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Corporate
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April 22, 2025
MoFo Adds Perkins Coie FDA Regulatory Leader In DC
Morrison Foerster LLP has hired a former Perkins Coie LLP leader who focuses his practice on a range of regulatory matters involving the U.S. Food and Drug Administration as its new head of food and regulatory, the firm announced Tuesday.
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April 22, 2025
Parker-Hannifin Workers Asked For Input On 401(k) Fund Case
Parker-Hannifin Corp. employees were asked Monday to respond to a petition seeking U.S. Supreme Court review of their recently revived 401(k) plan mismanagement allegations.
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April 22, 2025
Morgan Lewis Hires Ex-CFTC General Counsel
Robert A. Schwartz, the former general counsel of the U.S. Commodity Futures Trading Commission, has joined Morgan Lewis & Bockius LLP as a partner in its investment management practice, the firm announced Tuesday.
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April 22, 2025
Mayer Brown Taps Commerce Dept. Leader For Co-Chair Role
Mayer Brown LLP has nabbed the former assistant secretary for export administration at the Commerce Department's Bureau of Industry and Security, who in her new role will work alongside a colleague she's known personally and professionally for almost 25 years.
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April 21, 2025
CFPB Needs Only 200 Workers, Trump Admin Tells DC Circ.
The Trump administration has told the D.C. Circuit the Consumer Financial Protection Bureau only needs a staff of 200 to fulfill its duties, as the government seeks to resume layoffs at the agency after a federal judge halted the terminations for a second time.
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April 21, 2025
DOJ Pushes Chrome Sale To Solve Google Monopoly
The U.S. Department of Justice sought to shape the future of online search and artificial intelligence chatbots Monday with opening arguments pushing a D.C. federal judge to force Google to sell its Chrome browser and to "disrupt" the billions paid for default search engine status on iPhones, Firefox and more.
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April 21, 2025
Toyota Accused Of Illegally Selling Driver Data To Progressive
Toyota has for years been using tracking devices to collect drivers' driving habits and other personal information and selling the driver data to third parties like auto insurer Progressive without consent, a putative class action filed Monday in Texas federal court alleges.
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April 21, 2025
7th Circ. Gives Costco Slip-And-Fall Suit A Second Life
The Seventh Circuit on Monday revived a suit over a Costco customer's slip-and-fall, saying trial is warranted because a jury could find that surveillance video supports the claim that a spilled smoothie was on the floor for at least 28 minutes before the fall.
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April 21, 2025
Roblox Secretly Tracks Kids' Data, Parents Say
Roblox invades its users' privacy by surreptitiously intercepting communications and harvesting personal data without consent through tracking code on its gaming platform despite knowing that a large percentage of its user base is children under the age of 13, according to a proposed class action filed in California federal court.
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April 21, 2025
Trump Media Exec Seeks Penalties In 'Frivolous' Hacking Suit
A board director for President Donald Trump's social media company and his associate urged a Florida federal court to impose sanctions in a "frivolous" lawsuit alleging they hacked a cloud server to steal documents used to oust the former CEO, saying their accusers can't show what information was allegedly taken.
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April 21, 2025
X Loses Bid To Toss Data Scraper's Antitrust Counterclaims
A California federal judge has largely denied X Corp.'s bid to toss antitrust counterclaims data scraping firm Bright Data Ltd. lodged against the social media platform company, allowing Bright Data to proceed in accusing X of thwarting competition and monopolizing the United States' "public-square data" market.
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April 21, 2025
En Banc 9th Circ. Revives Shopify Data Privacy Fight
A split Ninth Circuit en banc panel Monday revived a proposed class action alleging Shopify violates privacy rights by embedding payment-processing code on merchant websites that surreptitiously tracks consumers' location and collects personal data, with a nearly unanimous majority finding the location-tracking allegations establish specific jurisdiction in the Golden State.
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April 21, 2025
Paramount Global, Stockholders Pause Skydance Doc Suit
Paramount Global and three pension fund stockholders have agreed to pause a suit seeking records on the entertainment giant's planned $8 billion merger with Skydance Media pending further negotiations or closing on the deal.
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April 21, 2025
FTC Accuses Uber Of Deceptive Subscription Practices
The Federal Trade Commission sued Uber on Monday, alleging the ride-hailing and delivery app charged consumers for its Uber One subscription service without their consent and made them "navigate a maze" to end the subscriptions while advertising that they can cancel anytime.
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April 21, 2025
EV Chipmaker Wolfspeed's Execs Sued For Overstated Growth
Executives and directors of North Carolina-based electric vehicle chip manufacturer Wolfspeed Inc. were hit with a derivative suit on Monday alleging they overstated the potential effects a fabrication facility would have on increasing Wolfspeed's revenue and output.
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April 21, 2025
DOL Tells 5th Circ. It May Rescind Biden-Era ESG Rule
The U.S. Department of Labor told the Fifth Circuit on Monday it's considering rescinding a Biden-era rule allowing retirement fiduciaries to consider issues like climate change and social justice when choosing investments, according to filings in a suit challenging the rule from conservative states and energy companies.
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April 21, 2025
Microchip Co. Wants USPTO To Apply New Rules Retroactively
A California company behind a new kind of energy-efficient microchip says it's retained a former U.S. Patent and Trademark Office director in order to make the case that the agency's new rules over discretionary denials should be retroactively extended by seven days, in order to wipe out a partially successful patent challenge from a Chinese rival.
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April 21, 2025
Ex-JPMorgan Worker's PAGA Claim May Be Arbitrated
A California judge indicated Monday she may send to arbitration a former JPMorgan Chase Bank worker's individual claim brought under the Private Attorneys General Act alleging the bank encouraged workers to perform off-the-clock work but failed to pay them accordingly, issuing a tentative order that would split off her representative claims and pause them.
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April 21, 2025
Academics Say FTC Firings Threaten Fed, Economic Stability
Law and economics professors have told a D.C. federal court that failing to reinstate the recently fired members of the Federal Trade Commission puts the independence of the Federal Reserve System at risk and threatens to hurt the economy.
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April 21, 2025
Taiwan Installs Tariff Relief Measures For Exporters
Certain Taiwanese businesses that export goods to the U.S. will have access to lower loan interest rates and waived exporter insurance fees if they can show they are heavily impacted by U.S. tariffs, Taiwan's Ministry of Finance said Monday.
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April 21, 2025
Ga. Tort Reform Bills Now Law With Gov. Kemp's Signature
Georgia Gov. Brian Kemp put the finishing touches on the state's first civil justice overhaul in two decades Monday, signing into law a pair of Republican-backed tort reform bills designed to tamp down plaintiffs' verdicts and impose new restrictions on third-party litigation funding.
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April 21, 2025
DOJ Defends Wage-Fixing Jury Win From Mistrial Bid
The U.S. Department of Justice is defending a key wage-fixing and fraud conviction of a Nevada nursing executive, hitting back at the executive's claims that it used privileged documents and communications to sway the jury during the three-week trial.
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April 21, 2025
Baker Botts Adds Enviro Ace From In-House Role In Houston
Baker Botts LLP announced Monday that it has added a partner in Houston who brings more than 25 years of environmental law experience, including more than a decade on the legal team at Koch Industries.
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April 21, 2025
Longtime ITC General Counsel Joins Polsinelli In DC
Polsinelli PC announced Monday that it has hired the former longtime general counsel of the U.S. International Trade Commission to bolster its practice group that advises clients about ITC rules and procedures.
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April 21, 2025
GenapSys Fights Paul Hastings Bid To Ax Malpractice Suit
GenapSys Inc. is pushing back on Paul Hastings LLP's motion for summary judgment in the legal malpractice suit the gene sequencing company filed, contending it was not required to disclose the legal malpractice suit to a bankruptcy court.
Expert Analysis
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Why Acquirers Should Reevaluate Federal Contract Risk
Long thought of as a stable investment, the scale with which the Trump administration is attempting to eliminate federal contracts is unprecedented, and acquirer considerations should include the size and scope of all active and pending government contracts of target companies, say attorneys at Winston & Strawn.
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Opinion
SEC Defense Bar Should Pursue Sanctions Flexibility Now
The U.S. Securities and Exchange Commission defense bar has an opening under the new administration to propose flexible, tailored sanctions that can substantially remediate misconduct and prevent future wrongdoing instead of onerous penalties, which could set sanctions precedent for years to come, says Josh Hess at BCLP.
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What To Know About Insurance Coverage For Greenwashing
As the number of public and private lawsuits relating to greenwashing dramatically grows, risk managers of companies making environmental claims should look to several types of insurance for coverage in the event of a suit, say attorneys at Hunton.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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White Collar Archetypes: Wrangling The Shape-Shifter
In white collar criminal trials, certain pieces of evidence can shape-shift in the jury’s eyes, presenting both challenges and opportunities for defense counsel, says Jack Sharman at Lightfoot Franklin.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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30 Years Later: How PSLRA Has Improved Securities Litigation
In the 30 years since the Private Securities Litigation Reform Act's passage, the statute has achieved its purpose of shifting securities class actions to investors most capable of monitoring the litigation, selecting competent counsel at competitive rates and maximizing recoveries for the investor classes they represent, say attorneys at Bernstein Litowitz.
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Terraform Case May Be Bellwether For Crypto Enforcement
The prosecution of crypto company Terraform Labs and its CEO, Do Kwon, offers a unique test of the line between lawful and unlawful conduct in digital transactions, and the Trump administration’s posture toward the case will provide clues about its cryptocurrency enforcement agenda in the years to come, say attorneys at Brooks Pierce.
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What's Next For Russia Sanctions After Task Force Disbanded
Attorney General Pam Bondi’s recent disbanding of Task Force KleptoCapture, which was initially aimed at seizing Russian oligarchs’ funds and assets, is unlikely to mean the end of Russia sanctions enforcement and other economic countermeasures, as the architecture for criminal enforcement remains in place, say attorneys at BakerHostetler.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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What Remedies Under New Admin's SEC Could Look Like
The U.S. Securities and Exchange Commission is likely to substantially narrow the remedies it pursues over the next few years, driven by the mounting challenges it faces in court, as well as the views of its incoming chair and fellow Republican commissioners on injunctions, penalties and disgorgement, say attorneys at Milbank.
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Opinion
DOJ's HPE-Juniper Challenge Is Not Rooted In Law
Legal precedents that date back as far as 1990 demonstrate that the U.S. Department of Justice's recent challenge to the proposed $14 billion merger between Hewlett Packard and Juniper is misplaced because no evidence of collusion or coordinated conduct exists, says Thomas Stratmann at George Mason University.
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Handbook Hot Topics: Back To Basics After Admin Change
Having an up-to-date employee handbook is more critical now than ever, given the recent change in administration, and employers should understand their benefits and risks, including how they can limit employers’ liability and help retain employers’ rights, say Kasey Cappellano and Meaghan Gandy at Kutak Rock.
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Potential Impacts Of IRS' $1M Affiliate Pay Deduction Cap
If finalized, a recent Internal Revenue Service proposal expanding Section 162(m) of the Internal Revenue Code to include the highly compensated employees of affiliates would make tracking which executives may be subject to the limit from year to year far more complex, say attorneys at Debevoise.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.