Corporate

  • March 03, 2025

    SEC Expands Confidential Filing Options For Companies

    The U.S. Securities and Exchange Commission on Monday said it is expanding the range of filings that companies can submit for confidential review before such documents become public, predicting that the new accommodations will spur capital formation.

  • March 03, 2025

    Judge Tosses SEC Crypto Case For Lack Of US Ties

    Crypto founder Richard Heart has beaten a U.S. Securities and Exchange Commission suit over his Hex, PulseChain and PulseX crypto projects after the Brooklyn federal judge overseeing the case found the regulator failed to show enough stateside ties.

  • March 03, 2025

    Transparency Law Flouts Biz Owners' Privacy, Judge Says

    A Michigan federal judge on Monday ruled the Corporate Transparency Act's beneficial ownership reporting requirements constitute an unreasonable intrusion into business owners' privacy, shortly after the U.S. Department of the Treasury said it was suspending enforcement of the embattled law.

  • March 03, 2025

    SEC's Peirce Taps Ex-Willkie Partner For Crypto Task Force

    The U.S. Securities and Exchange Commission has hired a former Willkie Farr & Gallagher LLP partner into a leadership role in its new task force created to transform the agency's approach toward the cryptocurrency industry.

  • March 03, 2025

    Some 'ComEd Four' Bribery Counts Vacated Over Jury Charge

    An Illinois federal judge on Monday ordered a retrial on four bribery charges in the case against an ex-Commonwealth Edison executive and three lobbyists convicted of conspiring to bribe former Illinois House Speaker Michael Madigan, finding the jury was improperly instructed in the wake of a recent U.S. Supreme Court ruling but leaving intact the overarching conspiracy conviction.

  • March 03, 2025

    Chamber Leads Group Challenging NY Climate Superfund Bill

    A U.S. Chamber of Commerce-led coalition asked a New York federal judge to block a "plainly unconstitutional" Empire State law that promises to impose $75 billion in cost-recovery demands on fossil fuel companies to help pay for climate adaptation projects.

  • March 03, 2025

    Ex-Jaguars Worker Tells FanDuel Arbitration Isn't Enforceable

    A former Jacksonville Jaguars employee urged a New York federal court to deny FanDuel's bid to arbitrate his claims in a lawsuit that alleges the company facilitated a gambling addiction, saying the company aggressively lured him with predatory tactics and must be held accountable.

  • March 03, 2025

    EPA Chief Asks Watchdog To Investigate $20B Grant Program

    The U.S. Environmental Protection Agency said Monday it's asking its internal investigators to look into how $20 billion in congressionally supplied grant money has been distributed.

  • March 03, 2025

    5 Mass. Rulings You May Have Missed In February

    Justices in Suffolk County Superior Court's business litigation session tackled a range of issues in February, including greenwashing, consumer protection and development disputes.

  • March 03, 2025

    Enviro Groups Say DOGE Teams Are Violating Transparency Law

    Five federal agencies are violating their legal obligations to provide transparency about their connection to the Elon Musk-headed entity that's leading the Trump administration's effort to reduce government staffing and spending levels, environmentalists said in a D.C. federal lawsuit filed Monday.

  • March 03, 2025

    Smoothie King Wins $374K Judgment From Ex-Franchisees

    Following a bench trial in Georgia federal court last December, Smoothie King Franchises Inc. won a $374,000 judgment Friday against a company accused of ripping off its products after setting up shop in a former Gwinnett County franchise location.

  • March 03, 2025

    Sutter Settles Years-Old Antitrust Suit On Courthouse Steps

    Attorneys for a class of millions of health insurance premium payors announced an eleventh hour deal staving off a new antitrust trial Monday in California federal court over claims that hospital chain Sutter Health drives up costs by pushing all-or-nothing network deals on insurers.

  • March 03, 2025

    Monthly Merger Review Snapshot

    Japan's Nippon Steel is challenging a decision blocking its $14.9 billion merger with U.S. Steel Corp. on national security grounds, as door manufacturer Jeld-Wen continues fighting a landmark order forcing it to sell a Pennsylvania factory and the Justice Department pushes cases targeting mergers in the home health, networking and corporate travel spaces.

  • March 03, 2025

    Saul Ewing Wants Out Of Home Care Co. Asset Transfer Suit

    Saul Ewing LLP told a Pennsylvania state court that merely being an "accessory" to a family accused of hiding assets from potential judgment wasn't enough to sustain a claim against the law firm under the Pennsylvania Uniform Voidable Transfers Act, since the law only allows claims against "transferees."

  • March 03, 2025

    Accounting Firm Wants Out Of Fired Credit Union CEO's Suit

    A Connecticut credit union's former chief executive officer has no standing to sue accounting firm Whittlesey PC after following its financial advice allegedly got him fired because he was never its client to begin with, according to a dismissal bid the firm filed in state court.

  • March 03, 2025

    The Top In-House Hires Of February

    Sports general counsel were a hot item in February, with the NBA players union, Texas Rangers and Seattle Mariners all naming new legal chiefs. So were goodbyes, as Bristol-Myers Squibb, AMC Entertainment Holdings Inc. and California berry producer Driscoll all saw longtime legal chiefs announce their retirements.

  • March 03, 2025

    Chancery OKs Amended Suit In $8B Paramount Sale Fight

    Delaware's chancellor agreed Monday to the filing of an amended stockholder challenge to Paramount Global's $8.2 billion merger with Skydance Media and ordered responses by Tuesday from parties affected by a stockholder call for a fast-tracked probe of Paramount's response to an alternative, $13.5 billion offer.

  • March 03, 2025

    Treasury Halts Enforcement Of Corporate Transparency Act

    The U.S. Treasury Department won't enforce the Corporate Transparency Act on U.S. businesses and will change regulations so it only applies to foreign companies registered stateside, according to an announcement that activists said invites criminals into the U.S. and lawyers said could provoke judicial scrutiny.

  • March 03, 2025

    Lexitas Adds CLO, President Of Legal Talent Outsourcing

    Lexitas has made two key hires to its C-suite with the addition of a new chief legal officer and a president of legal talent outsourcing, the provider of technology-enabled legal support services said Monday.

  • March 03, 2025

    10th Circ. Backs CPSC In Challenge To New Magnet Rule

    The Tenth Circuit on Monday denied a petition challenging a new Consumer Product Safety Commission rule regulating the sale of small, high-powered magnets, finding that the evidence the CPSC provided supports the rule and the commission's structure is constitutional.

  • March 03, 2025

    Activist Investor Nominates 2 Candidates To Portillo's Board

    Activist investor Engaged Capital LLC on Monday unveiled its slate of directors to stand for election to Portillo's Inc.'s board ahead of the company's annual meeting, saying that the Chicago street food-focused restaurant chain's performance has been suffering due to outdated restaurant operations.

  • March 03, 2025

    3rd Circ. Preview: Litigation Funder, J&J Seek Relief In March

    The Third Circuit's case lineup this month will task panels with determining if an American litigation funder can keep its dispute with a German law firm in federal court, and whether Johnson & Johnson can decertify class claims accusing the company of artificially inflating its stock price by failing to disclose the alleged cancer risks of its talc products.

  • March 03, 2025

    Former SDNY Top Prosecutor Kim Returns To Private Sector

    Veteran white-collar defense lawyer Edward Kim, who most recently served as acting U.S. attorney for the Southern District of New York, said Monday he is returning to the firm he founded, Krieger Lewin LLP, which will be known as KKL.

  • March 03, 2025

    Coinbase Wants To Know SEC Spend On Crypto Enforcement

    Crypto exchange Coinbase wants to know how much the U.S. Securities and Exchange Commission spent on its "regulation-by-enforcement campaign" against crypto firms under previous Chair Gary Gensler, according to a Freedom of Information Act request submitted on Monday.

  • March 03, 2025

    Ex-Obama, Biden White House Atty Joins Latham

    An ex-White House counsel for both former Presidents Barack Obama and Joe Biden has joined Latham & Watkins LLP's Chicago and Washington, D.C., offices as a white collar partner, the firm announced Monday.

Expert Analysis

  • The Future Of ALJs At NLRB And DOL Post-Jarkesy

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    In the wake of the U.S. Supreme Court’s 2024 Jarkesy ruling, several ongoing challenges to the constitutionality of the U.S. Department of Labor's and the National Labor Relations Board's administrative law judges have the potential to significantly shape the future of administrative tribunals, say attorneys at Wiley Rein.

  • Engaging With Feds On Threats To Executives, Employees

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    In an increasingly polarized environment, where companies face serious concerns about how to protect executives and employees, counsel should consider working with federal law enforcement soon after the discovery of threats or harassment, says Jordan Estes at Gibson Dunn.

  • Losing A Motion To Dismiss Ruling Isn't Necessarily The End

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    A recent Delaware Court of Chancery ruling, that the Manti Group had not demonstrated any conflicts of interest favoring private equity fund operator The Carlyle Group, serves as an important reminder that a decision on a pleading motion is not the end of the story, say attorneys at Sidley.

  • Drug Cartels' Terrorist Label Raises Litigation Risk For Cos.

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    President Donald Trump's planned designation of some Latin American drug-trafficking groups as foreign terrorist organizations creates an additional and little-noticed source of legal exposure: U.S. civil litigation risk involving terrorism claims by victims of those groups, say attorneys at Covington.

  • How Cos. Can Prepare Now For SEC E-Filing System Changes

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    The U.S. Securities and Exchange Commission's amendments to the Electronic Data Gathering, Analysis and Retrieval system are designed to improve access to and management of EDGAR accounts, and with the March 24 effective date fast approaching, and the transition requiring significant coordination, companies should begin planning now, say attorneys at Debevoise.

  • The Tides Are Changing For Fair Access Banking Laws

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    The landscape of fair access banking laws, which seek to prevent banks from denying services based on individuals' ideological beliefs, has shifted in the last few years, but a new presidential administration provides renewed momentum for advancing such legislation against the backdrop of state efforts, say attorneys at Latham.

  • Imagine The Possibilities Of Openly Autistic Lawyering

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    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.

  • A Halftime Analysis Of DOJ's Compensation Pilot Program

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    The U.S. Department of Justice appears to consider the first half of its three-year pilot program on compensation incentives and clawbacks to be proceeding successfully, so companies should expect prosecutors to emphasize the program and other compliance-related considerations early in investigations, say attorneys at Debevoise.

  • 4 Keys To Litigating In An Active Regulatory Environment

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    For companies facing litigation influenced by government regulatory action — a recent trend that a politically charged atmosphere will exacerbate — there are a few principles that can help to align litigation strategy with broader public positioning in the regulatory and oversight context, say attorneys at Jenner & Block.

  • Kiromic SEC Order Shows Importance Of Self-Reporting

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    The U.S. Securities and Exchange Commission's recently filed settled charges against Kiromic BioPharma illustrate the critical intersection between U.S. Food and Drug Administration regulatory processes and investor disclosures under the securities laws, and showcase how responding promptly to internal whistleblower reports may reap benefits, say attorneys at Arnold & Porter.

  • Series

    Documentary Filmmaking Makes Me A Better Lawyer

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    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.

  • Litigation Funding Disclosure Debate: Strategy Considerations

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    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.

  • Justices Likely To Stay In ERISA's Bounds On Pleadings

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    The arguments in Cunningham v. Cornell showed the U.S. Supreme Court's willingness to resolve a circuit split regarding Employee Retirement Income Security Act pleading standards by staying within ERISA's confines, while instructing courts regarding what must be pled to survive a motion to dismiss, says Ryan Curtis at Fennemore Craig.

  • Scope And Nature Of Judicial Relief Will Affect Loper's Impact

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    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.

  • The Implications Of E-Cigarette Cos. Taking Suits To 5th Circ.

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    The U.S. Supreme Court recently heard oral arguments in U.S. Food and Drug Administration v. R.J. Reynolds over the definition of an "adversely affected" person under the Tobacco Control Act, and the justices' ruling will have important and potentially wide-ranging implications for forum shopping claims, says Trillium Chang at Zuckerman Spaeder.

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