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Corporate
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October 14, 2025
Madigan Ally, Ex-ComEd CEO Can't Delay Prison For Appeal
An Illinois federal judge on Tuesday rejected requests by the former CEO of Exelon subsidiary Commonwealth Edison and a former lobbyist to remain out of prison while they appeal their convictions for engaging in a scheme to illegally influence ex-Illinois House Speaker Michael Madigan, saying what's left on appeal are not substantial questions and they aren't likely to overturn their guilty verdicts.
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October 14, 2025
Orrick Boosts Fund Formation Team With Wilson Sonsini Duo
Orrick Herrington & Sutcliffe LLP announced Tuesday that it has brought on two former Wilson Sonsini Goodrich & Rosati PC attorneys in Silicon Valley, one of whom will lead the firm's fund formation group.
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October 14, 2025
Calif. Gov. Vetoes Regulation Of AI In Employment Decisions
California Gov. Gavin Newsom vetoed a bill that would have required businesses to make sure humans reviewed termination and disciplinary decisions made by artificial intelligence tools, calling the legislation "overly broad."
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October 10, 2025
Real Estate Recap: Data Diligence, REIT Reinvention, Q3 Deals
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney tips for data center approvals, one Big Law partner's perspective on the reinvention of real estate investment trusts, and the third quarter's 10 largest global real estate mergers and acquisitions.
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October 10, 2025
Zantac MDL Suits Were Impropely Tossed, 11th Circ. Told
Consumers urged the Eleventh Circuit on Friday to revive their claims in a multidistrict litigation alleging that the main ingredient in the heartburn medication Zantac causes cancer, saying the court overseeing the case improperly sided with drugmakers' experts and preempted more claims from coming forward.
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October 10, 2025
Delta, Aeromexico Say USDOT Erred In Blocking Partnership
Delta Air Lines and Aeromexico have asked the Eleventh Circuit to vacate the U.S. Department of Transportation's order terminating approval of their joint venture and ordering them to dismantle it by January, according to a petition for review posted to the case docket Friday.
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October 10, 2025
5th Circ.'s FDIC Ruling 'Cries Out' For Review, Ex-CEO Says
A former Texas bank CEO has asked the full Fifth Circuit to revive his constitutional challenge to the Federal Deposit Insurance Corp.'s in-house enforcement process, arguing that a recent panel decision to reject his case as premature "cries out" for review.
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October 10, 2025
SEC's Atkins Commits To Expanding Use Of Wells Process
U.S. Securities and Exchange Commission Chairman Paul Atkins plans to refresh the agency's Wells process of engaging with firms ahead of potential enforcement actions, saying he intends for the agency to be more forthcoming with investigative findings and provide more time and opportunities to respond to these findings.
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October 10, 2025
DOJ Can't Pause Review Of UnitedHealth Deal Amid Shutdown
A Maryland federal judge rejected the U.S. Department of Justice's bid to stay its recently settled case with UnitedHealth over the company's merger with Amedisys because of the government shutdown and lapse in appropriations, ruling that a stay would impede the DOJ's ability to evaluate the public interest in the settlement.
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October 10, 2025
Chancery Resolves Caribevision TV's Control, Management
A series of rulings by a Delaware vice chancellor on Friday resolved for now disputes over control of Caribevision TV Network LLC, the self-described media "eyes and ears of the Caribbean" that recently saw police called in to block an attempt to replace the company's CEO.
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October 10, 2025
Cummins To Settle Investor Suit Over Emissions Scandal
Engine manufacturer Cummins Inc. and an investor have reached an agreement to settle proposed class action claims that the company hurt investors by hiding emissions control devices in certain engines, for which the company has paid a record $2 billion to settle regulators' Clean Air Act claims.
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October 10, 2025
Musk Accuses OpenAI Ex-Exec Of Subpoena 'Cat And Mouse'
A California federal magistrate judge is allowing Elon Musk to serve a deposition subpoena by Federal Express to a tech executive who briefly served as OpenAI's interim CEO after hearing that process servers and investigators had attempted personal service 11 times but were "stonewalled" by the woman and her security.
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October 10, 2025
AstraZeneca Strikes 'Most Favored Nation' Price Deal
Pharmaceutical giant AstraZeneca on Friday cut a deal with the Trump administration to reduce drug prices in the United States, agreeing to provide its medications for Medicaid beneficiaries at discount prices.
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October 10, 2025
Employment Authority: EEOC Cracks Down On Opioid Bias
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on why the U.S. Equal Employment Opportunity Commission appears to be cracking down on bias toward workers' opioid prescriptions, what two mixed rulings on captive audience bans mean for the landscape of the labor fight, and how today's U.S. Department of Labor compares to its mission under President Donald Trump's first term.
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October 10, 2025
Wyden Urges Justices To Revive UBS Retaliation Case Again
Sen. Ron Wyden and several whistleblower organizations have urged the U.S. Supreme Court to revive for a second time a fired UBS worker's whistleblower retaliation lawsuit, pointing to a "deep and direct conflict" the Second Circuit has created with its latest decision in the case.
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October 10, 2025
Justices Told SEC 'Dead Wrong' On Activist Investor Suits
An activist investor has told the U.S. Supreme Court that a series of investment funds, with the backing of the U.S. Securities and Exchange Commission, are "dead wrong" to say it has no right to sue over their decision to dilute the investor's voting shares.
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October 10, 2025
Supreme Court Asked To Consider Appeal Over AI-Created Art
A computer scientist who was denied a copyright for artwork created by an artificial intelligence system he built has asked the U.S. Supreme Court to review his appeal challenging the U.S. Copyright Office's decision.
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October 10, 2025
Infosys' Counterclaims Against Competitor Tossed For Now
A Texas federal court dismissed counterclaims from Infosys Ltd. accusing Cognizant TriZetto Software Group Inc. of monopolizing a market for healthcare software and related services after finding the allegations ignored potential competition from alternatives.
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October 10, 2025
StubHub Sued Over Failure To Refund Swift's Eras Tour Show
Online ticket reseller StubHub regularly reneges on its "FanProtect Guarantee" to either provide comparable tickets or refund customers if the tickets they bought aren't available the day of the concert, according to a proposed class action by a woman who says she was swindled out of thousands of dollars during Taylor Swift's Eras Tour.
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October 10, 2025
Experts Doubt Gold Card Will Siphon Off EB-5 Investors
Concerns that President Donald Trump's gold card will siphon off noncitizens who would otherwise seek permanent residency through the EB-5 investor program might be overblown, with experts suggesting the program's 35-year track record and stability will continue attracting foreign investors.
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October 10, 2025
SEC's Atkins Criticizes Del. As 'Uninterested' In IPO Reform
U.S. Securities and Exchange Commission Chair Paul Atkins said he is "disappointed" by recent changes to Delaware law that he believes will drive up litigation costs for public companies and make the state seem "uninterested in reform" that would encourage more companies to file initial public offerings there.
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October 10, 2025
Back Where We Started: Life After FTC's Noncompete Ban
Now that the Federal Trade Commission has abandoned efforts for a nationwide ban on noncompete clauses, the employment provisions remain subject to a constellation of changing state laws and can sometimes still violate federal law in certain situations.
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October 10, 2025
Profs Say Apple Used Copyrighted Material For AI Training
Two neuroscientists have sued Apple in California federal court, claiming it made use of their copyrighted materials to train its artificial intelligence model Apple Intelligence.
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October 10, 2025
OpenAI's Sora Backlash Shows IP Challenges For Tech Cos.
OpenAI's new version of its video-generation model Sora has highlighted the growing tension between the development of artificial intelligence technologies and intellectual property rights, with the company emphasizing an opt-in approach for copyright owners for using their works after backlash over a reported opt-out policy.
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October 10, 2025
Pharma Co. Escapes Suit Over Ex-CEO's Alleged Misconduct
Exscientia PLC on Friday won dismissal of a proposed class action related to the termination of its CEO after claims emerged that he participated in inappropriate workplace relationships, with the court finding the investors failed to show that the company's statements about its culture and governance were anything more than puffery.
Expert Analysis
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Compliance Lessons From 1st-Ever Product Safety Sentences
A California federal judge’s recent sentencing of two former Gree USA executives in a landmark Consumer Product Safety Act case serves as a reminder of the federal government’s willingness to pursue criminal prosecution of individuals who fail to report safety hazards, as well as companies’ need to strengthen their reporting and compliance programs, say attorneys at Cooley.
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Unpacking Enforcement Challenges Of DOJ's Bulk Data Rule
Now fully effective, the U.S. Department of Justice's new data security program represents the U.S.' first data localization requirement ripe for enforcement, but its implementation faces substantial practical challenges that may hinder the DOJ's ability for wide-ranging or swift action, say attorneys at Cleary.
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'Loss' Policy Definition Is Key For Noncash Settlements
A recent Delaware decision in AMC Entertainment v. XL Specialty Insurance, holding that the definition of loss includes noncash settlement payments, is important to note for policyholders considering other settlement options — like two other class actions that recently settled for vouchers, say attorneys at Reed Smith.
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Biotech Collaborations Can Ease Uncertainty Amid FDA Shift
As concerns persist that the U.S. Food and Drug Administration's reduced headcount will impede developments at already-strapped biotech companies, licensing and partnership transactions can provide the necessary funding and pathways to advance innovative products, say attorneys at Troutman.
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Series
Playing Mah-Jongg Makes Me A Better Mediator
Mah-jongg rewards patience, pattern recognition, adaptability and keen observation, all skills that are invaluable to my role as a mediator, and to all mediating parties, says Marina Corodemus.
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Business Court Bill Furthers Texas' Pro-Corporate Strategy
The Texas Legislature's recent bill to enhance corporate protections and expand access to the Texas Business Court by refining its jurisdictional standards is just the latest step in the state's playbook for becoming the new center of corporate America, say attorneys at Katten.
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Tips For Business Users After 2 Key AI Copyright Decisions
Because two recent artificial intelligence copyright decisions from the Northern District of California — Bartz v. Anthropic and Kadrey v. Meta — came out mostly in favor of the developers using the plaintiffs' works to train large language models, business users should proceed with care, says Chris Wlach at Acxiom.
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FTC Staff Cuts Unlikely To Curb Antitrust Enforcement Agenda
While Federal Trade Commission Chair Andrew Ferguson's recent commitment to reducing agency staff may seem at odds with the Trump administration's commitment to antitrust enforcement, a closer analysis shows that such reductions have little chance of derailing the president's efforts, say attorneys at Squire Patton.
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Diversity, Equity, Indictment? Contractor Risks After Kousisis
The U.S. Supreme Court’s recent Kousisis v. U.S. decision, holding that economic loss is not required to sustain wire fraud charges related to fraudulent inducement, may extend criminal liability to government contractors that make false diversity, equity and inclusion certifications, say attorneys at Moore & Van Allen.
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Series
Law School's Missed Lessons: Navigating Client Trauma
Law schools don't train students to handle repeated exposure to clients' traumatic experiences, but for litigators practicing in areas like civil rights and personal injury, success depends on the ability to view cases clinically and to recognize when you may need to seek help, says Katie Bennett at Robins Kaplan.
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Series
Texas Banking Brief: All The Notable Legal Updates In Q2
In the second quarter of 2025, the Texas Business Court's newly expanded jurisdiction set the stage for rising caseloads, while the state Legislature narrowed an exception to state bank control requirements and closed a cryptocurrency dividends payments loophole, say attorneys at Mayer Brown.
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5 Things Manufacturing GCs Should Know About Cyber Risk
Following a recent government report underscoring the growing cyber threat landscape for manufacturers, general counsel in the sector should be aware of the potentially broad consequences of a cyberattack, evolving notification systems and the need for incident response plans, say attorneys at Alston & Bird.
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Opinion
4 Former Justices Would Likely Frown On Litigation Funding
As courts increasingly confront cases involving hidden litigation finance contracts, the jurisprudence of four former U.S. Supreme Court justices establishes a constitutional framework that risks erosion by undisclosed financial interests, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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Quantifying Trading-Based Damages Using Price Impact
The U.S. Securities and Exchange Commission will likely increasingly rely on price impact analyses to demonstrate pecuniary harm from trading-related misconduct, meaning measuring price impact will be helpful in challenging SEC disgorgement, determining appropriate remedies, and assessing loss causation and damages in private litigation, says Vyacheslav Fos at Boston College and Erin Smith at Compass Lexecon.
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Practical Implications Of SEC's New Crypto Staking Guidance
The U.S. Securities and Exchange Commission's recent staff guidance that protocol staking does not constitute securities offerings provides a workable compliance blueprint for crypto developers, validators and custodial platforms willing to keep staking strictly limited to protocol-driven rewards, say attorneys at Cahill.