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October 02, 2025
Del. Chancellor Advances Pruned $75B Activision Merger Suit
Delaware's chancellor kept in play late Thursday much of an Activision Blizzard stockholder suit challenging the company's $75.4 billion merger with Microsoft, rejecting multiple dismissal motions, approving others and writing that a "slimmed-down" version of the complaint can go forward — adding, "Game on."
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October 02, 2025
Feds Eye Partial Pretrial Ruling In Regeneron FCA Case
The government has urged a Massachusetts federal judge to rule that Regeneron Pharmaceuticals "naturally or foreseeably" caused providers to present false claims for its macular degeneration drug Eylea, arguing that it does not need to prove the tougher "but-for causation" standard for its theory of false certification.
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October 02, 2025
Bain Inside Trade Claims Advance In Del. Cerevel Sale Suit
Delaware's Court of Chancery on Thursday kept alive a pension funds suit alleging that private equity firm Bain Capital Investors LLC and others traded on inside information in the run-up to a secondary sale ahead of biopharmaceutical venture Cerevel Therapeutics Holdings Inc.'s $8.7 billion acquisition by AbbVie.
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October 02, 2025
FINRA Fines Broker-Dealer $1M On Lax-Surveillance Claims
The Financial Industry Regulatory Authority is requiring New Jersey-based broker-dealer Velocity Clearing LLC to hire an independent consultant and pay a $1 million fine to settle the regulator's claims that Velocity has failed to take reasonable measures to prevent manipulative trading.
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October 02, 2025
Zillow Seeks Info On Compass' Anywhere Deal In Antitrust Suit
Compass Inc. and Zillow Inc., which are battling each other in an antitrust case brought by Compass, have both asked a New York federal judge to rule on Zillow's bid to obtain documents related to Compass' $1.6 billion all-stock acquisition of Anywhere Real Estate Inc.
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October 02, 2025
No Pay Owed To Flooring Co.'s Fired CEO, 11th Circ. Says
The Eleventh Circuit won't revive a suit from the former CEO of flooring manufacturer Interface Inc. claiming he was bilked out of a severance package after allegedly going on a drunken tirade at a company function, ruling Thursday that the executive's appeal impermissibly tried to advance a new reading of his contract.
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October 02, 2025
Merrill Lynch Raid Suit Paused For FINRA Arbitration
A Georgia federal judge stayed Merrill Lynch's case alleging Dynasty Financial Partners, Charles Schwab and a dozen former employees conspired to start a new firm with Merrill's staff and confidential information one day after denying the company's bid for an injunction.
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October 02, 2025
NC Insurance Agent Ordered To Pay $1.7M In SEC Fraud Suit
The U.S. Securities and Exchange Commission Thursday was granted its request for over $1.7 million in disgorgement, interest and penalties to end its suit accusing a previously convicted North Carolina insurance agent and his company of defrauding seven investors out of over $1 million.
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October 02, 2025
Exec Says Beauty Co. Owes Her More After $1B L'Oreal Sale
A beauty brand that L'Oreal bought for around $1 billion plans to share less of the proceeds with its president than what she is owed, according to an anticipatory breach of contract suit filed in Connecticut state court.
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October 02, 2025
Many Cos. Not Ready For National Security Risks, Report Says
At least a third of U.S. companies aren't fully prepared to address key national security compliance risks they face, and the C-suite often isn't aligned with its in-house counsel as to who is primarily responsible for those efforts, according to a new survey from Eversheds Sutherland.
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October 02, 2025
National Security Vets, App-Devs Back Google In Epic Fight
A group of former national security officials and scholars is urging the U.S. Supreme Court to stay the district court injunction requiring Google to distribute third-party app stores and allow app developers to provide alternate payment links directly to users, saying the order creates serious national and cybersecurity risks.
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October 02, 2025
Vet Co. Buyers Win $8M Interest On Top Of $40M Award In Del.
A Delaware Superior Court judge has awarded buyers of what is now Veterinary Orthopedic Implants more than $8 million in prejudgment interest in a dispute over payouts still due after they won $40 million in a patent-related settlement, rejecting arguments the $8 million would amount to a double recovery.
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October 02, 2025
Agency Ex-Exec Says He Was Misled About CEO Agreement
A former executive at a company providing assistance to people with intellectual disabilities and autism claimed in a lawsuit that he was misled over whether he was officially promoted, even as the company held him out to state regulators and banks as the chief executive officer.
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October 02, 2025
Judge Nixes Pegasystems Shareholder Suits Over $2B Verdict
A Massachusetts state court has dismissed a pair of investor lawsuits against Pegasystems officials that had sought to hold them responsible for a $2 billion verdict in a trade secrets case, finding no evidence of bad faith on the part of the software company's board.
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October 02, 2025
Wis. Bill Seeks Awards For Tax Tip-Offs In Construction Biz
Wisconsin would authorize monetary awards for people who provide information to the state Department of Revenue about construction industry employers believed to be violating state tax laws under a bill introduced in the state Assembly.
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October 02, 2025
Meta, VideoLabs Resolve Video Tech Patent Dispute
Patent licensing business VideoLabs has agreed to end its case in Delaware federal court accusing Meta Platforms of infringing various patents related to video technology.
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October 01, 2025
FTC Halts Fraud Complaints, Spam Call Help Amid Shutdown
The Federal Trade Commission said Wednesday that none of its mechanisms for reporting fraud, including identity theft, will be available to consumers while the federal government is shut down, nor will the National Do Not Call Registry be operational for consumers or telemarketers.
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October 01, 2025
Tyson Inks $85M Deal To Exit Consumers' Pork Antitrust Suit
Pork consumers asked a Minnesota federal court Wednesday to greenlight an $85 million settlement resolving their claims against Tyson Foods Inc. in major antitrust litigation alleging pork producers conspired with data firm Agri Stats Inc. to inflate pork prices by limiting the supply in the U.S. market.
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October 01, 2025
SEC Gives Crypto Custody Nod To State Trust Companies
The U.S. Securities and Exchange Commission staff has assured registered investment advisers and certain fund issuers they won't risk an enforcement action by using state trust companies as cryptocurrency custodians in a move that some praised as widening access to more crypto-savvy custody options and others decried as an erosion of custody rules.
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October 01, 2025
Alphabet CLO Urges Europe To Clear Hurdles For AI
Kent Walker, president of global affairs and chief legal officer for Google and Alphabet, on Wednesday called on the European Union to do away with "regulatory complexity" as global competition in artificial intelligence intensifies, saying European businesses are finding regulation to be their biggest hurdle to investment in the bloc.
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October 01, 2025
Drone Maker Can't Arbitrate Minor's Suit Over Eye Injuries
A Texas federal judge on Tuesday rejected a motion to compel arbitration in a case brought by a minor who was legally blinded in one eye by a drone, finding that the minor had disavowed the arbitration agreement both when he was underage and when he turned 18.
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October 01, 2025
Economist Says Google's Ad Tech Fix Enough To Boost Rivals
Google's expert economics witness urged a Virginia federal judge Wednesday not to break up the search giant's advertising placement technology business, arguing the company's counterproposal would free up rivals without the "market reengineering" threatened by the Justice Department's proposed remedies.
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October 01, 2025
Squires Jumps Right Into Patent Eligibility Reform
U.S. Patent and Trademark Office Director John Squires used his first week at the agency to make bold statements about what should be eligible for patenting, with patent owners celebrating his support of diagnostics, crypto and machine learning technologies.
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October 01, 2025
Google Unit Flags China-Linked Cyberthreat To Legal Sector
The U.S. legal sector, as well as the software and tech industries, are being targeted by hackers with suspected ties to the Chinese government who use malware to creep into computer systems and maintain access to the targeted organizations, according to a warning issued by Google's Threat Intelligence Group.
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October 01, 2025
Quantum Can't Nix FTC Order Over $5.2B Natural Gas Deal
Quantum Energy Partners is not going to be allowed out from under a consent order it inked with the Federal Trade Commission that had allowed a $5.2 billion oil and gas deal with EQT Corp. to go through, the agency has announced.
Expert Analysis
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Managing Risks As State AGs Seek To Fill Enforcement Gap
Given an unprecedented surge in state attorney general activity resulting from significant shifts in federal enforcement priorities, companies must consider tailored strategies for navigating the ever-evolving risk landscape, say attorneys at Cozen O'Connor.
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A Deep Dive Into 14 Nixed Gensler-Era SEC Rule Proposals
The U.S. Securities and Exchange Commission last month formally withdrew 14 notices of proposed rulemaking, including several significant and widely criticized proposals that had been issued under former Chair Gary Gensler's leadership, signaling a clear and definitive shift away from the previous administration, say attorneys at Dechert.
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Series
Law School's Missed Lessons: Skillful Persuasion
In many ways, law school teaches us how to argue, but when the ultimate goal is to get your client what they want, being persuasive through preparation and humility is the more likely key to success, says Michael Friedland at Friedland Cianfrani.
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A Look At Trump 2.0 Antitrust Enforcement So Far
The first six months of President Donald Trump's second administration were marked by aggressive antitrust enforcement tempered by traditional structural remedies for mergers, but other unprecedented actions, like the firing of Federal Trade Commission Democrats, will likely stoke heated discussion ahead, says Richard Dagen at Axinn.
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Reform Partly Modernizes Small Biz Stock Gains Exclusion
Changes to the Internal Revenue Code in the One Big Beautiful Bill Act update the qualified small business stock gains exclusion to reflect inflation, but the regime would be more in line with current business realities if Congress had also made the exemption available to additional business structures, says Mark Parthemer at Glenmede.
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How Real Estate Funds Can Leverage Del. Statutory Trusts
Over the last two years, traditional real estate fund sponsors have begun to more frequently adopt Delaware Statutory Trust programs, which can help diversify capital-raising strategies and access to new sources of capital, among other benefits, say attorneys at Polsinelli.
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Litigation Inspiration: How To Respond After A Loss
Every litigator loses a case now and then, and the sting of that loss can become a medicine that strengthens or a poison that corrodes, depending on how the attorney responds, says Bennett Rawicki at Hilgers Graben.
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Tips For Cos. From California Climate Reporting FAQ
New guidance from the California Air Resources Board on how businesses must implement the state's sweeping climate reporting requirements should help companies assess their exposure, understand their disclosure obligations and begin documenting good-faith compliance efforts, says Thierry Montoya at Frost Brown.
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New Interpol Silver Notice Could Be Tool For Justice Or Abuse
Interpol has issued dozens of Silver Notices to trace and recover assets linked to criminal activity since January, and though the tool may disrupt organized crime and terrorist financing, attorneys must protect against the potential for corrupt misuse, say attorneys at Clark Hill and Arktouros.
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How NJ's Proposed Privacy Rules Could Reshape AI Data Use
Although not revolutionary, New Jersey's proposed privacy rules would create obligations around the management and processing of consumer personal data that will require careful planning before they can be successfully implemented, say attorneys at Norton Rose.
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Why SEC Abandoned Microcap Convertible Debt Crackdown
The U.S. Securities and Exchange Commission has recently dismissed several cases targeting microcap convertible debt lenders, a significant disavowal of what was a controversial enforcement initiative under the Biden administration and a message that the new administration will focus on clear fraud, say attorneys at O'Melveny.
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The Metamorphosis Of The Major Questions Doctrine
The so-called major questions doctrine arose as a counterweight to Chevron deference over the past few decades, but invocations of the doctrine have persisted in the year since Chevron was overturned, suggesting it still has a role to play in reining in agency overreach, say attorneys at Crowell & Moring.
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New PTAB Denial Processes Grow More And More Confusing
Guidance from the U.S. Patent and Trademark Office about the Patent Trial and Appeal Board's new workload management and discretionary denial processes has been murky and inconsistent, and has been further muddled by the acting director's seemingly contradictory decisions, say attorneys at Finnegan.
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Arguing The 8th Amendment For Reduction In FCA Penalties
While False Claims Act decisions lack consistency in how high the judgment-to-damages ratio in such cases can be before it becomes unconstitutional, defense counsel should cite the Eighth Amendment's excessive fines clause in pre-trial settlement negotiations, and seek penalty decreases in post-judgment motions and on appeal, says Scott Grubman at Chilivis Grubman.
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Business Takeaways Following CCPA Enforcement Actions
Advisories and recent enforcement activity by the California Privacy Protection Agency against Honda and Todd Snyder underscore the agency's enforcement interest in the intersection of data minimization and consumer rights, and could make it more challenging for a business to provide a streamlined consumer rights process, say attorneys at Covington.