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Corporate
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July 22, 2025
Trump Says US Has Reached 'Exciting' Trade Deal With Japan
President Donald Trump on Tuesday said the United States has entered into a "massive" trade deal with Japan under which Japan will "open their country to trade, including cars and trucks, rice and certain other agricultural products" and pay a 15% tariff.
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July 22, 2025
Clorox's $380M Suit Says Cognizant Gave Hackers Passwords
Bleach maker Clorox hit Cognizant with a $380 million lawsuit in California state court Tuesday, alleging the cybersecurity company enabled a "catastrophic" 2023 cyberattack by handing over highly sensitive Clorox employee passwords after hackers simply asked for them.
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July 22, 2025
GOP Senators Float Crypto Market Structure Discussion Draft
Republicans on the Senate Banking Committee on Tuesday circulated a discussion draft of their bill to regulate crypto markets building on the House's Clarity Act, which passed the lower chamber last week.
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July 22, 2025
States, Asbestos Claimants Seek Claim Purge Block In Del.
An attorney for companies embroiled in asbestos injury suits urged a Delaware vice chancellor Tuesday to block plans by asbestos bankruptcy claims trusts to begin routine destruction of exposure-related data, arguing that the move would cut off a potential last-resort source of information.
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July 22, 2025
DC Circ. Won't Revive Cocoa Farm Child Slave Labor Suit
The D.C. Circuit on Tuesday declined to revive a proposed class suit by former child laborers against Hershey, Nestlé and five other companies alleging they were forced into child labor to pick cocoa later used by the companies, saying the plaintiffs failed to link the companies to the specific farms they worked on.
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July 22, 2025
Del. Boutique Wins 'Heated' Battle To Lead Endeavor Suit
Litigation boutique Abrams & Bayliss LLP has been handed the reins to a potential blockbuster lawsuit alleging that sports and entertainment giant Endeavor Group Holdings was undervalued in a $13 billion take-private deal, with a Delaware vice chancellor on Tuesday settling what she described as a "heated," and at times personal, leadership fight in the case.
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July 22, 2025
Phone Co.'s Stockholder Disputes Not Covered, Insurers Say
A former smartphone developer's insurers told a New York federal court they owe no coverage for a suit seeking access to the company's books and records and a stockholder derivative action accusing the CEO of misusing company funds while the board of directors failed to provide oversight.
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July 22, 2025
Maxell Seeks Boost To $112M Patent Award, Samsung Hits Back
Maxell Ltd. has asked a Texas federal judge to enhance a $112 million jury verdict and permanently bar Samsung from infringing patents covering functions in personal electronics, while Samsung said the verdict should be thrown out as a matter of law.
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July 22, 2025
Brandy Melville Hits Temu For 'Bait-And-Switch' Copycat Garb
Bargain-shopping app Temu's entrance into the "ultra fast fashion" market might have been "meteoric," but that's because it rips off other brands' intellectual property to sell cheap copycat products, Brandy Melville alleges in a federal lawsuit, claiming Temu even uses the clothing brand's photographs to pull a "bait-and-switch" on shoppers.
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July 22, 2025
Netflix Fired Atty For Reporting On 2 Senior Execs, Suit Says
Netflix's ousted labor relations counsel filed a retaliation suit in California state court on Monday alleging she was fired after speaking up about sexual harassment and racial bias by two senior executives, and that she was passed over for job opportunities in favor of white colleagues.
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July 22, 2025
Amazon Pushes Back On FTC's Trial Time Extension Bid
Amazon has urged a Washington federal court to reject the Federal Trade Commission's bid to extend the agency's trial time in a lawsuit over automatically recurring Prime subscriptions, calling the proposal both unfair and baseless.
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July 22, 2025
YouTube, TikTok Poised To Beat 'Choking Challenge' Suit
A California federal magistrate judge appeared inclined Tuesday to toss a proposed class action alleging YouTube's and TikTok's reporting features are defectively designed to overlook deadly "choking challenge" videos and similar dangerous content, noting that content moderation tools are typically shielded by Section 230, even if those tools "get it wrong."
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July 22, 2025
Chancery Tosses Derivative Suit For Pharma Lawsuit Costs
A Delaware vice chancellor tossed on Tuesday a Corcept Therapeutics Inc. stockholder suit seeking derivative recovery of millions the company paid out to regulators for "aggressive" off-label marketing and sales of its sole drug, used to treat complications of the rare disease Cushing's syndrome.
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July 22, 2025
Quantum Wants FTC To Lift Order On $5.2B Natural Gas Deal
The Federal Trade Commission is asking for public feedback on a Quantum Energy Partners petition aiming to set aside a consent order the agency entered over a $5.2 billion deal that EQT Corp. struck with Quantum for oil and gas assets in Appalachia.
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July 22, 2025
IP Notebook: Cox Piracy Appeal, Ugliest House, Keyword Feud
The U.S. Supreme Court's decision to review Cox Communications Inc.'s appeal regarding the liability of internet service providers for their customers' music piracy has prompted defendants to request stays in separate intellectual property litigation until the question is resolved, but plaintiffs say that's no reason for delays.
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July 22, 2025
Charter Shareholder Drops Suit Over $37.9B Cox Deal
A Charter Communications Inc. shareholder has withdrawn from Connecticut state court an 11-day-old lawsuit that sought to block a July 31 vote on the company's proposed $37.9 billion acquisition of Cox Communications Inc.
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July 22, 2025
Samourai Wallet Execs Could Explore Plea Deals, Judge Says
Two Samourai Wallet executives accused of using the crypto-mixing service to facilitate $2 billion in illegal transactions denied charges in an updated indictment Tuesday, before a Manhattan federal judge suggested they could explore plea talks ahead of their November trial.
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July 22, 2025
Ex-Boeing Atty's 'Toxic Leadership Style' Sinks Race Bias Suit
A Washington federal judge tossed a lawsuit from a former Boeing in-house attorney who said the company fired her because she is Asian and spoke up about compliance concerns, ruling she couldn't overcome testimony from colleagues who said she was "volatile" and had a "toxic leadership style."
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July 22, 2025
Ex-J&J Atty Slams Bid To Dismiss Her Bias, Retaliation Suit
A former Johnson & Johnson data privacy lawyer is urging a New Jersey federal court to keep alive her racial bias suit, arguing the pharmaceutical giant's dismissal bid is based on flawed legal arguments.
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July 22, 2025
OpenAI Scores TM Win Against Open Artificial Intelligence Co.
A California federal judge has granted OpenAI Inc. a win in a trademark infringement case it brought against a company with a similar name, finding the other company had made misrepresentations to the U.S. Patent and Trademark Office.
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July 22, 2025
Tax Software Co. Avalara, Universal Music Submit IPO Plans
Avalara Inc. and music giant Universal Music Group NV have confidentially filed plans for initial public offerings with the U.S. Securities and Exchange Commission, marking the latest two companies to join the private-to-public pipeline.
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July 21, 2025
Meta Took Data Of 30M Women From Menstrual App, Jury Told
Meta illegally took private health information from over 30 million women who used Flo Health's menstrual cycle app, a lawyer for the plaintiffs told a California jury Monday during opening statements in their privacy class action against the social media giant and the app-maker.
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July 21, 2025
Trump Asks DC Circ. To Block FTC Dem's Reinstatement
The Trump administration on Monday asked the D.C. Circuit to pause a Thursday order restoring a fired Federal Trade Commission Democrat's job, arguing that the ruling defies recent U.S. Supreme Court orders staying similar reinstatements at other independent agencies.
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July 21, 2025
Skechers Investor Loses Initial Bid To Block Take-Private Deal
A California federal judge has refused to preliminarily block private equity firm 3G Capital from taking footwear giant Skechers private for $9.4 billion, finding that a pension plan that owns Skechers shares failed to show it would be irreparably harmed without the injunction.
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July 21, 2025
SEC Lifts FINRA Ban For Atty Accused Of Cheating On Exam
A divided U.S. Securities and Exchange Commission has lifted an industry ban placed on a former SEC enforcement attorney who was deemed by the Financial Industry Regulatory Authority to have cheated on a securities exam, finding there was no conclusive evidence of cheating.
Expert Analysis
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Del. Corporate Law Rework May Not Stem M&A Challenges
While Delaware's S.B. 21 introduced significant changes regarding controllers and conflicted transactions by limiting what counts as a controlling stake and improving safe harbors, which would seem to narrow the opportunities to challenge a transaction as conflicted, plaintiffs bringing shareholder derivative claims may merely become more resourceful in asserting them, say attorneys at Debevoise.
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Synopsys-Ansys Merger Augurs FTC's Return To Remedies
The Federal Trade Commission's recent approval of $35 billion merger between Synopsys and Ansys, subject to the divestiture of certain assets, signals a renewed preference for settlements over litigation, if the former can preserve competition and a robust structural remedy is available, say attorneys at Simpson Thacher.
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CFPB's Guidance Withdrawal Deepens Industry Uncertainty
Following the Consumer Financial Protection Bureau's recent withdrawal of dozens of guidance documents in a post-Chevron world, financial services providers are left to make their own determinations about the complex issues addressed in the now-revoked materials, presenting a significant compliance burden, say attorneys at Bradley Arant.
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In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable
The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.
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SEC Signals Opening For Private Fund Investment Reform
At SEC Speaks in late May, the U.S. Securities and Exchange Commission made clear that it's considering allowing registered funds of private funds to be offered broadly to true retail investors, meaning existing funds should review their disclosures focusing on conflicts of interest, liquidity and fees, say attorneys at Stradley Ronon.
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What FCA Liability Looks Like In The Cybersecurity Realm
Two recent settlements highlight how whistleblowers and the U.S. Department of Justice have been utilizing the False Claims Act to allege fraud predicated on violations of cybersecurity standards — timely lessons given new bipartisan legislation introducing potential FCA liability for artificial intelligence use, say attorneys Rachel Rose and Julie Bracker.
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How Attorneys Can Become Change Agents For Racial Equity
As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.
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Unicoin Case Reveals SEC's Evolving Enforcement Posture
The U.S. Securities and Exchange Commission's recent fraud allegations against cryptocurrency company Unicoin send a clear message that while the Trump administration supports digital asset development, it will act decisively against deception, inflated valuations and false assurances, says David Zaslowsky at Baker McKenzie.
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Public Cos. Must Heed Disclosure Risks Amid Trade Chaos
Ongoing uncertainties caused by President Donald Trump's shifting stances on tariffs and trade restrictions have exponentially escalated financial reporting pressures on public companies, so businesses must ensure that their operations and accounting practices align with the U.S. Securities and Exchange Commission's standards, say Jennifer Lee at Jenner & Block and Edward Westerman at Secretariat Advisors.
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Opinion
9th Circ. Shopify Decision Gets Personal Jurisdiction Wrong
The Ninth Circuit's recent opinion in Briskin v. Shopify, rejecting the differential targeting requirement for personal jurisdiction, not only deviates from long-standing jurisprudence, but it also significantly expands the reach of internet-based claims under California law, says Matthew Pearson at Womble Bond.
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Robinson-Patman Enforcement May Fizzle Out After PepsiCo
After securing an early Robinson-Patman Act victory against the largest wine and spirits distributor in the U.S., the Federal Trade commission's voluntary dismissal of its own enforcement action against PepsiCo throws into doubt the future of the federal statute that prohibits price discrimination and other anticompetitive practices, say attorneys at V&E.
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Series
Running Marathons Makes Me A Better Lawyer
After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.
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High Court Ruling Bucks Trend Of Narrowing Fraud Theories
The U.S. Supreme Court’s recent Kousisis v. U.S. decision, holding that economic loss is not required to establish prosecutors’ fraudulent inducement theory of fraud, is at odds with its decadeslong narrowing of federal fraud statutes’ reach, and may lead to convictions for a wide variety of contractual misrepresentations, say attorneys at Keker Van Nest.
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3 Mistakes To Avoid In Service Provider AI Terms
Every service provider contract doesn't need extensive artificial intelligence provisions, because when poorly drafted, they create impracticable obligations, miss important distinctions and may reflect wrong understanding of the law, says Chris Wlach at Huge Inc.
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5 Ways In-House Counsel Can Stay Ahead Of New HSR Rules
Now that the Trump administration’s new Hart-Scott-Rodino Act rules have been in effect for several months, in-house counsel should consider several practice pointers that can help spearhead management of M&A-related antitrust risk, say attorneys at Squire Patton.