Litigation

Fifth Circuit Limits OFAC’s Authority Over Immutable Smart Contracts

The Fifth Circuit ruled that immutable smart contracts aren’t “property” under the International Emergency Economic Powers Act (IEEPA), reducing OFAC’s regulatory power and reshaping blockchain oversight.

FTC Resuscitates Robinson-Patman Act

 Read how the FTC used the rarely-invoked Robinson-Patman Act in a case alleging price discrimination favoring large retailers over small businesses.

The Storm of Data Security Class Actions Will Only Intensify

Explore why challenges for data security officials and greater consumer awareness of privacy rights contribute to a profusion of data security lawsuits.

Washington State Sues T-Mobile Over its Cybersecurity Failures

Read about litigation against T-Mobile over a data breach exposing millions to identity theft, alleging years of cybersecurity failures and misleading customer assurances.

Why GCs Should Approach Litigation Valuation Like a Litigation Funder

Take a page from the playbook of litigation funders and apply their methodology to litigation valuation at your organization.

Fifth Circuit Overturns Nasdaq Diversity Rules, Limits SEC Authority

Read how the Fifth Circuit struck down Nasdaq’s diversity rules, ruling that the SEC exceeded its authority and was reshaping corporate board policies and regulatory limits.

SEC Penalizes Becton, Dickinson & Co. $175M for Misleading Investors

 Learn why the Securities Exchange Commission (SEC) charged a medical device manufacturer with overstating operating income and misleading investors.

What the Kroger-Albertsons Deal Teaches Us About “Hell or High Water” Clauses

Learn why the recently blocked Kroger-Albertsons deal provides valuable lessons about how to handle antitrust risks in M&A agreements, especially “hell or high water” clauses and divestments.

Key Question on Retroactivity of New York’s Foreclosure Abuse Prevention Act Goes to Second Circuit

Explore whether the state’s Foreclosure Abuse Prevention Act applies to a unilateral voluntary discontinuance of a mortgage action taken before its enactment.

NSO Group Held Liable for WhatsApp Spyware Attacks

A landmark ruling holds NSO Group liable for WhatsApp spyware attacks, signaling greater scrutiny of spyware misuse after forcing executives to testify.

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