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Corporate
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October 10, 2025
Employment Authority: EEOC Cracks Down On Opioid Bias
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on why the U.S. Equal Employment Opportunity Commission appears to be cracking down on bias toward workers' opioid prescriptions, what two mixed rulings on captive audience bans mean for the landscape of the labor fight, and how today's U.S. Department of Labor compares to its mission under President Donald Trump's first term.Â
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October 10, 2025
Wyden Urges Justices To Revive UBS Retaliation Case Again
Sen. Ron Wyden and several whistleblower organizations have urged the U.S. Supreme Court to revive for a second time a fired UBS worker's whistleblower retaliation lawsuit, pointing to a "deep and direct conflict" the Second Circuit has created with its latest decision in the case.
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October 10, 2025
Justices Told SEC 'Dead Wrong' On Activist Investor Suits
An activist investor has told the U.S. Supreme Court that a series of investment funds, with the backing of the U.S. Securities and Exchange Commission, are "dead wrong" to say it has no right to sue over their decision to dilute the investor's voting shares.
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October 10, 2025
Supreme Court Asked To Consider Appeal Over AI-Created Art
A computer scientist who was denied a copyright for artwork created by an artificial intelligence system he built has asked the U.S. Supreme Court to review his appeal challenging the U.S. Copyright Office's decision.
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October 10, 2025
Infosys' Counterclaims Against Competitor Tossed For Now
A Texas federal court dismissed counterclaims from Infosys Ltd. accusing Cognizant TriZetto Software Group Inc. of monopolizing a market for healthcare software and related services after finding the allegations ignored potential competition from alternatives.
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October 10, 2025
StubHub Sued Over Failure To Refund Swift's Eras Tour Show
Online ticket reseller StubHub regularly reneges on its "FanProtect Guarantee" to either provide comparable tickets or refund customers if the tickets they bought aren't available the day of the concert, according to a proposed class action by a woman who says she was swindled out of thousands of dollars during Taylor Swift's Eras Tour.
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October 10, 2025
Experts Doubt Gold Card Will Siphon Off EB-5 Investors
Concerns that President Donald Trump's gold card will siphon off noncitizens who would otherwise seek permanent residency through the EB-5 investor program might be overblown, with experts suggesting the program's 35-year track record and stability will continue attracting foreign investors.
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October 10, 2025
SEC's Atkins Criticizes Del. As 'Uninterested' In IPO Reform
U.S. Securities and Exchange Commission Chair Paul Atkins said he is "disappointed" by recent changes to Delaware law that he believes will drive up litigation costs for public companies and make the state seem "uninterested in reform" that would encourage more companies to file initial public offerings there.
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October 10, 2025
Back Where We Started: Life After FTC's Noncompete Ban
Now that the Federal Trade Commission has abandoned efforts for a nationwide ban on noncompete clauses, the employment provisions remain subject to a constellation of changing state laws and can sometimes still violate federal law in certain situations.
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October 10, 2025
Profs Say Apple Used Copyrighted Material For AI Training
Two neuroscientists have sued Apple in California federal court, claiming it made use of their copyrighted materials to train its artificial intelligence model Apple Intelligence.
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October 10, 2025
OpenAI's Sora Backlash Shows IP Challenges For Tech Cos.
OpenAI's new version of its video-generation model Sora has highlighted the growing tension between the development of artificial intelligence technologies and intellectual property rights, with the company emphasizing an opt-in approach for copyright owners for using their works after backlash over a reported opt-out policy.
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October 10, 2025
Pharma Co. Escapes Suit Over Ex-CEO's Alleged Misconduct
Exscientia PLC on Friday won dismissal of a proposed class action related to the termination of its CEO after claims emerged that he participated in inappropriate workplace relationships, with the court finding the investors failed to show that the company's statements about its culture and governance were anything more than puffery.
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October 10, 2025
GoPro Beats Infringement Claims In $174M Camera IP Trial
A California federal jury cleared camera giant GoPro of accusations that some of its products infringed two video camera technology patents in a case where Contour IP Holding LLC had sought $174 million in damages.
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October 10, 2025
Prosecutors, Ex-AT&T Exec To Resolve Bribery Case With DPA
A former AT&T executive will not be retried on charges that he bribed ex-Illinois House Speaker Michael Madigan early next year as planned, as his attorneys and prosecutors told an Illinois federal judge that they've agreed to resolve the matter with a deferred prosecution agreement.
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October 10, 2025
GC Cheat Sheet: The Hottest Corporate News Of The Week
It is of little solace to general counsel that most big law firms hiked their billing rates this year just slightly less than last year's increase. And it looks like Elon Musk is settling with the former chief legal officer and the general counsel of Twitter, along with two other executives, over their suit to obtain millions in promised severance pay. These are some of the stories in corporate legal news you may have missed in the past week.
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October 10, 2025
Polsinelli Adds Higgs Fletcher Nonprofit Ace In LA
Polsinelli PC continues expanding its California team, bringing in a Higgs Fletcher & Mack LLP nonprofit expert as a shareholder in its Los Angeles office.
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October 10, 2025
Prospect Medical Gets OK For $45M Yale Health Deal In Ch. 11
A Texas bankruptcy judge Friday approved a $45 million settlement between Yale New Haven Health Services Corp. and Prospect Medical that ends a legal battle over failed hospital sales, as Prospect works toward exiting Chapter 11.
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October 10, 2025
Biz Groups, GOP Reps Ask Justices To Sink Colo. Climate Suit
Business groups and over 100 Republican lawmakers are asking the U.S. Supreme Court to reverse a decision by Colorado's top court allowing Boulder's climate change tort against Exxon Mobil Corp. and Suncor Energy Inc. to proceed in state court.
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October 10, 2025
Mass. AG Says Robinhood Suit Can't Halt Enforcement Action
Massachusetts regulators say Robinhood is trying to make an "end run" around their efforts to enforce the Bay State's sports betting laws, in a motion asking a judge to toss the financial services platform's lawsuit against the state.
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October 10, 2025
SEC Guidance Aims To Ease IPO Process During Shutdown
As the federal government shutdown lingers, the U.S. Securities and Exchange Commission has updated its guidance to advise companies on how they can still move forward with initial public offerings.
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October 10, 2025
Edward Jones Fined $100K For 'Unreasonable' Commissions
Edward D. Jones & Co. LP has entered into a consent order with Connecticut's banking regulator, agreeing to pay a $100,000 fine and about $73,000 in restitution for charging "unreasonable" commissions to retail brokerage customers in the state.
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October 10, 2025
Amazon Gets Massive Antitrust Class Action Trial Delayed
Amazon.com Inc. has got a reprieve from facing a massive consumer antitrust class action and a California attorney general enforcement action in overlapping trials, with a Washington federal judge granting the retail giant's bid to delay the consumer case from October 2026 to June 2027.
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October 10, 2025
Taxation With Representation: Sullivan, MoFo, Freshfields
In this week's Taxation With Representation, Fifth Third Bancorp acquires Comerica in an all-stock deal, Qualtrics buys experience analytics firm Press Ganey Forsta, and SoftBank buys ABB's robotics division.
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October 10, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Paddington Bear's creators and Studio Canal sue the company behind Spitting Image, Blackpool Football Club's former owner Owen Oyston bring a fresh claim against the club, and Mishcon de Reya sue a Saudi investment group.
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October 10, 2025
EDTX Jury Says Samsung Owes $445.5M After Patent Trial
Samsung has to pay up about $445.5 million after a Texas federal jury found that the South Korean electronics giant infringed a series of patents related to wireless communication network efficiency owned by Collision Communications.
Expert Analysis
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NY Tax Talk: ALJ Vacancy, Online Sales, Budget
Among the most notable developments in New York tax law last quarter, an administrative law judge vacancy continued affecting taxpayers, a state court decision tested the scope of the Interstate Income Act, and Gov. Kathy Hochul signed the 2025-2026 fiscal budget containing key tax-related provisions, say attorneys at Eversheds Sutherland.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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Lessons Learned 3 Years After First CCPA Enforcement Action
Three years after the first public enforcement action under the California Consumer Privacy Act, Attorney General Rob Bonta has pursued a steady stream of enforcement actions across industries, providing a clearer picture of how the law is being interpreted and enforced, says Tatum Andres at Kilpatrick.
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How Tariffs Can Affect Event Studies In Securities Litigation
When the control period is calm and the event window is stormy — often the case with breaking political or economic developments, like President Donald Trump's recent tariff announcements — traditional event study methodology can increase the risk of misleading conclusions in securities litigation, say economic consultants at NERA.
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How AI Is Easing Digital Asset Recovery In Fraud Cases
In combination with recent legislation and a maturing digital asset infrastructure, artificial intelligence tools are making it easier to recover stolen assets, giving litigants a more specific understanding of financial fraud earlier in the process and making it economically feasible to pursue smaller fraud claims, says Solomon Shinerock at Lewis Baach.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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Despite SEC Reset, Private Crypto Securities Cases Continue
While the U.S. Securities and Exchange Commission under the Trump administration has charted a new approach to crypto regulation, the industry still lacks comprehensive rules of the road, meaning private plaintiffs continue to pursue litigation, and application of securities laws to crypto-assets will be determined by the courts, say attorneys at Skadden.
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State AGs Are Turning Up The Antitrust Heat On ESG Actions
Recent antitrust developments from red state attorneys general continue a trend of environmental, social and governance scrutiny, and businesses exposed to these areas should conduct close examinations of strategy and potential material risk, say attorneys at Morgan Lewis.
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Crypto Custody Guidelines Buoy Both Banks And Funds
A statement released last month by banking regulators — highlighting risks that the agencies expect banks holding crypto-assets to mitigate — may encourage more traditional institutions to offer crypto-asset safekeeping and thereby offer asset managers more options for qualified custodians to custody crypto-assets for their clients, say attorneys at Dechert.
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Navigating Executive Perk Enforcement Under Trump Admin
While the U.S. Securities and Exchange Commission recently signaled a softer approach to executive perks, companies should remain vigilant due to the bipartisan and lengthy nature of executive perquisite cases and Chairman Paul Atkins' previous support for disclosure requirements, say attorneys at Gibson Dunn.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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Opinion
8th Circ. Should Reaffirm False Commercial Speech's Nature
The Eighth Circuit in Goldfinch Laboratory v. Iowa Pathology Associates should assert that false commercial speech is not categorically immune from antitrust scrutiny, says Daniel Graulich at the Federal Trade Commission.
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Unpacking Ore. Law's Limits On PE Healthcare Investment
A recent Oregon law imposes significant restrictions on nonphysicians owning or controlling medical practices, but newly enacted amendments provide some additional flexibility in certain ownership arrangements without scuttling the law's intent of addressing concerns about the rise of private equity investment in healthcare, say attorneys at Debevoise.
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9th Circ. Leaves Scope Of CIPA Applicability Unclear
Three recent Ninth Circuit decisions declined to directly address whether all of the California Invasion of Privacy Act's provisions actually apply to internet activity, and given this uncertainty, companies should heed five recommendations when seeking to minimize CIPA litigation risk, say attorneys at Skadden.
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Liquidity Rule Compliance Still Vital Even After SEC Dismissal
Despite its recent dismissal of a novel case against Pinnacle Advisors over liquidity rule violations, the U.S. Securities and Exchange Commission has continued to bring enforcement actions involving investment advisers, making compliance with the rule important for registrants, say attorneys at Simpson Thacher.