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Corporate
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July 24, 2025
Lincoln National Beats Investor Suit Over $2.6B Loss, For Now
A Pennsylvania federal judge on Thursday tossed with leave to amend a proposed securities class action alleging that Lincoln National Corp. misled investors about its financial health before reporting a $2.6 billion net loss in 2022, finding that the investors didn't specify when Lincoln National had access to certain data and studies.
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July 24, 2025
UnitedHealth Discloses DOJ Medicare Civil, Criminal Probes
UnitedHealth Group Inc. has disclosed that it is complying with formal criminal and civil requests from the U.S. Department of Justice, following media reports about investigations into aspects of the insurance giant's participation in Medicare.
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July 24, 2025
JBS S.A. Sued In Del. Over Pilgrim's Pride Control Moves
Pension fund stockholders of poultry industry giant Pilgrim's Pride Corp. have sued Brazil-based meat giant JBS S.A., its affiliates and its Pilgrim's board appointees in Delaware's Court of Chancery, alleging actions that unfairly increased JBS' clout and access to dividends and tax benefits at minority shareholder expense.
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July 24, 2025
AI Rollout At USPTO Has Attys Foreseeing Stronger Patents
As the U.S. Patent and Trademark Office incorporates more use of artificial intelligence in patent examination, attorneys predict the technology could lead to stronger patents in the future, especially for designs, though it may make the process more challenging for applicants.
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July 24, 2025
Ex-Astros CEO Says He Fully Trusted Owner During 2011 Sale
A former Houston Astros CEO testified Thursday in state court that the baseball team fully trusted owner Drayton McLane Jr. during his 2011 sale of the team when he said Comcast Corp. could deliver on a plan estimated to be worth $700 million over eight years.
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July 24, 2025
IRS Can Levy Religious Group's Property, Split 9th Circ. Says
The IRS can impose a lien on an Arizona residential property held by a religious organization to collect unpaid taxes owed by a bankrupt couple who had decision-making authority over the entity's finances and bank account, a divided Ninth Circuit ruled Thursday.
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July 24, 2025
Luminar CEO's Resignation Sparks Investor Suit
Laser sensor company Luminar Technologies Inc., its ex-CEO and chief financial officer were hit with a proposed shareholder class action alleging that they failed to inform investors that its highest officer was engaging in conduct that made him subject to an inquiry by an audit committee, leading to his resignation in May.
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July 24, 2025
Sun Pharma Settles Consumer Price Fixing Case For $200M
Sun Pharmaceuticals has agreed to a $200 million settlement with a class of consumers who claim that the company joined other generics makers in fixing drug prices.
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July 24, 2025
FTC May Join Intuitive Surgical Antitrust Appeal
The Federal Trade Commission has asked the Ninth Circuit for extra time to decide if it will weigh in on a $140 million antitrust appeal involving Intuitive Surgical's da Vinci robot.
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July 24, 2025
SEC Escapes Atty Fee Bid After Rare In-House Loss
The U.S. Securities and Exchange Commission will not have to reimburse a Michigan-based company that spent four years fighting to have a trading suspension lifted, an administrative law judge has ruled, though he said the case raised "serious questions" about the agency's process for obtaining such suspensions.
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July 24, 2025
Waste Management Unit Sues PE Fund Over Eviction Threat
A Waste Management Inc. subsidiary accused its private equity fund landlord in Colorado state court of wrongfully threatening the company with eviction from its local large waste recycling facility in north Denver.
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July 24, 2025
Union Pacific, Norfolk Pursuing Coast-To-Coast Rail Megadeal
Norfolk Southern Corp. and Union Pacific Corp. on Thursday confirmed they are in "advanced discussions" on a potential megamerger that would create a transcontinental rail giant — and one that may stand a better chance of success under a more flexible regulatory regime.
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July 24, 2025
Chancery OKs $12.75M Settlement In MoneyLion SPAC Suit
Saying parts of the deal "reflect a poster-child scenario for the problems and malincentives associated with the de-SPAC form," a Delaware vice chancellor on Thursday approved a $12.75 million settlement in a stockholder suit challenging a take-public deal for digital finance platform MoneyLion.
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July 24, 2025
Madigan Confidant Gets 2 Years For Role In ComEd Bribery
An Illinois federal judge sentenced a lobbyist for Commonwealth Edison to two years in prison Thursday for his role in forging a "crucial connection" between the utility and his longtime friend, former Illinois House Speaker Michael Madigan, and acting as Madigan's mouthpiece in a scheme to illegally influence the powerful politician to support ComEd's legislative agenda.
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July 24, 2025
Kraft Must Face Claims It Stole Overseas Distributor Database
The Kraft Heinz Co. cannot escape a lawsuit accusing it of stealing confidential information from a business that helps U.S.-based consumer goods brands expand their markets internationally by identifying foreign distributors, an Atlanta federal judge has ruled.
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July 24, 2025
Texas Judge Nixes Gov't's 'Unprecedented' Suit Against CBAs
Eight federal agencies lack standing to seek an order giving the green light to end collective bargaining agreements, a Texas federal judge ruled, saying the government's request is "unprecedented" and could open a Pandora's box for executive orders.
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July 24, 2025
Columbia Sportswear Says University Breached Name Deal
Columbia Sportswear Co. has sued Columbia University in Oregon federal court, claiming the university breached a trademark deal over their shared name by making apparel that only said "Columbia" with no other university insignia.
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July 24, 2025
CapVest Seeks $11.7B Stake In Stada, Plus More Rumors
British private equity firm CapVest Partners is looking to take a major stake in German drugmaker Stada Arzneimittel in a roughly $11.7 billion deal, Comedy Central's "South Park" creators have nabbed a $1.5 billion five-year streaming rights deal with Paramount, and ExxonMobil wants to explore deepwater blocks in Trinidad and Tobago for oil and gas. Here, Law360 breaks down these and other deal rumors from the past week.
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July 24, 2025
Victim Takes Stand, Tells Of Girlfriend Killed In Tesla Crash
A woman killed in a 2019 Florida Keys crash was "just a light" who brought joy to everyone she met, her boyfriend told jurors Thursday in a trial over whether Tesla's autopilot system is to blame for the crash.
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July 24, 2025
Trump Says AI Needs Free Content For Global Competition
President Donald Trump has expressed support for letting large language model developers use copyrighted material for training their systems without payment, saying during the unveiling of his artificial intelligence action plan that licensing requirements would impede the technology's progress and give China an unfair advantage.
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July 24, 2025
McGuireWoods Adds Offit Kurman Gov't Contracts, Tech Atty
McGuireWoods LLP has hired a former Offit Kurman Attorneys At Law principal who focuses his practice on government contracts and technology transactions, and who joins the team as a counsel in Washington, D.C., the firm announced Thursday.
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July 24, 2025
DOL Relaunches Employer Self-Audit FLSA Program
The U.S. Department of Labor relaunched an employer self-audit program Thursday that supports employers that seek to resolve potential wage violations and avoid litigation — an initiative from the first Trump administration that was popular among employers.
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July 24, 2025
Alston & Bird Expands West Coast Reach With LA Funds Atty
Alston & Bird LLP has hired a former Greenberg Traurig LLP shareholder with in-house investment firm experience as an investment funds partner in Los Angeles.
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July 23, 2025
Deleted Data, Juror DQ Heat Up Tesla Fatal Crash Trial
A Tesla software engineer had no explanation for how autopilot data about a fatal Florida Keys crash was permanently deleted or moved, in a deposition shown to jurors Wednesday that capped off two days of trial that also saw a juror removed over social media posts about Tesla CEO Elon Musk.
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July 23, 2025
FTC Wants PE Firm's Medical Device Coating Deal Put On Ice
Private equity firm GTCR BC Holdings' $627 million merger with Surmodics will bring the previously fierce competition for medical device coatings to a grinding halt, the FTC says, which is all the more reason a federal court should block the deal while an agency challenge plays out.
Expert Analysis
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Only Certainty About FAR Reform Order Is Its Uncertainty
The president’s recent order overhauling the Federal Acquisition Regulation, which both contractors and agencies rely on to ensure predictability and consistency in federal procurement, lacks key details about its implementation, which will likely eliminate many safeguards that ensure contractors are treated fairly and that procurements are awarded in a reasonable manner, say attorneys at Miles & Stockbridge.
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Maintaining Legal Compliance For GenAI In Life Sciences
As companies continue to implement generative artificial intelligence to enhance all phases of drug discovery, they must remain mindful of legal, regulatory and practical considerations as best practices in this space emerge and evolve, say attorneys at Sullivan & Cromwell.
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Series
Teaching Business Law Makes Me A Better Lawyer
Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.
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SEC's Crypto Statement Offers Clarity On Disclosures
While the crypto industry awaits a definitive rule from the U.S. Securities and Exchange Commission on whether a crypto-asset is a security, its recent guidance provides a road map for registrants seeking to comply with current disclosure requirements and shows the commission is working toward a comprehensive regulatory framework, say attorneys at Debevoise.
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Navigating The Expanding Frontier Of Premerger Notice Laws
Washington's newly enacted law requiring premerger notification to state enforcers builds upon a growing trend of state scrutiny into transactions in the healthcare sector and beyond, and may inspire other states to enact similar legislation, say attorneys at Simpson Thacher.
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Jurisdictional Issues At Play In 9th Circ.'s FCA Trade Case
A decision by the Ninth Circuit in Island Industries v. Sigma Corp. could result in the U.S. Court of International Trade’s exclusive jurisdiction over trade-related FCA cases, a big shift in the enforcement landscape just as tariffs take center stage in trade policy, say attorneys at Haynes Boone.
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Evolving Federal Rules Pose Further Obstacles To NY LLC Act
Following the Financial Crimes Enforcement Network's recent changes to beneficial ownership information reporting under the federal Corporate Transparency Act — dramatically reducing the number of companies required to make disclosures — the utility of New York's LLC Transparency Act becomes less apparent, say attorneys at Pillsbury.
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Action Steps To Prepare For Ramped-Up Export Enforcement
In light of recent Bureau of Industry and Security actions and comments, companies, particularly those with any connection to China, should consider four concrete steps to shore up their compliance programs given the administration's increasingly aggressive approach to export enforcement, say attorneys at Gibson Dunn.
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Series
Law School's Missed Lessons: Mastering Discovery
The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.
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DOJ Signals Major Shift In White Collar Enforcement Priorities
In a speech on Monday, an official outlined key revisions to the U.S. Department of Justice’s voluntary self-disclosure, corporate monitorship and whistleblower program policies, marking a meaningful change in the white collar enforcement landscape, and offering companies clearer incentives and guardrails, say attorneys at McGuireWoods.
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Web Tracking Ruling Signals Potential Broadening Of CCPA
The Northern District of California's recent decision in Shah v. Capital One Financial Corp. is notable, as it signals a potential broadening of the California Consumer Privacy Act's private right of action beyond data breaches to unauthorized, nonbreach disclosures involving the use of now-ubiquitous tracking technologies, say attorneys at Baker Donelson.
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Opinion
Proposals Against Phillips 66 Threaten Corporate Law
Activist investor Elliott Investment Management's latest attempted tactic — initiating a high-stakes proxy contest against Phillips 66 — goes too far and would cause the company to both violate Delaware law and avoid the legal exception to the shareholder proposal process, says J.W. Verret at George Mason University.
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Strategies To Limit Inherent Damage Of Multidefendant Trials
As shown by the recent fraud convictions of two executives at the now-shuttered education startup Frank, multidefendant criminal trials pose unique obstacles, but with some planning, defense counsel can mitigate the harm and maximize the chances of a good outcome, says Kenneth Notter at MoloLamken.
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Patent Takeaways In Fed. Circ.'s 1st Machine Learning Ruling
The Federal Circuit’s recent decision in Recentive Analytics v. Fox, a case of first impression affirming the invalidity of patents that applied general machine learning methods to conventional tasks, serves as a cautionary guide for patent practitioners navigating the complexities of machine learning inventions, say attorneys at Foley & Lardner.
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Parsing The SEC's New Increased Co-Investment Flexibility
The U.S. Securities and Exchange Commission's new co-investment exemptive orders simplify processes and reduce barriers for regulated funds — and rulemaking may evolve further to allow investors access to additional investment opportunities and increase available capital for issuers seeking to raise money from fund complexes, say attorneys at Simpson Thacher.