Corporate

  • February 24, 2025

    Trump Media Seeks Shareholder Approval To Leave Delaware

    The owner of Donald Trump's social media platform plans to hold a shareholder vote in April asking investors whether it should move its legal address to Florida, potentially joining a growing number of companies reincorporating outside of Delaware.

  • February 24, 2025

    Moves To Change Del. Corporate Law Spark Pushback

    A public opposition campaign complete with website and street signs has surfaced to oppose corporation and bar-backed legislation that would overhaul Delaware stockholder litigation rights and fee awards, intensifying an already unprecedented political fight that broke out last year over corporate governance concessions.

  • February 24, 2025

    NLRB Stops Defending Job Protections For Members, Judges

    National Labor Relations Board prosecutors will no longer defend board members and judges against claims that their job protections are unconstitutional, the prosecutors told a Missouri federal judge, switching positions after the acting solicitor general stated that administrative law judges' job protections violate the U.S. Constitution.

  • February 24, 2025

    Atty Faces $190K Demand After Losing Malicious Litigation Trial

    A trio of Blank Rome LLP attorneys and an aviation company told a Pennsylvania federal court on Friday they are owed combined costs of nearly $200,000 from an attorney who lost a malicious litigation jury trial against them in December.

  • February 24, 2025

    Ex-Sheppard Mullin Media Atty Joins O'Melveny In Calif.

    An entertainment attorney with expertise representing stakeholders on all sides of deal negotiations has moved his practice recently to O'Melveny & Myers LLP's office in the Los Angeles area after more than six years with Sheppard Mullin Richter & Hampton LLP.

  • February 24, 2025

    SEC Corporate Finance Leader Joins Gibson Dunn in DC

    Gibson Dunn & Crutcher LLP has hired an attorney who has spent the majority of her professional career working with the U.S. Securities and Exchange Commission in several positions, the firm announced Monday.

  • February 24, 2025

    Skadden, Ropes & Gray Advising On 23andMe Buyout Bid

    The CEO of 23andMe has teamed up with private equity firm New Mountain Capital on an offer to purchase and take the genetic testing company private at an equity value of approximately $74.7 million, according to a filing with the U.S. Securities and Exchange Commission.

  • February 24, 2025

    Elizabeth Holmes Loses 9th Circ. Appeal Over Theranos Fraud

    A Ninth Circuit panel on Monday affirmed the criminal fraud convictions of former Theranos CEO Elizabeth Holmes and former Theranos executive Ramesh "Sunny" Balwani along with their respective 11-year and nearly 13-year prison sentences, rejecting arguments that the lower court made multiple evidentiary errors that unfairly swayed jurors.

  • February 24, 2025

    Supreme Court Skips Fee-Shifting, IP Web Scraping Questions

    The U.S. Supreme Court on Monday rejected petitions involving fee-shifting in copyright cases, whether judges or juries should decide what can be copyrighted, and if scraping public information online should be considered hacking under the Defend Trade Secrets Act when it is done by a computer.

  • February 24, 2025

    High Court Declines To Review Reach Of Trade Secrets Law

    The U.S. Supreme Court on Monday turned down a petition from a Chinese company asking it to review whether the Defend Trade Secrets Act of 2016 can apply extraterritorially.

  • February 22, 2025

    NY Judge Extends Block On DOGE's Treasury Access

    A New York federal judge on Friday barred Elon Musk's Department of Government Efficiency from accessing U.S. Treasury Department data, handing a win to 19 state attorneys general who claimed giving the new entity access to citizens' personal information posed a massive cybersecurity risk.

  • February 21, 2025

    Trump Blocked From Implementing Anti-DEI Orders, For Now

    A Maryland federal judge on Friday temporarily barred the Trump administration from implementing the bulk of his executive orders aiming to slash diversity, equity and inclusion programs in the public and private sectors, ruling that the orders are likely unconstitutionally vague and illegally restrict free speech.

  • February 21, 2025

    CFPB's Data Security In Spotlight After Agency Goes Dark

    The Consumer Financial Protection Bureau's de facto shutdown following the arrival of Elon Musk's Department of Government Efficiency is raising concerns that sensitive data inside the agency could be exposed or exploited. Experts say financial institutions should take note.

  • February 21, 2025

    FTC's Holyoak Has Her Eyes On DeepSeek

    Federal Trade Commission member Melissa Holyoak suggested Friday that DeepSeek, the Chinese artificial intelligence startup whose rise has roiled AI markets, could have competed unfairly if it really trained its model using ChatGPT in violation of OpenAI's policies, as has been suggested.

  • February 21, 2025

    Real Estate Recap: 'Park Ave' Effect, Federal Leases, Atty Hires

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including a fourth-quarter "Park Avenue Phenomenon" seen by top brokerages, industry reaction to the potential federal lease slimdown, and a senior analyst's projection for family office investment in commercial real estate.

  • February 21, 2025

    Wall Street Groups Back Rescinding Biden Crypto Guidance

    Wall Street's top lobbies are backing President Donald Trump's cryptocurrency agenda and have called for the recission of Biden-era federal banking policies and guidance that it says have "hindered" banks' ability to engage in the digital asset industry.

  • February 21, 2025

    CFPB Shutdown Means 'Irreparable Harm,' 23 State AGs Say

    Nearly two dozen attorneys general on Friday filed an amicus brief backing the union that represents Consumer Financial Protection Bureau workers in their lawsuit over the agency's shutdown, arguing they will suffer "several forms of irreparable harm" without a preliminary injunction.

  • February 21, 2025

    Apple Can Claw Back Mistakenly Produced Docs In Epic Fight

    A California federal magistrate judge said Friday that Apple can claw back two documents the tech giant said it accidentally produced during discovery for an antitrust suit brought by Epic Games, rejecting the game developer's assertion that Apple's bid was "opportunistic."

  • February 21, 2025

    Calif. Lawmakers Unveil 'Polluters Pay' Superfund Legislation

    A pair of California lawmakers on Friday introduced legislation that would require the biggest polluters to pitch in and put a portion of their profits toward climate-related disaster mitigation, a measure they said aims to relieve the burden on taxpayers in the wake of catastrophes such as wildfires.

  • February 21, 2025

    Judge Trims $40M Green Energy Co. Investor Suit

    A Tennessee federal judge won't toss a proposed class action claiming that a Chicago green energy outfit and its executives used false promises of extravagant returns to lure investors, but ruled two defendants can escape some of the suit's claims.

  • February 21, 2025

    Employment Authority: NLRB Acting GC's Memo Walk Back

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with a look at the acting National Labor Relations Board general counsel's recission of his predecessor's memorandums, experts' take on the U.S. Equal Employment Opportunity Commission's unprecedented move in dropping lawsuits alleging mistreatment of transgender and nonbinary employees and coverage on the Federal Aviation Administration's guidance about in-flight pumping breaks.

  • February 21, 2025

    Trump Says Tariffs Coming For Countries With DSTs

    President Donald Trump's administration will impose tariffs on countries with taxes that disproportionately affect American companies, such as digital services taxes, which mainly apply to tech giants, according to a memorandum released late Friday.

  • February 21, 2025

    Trump, NLRB Chairman Defend Wilcox's Removal As Lawful

    President Donald Trump told a D.C. federal judge Friday that former National Labor Relations Board member Gwynne Wilcox should not be reinstated, laying out his arguments for why a 90-year-old U.S. Supreme Court opinion does not apply to board members.

  • February 21, 2025

    Puma, Brooks End IP Fight Over 'Nitro' Running Shoes

    Puma and Brooks Sports have agreed to drop dueling intellectual property claims over "Nitro"-branded sole foam technology used by both athletic apparel retailers to market running shoes, according to a notice filed in federal court in Seattle on Friday.

  • February 21, 2025

    Watchdog Says DOL Struggles To Enforce Mental Health Law

    Workers with mental health conditions and substance use disorders are at higher risk of not receiving treatment or having to pay out of pocket for care that should be covered because of the U.S. Department of Labor's limited ability to enforce federal mental health parity laws, an agency watchdog said Friday.

Expert Analysis

  • Predictions For Trump Antitrust Enforcement Of Life Sciences

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    Key life sciences antitrust issues of the past two administrations may indicate the direction of enforcement during President-elect Donald Trump's second term, including in areas such as drug prices, killer acquisitions and merger remedies, say attorneys at Ropes & Gray.

  • From Football To Pickleball, Sports Investing Evolved In 2024

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    The NFL's decision to allow private-equity investments in football franchises capped off a transformative year in U.S. sports that also included landmark PE transactions in emerging sports ranging from women's soccer to pickleball, say attorneys at Weil.

  • Using Data To Inform Corporate Disclosure Decisions

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    With today’s market volatility and regulatory factors requiring public companies to confront competing transparency and protection demands, incorporating stock price reaction analysis of company-specific news into the controller's role could be beneficial for disclosure determinations, say Liz Dunshee at Fredrikson & Byron and Nessim Mezrahi at SAR.

  • Best Practices For AI Disclosures In Insurance Applications

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    As businesses integrate AI into their operations, insurers are starting to develop targeted questions to assess the associated risks, but ambiguities in the application forms can create challenges for businesses applying for insurance, say attorneys at Hunton.

  • How White Collar Attys Can Use Mythic Archetypes At Trial

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    A careful reading of a classic screenwriting guide shows that fairy tales and white collar trials actually have a lot in common, and defense attorneys would do well to tell a hero’s journey at trial, relying on universal character archetypes to connect with the jury, says Jack Sharman at Lightfoot Franklin.

  • How CFPB Rule Would Affect Data Brokers And Beyond

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    The Consumer Financial Protection Bureau recently proposed a rule that would not only expand data broker oversight by classifying many as consumer reporting agencies, but would also impose new limitations on companies seeking to obtain information from them, potentially requiring such entities to alter their business models, say attorneys at Orrick.

  • Firms Still Have The Edge In Lateral Hiring, But Buyer Beware

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    Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.

  • Reviewing 2024's State Consumer Privacy Law Enforcement

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    While we are still in the infancy of state consumer privacy laws, a review of enforcement activity this year suggests substantial overlaps in regulatory priorities across the most active states and gives insight into the likely paths of future enforcement, says Thomas Nolan at Quinn Emanuel.

  • Opinion

    Antitrust Posturing Against Algorithmic AI Should End

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    President-elect Donald Trump needs to rein in the federal government's antitrust crusade against algorithmic AI, sending the message that antitrust enforcement must be grounded in evidence and real harm, says attorney David Balto, a former Federal Trade Commission assistant director of policy and evaluation.

  • Risk Disclosure Issue Remains After Justices Nix Meta Case

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    After full briefing and argument, the U.S. Supreme Court recently dismissed Facebook v. Amalgamated Bank as improvidently granted, leaving courts with the tricky endeavor of determining when the failure to disclose a past event in an Item 105 risk disclosure is materially misleading, say attorneys at Lowenstein Sandler.

  • Think Like A Lawyer: 1 Type Of Case Complexity Stands Out

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    In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.

  • Netflix Dispute May Alter 'Source' In TM Fair-Use Analysis

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    ​The Ninth Circuit’s upcoming decision in Hara v. Netflix​, about what it means to be source-identifying​, could change how the Rogers defense protects expressive works that utilize trademarks in a creative fashion, says Sara Gold at Gold IP.

  • Back To The Future? Antitrust Enforcement Under Trump 2.0

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    While the transition to the second Trump administration's antitrust policy should be accompanied by less uncertainty, we're unlikely to get a full sense of the true focus and tenor of competition enforcement under Trump 2.0 before late next year, say attorneys at Simpson Thacher.

  • FTX Exec's Sentencing Shows Pros And Cons Of Cooperation

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    The sentencing of former FTX tech deputy Gary Wang, whose cooperation netted him a rare outcome of no prison time, offers critical takeaways for attorneys and clients navigating the burgeoning world of crypto-related prosecutions, says Andrew Meck at Whiteford.

  • Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity

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    Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.

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