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Corporate
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February 10, 2025
Apple Pushes DC Circ. To Pause Google Search Case
Apple told the D.C. Circuit on Monday it did not become clear that it needs to intervene in the government's search monopolization case against Google until enforcers proposed remedies that affected Apple's conduct too.
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February 10, 2025
Harassment Suit Against Fox Sports, Hosts Sent To Fed Court
The lawsuit accusing Fox Sports executives and on-air hosts of sexual harassment and creating a toxic workplace environment has been moved from California state court to federal court, where the two sides were told to attempt alternative dispute resolution.
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February 10, 2025
Aerospace Co. Seeks To Toss Ex-Exec's Amended Claims
A Garden State-based aerospace company is asking a federal judge to dismiss with prejudice the second amended counterclaims by its ex-president and his new business in a trade secrets case, according to court filings.
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February 10, 2025
Tesla Seeks Chancery Toss Of Challenge Over Texas Move
Delaware's chancellor said Monday she would issue a "short" letter reply to calls for dismissal of a stockholder claim that Tesla Inc. failed to secure a required supermajority vote to move its charter to Texas, following arguments that the court recently approved a simple majority vote in a similar case.
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February 10, 2025
Trump Buyout Plan Still On Hold As Unions Cite 'Confusion'
A Boston federal judge on Monday extended his hold on President Donald Trump's federal worker buyout program as he weighs a request from unions to block the so-called Fork Directive, which promises months of pay to government employees who resign their posts.
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February 10, 2025
Former Palm GC's Racial Bias Claim Should End, Judge Says
A New York federal judge has recommended dismissing a race discrimination claim brought by an ex-general counsel for The Palm steakhouse chain's owner while allowing her retaliation and breach of contract claims to proceed to arbitration, concluding that the company's onetime top lawyer had not shown the restaurant had "discriminatory intent."
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February 10, 2025
Ex-SEC Atty's Bias Case Not Holding, Despite Deal Talks
A Pennsylvania federal judge refused Friday to delay the upcoming trial in a lawsuit filed by a former U.S. Securities and Exchange Commission lawyer who sued the agency for racial and age discrimination, despite a letter to the court saying that the parties are making progress toward a settlement.
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February 10, 2025
Lexitas Selling Registered Agent Unit To Dutch Co. For $415M
Austin, Texas-based legal services provider Lexitas said Monday that it has agreed to sell its Registered Agent Solutions Inc. unit to Dutch information services company Wolters Kluwer Financial & Corporate Compliance for approximately $415 million in cash.
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February 10, 2025
DC Judge Won't Stop Shein's Copyright Takedowns On Temu
A D.C. federal judge declined to block fast fashion giant Shein from inundating rival online retailer Temu with copyright takedown requests, finding Temu's claimed injury was economic and thus not irreparable.
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February 10, 2025
Verizon Escapes Workers' Suit Over Lead-Covered Cables
A Pennsylvania federal judge threw out a lawsuit filed on behalf of utility workers alleging Verizon endangered them by failing to properly dispose of lead-covered cables on telephone poles, ruling that allegations of suffering common ailments were not enough to support a class action.
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February 10, 2025
Investor Urges US Steel To Dump Deal After Trump Comments
Activist investor Ancora Holdings Group on Monday urged U.S. Steel to abandon its proposed $14.9 billion merger with Japan's Nippon Steel, stating that the deal has "no chance of being resurrected" in light of statements made by President Donald Trump on Friday.
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February 10, 2025
Trump Admin. Violating Order To Unfreeze Funds, Judge Says
A Rhode Island federal judge ruled Monday the Trump administration is not complying with the court's temporary restraining order barring a freeze on funding for federal grants and programs, ordering the administration to immediately restore the frozen funds.
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February 10, 2025
2nd Circ. Backs UBS In Retaliation Case That Justices Revived
A split Second Circuit panel sided Monday with UBS in a whistleblower case that a fired worker managed to get the U.S. Supreme Court to revive, ruling that the jury instructions that preceded the worker's trial court win were too unclear to let his victory stand.
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February 10, 2025
'Stand Down': CFPB's Acting Chief Pulls Employees Off Job
The Trump administration's acting Consumer Financial Protection Bureau Director Russell Vought told agency staff Monday to "stand down" from doing any work, the latest in a series of rapid-fire moves that are sidelining the agency and prompting employees to sue.
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February 09, 2025
CFPB Suspends Activity, Closes HQ As New Chief Arrives
The Trump administration escalated efforts over the weekend to power down the Consumer Financial Protection Bureau, canceling the agency's next funding draw, suspending its examination activity and ordering a closure of its main office.
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February 07, 2025
2nd Circ. Orders In-House Counsel Docs In Grand Jury Case
The Second Circuit on Friday ruled that an in-house attorney for a publicly traded company under federal investigation in New York must turn over communications as part of a grand jury investigation under the crime-fraud exception to attorney-client privilege.
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February 07, 2025
Trump Isn't Obeying Order To Unfreeze Funds, States Say
The Trump administration is not complying with a temporary restraining order barring a freeze on funding for federal grant and aid programs, a coalition of states told a Rhode Island federal judge Friday, asking the court to enforce its order and to enter a stiffer injunction blocking the funding freeze.
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February 07, 2025
Real Estate Recap: Evolving CRE Finance, Tariffs, PFAS
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including how modern commercial real estate financing has changed the way real estate lawyers practice, as well as insights from Big Law attorneys on two major topics of 2025: tariffs and polyfluoroalkyl substances, a.k.a. "forever chemicals."
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February 07, 2025
Chancery Tosses $3.4B Hertz Stock Warrant Redemption Suit
Delaware's Court of Chancery dismissed a suit Friday filed by two Hertz institutional investors accusing the company of relying on an impermissible reinterpretation of a warrant agreement to reject a redemption demand purportedly triggered by the company's post-Chapter 11 recapitalization, finding the plaintiffs' interpretation of the agreement leads to "absurd results."
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February 07, 2025
Apple Drops Suit Over Leaks To Press As Engineer Apologizes
A California judge on Thursday granted Apple's request to drop a lawsuit against a former employee who allegedly leaked sensitive company information to journalists and others, the same day the software engineer issued a public apology for his "profound and expensive mistake."
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February 07, 2025
Nippon-US Steel Merger Targeted By Consumers In Calif.
A group of consumers has asked a California federal court to prohibit Japan's Nippon Steel Corp. from acquiring U.S. Steel Corp. in their proposed $14.9 billion mega-merger, filing suit just days before President Donald Trump suggested that the deal was being called off.
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February 07, 2025
DOJ Tells DC Circ. Not To Delay Google Search Fix For Apple
The U.S. Department of Justice and state enforcers told the D.C. Circuit Friday that the remedies phase of the search monopolization case against Google is too important to wait while Apple appeals a ruling denying its last minute bid to intervene in the case.
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February 07, 2025
Kroger Chain Says Strike Is Bid To Force 'Multi-Union' Talks
The Kroger-owned grocery chain King Soopers sued the union representing Colorado workers on Friday in federal court, alleging strikes at King Soopers stores in the state are a pressure tactic to "force multi-union bargaining" on the company and other employers.
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February 07, 2025
Maxeon Investors Push To Keep Exchange Act Suit Alive
The lead plaintiff in a proposed class action against Maxeon Solar Technologies Ltd. urged a California federal judge to reject the company's bid to escape the suit as well as its "fanciful" explanations for a two-day stock plunge that harmed shareholders.
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February 07, 2025
SafeMoon CEO Says Crypto Policy Shifts Warrant Trial Delay
The crypto executive behind the alleged SafeMoon fraud is fighting to delay his trial by a month in the hopes that a new approach to cryptocurrency by the Trump administration could ax the securities fraud charge from the counts against him.
Expert Analysis
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What Day 1 Bondi Memos Mean For Corporate Compliance
After Attorney General Pam Bondi’s flurry of memos last week declaring new enforcement priorities on issues ranging from foreign bribery to diversity initiatives, companies must base their compliance programs on an understanding of their own core values and principles, says Hui Chen at CDE Advisors.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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Steel Cases Test Executive Authority, Judicial Scope
Lawsuits challenging former President Joe Biden’s order blocking the merger of Japan's Nippon Steel and U.S. Steel may shape how future administrations wield presidential authority over foreign investment in the name of national security, says Hdeel Abdelhady at MassPoint Legal.
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5 Things For Private Employers To Do After Trump's DEI Order
Following President Donald Trump's recent executive order pushing the private sector to narrow, and even end, diversity, equity and inclusion initiatives, employers should ensure DEI efforts align with their organization's mission and goals, are legally compliant, and are effectively communicated to stakeholders, say attorneys at Mintz.
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3 Ways Trump Can Nix SEC's Climate Disclosure Rules
Given President Donald Trump's campaign statements and agency appointments, it's likely that his administration will try to annul the U.S. Securities and Exchange Commission's climate disclosure rules, but his options for doing so present unique opportunities and challenges, with varying levels of permanence and impact, say attorneys at DLA Piper.
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Del. Ruling Further Narrows Scope Of 'Bump-Up' Exclusion
The recent Delaware Superior Court ruling in Harman International v. Illinois National Insurance offers a critical framework for interpreting bump-up exclusions in management liability insurance policies, and follows the case law trend of narrow interpretation of such exclusions, says Simone Haugen at Tressler.
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Will 4th Time Be A Charm For NY's 21st Century Antitrust Act?
New York's recently introduced 21st Century Antitrust Act would change the landscape of antitrust enforcement in the state and probably result in a sharp increase in claims — but first, the bill needs to gain traction after three aborted attempts, says Tyler Ross at Shinder Cantor.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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Foreign Trade Zones Can Help Cos. With Tariff Exposure
Companies navigating shifts in global trade — like the Trump administration’s newly levied tariffs on Chinese goods — should consider whether the U.S. Department of Commerce's poorly understood foreign trade zone program could help reduce their import costs, says James Grogan at FTI Consulting.
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How FTC Consumer Protection May Fare Under Reg Freeze
Attorneys at Crowell & Moring consider how President Donald Trump's executive order directing agencies to freeze all pending rulemaking activity may frustrate any Federal Trade Commission efforts to change or eliminate rules that made it across the finish line before the inauguration.
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Critical Steps For Navigating Intensified OFAC Enforcement
The largely overlooked SkyGeek settlement from the end of 2024 heralds the arrival of the Office of Foreign Assets Control's long anticipated enhanced enforcement posture and clearly demonstrates the sanctions-compliance benefits of immediately responding to blocked payments, says Jeremy Paner at Hughes Hubbard.
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Expect Scrutiny Of Banks To Persist, Even Under Trump
Although the change in administrations brings some measure of uncertainty as to the nature of bank compliance oversight, if regulators in Washington, D.C., attempt to dilute the vigilance of federal superintendence, the states are waiting in the wings to fill the void, say attorneys at Polsinelli.
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The Post-Macquarie Securities Fraud-By-Omission Landscape
While the U.S. Supreme Court's 2024 opinion in Macquarie v. Moab distinguished inactionable "pure omissions" from actionable "half-truths," the line between the two concepts in practice is still unclear, presenting challenges for lower courts parsing statements that often fall within the gray area of "misleading by omission," say attorneys at Katten.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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Unpacking The Legal Foundation Of Trump's New Trade War
President Donald Trump's recent executive orders and proclamations regarding emergencies at the U.S. border are based on statutory powers enabling a president to address extraordinary external threats — and could be used to fend off legal challenges to the tariffs levied on Mexican and Canadian goods, says Chris Zona at Mandelbaum Barrett.