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Corporate
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April 11, 2025
SEC Takes 'Small Step' On Corporate Crypto Disclosures
A U.S. Securities and Exchange Commission division has released a statement aimed at clarifying how federal securities laws apply to some offerings and registrations in cryptocurrency asset markets, which one commissioner called "a small step in identifying relevant disclosures."
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April 11, 2025
Prosecutors Seek 18 Years For Ex-CFO's 'Extreme' $40M Fraud
The former Detroit Riverfront Conservancy CFO who pled guilty to embezzling about $40 million from the nonprofit spent the money on a lavish lifestyle as part of a crime "borne out of avarice so extreme that it remains difficult to fully grasp," federal prosecutors said in recommending an 18-year prison sentence.
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April 11, 2025
GM Execs Want Out Of Cruise Securities Fraud Suit
General Motors executives told a Michigan federal judge that they don't belong in a securities fraud class action targeting GM's self-driving vehicle unit Cruise LLC after the lawsuit's scope was narrowed to focus on Cruise leaders' statements.
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April 11, 2025
2nd Circ. Tosses Mid-Case Appeal In Asbestos Coverage Row
A Second Circuit panel dismissed on Friday a mid-case appeal in a dispute over coverage for hundreds of asbestos-related lawsuits, saying that resolving certified questions, including whether an insurer must defend a suit that doesn't name its policyholder, won't substantially advance the litigation.
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April 11, 2025
Forever 21 Can't Tap Cash Collateral In Ch. 11, Creditors Say
The unsecured creditors committee in fast-fashion chain Forever 21's Chapter 11 has challenged the debtor's motion to use cash collateral, telling the Delaware bankruptcy court that the funding bid is part of a plan that would prejudice the group and leave the creditors with insufficient recoveries.
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April 11, 2025
Ex-Abercrombie CEO Declared Unfit For Trial Due To Dementia
New York federal prosecutors and lawyers for former Abercrombie & Fitch Co. CEO Michael Jeffries have determined he is suffering from dementia and is currently unfit to stand trial on sex trafficking charges, according to a court filing.
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April 11, 2025
GC Cheat Sheet: The Hottest Corporate News Of The Week
Former general counsel who signed an amicus brief in support of Perkins Coie's fight against the Trump administration shared with Law360 Pulse the details behind their decisions. Meanwhile, Florida's attorney general said the state will no longer tap law firms with DEI programs to serve as external counsel. These are some of the stories in corporate legal news you may have missed in the past week.
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April 11, 2025
Envestnet Sued For Docs On $4.5B Bain Capital Deal In Del.
A former trust investor in wealth and data management giant Envestnet Inc. sued in Delaware's Court of Chancery on Thursday for access to books and records on the company's $4.5 billion take-private deal with Bain Capital last year, citing concerns over both price and potential conflicts.
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April 10, 2025
Trump Floats Using Firms That Cut Deals For Trade Dealings
President Donald Trump said during a Cabinet meeting Thursday that he wants to use BigLaw firms that have reached deals with the White House to "help us out" with making trade deals, telling Cabinet members, "I have a lot of legal fees I can give to you people, and we may as well use them."
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April 10, 2025
9th Circ. Open To Sending Invisalign Antitrust Suit To Trial
Two Ninth Circuit judges appeared open on Thursday to reversing Align's summary judgment win against a pair of class actions accusing Invisalign of monopolizing the clear braces and teeth scanners market, with one judge saying there is a triable factual dispute and another judge doubting Align's interpretation of antitrust law.
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April 10, 2025
Ex-Ill. Bank Exec Charged With $2M Check-Kiting Scheme
A former Illinois regional bank executive faces federal charges that he defrauded his employer out of nearly $2 million in a check-kiting scheme that falsely inflated his personal account at the bank by depositing checks from other accounts with insufficient funds.
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April 10, 2025
Netchoice Wants New Calif. Online Marketplace Law Blocked
Big Tech trade group Netchoice LLC has asked a California federal court to block a new Golden State law requiring online marketplaces to collect information from third-party sellers and report those selling stolen goods, claiming the "onerous" measure will "impose unprecedented and unconstitutional burdens on widely used online services."
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April 10, 2025
7th Circ. Probes Muldrow's Impact On United Age Bias Battle
The Seventh Circuit grappled Thursday with whether the U.S. Supreme Court's landmark Muldrow decision meant it should revive a former United Airlines worker's age bias suit, pondering whether a negative performance review could be the basis for a valid discrimination case.
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April 10, 2025
BASF Accuses Duracell Of Stealing Lithium Battery Secrets
Duracell is being accused by chemical company BASF Corp. of stealing trade secrets about its lithium battery technology after gaining access to the information through a cooperation agreement, according to a lawsuit unsealed in Delaware federal court.
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April 10, 2025
Expedia Forced Restroom Spy Cam Victim To Quit, Suit Says
A former Expedia Inc. employee who was the victim of voyeurism via a bathroom spy camera at work alleges in a complaint filed in Washington state court that she was forced to resign after the company retaliated against her for wanting to work from home after the incident.
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April 10, 2025
Bakery Sellers Seek $2M Award From Buyer After Deal Sours
Three companies have hit a bakery investment firm with a lawsuit over its sale of a string of Koffee Kup bakeries in Northeastern states, saying in a Connecticut federal court brief that they are due $2 million under an arbitration award.
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April 10, 2025
SEC Urged To Look At FINRA's 'Unprecedented' Review Delay
Shareholders of Entrex Carbon Market Inc. have urged the U.S. Securities and Exchange Commission to review what they say is the Financial Industry Regulatory Authority's harmful failure to act on the carbon offset trading platform's requests for a name change and approval of stock splits.
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April 10, 2025
Oracle Wins Bid To Keep Trade Secret Case Out Of Arbitration
Oracle doesn't have to arbitrate its trade secret case against a former employee accused of absconding to a rival with confidential information related to enterprise resource planning applications, after a California federal judge said Wednesday he signed a proprietary information contract that says such issues could be litigated in court.
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April 10, 2025
Trump Order Calls For Faster, More Flexible Defense Contracts
President Donald Trump has ordered the U.S. Department of Defense to prioritize commercial items and flexible acquisition authorities to speed up defense contracting, and review over-budget and lagging defense programs for potential cancellation.
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April 10, 2025
Chinese Tea Chain Serves Up IPO Plans In Rocky Market
Chinese teahouse company Chagee Holdings Ltd., represented by Davis Polk & Wardwell LLP and underwriters' counsel Cleary Gottlieb Steen & Hamilton LLP, on Thursday unveiled plans for an estimated $396 million initial public offering, joining a volatile IPO market rocked by uncertainty over President Donald Trump's tariff policy.
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April 10, 2025
NY AG Calls For 'Common-Sense' Rules In Crypto Legislation
New York Attorney General Letitia James sent a letter to leaders of both chambers of Congress on Thursday urging them to ensure that any crypto legislation includes strong guardrails to protect consumers, national security and market stability.
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April 10, 2025
Binance A Crypto Laundering 'Get-Away Driver,' Suit Says
A group of cryptocurrency owners who said they were targeted by online thieves and ransomware have filed a proposed class action alleging the cryptocurrency exchange Binance ran a loose ship that provided the cybercriminals with a platform to launder and hide the stolen property.
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April 10, 2025
Amazon CEO, Bain Take Spotlight Amid Recent Rumors
Private equity firm Bain Capital agrees to purchase Sizzling Platter for $1 billion, SC Capital is eyeing British data center group Global Switch in a potential $5 billion deal, and Amazon CEO Andy Jassy addresses a rumored Amazon bid. Here, Law360 breaks down these and other rumor-related developments from the past week.
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April 10, 2025
Trump's Int'l Trade Pick Says Tech Deals Sought In Tariff Talks
President Donald Trump could look to prioritize and coordinate tech investments with countries approaching the U.S. to strike a deal to avoid higher tariff rates currently suspended, Trump's pick to lead international trade at the U.S. Department of Commerce said Thursday.
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April 10, 2025
Judge Approves Sale Of Ex-Riverfront CFO's Detroit Bar
A former chief financial officer who pled guilty to stealing tens of millions of dollars from a Detroit nonprofit got a federal judge's approval Wednesday to sell his nightclub as he faces paying a $45.5 million restitution bill.
Expert Analysis
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5 Insurance Types For Mitigating Tariff-Related Trade Losses
The potential for significant trade-related losses as a result of increased tariffs may cause companies to consider which of their insurance policies, including marine, builders risk, trade credit, and directors and officers, could provide coverage to alleviate the financial impact, say attorneys at Pillsbury.
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Series
Florida Banking Brief: All The Notable Legal Updates In Q1
The first quarter of 2025 saw the Trump administration's crypto-forward approach permeate the banking industry, including Florida banking institutions, and a Fourth District Court of Appeal decision provide a new precedent for borrower/lender standing, say attorneys at Kozyak Tropin.
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Meta Case Brings Customer-Facing Statements Issue To Fore
Now that Facebook v. Amalgamated Bank has returned to California federal court after the U.S. Supreme Court in November found it improvidently granted certiorari, it will be worth watching whether customer-facing communications, such as Facebook's privacy policies, are found to be made in connection with the sale of a security, says Samuel Groner at Fried Frank.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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Home Depot Ruling Tolls Death Knell For 'Silent Cyber'
The Sixth Circuit's recent ruling that Home Depot's insurers did not have to cover costs from a data breach hammered one more nail in the coffin of silent cyber, where coverage is sought under standard property or commercial general liability policies that were not intended to insure cyberattack claims, say attorneys at Zelle.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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2 Del. Rulings Reinforce Proof Needed For Records Demands
Two recent Delaware Court of Chancery decisions involving Amazon and Paramount Global illustrate the significance of the credible basis standard on books and records requests, underscoring that stockholders seeking to investigate wrongdoing must come forward with actual evidence of misconduct — not mere allegations, say attorneys at Cleary.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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Key Takeaways From The 2025 Spring Antitrust Meeting
Leadership changes, shifting priorities and evolving enforcement tools dominated the conversation at the recent American Bar Association Spring Antitrust Meeting, as panelists explored competition policy under a second Trump administration, agency discretion under the 2023 merger guidelines and new frontiers in conduct enforcement, say attorneys at Freshfields.
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Tariffs And FCA Create Perfect Storm For Importers
The Trump administration's aggressive tariff policies pose a high risk to certain importation practices that are particularly likely to trigger False Claims Act enforcement, say attorneys at Jeffer Mangels.
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How Tariffs May Affect Proxy Contests This Season
While global tariffs imposed by the Trump administration will certainly chill at least some activity this proxy season, and make defending contests significantly easier, there will likely be many new activist investments once there is more economic certainty, meaning more proxy fights this fall, say attorneys at Sidley.
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Running A Compliant DEI Program After EEOC, DOJ Guidance
Following recent guidance from the U.S. Equal Employment Opportunity Commission and the U.S. Department of Justice that operationalized the Trump administration's focus on ending so-called illegal DEI, employers don't need to eliminate DEI programs, but they must ensure that protected characteristics are not considered in employment decisions, say attorneys at Holland & Knight.
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A Closer Look At New NYSE, Nasdaq Listing Rule Changes
The U.S. Securities and Exchange Commission has recently approved changes to the New York Stock Exchange's and the Nasdaq's listing rules on reverse stock splits, minimum share price requirements and required liquidity for initial listings, meaning listed companies facing delisting will have fewer means to regain compliance, say attorneys at Cahill Gordon.