A California federal judge considering the scope of a potential injunction against Google following Epic Games' antitrust jury trial win told Google's economist Thursday that the tech giant keeps arguing that more app store options for consumers will create a "terrifying world of chaos and anarchy," but "I just don't buy it."
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TOP NEWS

'I Just Don't Buy It': Judge Rips Google's Injunction Argument

By Dorothy Atkins

A California federal judge considering the scope of a potential injunction against Google following Epic Games' antitrust jury trial win told Google's economist Thursday that the tech giant keeps arguing that more app store options for consumers will create a "terrifying world of chaos and anarchy," but "I just don't buy it."

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DOJ Sues Live Nation 14 Years After Ticketmaster Deal

By Bryan Koenig

The U.S. Department of Justice sued Live Nation Thursday over the 2010 agreement clearing the concert promotion giant's purchase of Ticketmaster, an oft-maligned deal that enforcers now want to unwind and that is blamed for fiascoes like the meltdown of ticket sales for Taylor Swift's Eras tour.

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Latham, Cravath Rep Live Nation In DOJ Ticketmaster Battle

By Hannah Albarazi

In the battle against the U.S. Department of Justice's push to break up Live Nation and Ticketmaster, the concert promotion and ticketing company has called upon a team of attorneys at Cravath Swaine & Moore and Latham & Watkins to go up against a large roster of highly experienced government antitrust attorneys.

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Analysis

DOJ Has A Long Set To Play Against Live Nation-Ticketmaster

By Bryan Koenig

The U.S. Department of Justice antitrust lawsuit announced Thursday against Live Nation and Ticketmaster's dominance over performing artists, venues and tickets may have been 14 years in the making, but it still has a long road ahead in New York federal court.

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NCAA, Athletes Settle NIL Class Action Over Billions In Pay

By David Steele

The NCAA said Thursday it has reached a settlement with the former college athletes who had filed an antitrust class action demanding billions in potential compensation allegedly denied to them for decades before the U.S. Supreme Court overturned the NCAA's compensation ban.

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Calif. High Court Deals Loss To Policyholder In COVID-19 Suit

By Eli Flesch

The California Supreme Court ruled Thursday that the coronavirus generally doesn't cause the kind of damage to property that would trigger coverage under an insurance policy, handing a win to a Chubb insurance company in one of the last major venues for pandemic coverage litigation.

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Ex-Autonomy CEO Lynch Takes Stand In 'Surreal' Fraud Trial

By Bonnie Eslinger

Autonomy founder Michael Lynch took the stand Thursday in a criminal trial in California federal court over claims he lied to HP about his software company's financial health before the tech giant paid $11.7 billion for it in 2011, saying the trial has been "surreal" and he didn't set out to defraud HP.

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PNC, Loan Officers Ink $12M Deal In Rest Break Suit

By Henrik Nilsson

PNC Bank has agreed to pay nearly $12 million to end a class action alleging the bank didn't pay mortgage loan officers for time spent on breaks and failed to issue accurate wage statements, according to a joint motion filed Wednesday in California federal court.

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LA Jury Awards $58M To Train Yard Worker Injured In Slip

By Craig Clough

A train yard worker was awarded over $58 million this week by a Los Angeles jury due to an injury that he says occurred when he slipped on top of a wet train car, which resulted in a fractured foot and a diagnosis of complex regional pain syndrome. 

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ENERGY & ENVIRONMENTAL

22 States Seek To Defend EPA Heavy-Duty Truck GHG Rule

By Madeline Lyskawa

A coalition of 22 Democrat-led states and four cities moved to intervene on Thursday in defense of the U.S. Environmental Protection Agency's final rule establishing greenhouse gas emission standards for heavy-duty vehicles, arguing that vacating the rule would lead to direct injuries to state lands and resources.

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INSURANCE

Coverage Suit Paused Until Resolution Of Gun Sales Dispute

By Hope Patti

A California federal court paused Crum & Forster's suit against a police gun and fitness club and the city of Los Angeles over coverage for underlying actions brought by officers accusing the club of selling them stolen handguns, citing factual overlap between the actions.

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PRODUCT LIABILITY

Whirlpool Aims To Sink Fridge Wiring Defect Claims

By Mike Curley

Whirlpool Corp. is asking a Delaware federal court to throw out claims in a consolidated class action alleging it sold refrigerators with defective wiring, saying the complaint fails to show it had any knowledge of the defect.

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PERSONAL INJURY & MEDICAL MALPRACTICE

Bell, Boeing Face Suit Over Marines Killed In Osprey Crash

By Mike Curley

The families of four of the five marines killed in the June 2022 crash of an Osprey V-22 aircraft sued Bell Textron Inc., The Boeing Co. and Rolls-Royce Corp. Thursday in California federal court, alleging defects in the aircraft led to the fatal crash.

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Pipe Supplier Can't Nix $2.6M 'Take Home' Asbestos Verdict

By Mike Curley

A California appeals panel won't upend a $2.6 million verdict against J-M Manufacturing Co. Inc. in a case alleging a man contracted mesothelioma because of his brother's work, rejecting the company's argument that the court should apply a duty standard for negligence claims to the man's strict liability claim.

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PRIVACY & CONSUMER PROTECTION

TikTok, YouTube Must Produce European Privacy Data In MDL

By Dorothy Atkins

A California federal magistrate judge overseeing discovery in multidistrict litigation over whether social media platforms' design is addictive ordered TikTok and YouTube on Thursday to give American personal injury plaintiffs certain technical documents regarding the companies' safety features implemented in Europe and Australia, which have tougher consumer privacy laws.

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High Court Urged To Rule On FCC Question In TCPA Dispute

By Jared Foretek

A chiropractic practice group is asking the U.S. Supreme Court to take another crack at the question of whether district courts must adhere to a Federal Communications Commission's legal interpretation of the Telephone Consumer Protection Act, in a bid to revive its proposed class action against McKesson over junk faxes.

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INTELLECTUAL PROPERTY

Sonos Gets Fed. Circ. To Affirm Axed Google Patent Claims

By Andrew Karpan

Google failed on Thursday to persuade Federal Circuit judges to breathe new life into patent claims the tech giant has asserted in its legal fight with the Sonos speaker brand.

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SPORTS & BETTING

Analysis

House Money: The Path To A Landmark NCAA NIL Settlement

By David Steele

The NCAA is expected to pay more than $2.7 billion to settle a yearslong antitrust class action lawsuit featuring hundreds of thousands of former college athletes who alleged the organization owed them for years of unpaid name, image and likeness compensation. Here, Law360 walks you down the winding path that led to the massive reported settlement.

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NCAA Can't Move Colo. Athlete Pay Case

By Daniel Ducassi

A Colorado federal judge on Thursday rejected a bid by the National Collegiate Athletic Association and collegiate athletic conferences to move athletes' compensation allegations to California, where two similar cases are being heard, highlighting the choice by named plaintiffs to have their claims heard in Colorado.

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Oakland Coliseum Sold To Black-Led Biz Group For $105M

By Jade Martinez-Pogue

The City of Oakland has agreed to sell its share of the Oakland Coliseum to a group of Black community, business and investment leaders for a minimum of $105 million in a deal that the city said will pave the way for affordable housing units, outdoor space and future developments.

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EMPLOYMENT & BENEFITS

Amazon Workers' $5.5M COVID Screening Deal Gets Initial OK

By Gina Kim

A California federal magistrate judge on Wednesday gave her preliminary blessing to a $5.5 million settlement Amazon agreed to pay to a class of 250,000 employees who accused the digital retail behemoth of failing to pay for time spent undergoing mandatory COVID-19 screenings before their shifts.

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UBH Urges 9th Circ. To Take Up Petition In Health Claim Fight

By Kellie Mejdrich

United Behavioral Health implored the Ninth Circuit to grant the insurance company's petition for appellate court intervention in a consolidated action alleging mismanagement of mental health and substance use disorder treatment claims, arguing a California federal court clearly erred by allowing further pleadings on a denial of benefits claim.

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SECURITIES & BANKING

Apple Investor Again Seeks Green Light For $490M Settlement

By Emilie Ruscoe

An Apple Inc. investor has asked a California federal judge to revisit a $490 million settlement deal that would end claims the tech giant misled investors about iPhone sales in China, telling the court that it had addressed the judge's critique that parts of the relevant filings were "convoluted."

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FINTECH

Wow Such Basic: Justices Back Crypto Fans In Dogecoin Duel

By Jeff Overley

It's up to judges, not arbitrators, to figure out whether contracts between businesses and consumers have subtly superseded earlier agreements to hash out disputes in arbitration rather than litigation, the U.S. Supreme Court ruled Thursday.

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GOVERNMENT CONTRACTS

Ambulance Co. Owner Accused Of $1M Pandemic Loan Fraud

By Anna Scott Farrell

The owner of a California ambulance company who was charged last year with tax evasion and filing false returns has been further accused of fraudulently securing $1 million from federal pandemic relief loan programs, according to the U.S. Department of Justice.

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DEALS

Deals Rumor Mill: NY Yankees, Abu Dhabi Bank, Int'l Paper

By Al Barbarino

Yankees’ minority stake could hit the market, First Abu Dhabi could pay $8 billion for a stake in an Istanbul-based lender, and Suzano could sweeten its $15 billion bid for International Paper. Here, Law360 breaks down the notable deal rumors from the past week.

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PRIVATE EQUITY

Skadden-Led Hg Buys Risk Platform Co. AuditBoard For $3B

By Jade Martinez-Pogue

Cooley LLP-advised AuditBoard Inc. on Thursday announced that it has agreed to be bought by European software and services business investor Hg Capital, guided by Skadden Arps Slate Meagher & Flom LLP, in a deal valued at over $3 billion.

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Merck To Pay $600M For KKR-Backed Life Sciences Biz

By Al Barbarino

Menlo Park, California-based Gamma Biosciences said Thursday it has agreed to sell its operating company Mirus Bio for $600 million in cash to Merck KGaA, inking the deal under the guidance of Sidley Austin LLP. 

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IMMIGRATION

Senate Democrats Join GOP To Kill Bipartisan Border Bill

By Britain Eakin

The Senate on Thursday failed to pass a bipartisan border security and asylum bill touted by the White House, after four Democrats bailed on President Joe Biden's push to revive the legislation.

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CANNABIS

Wiz Khalifa Settles Suit Over Cannabis Venture

By Jonathan Capriel

Rapper Wiz Khalifa has settled a lawsuit filed by the co-owner of his cannabis enterprise who claimed he was cut out of a $20 million deal to license the artist's name and likeness to promote cannabis products.

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PEOPLE

Fisher Phillips Reinforces Calif. Labor And Employment Team

By Jack Rodgers

Fisher Phillips has hired two of counsel in its Irvine, California, office to continue representing employers and helping those clients navigate a range of labor and employment matters.

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Akerman Brings On Kilpatrick Tax Ace In LA

By James Mills

Akerman LLP is boosting its tax team, bringing in a Kilpatrick Townsend & Stockton LLP corporate tax and energy tax credit expert as a partner in its Los Angeles office.

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EXPERT ANALYSIS

Patent Lessons From 4 Federal Circuit Reversals In April

Four Federal Circuit decisions in April that reversed or vacated underlying rulings provide a number of takeaways, including that obviousness analysis requires a flexible approach, that an invalidity issue of an expired patent can be moot, and more, say Denise De Mory and Li Guo at Bunsow De Mory.

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Key Lessons From Recent Insurance Policy Reform Litigation

A review of recent case law reveals the wide range of misunderstandings that may arise between insurers and policyholders in the purchase and renewal of insurance policies, as well as the utility — and the limits — of reformation and related remedies for these misunderstandings, say Jad Khazem and Seth Tucker at Covington.

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The State Of Play In DEI And ESG 1 Year After Harvard Ruling

Almost a year after the U.S. Supreme Court decided Students for Fair Admissions v. Harvard, attorney general scrutiny of environmental, social and governance-related efforts indicates a potential path for corporate diversity, equity and inclusion initiatives to be targeted, say attorneys at Crowell & Moring.

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LEGAL INDUSTRY

Analysis

Biden's Judicial Impact And What's Left On The Wish List

By Courtney Bublé

President Joe Biden secured confirmation of his 200th federal judge Wednesday and has transformed the judiciary by picking more women and people of color than any other president. But the upcoming election season could derail his hopes of confirming many more judges.

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Meet Biden's Latest Pennsylvania Picks For District Court

By P.J. D'Annunzio & Matthew Santoni

President Joe Biden has continued his trend of nominating public defenders to the federal bench, this time selecting two longtime defense attorneys to occupy vacancies in Pennsylvania.

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DOJ's Live Nation-Ticketmaster Suit: What You Should Know

The U.S. Department of Justice and a slew of state attorneys general filed a suit challenging the 2010 merger of Ticketmaster and Live Nation. Here, catch up on Law360's coverage of the deal and those who have challenged it along the way – Taylor Swift fans, investors and regulators.

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Exiled Chinese Businessman Is No $1B Fraudster, Jury Told

By Stewart Bishop

Exiled Chinese businessman and purported billionaire Guo Wengui ran legitimate companies in support of a broad movement that opposed the Chinese Communist Party, his attorney told a Manhattan federal jury Friday, rather than what prosecutors say was a multifaceted $1 billion fraud.

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Menendez, Kasowitz Firm Spar Over Subpoena To Cooperator

By Elliot Weld

Amid his bribery trial, U.S. Sen. Robert Menendez of New Jersey is urging a Manhattan federal judge to order a government cooperator to turn over communications involving his current counsel at Kasowitz Benson Torres LLP and his former attorneys.

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McElroy Deutsch Seeks Win Against Ex-CFO After Guilty Plea

By Rose Krebs

McElroy Deutsch Mulvaney & Carpenter LLP is urging a New Jersey state court to order its former chief financial officer to pay roughly $1.5 million damages for "unauthorized compensation" he paid himself and force him to disgorge $5.4 million in pay he received from the firm.

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Ex-DOJ Atty Clark Says He Was Denied A Fair Ethics Hearing

By Alison Knezevich

Former Justice Department official Jeffrey Clark was denied a fair hearing in his Washington, D.C., ethics case and should not face punishment, he told an attorney disciplinary committee in a Thursday filing.

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GC Cheat Sheet: The Hottest Corporate News Of The Week

By Sue Reisinger

Antitrust law took center stage this week as college general counsel try to figure out the what and how of paying student athletes under a new court ruling, and the U.S. Department of Justice is trying to break up the entertainment venue dominance of Live Nation and Ticketmaster.

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UK Litigation Roundup: Here's What You Missed In London

By Max Austin

This past week in London has seen an IT engineer seek permission to search a landfill hiding a hard drive supposedly storing millions of pounds in bitcoin, Glencore take on legal action by American Century Investments, gold payment app Glint bring a breach of duty claim against FRP Advisory, and an ongoing dispute between a solicitor and the Solicitors Regulation Authority. Here, Law360 looks at these and other new claims in the U.K.

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In Case You Missed It: Hottest Firms And Stories On Law360

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.

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Using A Children's Book Approach In Firm Marketing Content

From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

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LAW FIRMS IN TODAY'S NEWS

Akerman LLP

ArentFox Schiff

Arnall Golden

Bird Marella

Brower Law Group

Brownstein Hyatt

Bunsow De Mory

Burnham & Gorokhov

Caldwell Carlson

Chimicles Schwartz

Clifford Chance

Clyde & Co

Cooley LLP

Covington & Burling

Cravath Swaine

Crowell & Moring

DWF LLP

Dalton & Associates PA

Davidoff Hutcher

Davis Polk

Dorsey & Whitney

Duane Morris

Elsberg Baker

Eversheds Sutherland

Fieldfisher

Finnegan

Fish & Richardson

Fisher & Phillips

Fox Rothschild

Fox Williams

Frank Weinberg & Black

Frankfurt Kurnit

Gateley PLC

Gibbs Law Group

Gibson Dunn

Goldstein Borgen

Greenberg Traurig

Gupta Wessler

Hagens Berman

Hamlins LLP

Harris St. Laurent

Hausfeld LLP

Haynes & Boone

Hill Dickinson

Hodges & Foty

Hogan Lovells

Holland & Knight

Horwich Farrelly

Howes Percival

Husch Blackwell

JMW Solicitors LLP

Jones Day

K&L Gates

Kasowitz Benson

KaurMaxwell

Kennedys Law LLP

Kilpatrick Townsend

King & Spalding

Kirkland & Ellis

Korein Tillery

Labaton Keller

Latham & Watkins

Levin Sedran

Lewis Roca

Lieff Cabraser

Littler Mendelson

Lynberg & Watkins

Manning Gross

Marino Tortorella

Maune Raichle

Mayer Brown

McDonald & MacGregor

McElroy Deutsch

McKool Smith

Mendes & Mount

Michael Best & Friedrich LLP

Migliaccio & Rathod

Miller Barondess

Morrison Foerster

Munger Tolles

O'Melveny & Myers

Olson Grimsley

Orrick Herrington

Pallas Partners

Parmet PC

Parris Law Firm

Pasich LLP

Paul Hastings

Paul Weiss

Penningtons Manches

Poole Huffman

Potter Clarkson

Pryor Cashman

Psych-Appeal Inc.

Reed Smith

Robbins Geller

Robert D. Soloff PA

Robert Peirce & Associates

Robinson Bradshaw

Rosen Hagood

Saporito Falcone

Sidley Austin

Skadden Arps

Smith Gambrell

Spector Roseman

Spencer Fane

Steptoe LLP

Swartz Swidler

VanOverbeke Michaud

Welsh & Recker

Wheeler Trigg

Wilkin Chapman

Wilkinson Stekloff

Williams & Connolly

Wilson Sonsini

Winston & Strawn

Wisner Baum

Zuber Lawler

Zuckerman Spaeder

deLeeuw Law

COMPANIES IN TODAY'S NEWS

AXA SA

AXA XL Ltd.

Academy Sports & Outdoors Inc.

Allianz SE

Amazon.com Inc.

American Economic Liberties Project

American International Group Inc.

Amgen Inc.

Apple Inc.

Atlantic Coast Conference

Atlantic Global Insurance Services

Avolon Holdings Ltd.

Bayerische Motoren Werke AG

BlackRock Inc.

Boehringer Ingelheim

Boehringer Ingelheim Vetmedica Inc.

Booz Allen Hamilton Holding Corp.

British Broadcasting Corp.

ByteDance Ltd.

CVS Health Corp.

Casetext Inc.

Cincinnati Financial Corp.

Coinbase Global Inc.

Corteva Inc.

Cox Communications Inc.

Crum & Forster Holdings Corp.

Defender Association of Philadelphia

Deloitte Touche Tohmatsu Ltd.

DuPont de Nemours Inc.

EMCOR Group Inc.

EQT AB

EQT Corp.

ESPN Inc.

Edison Electric Institute Inc.

Electronic Arts Inc.

Emerson Electric Co.

Epic Games Inc.

Equinor ASA

Exxon Mobil Corp.

Ferrari SpA

First Abu Dhabi Bank PJSC

Ford Motor Co.

Fordham University

Galp Energia SGPS SA

Gilardi & Company LLC

Glencore PLC

Google LLC

HSBC Holdings PLC

Hewlett Packard Enterprise Co.

Horizon Therapeutics PLC

Icertis Inc.

Idaho Power Company

Illumina Inc.

Integrys Energy Group Inc.

International Brotherhood of Boilermakers Iron Ship Builders Blacksmiths Forgers & Helpers

International Brotherhood of Electrical Workers

Jefferies Financial Group Inc.

JetBlue Airways Corp.

Johns Manville Corp.

Jubilee Holdings Ltd.

LinkedIn Corp.

Live Nation Entertainment Inc.

Los Angeles Unified School District

Lyons HR LLC

Major League Baseball Inc.

Major Lindsey & Africa LLC

McKesson Corp.

Mediterranean Shipping Co. SA

Mercedes-Benz USA LLC

Merck KGaA

Mercury General Corp.

Meta Platforms Inc.

Microsoft Corp.

MilliporeSigma

Mitsui Sumitomo Insurance Co. Ltd.

Mondelez International Inc.

NASDAQ Inc.

NBCUniversal Media LLC

NFL Enterprises LLC

National Collegiate Athletic Association

National Mining Association

National Rural Electric Cooperative Association

New Jersey Transit Corp.

New York Football Giants Inc.

New York Yankees

Norfolk Southern Corp.

Oakland Athletics

Pac-12 Enterprises LLC

Paysafe Group PLC

Pegasus Capital Advisors LP

Penguin Random House LLC

PetroChina Company Limited

Polycom Inc.

QBE Insurance Group Ltd.

ROC Nation LLC

Reliance Industries

Roblox Corp.

San Francisco Giants

Shell PLC

Simon & Schuster Inc.

Snap Inc.

Solicitors Regulation Authority Ltd.

Sonos Inc.

Space Exploration Technologies Corp.

Spirit Airlines Inc.

Spotify Technology SA

StubHub Inc.

Sumitomo Pharma Co. Ltd.

Swissport International Ltd.

Tesla Inc.

Teva Pharmaceutical Industries Ltd.

Texas Public Policy Foundation

Textron Inc.

The Boeing Co.

The District of Columbia Bar

The New York Times Co.

The PNC Financial Services Group Inc.

The Walt Disney Co.

TikTok Inc.

TotalEnergies SE

United Mine Workers of America

United Talent Agency LLC

University of Virginia

University of the Pacific

Wells Fargo & Co.

Whirlpool Corp.

YouTube Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

California Labor and Workforce Development Agency

California Supreme Court

Companies House

Equal Employment Opportunity Commission

European Commission

European Union

Federal Bureau of Investigation

Federal Communications Commission

Federal Trade Commission

Los Angeles Superior Court

National Labor Relations Board

Small Business Administration

U.S. Attorney's Office for the Central District of California

U.S. Attorney's Office for the Northern District of California

U.S. Attorney's Office for the Southern District of New York

U.S. Court of Appeals for the District of Columbia Circuit

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Customs and Border Protection

U.S. Department of Commerce

U.S. Department of Homeland Security

U.S. Department of Justice

U.S. District Court for the Central District of California

U.S. District Court for the District of Columbia

U.S. District Court for the District of Delaware

U.S. District Court for the District of Maryland

U.S. District Court for the District of New Jersey

U.S. District Court for the Eastern District of California

U.S. District Court for the Eastern District of New York

U.S. District Court for the Eastern District of Pennsylvania

U.S. District Court for the Eastern District of Tennessee

U.S. District Court for the Middle District of Pennsylvania

U.S. District Court for the Northern District of California

U.S. District Court for the Southern District of California

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Louisiana

U.S. Environmental Protection Agency

U.S. Immigration and Customs Enforcement

U.S. Marine Corps

U.S. Patent and Trademark Office

U.S. Postal Service

U.S. Securities and Exchange Commission

U.S. Supreme Court

United States District Court for the District of Colorado

World Health Organization