In the context of asset recovery, a successful outcome largely depends on the ability of a claimant to garner sufficient disclosure of assets that are amenable to enforcement. This, in turn, explains why the powerful injunctive…
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/ Civil Procedure, Civil Remedies, Criminal Law, International Law & Trade
On June 5, 2025, the Supreme Court decided Ames v. Ohio Department of Youth Services and held that a "majority group" plaintiff in a Title VII case need not satisfy a heightened evidentiary burden to establish a prima-facie case…
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/ Civil Procedure, Civil Rights, Labor & Employment Law
Public company boards are facing an unprecedented convergence of destabilizing forces, including geopolitical shocks, inflation, supply-chain disruptions, social unrest, and rapid technological change. At the same time,…
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/ Business Organizations, Mergers & Acquisitions
Under a new U.S. Patent and Trademark Office (“USPTO”) policy issued in March 2025, pre-institution inter partes review (“IPR”) proceedings are now bifurcated, consisting of a first phase in which the director considers…
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/ Administrative Law, Health, Intellectual Property
The Texas Legislature recently has taken Texas-sized steps intended to make the state a more attractive place for companies to form, reincorporate, or relocate, further advancing Texas’s efforts to rival Delaware as a…
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/ Business Organizations, Mergers & Acquisitions
The European Commission has extended the deadline for the European Financial Reporting Advisory Group (EFRAG) to submit its technical advice on simplifying the European Sustainability Reporting Standards (ESRS) under the…
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/ Business Organizations, Environmental Law, Finance & Banking
The funds industry continues to wait for regulators and legislators to review and fix the multiple flaws in the existing SFDR regime. In the meantime, in July 2023, ESMA launched a “common supervisory action” ("CSA”) alongside…
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/ Business Organizations, Commercial Law & Contracts, Finance & Banking, International Law & Trade, Securities Law
On July 1, 2025, a federal court of appeals held that the SEC's regulation of proxy advice exceeded its authority and the SEC's 2020 proxy advisor regulations are not valid. The court closely tracks the district court's…
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/ Administrative Law, Business Organizations, Securities Law
On June 23, 2025, the Supreme Court invited the Solicitor General to submit a brief expressing the views of the United States—dramatically increasing the likelihood that the Court will eventually grant review—in Hikma…
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/ Administrative Law, Civil Procedure, Intellectual Property, Science, Computers, & Technology
Federal courts continue to address whether training artificial intelligence ("AI") models on copyrighted materials without a license constitutes copyright infringement…
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/ Communications & Media Law, Intellectual Property, Science, Computers, & Technology
On June 18, 2025, the presidency of the EU Council and representatives of the European Parliament agreed on substantial changes to the EU's carbon border adjustment mechanism (CBAM)…
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/ Commercial Law & Contracts, Energy & Utilities, Environmental Law, International Law & Trade
Evidence is a key battleground in virtually all patent litigation cases. As a Court designed to combine the best and most efficient features of the main EU national patent litigation systems, the Unified Patent Court (“UPC”)…
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/ Civil Procedure, Electronic Discovery, Intellectual Property, International Law & Trade
A Delegated Rehearing Panel (“DRP”) recently modified the PTAB’s construction of the claim term “workload” and remanded, giving Mercedes-Benz USA, LLC (“Petitioner”) another opportunity to challenge a processor patent…
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/ Administrative Law, Intellectual Property, Science, Computers, & Technology
In two recent decisions in the defense and national security sector, the Italian Foreign Direct Investment Authority ("FDI Authority") asserted jurisdiction in connection with two acquisitions of non-Italian companies that had…
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/ Business Organizations, Commercial Law & Contracts, Finance & Banking, International Law & Trade, Mergers & Acquisitions
On June 20, 2025, Texas Governor Greg Abbott signed Senate Bill 2337 ("SB 2337") to impose first-of-its-kind regulation and significant disclosure obligations on proxy advisors, such as ISS and Glass Lewis. SB 2337 aims to limit…
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/ Business Organizations, Commercial Law & Contracts, Securities Law
