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Corporate
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May 13, 2025
Magistrate Judge Cuts Defendants In J&J Talc Unit Fraud Suit
A New Jersey magistrate judge on Tuesday dropped a collection of defendants from a class action brought by cancer patients alleging that Johnson & Johnson's maneuvers to settle thousands of tort claims through Chapter 11 involved fraud.
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May 13, 2025
SEC Says Ex-Pot Co. CFO Can't Cite Atty Advice As Shield
The U.S. Securities and Exchange Commission told a New York federal judge that a former executive of cannabis company Acreage Holdings Inc. accused of falsifying the company's financials cannot allege he was relying on advice from attorneys without forgoing the attorney-client privilege that would shield those communications.
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May 13, 2025
Regeneron-Amgen Drug Bundling Trial Heads Toward Jury
An economics expert called by Amgen Inc. told a Delaware federal jury Tuesday that none of the company's deals to bundle other discounted major medications with its cholesterol-reducing drug Repatha foreclosed market competition, a day before jurors begin deliberating on an antitrust suit targeting the practice.
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May 13, 2025
Did AI Co. Anthropic's Expert Cite AI-Hallucinated Study?
Music publishers claiming artificial intelligence company Anthropic infringed their works to train its AI models told a California federal magistrate judge Tuesday that an Anthropic expert witness cited a "fictitious" AI-generated study in a recently filed declaration, urging the judge to sanction the company's Latham & Watkins attorneys for not catching the issue.
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May 13, 2025
Texas Investigates General Mills Over Food Coloring In Cereal
Texas launched an investigation against General Mills Inc. over allegedly illegal misrepresentations the company made about its cereals such as Trix and Lucky Charms, saying in a Tuesday announcement the cereals contain artificial dyes that pose severe health risks for children.
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May 13, 2025
FTC Says It Won't Enforce 'Click To Cancel' Until July
The Federal Trade Commission, currently only staffed with Republicans following President Donald Trump's firing of the remaining two Democratic commissioners, has decided to pump the brakes on its plan to start enforcing the agency's new "click to cancel" rule this month.
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May 13, 2025
State Farm's Emergency Rate Hike Request Approved In Calif.
California Insurance Commissioner Ricardo Lara announced Tuesday that he had adopted a judge's recommendation to approve State Farm General Insurance Co.'s request for an emergency rate increase for property insurance in the state, following January wildfires that have already cost California insurers $12.1 billion.
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May 13, 2025
House Panel Clears $3.8T Extension of 2017 Tax Overhaul Law
The House Ways and Means Committee voted along party lines early Wednesday to approve a $3.8 trillion tax bill that would make permanent many of the tax cuts for businesses and individuals enacted in President Donald Trump's first term.
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May 13, 2025
Latham-Led Physical Therapy Startup Primes $410M IPO
Venture capital-backed physical therapy startup Hinge Health Inc. on Tuesday unveiled a price range on an estimated $410 million initial public offering, represented by Latham & Watkins LLP and underwriters' counsel Davis Polk & Wardwell LLP, hoping to capitalize on an IPO rebound.
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May 13, 2025
The Man Who Ended Affirmative Action Is Just Getting Started
Nearly two years after the U.S. Supreme Court struck down affirmative action in college admissions, the legal strategist who brought the landmark case is using the ruling in a bid to end race-based programs in the public and private sectors, bolstered by allies in the executive branch.
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May 13, 2025
Fox Nabs Smartmatic Bribery Probe Docs In Defamation Case
A New York state appeals court on Tuesday ordered Smartmatic to give Fox News documents related to a federal investigation into allegations that executives of the election systems company bribed officials in the Philippines, ruling the materials are "plainly relevant" to the network's defense against defamation claims.
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May 13, 2025
New Report Shows Drop In Foreign Interest In US Jobs
Indeed's Hiring Lab released a new report Tuesday showing a sharp decline in foreign interest in U.S. jobs, a phenomenon the job postings website said could be attributed to rising anti-immigrant rhetoric and recent shifts in immigration policy.
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May 13, 2025
Farberware, Walmart Can't Duck Pressure Cooker Burn Suit
A Pennsylvania federal judge on Tuesday denied Walmart Inc. and Farberware Licensing Co.'s bid to prevail in a suit alleging they sold a defective pressure cooker that erupted and burned a woman using it to make steak.
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May 13, 2025
Betting Cos. Feud Over Stay As Discovery Sanctions Loom
A sportsbook technology company being sued by a former collaborator for allegedly stealing trade secrets has asked a Nevada federal court to reject efforts to stay the case as it pursues sanctions against the plaintiff for allegedly withholding key evidence.
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May 13, 2025
SEC's Uyeda Encourages Opening 401(k)s To Private Assets
U.S. Securities and Exchange Commissioner Mark Uyeda said Tuesday that regulators should explore how retirement accounts could expand to include private equity investments, arguing that such a shift would put 401(k) plans on par with pension funds.
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May 13, 2025
CFTC Faces Sanctions For 'Bad Faith' Actions In Forex Case
The U.S. Commodity Futures Trading Commission is staring down sanctions in a case accusing a foreign exchange firm of fraud, with a special master recommending Tuesday that the agency pay the firm's legal fees for acting in bad faith in order to gain a "tactical advantage" in the case.
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May 13, 2025
3rd Circ. Says Worker's Pre-Suit EEOC Filings Are Inadequate
The Third Circuit refused to revive an age bias suit from a former community college employee who claimed she was mistreated by a younger supervisor, rejecting her argument that a U.S. Equal Employment Opportunity Commission intake form and other documents qualified as her required pre-suit discrimination charge.
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May 13, 2025
Albright Scraps $26M Video Patent Verdict Against Google
U.S. District Judge Alan Albright has overruled a jury's $26 million verdict against Google LLC and its YouTube LLC subsidiary for infringing VideoShare LLC's video sharing patent, finding that as a matter of law "the only reasonable interpretation of the claim language" shows no infringement.
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May 13, 2025
FTC To Keep Focus On Key Sectors, Address Personal Liberty
The head of the Federal Trade Commission's Bureau of Competition said Tuesday the agency will remain focused on healthcare, technology and labor issues as enforcers also work to ensure corporate power does not infringe on personal liberties.
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May 13, 2025
Texas House OKs Bill Expanding Biz Court Disputes
A bill that would bring sweeping changes to the state's business court is one step closer to becoming law after approval by the Texas House on Tuesday.
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May 13, 2025
CFPB Axes Order For Toyota Unit To Pay Millions In Redress
The Consumer Financial Protection Bureau has quietly lifted a consent order with Toyota's U.S. financing arm, releasing it from "any alleged noncompliance" with the order — including requirements that called for it to return nearly $42 million to consumers.
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May 13, 2025
SEC X Account Hack Conspirator Deserves 2 Years, Feds Say
Federal prosecutors are seeking a two-year sentence for an Alabama man who admitted to his role in last year's hack of the U.S. Securities and Exchange Commission's account on the social platform X to post a bogus development in the agency's cryptocurrency policy, while the man himself said Tuesday that a year and a day should suffice.
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May 13, 2025
Gov't Wants 6 Months For IUOE's Ex-Prez In DOL Forms Case
Federal prosecutors requested a six-month prison sentence for a former International Union of Operating Engineers general president after he pled guilty to failure to disclose $315,000 worth of event tickets and additional benefits in annual reports to the U.S. Department of Labor, while the ex-union leader sought probation.
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May 13, 2025
Walmart Settles Biometric Privacy Suit Ahead Of June Trial
Walmart and a driver for Walmart's grocery delivery platform have resolved his claims that the platform's identity verification process violates Illinois' biometric privacy law by scanning geometric facial data in their selfies and licenses to authenticate an applicant's identity without informed consent.
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May 13, 2025
DOJ Criminal Division Head Dangles Self-Disclosure 'Carrot'
The U.S. Department of Justice unveiled a revised corporate enforcement policy Monday that offers companies a "clear path" to avoid criminal resolutions when they voluntarily self-disclose misconduct, a boon for American businesses that further scales back the scope of white collar enforcement under the Trump administration.
Expert Analysis
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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What Del. Corporate Law Rework Means For Founder-Led Cos.
Although the amendments to the Delaware General Corporation Law have proven somewhat divisive, they will provide greater clarity and predictability in the rules that apply to founder-led companies navigating transactions concerning controlling stockholders and responding to books-and-records requests, say attorneys at Munger Tolles.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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DOJ Immigration Playbook May Take Cues From A 2017 Case
A record criminal resolution with a tree trimming company accused of knowingly employing unauthorized workers in 2017 may provide clues as to how the U.S. Department of Justice’s immigration crackdown will touch American companies, which should prepare now for potential enforcement actions, says Jonathan Porter at Husch Blackwell.
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Paul Atkins' Past Speeches Offer A Glimpse Into SEC's Future
Following Paul Atkins' Thursday Senate confirmation hearing, a look at his public remarks while serving as a commissioner at the U.S. Securities and Exchange Commission between 2002 and 2008 reveals eight possible structural and procedural changes the SEC may see once he likely takes over as chair, say attorneys at Covington.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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How Del. Supreme Court, Legislature Have Clarified 'Control'
The Delaware Supreme Court's January decision in In re: Oracle and the General Assembly's passage of amendments to the Delaware General Corporation Law this week, when taken together, help make the controlling-stockholder analysis clearer and more predictable for companies with large stockholders, say attorneys at Baker Botts.
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Retirement Plan Suits Show Value Of Cybersecurity Policies
Several data breach class actions that were recently filed against retirement plan administrator The Pension Specialists in Illinois federal court are a reminder that developing and following a good written cybersecurity policy provides a blueprint for compliance and may prevent lawsuits, says Carol Buckmann at Cohen & Buckmann.
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How Importers Can Minimize FCA Risks Of Tariff Mitigation
False Claims Act risks are inherent in many tariff mitigation strategies, making it important for importers to implement best practices to identify and report potential violations of import regulations before they escalate, says Samuel Finkelstein at LMD Trade Law.
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Explaining CFPB's Legal Duties Under The Dodd-Frank Act
While only Congress can actually eradicate the Consumer Financial Protection Bureau, the Trump administration has sought to significantly alter the agency's operations, so it's an apt time to review the minimum baseline of activities that Congress requires of the CFPB in Title X of the Dodd-Frank Act, say attorneys at Bradley Arant.
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State Securities Enforcers May Fill A Federal Enforcement Gap
The U.S. Securities and Exchange Commission appears poised to take a lighter touch under the new administration, but state enforcement efforts are likely to continue unabated, and potentially even increase, particularly with regard to digital assets and ESG disclosures, say attorneys at Ropes & Gray.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Recent Cases Highlight Latest AI-Related Civil Litigation Risks
Ongoing lawsuits in federal district courts reveal potential risks that companies using artificial intelligence may face from civil litigants, including health insurance coverage cases involving contractual and equitable claims, and myriad cases concerning securities disclosure claims, say attorneys at Katten.
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Employer Tips To Navigate Cultural Flashpoints Investigations
As companies are increasingly flooded with complaints of employees violating policies related to polarizing social, cultural or political issues, employers should beware the distinct concerns and increased risk in flashpoints investigations compared to routine workplace probes, say attorneys at Seyfarth.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.