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September 05, 2025
IPO Market Gears Up For Late-Year Surge In New Listings
Initial public offerings appear poised for a surge to finish the year as the uncertainty surrounding President Donald Trump's sweeping tariff actions and geopolitical tensions has subsided, with experts saying that companies are getting more comfortable hitting the public markets.
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September 05, 2025
Taxation With Representation: Milbank, Wachtell, Latham
In this week's Taxation With Representation, aircraft lessor Air Lease Corp. agrees to a take-private deal, Evernorth Health Services invests billions in Shields Health Solutions, Cadence Design Systems Inc. acquires the design and engineering business of Hexagon AB, and Kraft Heinz Co. plans to split into two independent, publicly traded companies.
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September 05, 2025
8th Circ. Won't Revisit Crop Damage Arbitration Fight
The Eighth Circuit has ruled that the existence of arbitration agreements for some farmland owners, who are suing over depressed crop yields in the aftermath of an Alliance Pipeline project, does not amount to grounds for the appeals court to review a decision reviving proceedings.
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September 04, 2025
18 States Fight Trump Admin's Bid To End Haitian Protections
A coalition of 18 states led by Massachusetts, California and New York has thrown its weight behind immigrants challenging the Trump administration's effort to remove temporary protected status for more than 250,000 Haitians in D.C. federal court, arguing TPS-eligible Haitians contribute $4.4 billion annually to the U.S. economy.
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September 04, 2025
EPA Touts 'Ambitious' New Deregulatory Agenda
The U.S. Environmental Protection Agency on Thursday laid out its regulatory agenda for the coming months, and said it intends to revisit or roll back Biden-era initiatives in several areas, including water, climate change and chemical regulations.
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September 04, 2025
Wash. Justices Endorse Broad View Of Pay Transparency Law
Washington state's high court held in a 6-3 ruling Thursday that a job applicant may sue a prospective employer for violating a state law requiring job postings to include wage scales without proving they are a "bona fide" or "good faith" applicant, rejecting employers' bid to narrow that definition amid a wave of lawsuits.
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September 04, 2025
Monthly Merger Review Snapshot
The Justice Department settled a challenge to UnitedHealth's $3.3 billion home hospice acquisition while Democrats called for a judge to reject a different government settlement and the Federal Trade Commission moved against medical technologies transactions for heart valves and device coatings.
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September 04, 2025
5th Circ. Panel Presses NLRB Over 'Menu Of Remedies'
A Fifth Circuit judge pushed counsel for the National Labor Relations Board to explain why make-whole remedies should cover things like late fees on credit cards or child care costs, asking Thursday if the agency wished to put companies out of business.
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September 04, 2025
Beer, Wings, Patents: Tackling The Latest IP Football Fights
As this NFL season kicks off, a copyright fight stemming from the statue of a famed Detroit Lions player and a suit from a former New York Jets player over his portrayal in the sports documentary series "30 for 30" are brewing in the courts.
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September 03, 2025
Hemp Cos. Drop Challenge To Ark. Regulations
Hemp companies who challenged an Arkansas state law restricting hemp-derived intoxicating products are seeking to end their lawsuit, months after the Eighth Circuit dashed their efforts to temporarily block the statute's enforcement.
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September 03, 2025
9th Circ. Upholds Ruling Against Wash. Tribe's Fishing Claims
A Ninth Circuit panel Wednesday affirmed a lower court's ruling that determined a Washington tribe fell short of its evidentiary burden to establish that a 19th century treaty included its customary fishing grounds near the Puget Sound after vacating the dispute for further review last year.
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September 03, 2025
1st Circ. Doubts Eateries' Suit Over Outdoor Dining Limits
The First Circuit appeared unlikely on Wednesday to revive a suit on behalf of restaurant owners in Boston's North End over the city's restrictions on outdoor dining, repeatedly questioning the basis for the plaintiffs' retaliation claims.
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September 03, 2025
Patent Company Fights Baker Botts Atty's Bid To Trim Suit
A patent licensing company and its owner asked a Florida federal judge to reject a bid from a Baker Botts LLP attorney seeking to trim their defamation case, saying the motion was premature as discovery had not been completed.
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September 03, 2025
Northwestern Mutual Seeks $23M Tax Refund For Free Meals
Northwestern Mutual is seeking a refund of $23 million in taxes for on-campus lunches it provided to employees, telling a Wisconsin federal court that the IRS improperly denied the company an exclusion on taxable income for the meals.
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September 03, 2025
Nationwide Unit Needn't Cover Restaurateur In Fraud Disputes
The former co-manager of a defunct Colorado restaurant venture cannot get coverage for a suit alleging he defrauded a lender and a separate bankruptcy proceeding, a New York federal court ruled, finding a Nationwide unit has no duty to defend him under a policy issued to the entity he partnered with.
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September 03, 2025
Special Master Says Sherwin-Williams' Conduct Merits Fees
A special master has recommended that a Pennsylvania federal court require paint maker Sherwin-Williams to pay fines, including attorney fees, due to its "unreasonably aggressive litigation strategy" in a patent dispute with a rival.
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September 03, 2025
EPA Withdraws Slaughterhouse Water Pollution Rule
The U.S. Environmental Protection Agency on Wednesday withdrew a Biden-era proposal that would have imposed stricter water discharge regulations on meat and poultry slaughtering, processing and rendering facilities across the country.
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September 03, 2025
Stoel Rives Gets Pot Co. Fraud Case Sent To Arbitration
A California federal judge has sent a nonalcoholic cannabis beer company's claims alleging it was duped by Stoel Rives LLP and its clients into spending $2.2 million on an illicit business to arbitration, saying it can't escape a valid arbitration clause by refusing to participate.
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September 02, 2025
Overnight Oat Co. Exaggerates Protein Content, Suit Says
The Chicago-based maker of Mush Overnight Oats, which was featured on "Shark Tank," was hit with a proposed class action in California federal court by a woman who claims it overstates the protein amount consumers will get from eating its products.
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September 02, 2025
2nd Circ. Affirms Arizona Iced Tea's Audit Expense Coverage
Hanover Insurance Co. must cover the maker of Arizona Iced Tea for additional audit expenses from a power surge that erased years of financial data, the Second Circuit determined Tuesday, finding that delays and additional costs were directly traced to the surge and therefore covered.
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September 02, 2025
Mich. Judge Nixes 5-Hour Energy Rival's Antitrust Suit
A Michigan federal judge has tossed a lawsuit accusing 5-Hour Energy of blocking competitors from the market through deals to have its products displayed at checkout counters, finding a competitor failed to adequately allege antitrust injury.
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September 02, 2025
Longtime Frankfurt Kurnit Litigator Joins Proskauer In NY
Proskauer Rose LLP continues expanding its litigation team, announcing Tuesday it is bringing in a Frankfurt Kurnit Klein & Selz PC commercial litigator as a partner in its New York office.
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September 02, 2025
Sysco Keeps Trial Win In Motorcycle Accident Injury Suit
A Massachusetts appeals panel on Tuesday refused to order a new trial in a man's suit against Sysco Corp. and one of its drivers over a motorcycle accident that resulted in the loss of his leg, leaving in place a jury verdict clearing Sysco and putting the liability on another driver.
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September 02, 2025
Ex-Target Legal Chief To See $3M In 'Income Continuation' Pay
Target's former chief legal and compliance officer, who left the retailer in June after less than a year, is set to receive just over $3 million in "income continuation" payments, according to a securities filing Friday.
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September 02, 2025
Skadden, Paul Weiss Guiding Kraft Heinz On Strategic Split
The Kraft Heinz Co. announced a plan Tuesday to separate into two independent, publicly traded companies, in a strategic transaction guided by legal advisers Paul Weiss Rifkind Wharton & Garrison LLP and Skadden Arps Slate Meagher & Flom LLP.
Expert Analysis
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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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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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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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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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Top 10 Healthcare And Life Sciences Issues To Watch In 2025
Under the new Trump administration, this coming year may benefit some healthcare and life sciences stakeholders, while creating new challenges for others amid an increasingly complex regulatory environment, say attorneys at Debevoise.
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Why Trump's FTC May Not U-Turn On Robinson-Patman
The Federal Trade Commission's recent revival of Robinson-Patman Act enforcement may well be here to stay under the Trump administration — albeit with some important caveats for businesses caught in the government's crosshairs, say attorneys at Reed Smith.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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FDA's Red No. 3 Ban Reshapes Food Safety Legal Landscape
The U.S. Food and Drug Administration's recent ban on Red No. 3 represents more than the end of a controversial dye — it signals a shift in regulatory priorities, consumer expectations, intellectual property strategy, compliance considerations and litigation risk, says Dino Haloulos at Foley Mansfield.
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Scope And Nature Of Judicial Relief Will Affect Loper's Impact
The practical result of post-Loper Bright rulings against regulatory actions will depend on the relief courts grant — and there has been controversy in these types of cases over whether the ruling is applied just to the parties or nationwide, and whether the action can be left in place while it's corrected, says Steven Gordon at Holland & Knight.
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Del. Dispatch: Lessons From Failed Albertsons-Kroger Merger
The allegations in Albertsons' lawsuit against Kroger following the grocery stores' blocked merger demonstrate how a target company can best ensure that a buyer timely and effectively complies with its obligations to pursue the necessary regulatory approvals for a deal, say attorneys at Fried Frank.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.