Support for corporate governance and compensation shareholder proposals has reached a five-year high this year, while support for environmental and social proposals has risen slightly after two years of decline, according to a new report.
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TOP NEWS

Governance In Focus As ESG Gains Ground This Proxy Season

By Sarah Jarvis

Support for corporate governance and compensation shareholder proposals has reached a five-year high this year, while support for environmental and social proposals has risen slightly after two years of decline, according to a new report.

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Just 57% Of Complex Global Deals Closed Since 2020

By Al Barbarino

About 43% of complex cross-border global deals have failed to close since the start of 2020, while the remaining 57% did close but were highly likely to involve remedies, according to a new report from Weil Gotshal & Manges LLP.

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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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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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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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'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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FTC Blasts Amazon's 'Unbelievable' Claims About Signal Use

By Hailey Konnath

The Federal Trade Commission on Thursday again pressed a Washington federal court to force Amazon to hand over documents regarding the company's communication preservation practices, calling Amazon's claims that executives never used the encrypted app Signal to discuss business practices relevant to the antitrust fight "unbelievable."

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'Not Us At Our Best:' SEC's Top Cop Talks Debt Box Error

By Jessica Corso

The U.S. Securities and Exchange Commission's enforcement director Gurbir Grewal took responsibility Thursday for his agency's sanctioned actions in a lawsuit against crypto project Debt Box, saying that the case did not represent the agency "at our best" but was not a sign that there were any widespread problems with the way it conducts its enforcement proceedings. 

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POLICY & REGULATION

Biden Renominates NLRB Chair, Taps Republican For Vacancy

By Tim Ryan

President Joe Biden on Thursday announced he intends to renominate Lauren McFerran to continue serving as chair of the National Labor Relations Board, while also tapping a Seyfarth Shaw LLP partner to fill a long-vacant Republican seat on the board.

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USPTO Issues Guidance On New Fed. Circ. Design Patent Test

By Dani Kass

The U.S. Patent and Trademark Office has issued guidance laying out how to apply the Federal Circuit's Tuesday en banc decision, making the standard for obviousness in design patents more flexible.

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House Panel Moves Data Privacy Bill, While Vowing Revisions

By Allison Grande

A U.S. House of Representatives subcommittee on Thursday advanced a bipartisan proposal to create a nationwide framework for how companies use and share consumers' personal information, despite lawmakers on both sides of the aisle acknowledging that more work needs to be done to further refine the measure.

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Sunsetting Section 230 Gains Traction On Both Sides Of Aisle

By Nadia Dreid

Everyone at Wednesday's House subcommittee hearing, from left to right, seemed to agree that it's time to ditch the Communications Decency Act's hotly contested Section 230, which shields online platforms from liability for content posted by third parties.

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SEC Opens Gate To Ether ETFs, But Firms Await Green Light

By Aislinn Keely

The U.S. Securities and Exchange Commission started the process of bringing exchange-traded funds holding the cryptocurrency ether to market on Thursday when it approved a series of filings permitting national securities exchanges to list the products, leaving firms to wait for the next step before trading can begin.

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ENFORCEMENT

JP Morgan Inks $200M CFTC Deal Over Supervision Failures

By Lauren Berg

J.P. Morgan Securities LLC on Thursday agreed to pay a $200 million civil penalty to resolve charges from the U.S. Commodity Futures Trading Commission accusing the investment management company of more than a decade of trade surveillance failures, including failing to capture billions of orders on one venue.

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EU Fines Mondelez €338M For Curbing Snack Competition

By Rae Ann Varona

The European Commission on Thursday fined U.S.-headquartered multinational snack company Mondelez International Inc. €337.5 million ($365.74 million) for entering into anticompetitive trade agreements with resellers and abusing its position as a chocolate giant to maintain high prices.

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Analysis

CFPB's 1st Try At BNPL Regulation Could Set Stage For More

By Jon Hill

The Consumer Financial Protection Bureau's new guidance that treats buy-now, pay-later firms more like credit card companies is drawing industry grumbles about "apples to oranges" comparisons, but consumer advocates say that applying additional credit card-esque rules would be the cherry on top.

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LITIGATION

Norfolk Southern Inks $310M Deal To Settle Feds' Spill Suit

By Juan-Carlos Rodriguez

Norfolk Southern Railway Co. on Thursday agreed to a $310 million deal to settle the federal government's legal claims that arose out of the 2023 train derailment in East Palestine, Ohio, that released large amounts of contaminants into the air, ground and water.

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GSK, Boehringer Prevail In 1st Zantac Cancer Trial

By Celeste Bott

A Chicago jury found Thursday that Zantac heartburn medication and its generic counterparts sold by GlaxoSmithKline and Boehringer Ingelheim are not responsible for an Illinois woman's colon cancer and her subsequent, debilitating symptoms, handing the drug companies a decisive victory in the first of hundreds of such cases to go to trial.

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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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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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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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4th Circ. Rules No Coverage For Mars' COVID Losses

By Ganesh Setty

Candymaker Mars Inc. can't get coverage from Factory Mutual Insurance Co. for its COVID-19-related losses, the Fourth Circuit ruled Thursday, further rejecting Mars' bid to certify a question to the Virginia Supreme Court.

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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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Stryker Unit And Seyfarth Attys Hit With $275K Sanctions

By Emily Sawicki

A Colorado federal judge has imposed $275,000 in sanctions jointly and severally on Stryker-owned Howmedica Osteonics Corp., along with Seyfarth Shaw LLP, for witness coaching and discovery violations in a bitter breach-of-contract dispute, amounting to roughly one-eighth of what plaintiff ORP Surgical LLC had sought.

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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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NC Fintech Atty Sues Paymentus For Gender, Age Bias

By Emily Sawicki

A former senior corporate counsel for cloud-based billing company Paymentus Corp. has slapped her former employer with a $100,000 age and gender discrimination suit in North Carolina federal court, saying she was paid less than her male colleagues and eventually fired for complaining, only to be replaced by a much younger male attorney.

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Resignation Letter Bylaws Targeted In Five Del. Class Actions

By Leslie A. Pappas

General Motors Co. is among the latest targets of new bylaw-focused litigation from Abbott Cooper PLLC and Block & Leviton LLP, one of five companies in a series of lawsuits in Delaware's Chancery Court that seek to invalidate an "irrevocable resignation requirement" in company bylaws.

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Archegos Witness Admits Lying To Exec Charged In Collapse

By Pete Brush

An Archegos manager who pled guilty to fraud and is cooperating with prosecutors conceded to a Manhattan federal jury Thursday that he fostered an effort to mock his former boss and hide information before the hedge fund's $36 billion collapse.

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NY Top Court Revives FanDuel Investors Suit

By Elliot Weld

New York's top appeals court on Thursday revived a suit brought by FanDuel investors who claim they were deprived of profits from a merger, disagreeing with a lower court's interpretation of Scottish law.

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5th Circ. Won't Fast-Track Challenge To DOL's OT Rule

By Irene Spezzamonte

The Fifth Circuit won't speed up a Dairy Queen franchisee's challenge to the U.S. Department of Labor's decision to increase the salary threshold for a Fair Labor Standards Act overtime exemption, turning down the entity and its owner's bid to expedite the appeal.

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TRO Against Ex-TD Bank Employees Revised

By Sydney Price

A federal judge in Connecticut walked back part of a temporary restraining order against ex-TD Bank employees accused of siphoning $25 million in business to Raymond James Financial, saying the previous order may have been more restrictive than necessary.

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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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EXPERT ANALYSIS

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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CFPB Poised To Up The Ante After Supreme Court Victory

When the U.S. Supreme Court emphatically ruled last week that the Consumer Financial Protection Bureau's funding structure did not violate the Constitution, the agency boasted that it was "here to stay," signaling that it is moving full steam ahead with its regulatory, enforcement and supervisory agenda, says Jim Sandy at McGlinchey Stafford.

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2 Oil Trader FCPA Pleas Highlight Fine-Reduction Factors

Recent Foreign Corrupt Practices Act settlements with Gunvor and Trafigura — the latest actions in a yearslong sweep of the commodities trading industry — reveal useful data points related to U.S. Department of Justice policies on cooperation credit and past misconduct, say Michael DeBernardis and Laura Perkins at Hughes Hubbard.

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2nd Circ. Ruling Affirms NY Law's Creditor-Friendly Approach

The Second Circuit’s recent ruling in 245 Park Member v. HNA International provides creditors with some reason for optimism that debtors in New York may face rejection in court for aiming to keep creditors at arm’s length by transferring personal assets into an LLC, says Jeff Newton at Omni Bridgeway.

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Opinion

NEPA Final Rule Unlikely To Speed Clean Energy Projects

A recent final rule from the White House Council on Environmental Quality purports to streamline federal environmental reviews to accelerate the construction of renewable energy infrastructure — but it also expands consideration of climate change and environmental justice, creating vast new opportunities for litigation and delay, says Thomas Prevas at Saul Ewing.

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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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Promo that reads Law360 2024 Titans of the Plaintiffs Bar Promo that reads Law360 Pulse 2024 AI Survey

LAW FIRMS IN TODAY'S NEWS

Abbott Cooper PLLC

Bartlit Beck

Bird Marella

Block & Leviton

Burnham & Gorokhov

C.A. Goldberg PLLC

Caldwell Carlson

Clark Hill

Clifford Chance

Clyde & Co

Covington & Burling

Cravath Swaine

Crowell & Moring

DWF LLP

Davidoff Hutcher

Davis Polk

Dechert LLP

Dorsey & Whitney

Duane Morris

Elliot Morgan Parsonage

Eversheds Sutherland

Fieldfisher

Fish & Richardson

Fisher & Phillips

Fox Rothschild

Fox Williams

Frank Weinberg & Black

Friedman Kaplan

Gateley PLC

Gibson Dunn

Goldman Ismail

Goldstein Borgen

Greenberg Traurig

Hamlins LLP

Harris St. Laurent

Hausfeld LLP

Haynes & Boone

Hill Dickinson

Hodges & Foty

Holland & Hart

Holland & Knight

Horwich Farrelly

Howes Percival

Hughes Hubbard

JMW Solicitors LLP

Jones Day

K&L Gates

Kasowitz Benson

KaurMaxwell

Keller Postman

King & Spalding

Kirkland & Ellis

Kramer Levin

Labaton Keller

Latham & Watkins

Littler Mendelson

Lynberg & Watkins

Marino Tortorella

McDonald & MacGregor

McElroy Deutsch

McGlinchey Stafford

McKool Smith

Mendes & Mount

Michael Best & Friedrich LLP

Morgan Lewis

Munger Tolles

O'Melveny & Myers

Orrick Herrington

Pallas Partners

Parmet PC

Pasich LLP

Paul Hastings

Paul Weiss

Penningtons Manches

Poole Huffman

Potter Clarkson

Proskauer Rose

Pryor Cashman

Quinn Emanuel

Reed Smith

Richards Carrington

Robbins Geller

Robert D. Soloff PA

Rosen Hagood

Saporito Falcone

Saul Ewing

Seyfarth Shaw

Smith Gambrell

Spencer Fane

Steptoe LLP

Swartz Swidler

VanOverbeke Michaud

Weil Gotshal

Weinberg Roger

Welsh & Recker

Wilkin Chapman

Williams & Connolly

WilmerHale

Winston & Strawn

Withersworldwide

COMPANIES IN TODAY'S NEWS

ARM Holdings PLC

AXA SA

AXA XL Ltd.

Academy Sports & Outdoors Inc.

Affiliated FM Insurance Co.

Alcoa Corp.

Allergan PLC

Allianz SE

Amazon.com Inc.

American Economic Liberties Project

American Hotel & Lodging Association

Amgen Inc.

Apple Inc.

Association of National Advertisers Inc.

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.

CVS Health Corp.

Casetext Inc.

Center for Democracy & Technology

Chevron Corp.

Cincinnati Financial Corp.

Community Financial Corp.

Corteva Inc.

Cox Communications Inc.

Defender Association of Philadelphia

Deloitte Touche Tohmatsu Ltd.

DuPont de Nemours Inc.

EMCOR Group Inc.

Electronic Arts Inc.

Electronic Frontier Foundation

Emerson Electric Co.

Epic Games Inc.

Ethereum GmbH

Evolent Health Inc.

Exxon Mobil Corp.

FanDuel Inc.

Ferrari SpA

Financial Industry Regulatory Authority Inc.

Ford Motor Co.

Fordham University

Franklin Resources Inc.

GXO Logistics Inc.

General Dynamics Corp.

General Motors Co.

Getty Images Holdings Inc.

Gilardi & Company LLC

Glencore PLC

Google LLC

HSBC Holdings PLC

Hewlett Packard Enterprise Co.

Honeywell International Inc.

Horizon Therapeutics PLC

Icertis Inc.

Illumina Inc.

Integrys Energy Group Inc.

Invesco Ltd.

JPMorgan Chase & Co.

JetBlue Airways Corp.

Jubilee Holdings Ltd.

KKR & Co. Inc.

Knife River Corp.

LKQ Corp.

LinkedIn Corp.

Live Nation Entertainment Inc.

Los Angeles Unified School District

Lyons HR LLC

Major Lindsey & Africa LLC

Mars Inc.

Mediterranean Shipping Co. SA

Mercedes-Benz USA LLC

Meta Platforms Inc.

Microsoft Corp.

MilliporeSigma

Mondelez International Inc.

NASDAQ Inc.

NBCUniversal Media LLC

NFL Enterprises LLC

NVIDIA Corp.

National Collegiate Athletic Association

National Consumer Law Center Inc.

National Retail Federation Inc.

Netflix Inc.

Norfolk Southern Corp.

Omni Bridgeway Ltd.

Pac-12 Enterprises LLC

Pacific Legal Foundation

Paddy Power Betfair PLC

Paymentus Holdings Inc.

Paysafe Group PLC

Pegasus Capital Advisors LP

Peloton Interactive Inc.

Penguin Random House LLC

PetroChina Company Limited

Petrobras

Pfizer Inc.

QBE Insurance Group Ltd.

Raymond James Financial Inc.

Roblox Corp.

Sanofi

SentinelOne Inc.

Shamrock Capital Advisors LLC

Simon & Schuster Inc.

Snap Inc.

SoftBank Group Corp.

Solicitors Regulation Authority Ltd.

Space Exploration Technologies Corp.

Spirit Airlines Inc.

Spotify Technology SA

Stryker Corp.

StubHub Inc.

Swissport International Ltd.

Teleflex Inc.

Tesla Inc.

The District of Columbia Bar

The Goldman Sachs Group Inc.

The New York Times Co.

The PNC Financial Services Group Inc.

Toronto-Dominion Bank

Trafigura Group Pte. Ltd.

U.S. Chamber of Commerce

United Talent Agency LLC

University of Virginia

University of the Pacific

Walmart Inc.

Wells Fargo & Co.

YouTube Inc.

Zuora Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

California Labor and Workforce Development Agency

California Supreme Court

Commodity Futures Trading Commission

Companies House

Consumer Financial Protection Bureau

Council on Environmental Quality

Delaware Court of Chancery

Equal Employment Opportunity Commission

European Commission

European Union

Federal Bureau of Investigation

Federal Energy Regulatory Commission

Federal Reserve System

Federal Trade Commission

Food and Drug Administration

National Labor Relations Board

Office of the Comptroller of the Currency

Ontario Securities Commission

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 Fifth Circuit

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Second Circuit

U.S. Department of Commerce

U.S. Department of Justice

U.S. Department of Labor

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 Connecticut

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

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

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 Northern District of Texas

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

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

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

U.S. Environmental Protection Agency

U.S. Government Accountability Office

U.S. House of Representatives

U.S. Office of Personnel Management

U.S. Patent and Trademark Office

U.S. Postal Service

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court

United States District Court for the District of Colorado

United States District Court for the Northern District of Ohio