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May 15, 2025
FTZ Holding Can't Stop Duty Refund Clock, Trade Court Rules
The U.S. Court of International Trade ruled Thursday that a cigarette distributor waited too long to seek out duty refunds on its product, explaining that products being held for several years in a foreign-trade zone did not prevent the statutory clock from running.
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May 15, 2025
SEC Focused On 'Rooting Out' AI Abuse, Agency Atty Says
The U.S. Securities and Exchange Commission is focused on "rooting out" the misuse of artificial intelligence by brokerage firms and publicly traded companies, a California audience heard Thursday as agency attorneys tried to combat the perception that the SEC's enforcement arm has gone silent.
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May 15, 2025
Ex-Eletson Board Facing Fees In Ch. 11 Fight
A New York bankruptcy judge Thursday said international shipping group Eletson Holdings can collect legal fees for its long-running fight against former board members and that he would consider new sanctions against parties Eletson says are interfering with its Chapter 11 plan.
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May 15, 2025
Apple Accused Of False IPhone AI Promises In 50-State Suit
Apple pulled a bait-and-switch on phone buyers when it promised that new artificial intelligence features would be available on the iPhone 16, despite knowing it hadn't yet developed those features, according to a sprawling proposed class action that brings claims under consumer protection laws in all 50 states.
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May 15, 2025
House Tax Bill's Foreign Rules May Finish Off Energy Perks
House Republicans' mammoth tax bill proposes phasing out two popular clean electricity business tax credits, but additional restrictions on eligible development projects' foreign business ties could have the same effect as immediately repealing them.
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May 15, 2025
DC Circ. Doubts Jurisdiction In Baristas' NLRB Challenge
A D.C. Circuit panel expressed skepticism Thursday that it had any role in deciding two Starbucks workers' challenge to job protections for National Labor Relations Board members now that the agency agrees with the baristas' argument.
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May 15, 2025
SEC-Ripple Deal Hits Speed Bump With NY Judge
The New York federal judge who oversees the U.S. Securities and Exchange Commission's enforcement case against blockchain firm Ripple Labs declined Thursday to bless a deal that would truncate the penalties and injunctions she levied in her judgment, saying the request was made in a "procedurally improper" way.
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May 15, 2025
FTC Chair Says Staffing Cuts Needed After Hiring Spree
Federal Trade Commission Chairman Andrew Ferguson told lawmakers on Thursday that the previous administration hired too many agency staffers and said he is looking to reduce the workforce by around 16% while trying to avoid layoffs.
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May 15, 2025
Curaleaf And Ex-VP In Settlement Talks, Court Told
Curaleaf has tentatively agreed to drop a lawsuit against a former executive it accused of stealing confidential records to share with a rival cannabis firm, according to a notice filed in Florida federal court.
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May 15, 2025
Ex-Ohio Speaker Wins More Time To Retool Bribery Appeal
The Sixth Circuit Thursday granted former Ohio House of Representatives Speaker Larry Householder more time to iron out his bid for the court to reconsider its refusal to vacate his bribery conviction over the FirstEnergy nuclear bailout scandal that got him sentenced to 20 years in prison.
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May 15, 2025
Golden Corral Can't Resurrect COVID-19 Coverage Case
A North Carolina federal court blocked Golden Corral's last-ditch effort at COVID-19 insurance coverage, finding that although similar policyholders scored a recent win before the state's supreme court, that victory wasn't "extraordinary" enough to disturb a final judgment against the restaurant chain.
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May 15, 2025
Senior Living Co. Pleads For Proxy Fight Win After CEO Exit
Brookdale Senior Living, the largest U.S. senior living operator, urged shareholders Thursday to reject a proxy contest brought by an affiliate of activist investor Ortelius Advisors, claiming the fund hasn't offered a new strategy for the company despite its criticism.
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May 15, 2025
NJ Securities Chief Fills In For Departing Consumer Watchdog
New Jersey's securities enforcement chief is temporarily filling in as the state's consumer watchdog, as the individual confirmed to the latter role seven months ago is departing, according to an announcement by Attorney General Matt Platkin.
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May 15, 2025
AI Startup Perplexity Seeks $14B Valuation, And More Rumors
Perplexity is in talks for a new funding round that would value the artificial intelligence startup at $14 billion, OpenAI is reworking a multibillion-dollar agreement with Microsoft Corp. in order to free up its plans for an initial public offering, and Dutch power grid operator TenneT is considering selling a stake in its German division for up to $13 billion.
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May 15, 2025
Senate Confirms Trump's Pick For EPA General Counsel
The U.S. Senate on Thursday voted to confirm Sean Donahue as the U.S. Environmental Protection Agency's general counsel.
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May 15, 2025
Covington Atty To Help With Squarespace Appraisal Discovery
A Delaware vice chancellor has appointed a Covington & Burling LLP attorney to help sort through discovery issues in an action Glazer Capital LLC-managed funds have filed to determine the fair value of their Squarespace Inc. shares.
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May 15, 2025
Regeneron Wins $271.2M In Amgen Antitrust Suit
A federal jury in Delaware put Amgen Inc. on the hook Thursday for at least $271.2 million in punitive damages arising from an alleged scheme that undercut Regeneron's price for its Praluent anti-cholesterol drug by bundling Amgen's competing, higher-priced Repatha with rebates for two expensive, blockbuster medications.
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May 14, 2025
NJ Attys Reveal Workplace Probe Tips Amid New Limits
Witness misunderstandings in workplace probes can be avoided by clarifying the terms of the interview and the roles of the participants, lawyers said Wednesday at the New Jersey State Bar Association's annual meeting in Atlantic City.
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May 14, 2025
NY Judge Skeptical Of Huawei's Pretrial Bid To Nix Charges
A Brooklyn federal judge seemed skeptical of a push by Huawei Technologies and affiliates to dismiss charges from a criminal case alleging Huawei deceived banks and the U.S. government for years about its business dealings in sanctioned countries and conspired to steal intellectual property from U.S. companies.
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May 14, 2025
Smartmatic Says Fox News Deleted 'Incriminating' Texts
Fox News and its executives — including Rupert Murdoch and his son, Lachlan — deleted "critical" and "incriminating" text messages related to the network's allegedly defamatory broadcasts about Smartmatic during the 2020 election, the voting tech company said Wednesday.
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May 14, 2025
J&J Unit's Catheter Policy Stopped Free-Riding, Jury Told
A Johnson & Johnson unit sales director took the stand Wednesday in Innovative Health's antitrust case against its medical technology unit Biosense Webster, defending Biosense's policy cutting off clinical cardiac mapping support to hospitals using third-party reprocessed catheters and explaining that the policy prevented competitors from free-riding on its investments in clinical support training.
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May 14, 2025
Lawmakers Question Legality Of Library Of Congress Moves
The Trump administration's recent removal of the head of the U.S. Copyright Office has triggered concerns from Senate Democrats who questioned Wednesday if the president had the authority to do it and whether it threatens the agency's independence.
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May 14, 2025
MyPillow CEO Can't Delay Defamation Trial Over Atty AI Errors
A Colorado federal judge denied MyPillow CEO Mike Lindell's request to continue a defamation jury trial set for early June, finding her threat of discipline and media attention over mistakes stemming from defense counsel's use of artificial intelligence in drafting briefs don't warrant delaying trial in the lawsuit.
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May 14, 2025
Costco Fails To Wipe Away Kirkland Baby Wipes PFAS Suit
A California federal judge Wednesday denied a bid by Costco Wholesale Corp. to toss a mother's putative class action accusing the warehouse club of falsely advertising Kirkland brand baby wipes as being natural despite allegedly having toxic levels of so-called forever chemicals, saying the mother sufficiently alleged three types of chemicals and their quantities.
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May 14, 2025
Google Co-Founder Sergey Brin Settles Fatal Plane Crash Suit
Google co-founder Sergey Brin and others have settled at least one wrongful death lawsuit filed by family members of a pilot who died while ferrying Brin's private aircraft from California to Hawaii, according to a California state court filing.
Expert Analysis
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4 Takeaways From La. Coastal Wetland Damage Verdict
A recent $745 million verdict in a case filed by a Louisiana parish against Chevron for violating a Louisiana environmental law illustrates that climate-related liabilities pose increasing risk and litigation risk may not follow a red state versus blue state divide, say attorneys at ArentFox Schiff.
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10 Soft Skills Every GC Should Master
As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.
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How Proxy Advisory Firms Are Approaching AI And DEI
Institutional Shareholder Services' and Glass Lewis' annual updates to their proxy voting guidelines reflect some of the biggest issues of the day, including artificial intelligence and DEI, and companies should parse these changes carefully, say attorneys at Cahill Gordon.
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5 Key Issues For Multinational Cos. Mulling Return To Office
As companies increasingly revisit return-to-office mandates, multinational employers may face challenges in enforcing uniform RTO practices globally, but several key considerations and practical solutions can help avoid roadblocks, say attorneys at Baker McKenzie.
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Reviving A Dormant Criminal Statute In Antitrust Prosecution
The U.S. Department of Justice is poised to revive a dormant misdemeanor statute to resolve bid-rigging charges against a foreign national, providing important context to a recent effort to entice foreign defendants to take responsibility for pending charges or face the risk of extradition, say attorneys at Axinn.
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Traversing The Shifting Sands Of ESG Reporting Compliance
Multinational corporations have increasingly found themselves between a rock and a hard place attempting to comply with EU and California ESG requirements while not running afoul of expanding U.S. anti-ESG regimes, but focusing on what is material to shareholder value and establishing strong governance can help, say attorneys at MoFo.
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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How Plan Sponsors Can Mitigate Risk In PBM Contracts
A recent lawsuit in New York federal court alleges that JPMorgan caused exorbitant prescription costs by mishandling the pharmacy benefit manager arrangement, adding to a growing body of Employee Retirement Income Security Act fiduciary breach litigation and affirming that fiduciaries must proactively manage their healthcare plan vendors, say attorneys at Hall Benefits Law.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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Tax Takeaways From Georgia's 2025 Legislative Session
Attorneys at Eversheds Sutherland discuss tax-related measures passed by the Georgia Legislature during the session that adjourned on April 4, which included a decrease in income tax rates, an extension of the time in which to a protest tax assessment and cleanup provisions related to launching the state’s new tax court next year.
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Limit On SEC Enforcement Authority May Mean Fewer Actions
Following a recent U.S. Securities and Exchange Commission final rule revoking the Enforcement Division director's long-standing authority to issue formal investigation orders, it's clear the division is headed for a new era of limited autonomy, marked by a significantly slower pace of SEC investigations, say attorneys at Ballard Spahr.
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Calif. Antitrust Laws May Turn More Zealous Than US Regs
California is poised in the next 18 months to significantly expand its antitrust laws, broadening the scope of liability and creating a premerger review process that could be more expansive than review under the Hart-Scott-Rodino Act, say attorneys at Munger Tolles.
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As SEC, CFTC Retreat, Who Will Police The Crypto Markets?
As the U.S. Securities and Exchange Commission and U.S. Commodity Futures Trading Commission pull back from policing the crypto markets, the Federal Trade Commission and Consumer Financial Protection Bureau have the authority to pick up the slack — although recent events raise doubts that they will do so, say attorneys at Skadden.
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Digesting A 2nd Circ. Ruling On Food Delivery App Arbitration
The Second Circuit recently rejected Grubhub's attempt to arbitrate price-fixing claims, while allowing Uber Eats to do so, reinforcing that even broad arbitration clauses must connect to the underlying dispute and suggesting that terms of service litigation may center on websites' design and content, say attorneys at Greenspoon Marder.