Welcome to A&O Shearman's Need-To-Know Litigation Weekly, which analyzes notable U.S. decisions, orders and developments each week in areas of Securities Litigation, Government/Regulatory Enforcement, M&A and Corporate Governance, Antitrust Litigation and IP Litigation. This weekly newsletter is intended to supplement our various publications and thought leadership concerning these important substantive areas.
Securities Litigation
District Of Massachusetts Dismisses Putative Class Action Against Gene Therapy Company For Failure To Adequately Allege Misstatements And Scienter
On September 15, 2026, Judge Brian E. Murphy of the United States District Court for the District of Massachusetts dismissed with prejudice a putative class action asserting claims under the Securities Exchange Act of 1934 against a gene therapy company and certain of its executives. In re Sarepta Therapeutics Sec. Litig., 2026 WL 2720122 (D. Mass. Sept. 15, 2026).Read More
Ninth Circuit Amends Opinion Partially Reviving Putative Class Action Against Manufacturer Of Pop Culture Collectibles And Denies Rehearing Petitions
On September 2, 2026, the United States Court of Appeals for the Ninth Circuit amended its opinion affirming in part and reversing in part the dismissal of a putative securities fraud class action against a manufacturer of pop culture collectibles (the “Company”), and its former CEO and former CFO, alleging violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and Rule 10b-5 promulgated thereunder. Constr. Laborers Pension Trust of Greater St. Louis v. Funko Inc., No. 24-4909 (9th Cir. Sept. 2, 2026).Read More
Government/Regulatory Enforcement
CFTC Adopts 30 Percent Presumption For Smaller Whistleblower Awards
On September 11, 2026, the Commodity Futures Trading Commission (“CFTC” or “the Commission”) announced that it had approved a final rule amending its whistleblower rules to increase presumptive payouts for smaller awards.Read More
Consulting Firm Pays $21.5 Million To Settle False Claims Act Allegations Arising From Race And Sex Based Employment Practices
On August 25, 2026, the United States Department of Justice (“DOJ”) announced a $21.5 million settlement with various U.S. affiliated entities of a global tax and consulting firm (“Consulting Firm”) to resolve allegations that the Consulting Firm violated the False Claims Act by knowingly submitting false claims and making false statements to the federal government in connection with race and sex-based employment practices.Read More
M&A and Corporate Governance
Delaware Superior Court Affirms Insurance Coverage Notwithstanding Prior Unreported Related Claim
On June 30, 2026, Judge Patricia A. Winston of the Delaware Superior Court granted plaintiffs’ motion for partial summary judgment against their liability insurers in an insurance denial case. Big V Capital LLC v. Great American Ins. Co., No. N25C-07-046 PAW CCLD (Del. Super. Ct. June 30, 2026).Read More
Delaware Chancery Invalidates Buyer Termination And Orders Specific Performance Of Obligations To Seek Regulatory Clearance For Merger
On August 7, 2026, Vice Chancellor Bonnie W. David of the Delaware Court of Chancery held in a post-trial decision that a software and data analytics company (the “Acquiror”) was not entitled to walk away from its $2.35 billion proposed acquisition of a cloud-based roofing business management platform (the “Target”) based on antitrust regulators’ failure to approve the deal by the merger agreement’s outside termination date. Verisk Analytics, Inc., v. AccuLynx.com, No. 2026-0023-BWD (Del. Ch. Aug. 7, 2026).Read More
Antitrust Litigation
District Court Denies Cardboard-Makers’ Motion To Dismiss In Price-Fixing Class Action
On September 4, 2026, the United States District Court for the Northern District of Illinois denied motions to dismiss claims against major containerboard manufacturers accused of conspiring to fix the prices of containerboard products in violation of Section 1 of the Sherman Act. Artuso Pastry Foods Corp. v. Packaging Corp. of America et al., No. 1:25-cv-08856 (N.D. Ill. Sept. 4, 2026).Read More
Southern District Of New York Dismisses Price-Fixing Claims Against Concrete And Cement Additives Manufacturers
OOn September 2, 2026, Judge Lewis J. Liman of the U.S. District Court for the Southern District of New York dismissed with prejudice all claims against three major defendant concrete and cement additives manufacturers, holding that plaintiff purchasers failed to plausibly allege a conspiracy to fix prices of concrete and cement additives in the United States. In re Concrete and Cement Additives Antitrust Litigation, No. 24-md-3097 (S.D.N.Y.).Read More
Intellectual Property Litigation
Federal Circuit Affirms Summary Judgment Of Noninfringement Based On Limiting Preambles And Denial Of JMOL Of Noninfringement For Substantial Evidence
On September 11, 2026, the United States Court of Appeals for the Federal Circuit affirmed the United States District Court for the Eastern District of Pennsylvania’s grant of summary judgment of noninfringement as to two patents and denial of plaintiff’s motion for judgment as a matter of law (“JMOL”) of infringement as to a third patent. Moskowitz Family LLC v. Globus Medical, Inc., No. 2024-1696 (Fed. Cir. Sept. 11, 2026). Read More
Federal Circuit Affirms District Court’s Decision To Reach A Patent-Eligibility Issue After Concluding Venue Improper
On August 28, 2026, the U.S. Court of Appeals for the Federal Circuit (Judges Prost, Bryson, and Reyna) affirmed a district court’s dismissal of AML’s patent-infringement claims against Bath & Body Works Direct, Inc. and The Buckle, Inc. on two independent grounds: improper venue and patent ineligibility under 35 U.S.C. § 101. The Federal Circuit held that the district court did not abuse its discretion by reaching the patent-eligibility issue after concluding that venue was improper. AML IP, LLC v. Bath & Body Works Direct, Inc., No. 2025-1280 (Fed. Cir. Aug. 28, 2026).Read More