Poach Deal Barely Clears Initial Hurdle
A Kentucky federal judge expressed lingering concerns despite giving initial approval to a $5 million settlement for claims from Papa John's employees over its past use of no-poach provisions in its franchise agreements after rejecting a previous approval bid.
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August 08, 2025
Home Depot Gives DOJ More Time To Review $5.5B GMS Deal
Home Depot has pulled and refiled the notice for its planned $5.5 billion acquisition of building products distributor GMS Inc. in order to give the U.S. Department of Justice additional time to review the transaction for competition concerns.
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August 08, 2025
Latest T-Mobile Deal Suggests DOJ-FCC Spectrum Tension
The Federal Communications Commission declared victory last month in affirmatively clearing T-Mobile's $4.4 billion acquisition of UScellular wireless operations, but the Justice Department appeared far more reluctant in a statement hinting at the wider dynamics of how the Trump administration looks at telecommunications transactions.
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August 08, 2025
Tesla Ousted HR Workers Who Flagged Race Bias, Suit Says
Five former human resources workers and one former security employee at Tesla's beleaguered Fremont, California, facility said in a new lawsuit that higher-ups systemically punished employees who pushed back against racist and other discriminatory behavior at the plant.
Expert Analysis
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A Simple Way Courts Can Help Attys Avoid AI Hallucinations
As attorneys increasingly rely on generative artificial intelligence for legal research, courts should consider expanding online quality control programs to flag potential hallucinations — permitting counsel to correct mistakes and sparing judges the burden of imposing sanctions, say attorneys at Lankler Siffert & Wohl and Connors.
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Opinion
SEC Should Restore Its 2020 Proxy Adviser Rule
Due to concerns over proxy advisers' accuracy, reliability and transparency, the U.S. Securities and Exchange Commission should reinstate its 2020 rule designed to suppress the influence that they wield in shareholder voting, says Kyle Isakower at the American Council for Capital Formation.
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What's At Stake In High Court Review Of Funds' Right To Sue
The U.S. Supreme Court's upcoming review of FS Credit Opportunities v. Saba Capital Master Fund, a case testing the limits of using Investment Company Act Section 47(b) to give funds a private right of action to enforce other sections of the law, could either encourage or curb similar activist investor lawsuits, say attorneys at Goodwin.
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How Securities Defendants Might Use New Wire Fraud Ruling
Though the Second Circuit’s recent U.S. v. Chastain decision — vacating the conviction of an ex-OpenSea staffer — involved the wire fraud statute, insider trading defendants might attempt to import the ruling’s reasoning into the securities realm, says Jonathan Richman at Brown Rudnick.
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Cos. Must Tailor Due Diligence As Trafficking Risks Increase
As legislators, prosecutors and plaintiffs attorneys increasingly focus on labor and sex trafficking throughout the U.S., companies must tailor their due diligence strategies to protect against forced labor trafficking risks in their supply chains, say attorneys at Steptoe.
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M&A Ruling Reinforces High Bar For Aiding, Abetting Claims
The Delaware Supreme Court's recent decision in In re: Columbia Pipeline may slow the filing of aiding and abetting claims against third-party buyers in situations where buyers negotiate aggressively, putting buy-side dealmakers' minds at ease that they likely won't be liable for seeking the best possible deal, say attorneys at Simpson Thacher.
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Series
Creating Botanical Art Makes Me A Better Lawyer
Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.
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2 Circuit Court Rulings Offer A Class Certification Primer
Two recent decisions from the Third and Sixth Circuits provide guidance on the rigorous analysis of predominance that courts might require for class certification, and insights into how defendants might oppose or narrow potential class actions, say attorneys at DLA Piper.
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Del. Dispatch: Conflicted Transactions And New Safe Harbors
Two recent Delaware Court of Chancery decisions involving conflicted transactions underscore that the new safe harbors established by the Delaware General Corporation Law amendments passed in March, going forward, provide a far easier route to business judgment review of conflicted transactions than were previously available, say attorneys at Fried Frank.
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Supreme Court's Criminal Law Decisions: The Term In Review
Though the U.S. Supreme Court’s criminal law decisions in its recently concluded term proved underwhelming by many measures, their opinions revealed trends in how the justices approach criminal cases and offered reminders for practitioners, says Kenneth Notter at MoloLamken.
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Opinion
The Legal Education Status Quo Is No Longer Tenable
As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.
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The Int'l Compliance View: Everything Everywhere All At Once
Changes to the enforcement landscape in the U.S. and abroad shift the risks and incentives for global compliance programs, creating a race against the clock for companies to deploy investigative resources across worldwide operations, say attorneys at Dentons.
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Unpacking Notable Details From FTC's 'AI Washing' Cases
The Federal Trade Commission has brought many cases involving allegedly deceptive artificial intelligence claims over the past couple of years, illustrating overlooked aspects of AI washing generally and a few new types of AI marketing claims that may line up in regulatory crosshairs down the road, says Michael Atleson at DLA Piper.
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6 Questions We Should Ask About The Trump Trade Deals
Whenever the text becomes available, certain questions will help determine whether the Trump administration’s trade deals with U.S. trading partners have been crafted to form durable economic relationships, or ephemeral ties likely to break upon interpretive disagreement or a change in political will, says Ted Posner at Baker Botts.
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Justices' Age Verification Ruling May Lead To More State Laws
The U.S. Supreme Court’s recent Free Speech Coalition v. Paxton ruling, permitting a Texas law requiring certain websites to verify users’ ages, significantly expands states' ability to regulate minors’ social media access, further complicating the patchwork of internet privacy laws, say attorneys at Troutman.