The U.S. Supreme Court's conservative majority pushed back Monday against the 90-year-old precedent permitting the removal only for cause of Federal Trade Commission members, and perhaps those serving other independent agencies, calling those safeguards a "dried husk" and wondering where to draw the line for protected agencies.
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TUESDAY, DECEMBER 9, 2025 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

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Conservative Justices Probe 'Husk' Of FTC Firing Protections

By Bryan Koenig

The U.S. Supreme Court's conservative majority pushed back Monday against the 90-year-old precedent permitting the removal only for cause of Federal Trade Commission members, and perhaps those serving other independent agencies, calling those safeguards a "dried husk" and wondering where to draw the line for protected agencies.

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Cravath, Latham Guide Paramount's Hostile $108B Bid For WB

By Dorothy Atkins

Cravath Swaine & Moore LLP and Latham & Watkins LLP guided Paramount Skydance Corp.'s hostile $108.4 billion bid for Warner Bros. Discovery on Monday, challenging Netflix's $82.7 billion play for the studio and streaming business, which has quickly drawn bipartisan criticism from lawmakers, Hollywood and even the president.

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EU Clears Mars' $36B Deal For Pringles Maker After Probe

By Matthew Perlman

European competition enforcers approved snack food and candy giant Mars Inc.'s planned $35.9 billion purchase of Cheez-It and Pringles maker Kellanova, after an in-depth review found the move would not give the combined company too much leverage over retailers.

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NASCAR Owes Teams $364M For Monopoly Harm, Jury Told

By Hayley Fowler

Two NASCAR teams — including one owned by Michael Jordan — are seeking more than $364 million in damages from the private stock car racing organization in their lawsuit claiming the league made it impossible for a rival series to form, the teams' expert testified Monday.

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7-Eleven To Pay $4.5M Penalty Over Fla. Gas Station Buy

By Rae Ann Varona

7-Eleven Inc. and its Japanese parent company will pay a historic $4.5 million penalty to settle the Federal Trade Commission's allegations that the convenience store giant bought a Florida gas station without first informing the FTC, in violation of a 2018 agreement, the agency announced Monday.

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RealPage Asks To Block NY Rental Pricing Software Law

By Matthew Perlman

Property management software company RealPage is asking for a preliminary injunction to block enforcement of a New York law that prohibits building owners from using software to set residential rental rates while its case challenging the statute plays out.

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MVP

MVP: Cohen Milstein's Benjamin D. Brown

By Bryan Koenig

Benjamin D. Brown of Cohen Milstein Sellers & Toll PLLC pushed the UFC to increase its settlement payout to "life-changing" sums for fighters accusing it of wage suppression, earning his place as one of the 2025 Law360 Competition MVPs.

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LITIGATION

Justices Skip 'WallStreetBets' TM Ownership Case

By Ivan Moreno

The U.S. Supreme Court on Monday declined to hear an appeal from the creator of Reddit's WallStreetBets, who sought review of a Ninth Circuit decision that the social media company owned the trademark rights to the popular investing forum's name.

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2nd Circ. Doubts Ex-Basketball Players' NIL Claims Are Timely

By David Steele

A Second Circuit panel on Monday persistently pushed the attorney for former college basketball players to explain why the players waited so long to claim the unpaid use of their images by the NCAA, years after their careers had ended.

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Epic Drops App Store Trade Libel Claims Against Google

By Carla Baranauckas

Video game and software developer Epic Games Inc. is dropping its trade libel case accusing Google LLC of making claims about its apps and store on Android devices, following a settlement between the tech giants.

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Calif. Tribe Looks To Nix Suits Against $700M Casino Approval

By Crystal Owens

A California tribe is asking a D.C. federal court to dismiss three challenges to a U.S. Department of the Interior decision to place 160 acres into trust for its $700 million hotel and casino project, arguing that the consequences of denying its intervention in the litigation would be "grave and severe."

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POLICY & REGULATION

Cox-Verizon Retrans Spat Shows Reform Needed, Org. Says

By Nadia Dreid

Congress needs to step in and do something about big broadcasters holding television stations "for ransom" every year in order to extract insanely high retransmission consent fees from cable and satellite companies, says a group dedicated to bringing those fees down.

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PEOPLE

Freshfields Brings On DOJ Antitrust Leader In San Francisco

By Emily Johnson

Freshfields LLP announced Monday that it has brought on the former deputy assistant attorney general for criminal enforcement in the U.S. Department of Justice's Antitrust Division to the firm's San Francisco office.

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EXPERT ANALYSIS

Opinion

Horizontal Stare Decisis Should Not Be Casually Discarded

Eliminating the so-called law of the circuit doctrine — as recently proposed by a Fifth Circuit judge, echoing Justice Neil Gorsuch’s concurrence in Loper Bright — would undermine public confidence in the judiciary’s independence and create costly uncertainty for litigants, says Lawrence Bluestone at Genova Burns.

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Series

The Law Firm Merger Diaries: Getting The Message Across

Communications and brand strategy during a law firm merger represent a crucial thread that runs through every stage of a combination and should include clear messaging, leverage modern marketing tools and embrace the chance to evolve, says Ashley Horne at Womble Bond.

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LEGAL INDUSTRY

US Lawyer Numbers Surge With Hefty 2024 Graduating Class

By Tracey Read

The number of U.S. lawyers showed marked growth for the first time since 2020, due to a 2024 graduating class that was nearly 12% larger than any other class since 2012, a study from the American Bar Association released Monday showed.

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Habba Resigns As Acting US Atty After DQ Ruling At 3rd Circ.

By Jake Maher

Alina Habba stepped down Monday as acting U.S. attorney for New Jersey following a Third Circuit ruling that she was unlawfully appointed to the position, with the U.S. Department of Justice unveiling that a trio of officials will take on her responsibilities.

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Ex-Josh Cellars President Fights Gibson Dunn Withdrawal Bid

By Elliot Weld

The former president of the company behind the Josh Cellars wine brand disputed Gibson Dunn & Crutcher LLP's version of events around his allegedly unpaid legal bills, saying he has questions about the reasonableness of the firm's charges, which must be arbitrated per his contract with the firm.

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Carlton Fields Steps Aside In 'Irreconcilable' Miss America Case

By Emily Johnson

A Florida federal judge allowed Carlton Fields and its attorneys on Monday to withdraw from representing the plaintiffs in a dispute over the ownership of the Miss America pageant, after the firm said "irreconcilable differences" drew it to ask to step down.

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Jury Expert Sues Atty For 'Pirating' Her Jan. 6 Venue Report

By Matt Perez

A New Hampshire defense attorney representing a defendant charged for crimes related to the storming of the U.S. Capitol on Jan. 6, 2021, has been sued in D.C. federal court for allegedly stealing a copyrighted study analyzing attitudes in the jury pool of the District of Columbia.

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Litigation Funder Says Attys Hid Deal To Evade $1.5M Payout

By Christine DeRosa

A Florida-based litigation funder has sued two California attorneys and a law firm, alleging they secretly settled a client's civil dispute and steered the money so they wouldn't have to repay over $1.5 million.

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Analysis

What To Do When Jurors Don't 'Trust The Science'

By Chris Villani

The pandemic and initiatives from the second administration of President Donald Trump challenging decades of established scientific norms have made science more politicized, and attorneys say picking a jury and presenting scientific evidence is increasingly challenging.

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Brief

Senators Kelly, Slotkin Set Up Legal Defense Funds

By Courtney Bublé

After appearing in a video encouraging members of the military and intelligence community to not follow illegal orders, Sens. Mark Kelly, D-Ariz., and Elissa Slotkin, D-Mich., have established legal defense funds.

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Defense Bill Includes Protections For Retired Justices

By Courtney Bublé

The National Defense Authorization Act for fiscal 2026 released Sunday night extends U.S. Supreme Court police protection for retired and former justices and their immediate family members.

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Catching Up With Delaware's Chancery Court

By Jarek Rutz

The Delaware Chancery Court delivered a busy first week of December, featuring commercial disputes, post-closing merger and acquisition battles and renewed scrutiny of fiduciary conduct ranging from oil and gas investments to healthcare acquisitions. 

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LAW FIRMS IN TODAY'S NEWS

Alston & Bird

ArentFox Schiff

Benesch

Cahill Gordon

Carlton Fields

Chasan Lamparello

Cheshire Parker

Clarick Gueron

Cleary Gottlieb

Cohen Milstein

Cravath Swaine

Debevoise & Plimpton

Duncan Firm

Freshfields

Genova Burns

Gibson Dunn

Grealish & McZeal

Herrera Arellano

Holland & Knight

Ivey Barnum

Jones Day

Kaplan Kenegos

Kaplan Kirsch

Keker Van Nest & Peters

Kluger Kaplan

Laredo & Smith

Latham & Watkins

Milberg Coleman

Miller Law Group PLLC

Morris Duffy

Nelson Mullins

Peebles Bergin

Perkins Coie

Robinson & Cole

Sheppard Mullin

Shumaker Loop

Sidley Austin

Skadden Arps

Wachtell Lipton

Wilkinson Stekloff

Winston & Strawn

Womble Bond

COMPANIES IN TODAY'S NEWS

7-Eleven Inc.

AMC Entertainment Holdings Inc.

American Bar Association

Apollo Global Management LLC

Bauer Inc.

CBS Interactive Inc.

Cable News Network Inc.

Chevron Corp.

Citigroup Inc.

Comcast Corp.

Cox Media Group Inc.

Elliott Investment Management LP

Epic Games Inc.

Gallup Inc.

GameStop Corp.

Google LLC

Home Box Office Inc.

IDT Corporation

ITG Brands LLC

Kellanova Co.

Kellogg Co.

LinkedIn Corp.

Lux Research Inc.

Mars Inc.

Medline Industries Inc.

NASCAR Digital Media LLC

NBCUniversal Media LLC

National Association for Law Placement Inc.

National Collegiate Athletic Association

Netflix Inc.

Pilot Inc.

Protect Democracy Project Inc.

R.J. Reynolds Tobacco Co. Inc.

RealPage Inc.

Reddit Inc.

Samsung Electronics Co. Ltd.

Sears Hometown and Outlet Stores Inc.

Seven & i Holdings Co. Ltd.

Skydance Media LLC

Smart & Final Stores Inc.

Stanford University

Starbucks Corp.

Straight Path Communications Inc.

StreetEasy Inc.

Sunoco LP

The Gatorade Company Inc.

Twitter Inc.

Ultimate Fighting Championship Ltd.

Verizon Communications Inc.

WK Kellogg Co

Warner Bros. Discovery Inc.

Warner Bros. Entertainment Inc.

Writers Guild of America East

GOVERNMENT AGENCIES IN TODAY'S NEWS

Central Intelligence Agency

Delaware Court of Chancery

European Commission

European Union

Federal Bureau of Investigation

Federal Communications Commission

Federal Reserve System

Federal Trade Commission

Food and Drug Administration

New York Attorney General's Office

U.S. Attorney's Office

U.S. Attorney's Office for the District of New Jersey

U.S. Attorney's Office for the Northern District of California

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Second Circuit

U.S. Department of Commerce

U.S. Department of Defense

U.S. Department of Justice

U.S. Department of Labor

U.S. Department of the Interior

U.S. District Court for the Central District of California

U.S. District Court for the District of Columbia

U.S. District Court for the District of Connecticut

U.S. District Court for the District of New Jersey

U.S. District Court for the Eastern District of Virginia

U.S. District Court for the Northern District of California

U.S. District Court for the Northern District of New York

U.S. District Court for the Southern District of Florida

U.S. District Court for the Southern District of New York

U.S. Environmental Protection Agency

U.S. Senate

U.S. Supreme Court

U.S. Tax Court

United Auburn Indian Community

Yocha Dehe Wintun Nation