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Corporate
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March 26, 2025
Standard General's $4.6B Bally's Buy Draws Del. Court Suit
Hedge fund Standard General LP and its founder Soohyung Kim pulled the strings on Bally's Corp.'s $4.6 billion sale, grabbed control of the post-transaction entity and ultimately hurt stockholders, investors claim in a proposed class action filed Monday in Delaware Chancery Court.
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March 26, 2025
Atty's Falsehoods In Key Docs Aided $23M Fraud, Suit Says
A pair of investment funds and two investors have hit a lawyer with professional malpractice and misrepresentation claims in Illinois federal court, accusing him of making false statements in solicitation documents to help their since-convicted managing member carry out a $23 million fraud.
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March 26, 2025
USPTO Director To Take Lead In Considering PTAB Denials
Citing the Patent Trial and Appeal Board's "workload needs," the acting director of the U.S. Patent and Trademark Office announced Wednesday that she will make decisions on whether every petition challenging a patent should be denied for discretionary reasons before the board considers the merits.
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March 26, 2025
Mars Risk Exec Caught With Hand In Cookie Jar, Feds Allege
A former Mars Inc. subsidiary global price risk manager pled not guilty in Connecticut federal court Wednesday to multiple criminal charges alleging that he defrauded his employer out of more than $28 million to fund his lifestyle, including a $2.3 million Greenwich home and a ranch in Argentina.
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March 26, 2025
Apple Cites Amazon Ruling To Toss Web App Antitrust Suit
Apple is hoping the Ninth Circuit will allow it to wash its hands of a proposed antitrust class action accusing it of preventing iPhones from running web-based apps for the same reason the court just refused to revive a consumer antitrust action over Amazon's fulfillment service, according to a recent filing.
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March 26, 2025
Baker McKenzie Partner Joins DOJ Antitrust Leadership Team
The new head of antitrust enforcement at the U.S. Department of Justice has landed a Baker McKenzie partner for her leadership team who previously worked in the office during the administration of Barack Obama.
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March 26, 2025
3 Firms Guide Nuclear Power Startup's $925M SPAC Merger
Nuclear power developer Terrestrial Energy Inc. plans to go public by merging with special purpose acquisition company HCM II Acquisition Corp. at a $925 million equity value under guidance from three law firms, both parties announced Wednesday.
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March 26, 2025
Par Funding's Ex-CEO Gets 15½ Years For Racketeering, Fraud
Par Funding ex-CEO Joseph LaForte was sentenced to 15½ years in prison Wednesday for his role in running a $404 million racketeering conspiracy that prosecutors said involved him bilking the cash advance business's investors and threatening its borrowers with violence if they didn't pay up.
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March 26, 2025
Trump Pick To Lead EPA Attys Grilled In Senate On Experience
President Donald Trump's pick to lead the U.S. Environmental Protection Agency's legal division came under intense scrutiny Wednesday as Senate Democrats questioned his legal experience and his relationship with a senior member of Trump's personnel team.
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March 26, 2025
Big Oil Cos. Must Face Tribal Climate Suits In State Court
A pair of lawsuits by Washington tribes alleging Exxon Mobil, BP, Shell, Chevron, ConocoPhillips and Phillips 66 deceived consumers about the climate impacts of burning fossil fuels belong in state court, a federal judge said Wednesday, handing the tribes a win in their venue dispute with the Big Oil companies.
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March 26, 2025
Copyright Claims Against Anthropic Over Lyrics Axed For Now
A California federal judge on Wednesday dealt a blow to several music publishers that have accused artificial intelligence company Anthropic of ripping off lyrics in developing its large language model Claude, dismissing some copyright claims less than a day after denying a request to prohibit Anthropic from using their content for training.
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March 26, 2025
Del. Justices Back Axing Suit Over $3B AstraZeneca Viela Sale
The Delaware Supreme Court on Wednesday upheld without elaboration the dismissal of a Court of Chancery lawsuit accusing AstraZeneca PLC of lining up a conflicted, underpriced $3 billion sale of clinical stage biopharmaceutical venture Viela Bio Inc.
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March 26, 2025
Susman Godfrey, Kelley Drye Attys Named FTC Deputies
Federal Trade Commission Chairman Andrew N. Ferguson further filled out his senior leadership Wednesday with the announcement of deputy directors for the bureaus of Competition and Consumer Protection, filled respectively by a Susman Godfrey LLP associate and a partner at Kelley Drye & Warren LLP.
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March 26, 2025
Judge Wants Mich. Supreme Court's Take On Daimler Contract
A Michigan federal judge has asked the state's Supreme Court to clear up whether a contract obligating a Daimler Truck subsidiary to purchase "1 part to 100%" of its needs for transmission parts from a seller is an enforceable contract under a 2023 Michigan Supreme Court opinion, noting state justices haven't addressed a conflict among Michigan appellate court rulings.
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March 26, 2025
Del. Justices Seek Reasons To Revive Raytheon Incentive Suit
Delaware's chief justice pressed a stockholder attorney Wednesday to provide more justification for resurrecting a Chancery Court suit claiming the company didn't seek stockholder approval for allegedly unfair changes to a multimillion-dollar RTX Corp. incentive plan.
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March 26, 2025
DOJ Can't DQ Judge In Perkins Coie Suit Over Trump Order
A D.C. federal judge on Wednesday shot down a demand from the U.S. Department of Justice that she step aside from Perkins Coie LLP's lawsuit against the federal government over President Donald Trump's executive order targeting the firm.
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March 26, 2025
Ex-CEO Says McGuireWoods Can't Rehash Immunity Appeal
McGuireWoods LLP and one of its former partners are rehashing immunity defenses in a last-ditch effort to dodge a long-running defamation case, the former CEO of a managed care organization told the North Carolina Court of Appeals in seeking to have the case kicked back down to the trial court.
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March 26, 2025
Ex-UBS North America CEO's $4.9M FBAR Deal Gets OK
The former North American CEO for Swiss bank UBS will pay a $4.9 million judgment under a deal approved by a Connecticut federal court Wednesday that resolves the U.S. government's suit alleging he willfully neglected to file foreign bank account reports with the IRS for a decade.
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March 26, 2025
Governor Quickly Signs Delaware Corporate Law Revision Bill
Delaware's governor has promptly signed into law closely watched legislation that has been described as an overhaul of the First State's corporation law.
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March 26, 2025
Ex-GE Exec Gets 7 Years For Fraud In $1B Angola Energy Deal
A Manhattan federal judge hit a former GE Power executive with seven years in prison Wednesday, after a jury convicted him of forgery and taking a $5 million kickback while working on a $1.1 billion deal in his native Angola.
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March 26, 2025
Dollar Tree Selling Family Dollar For $1B To PE Firms
Dollar Tree said Wednesday it has agreed to sell its Family Dollar business for just over $1 billion to two private equity firms, after the Davis Polk-guided discount retailer revealed strategic review plans to sell the cash-strapped unit in June.
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March 26, 2025
Morgan Lewis Welcomes Another Former SEC Atty
Morgan Lewis & Bockius LLP has added another former senior U.S. Securities and Exchange Commission attorney to its ranks, announcing Wednesday that a special counsel for the commission's Division of Corporation Finance has joined its Washington, D.C., office.
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March 25, 2025
Elliott Says Phillips 66 Aims To Thwart Its Proxy Contest
Elliott Investment Management on Tuesday accused Phillips 66 and its board of directors in Delaware Chancery Court of reducing the number of board seats up for election at the energy conglomerate's next annual shareholder meeting in order to thwart the hedge fund's impending proxy contest.
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March 25, 2025
Judge Eyes Late Discovery Dispute In Google Antitrust Case
A D.C. federal judge wondered Tuesday why an Android keyboard app developer waited until "the eleventh hour" to bring him several discovery disputes in its antitrust lawsuit against Google LLC, where it accuses the tech giant of making deals that prevent its product from being the pre-loaded default keyboard on a device.
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March 25, 2025
Ex-Masimo CEO Slams Bid To DQ His Hueston Hennigan Attys
Joe E. Kiani, founder and ex-CEO of Masimo Corp., has urged the Delaware Chancery Court to reject the medical technology company's bid to disqualify his attorneys from Hueston Hennigan LLP in its lawsuit over Kiani's quest for a $450 million payout, saying the request is being "weaponized for tactical gain."
Expert Analysis
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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How Trump 2.0 May Change Business In Latin America
Companies in Latin America should expect to face more trade restrictions, tighter economic sanctions and enhanced corruption risks, as the incoming administration shifts focus to certain non-U.S. actors, most notably China, says Matteson Ellis at Miller & Chevalier.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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Impact Of Successful Challenges To SEC's Rulemaking Ability
In 2024, the U.S. Securities and Exchange Commission faced significant legal challenges to its aggressive rulemaking agenda as several of its rules were vacated by the Fifth Circuit, which could hinder the SEC's ability to enact rules extending beyond express statutory authority in the future, say attorneys at Debevoise.
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Takeaways From DOJ, FTC End To Collaboration Guidelines
The Federal Trade Commission's and U.S. Department of Justice's recent decision to withdraw the guidelines for collaborations among competitors may reflect a desire for clearer parameters by emphasizing case law on specific ventures, but it also carries the potential to chill some future collaboration, say attorneys at Patterson Belknap.
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Religious Accommodation Lessons From $12.7M Vax Verdict
A Michigan federal jury’s recent $12.7 million verdict against Blue Cross Blue Shield of Michigan starkly reminds employers of the risks they face when assessing employees’ religious accommodation requests, highlighting pitfalls to avoid and raising the opportunity to consider best practices to follow, say attorneys at Williams & Connolly.
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A Look At PCAOB's Record-Breaking Enforcement In 2024
The Public Company Accounting Oversight Board in 2024 brought more enforcement actions against auditors and imposed increasingly higher monetary penalties, showing that it was not afraid to exercise its power to fine and reprimand firms, a trend that will likely continue in 2025, say attorneys at Briglia Hundley.
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Complying With Seasonal Product Labeling Requirements
Though the holiday season is in the rearview, many seasonal alcohol products remain in the market, and producers should ensure that their labels comply with the Alcohol and Tobacco Tax and Trade Bureau's additional requirements for such products, say attorneys at McDermott.
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Series
NY Banking Brief: All The Notable Legal Updates In Q4
In 2024's final quarter, the New York State Department of Financial Services published guidance on mitigating the rising cybersecurity risks of artificial intelligence and remote technology workers with North Korean ties, and the state attorney general launched an antitrust investigation into Capital One's proposed Discover merger, say attorneys at Haynes Boone.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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Opinion
Aviation Watch: How Court Nixed Boeing Plea Deal Over DEI
A Texas federal court's rejection of the plea agreement between the U.S. Department of Justice and Boeing over the 737 Max aircraft gratuitously injected the court's views on diversity, equity and inclusion into a case that shouldn't have been a criminal matter in the first place, says Alan Hoffman, a retired attorney and aviation expert.
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How To Manage During A Trade Dispute With USMCA Partners
Companies can try to minimize the potential impacts of future tariffs on Mexican and Canadian goods, and uncertainty about future trade relations, by evaluating supply chains, considering how they may be modified, and engaging with the new administration over exemptions and the upcoming review of the U.S.-Mexico-Canada Agreement, say attorneys at Holland & Knight.
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Reviewing The High Court's Approach To Free Speech Online
As the U.S. Supreme Court began addressing the interplay between the First Amendment and online social media platforms, its three opinions from last term show the justices adopting a nuanced approach that recognizes that private citizens, public employees and online platforms all have First Amendment rights, say attorneys at Jenner & Block.
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Series
In The CFPB Playbook: A Sprint To The Finish Line
The fourth quarter of 2024 was an impressive demonstration of the Consumer Financial Protection Bureau's ability to regulate, enforce and supervise, even on borrowed time following the election results, and we should expect the current bureau to run nonstop until Jan. 20, say attorneys at Covington.
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3 Factors Affecting Retail M&A Deals In 2025
Retailers considering mergers and acquisitions this year face an evolving antitrust environment, including a new administration under President-elect Donald Trump, revised merger guidelines and a precedent set last year by a canceled $8.5 billion handbag merger, say attorneys at DLA Piper.