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
Northern District Of California Dismisses Putative Securities Class Action Against Value Grocery Retailer Without Prejudice
On September 16, 2026, Judge Jon S. Tigar of the United States District Court for the Northern District of California dismissed a putative securities class action against a value grocery retailer (the “Company”) and its former CEO and CFO (collectively, “Defendants”). In re Grocery Outlet Holding Corp. Sec. Litig., No. 4:25-cv-957-JST (N.D. Cal. Sept. 16, 2026).Read More
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
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 Court Of Chancery Invalidates Board’s Rejection Of Activist’s Director Nomination Notice
On August 28, 2026, Vice Chancellor Lori W. Will of the Delaware Court of Chancery in a post-trial decision on expedited claims invalidated the board of directors’ rejection of an activist investor’s nomination notice in a proxy context involving a publicly traded corporation that holds Bitcoin as a primary asset (the “Company”). ATG Cap. Opportunities Fund LP v. Lane, C.A. No. 2026-0447-LWW (Del. Ch. Aug. 28, 2026). Read More
Delaware Chancery Counts Stockholder Consents Obtained Post-Litigation in Majority Vote Removing Director
On September 15, 2026, Chancellor Kathaleen McCormick entered post-trial judgment for defendant after a summary proceeding under Section 225 of the Delaware General Corporation Law (the “DGCL”), which governs proceedings for contested board seats, challenging plaintiff’s removal from the board of directors of a private security technology company. Freiberg v. Xonar Tech. Inc., C.A. No. 2026-0093-KSJM (Del. Ch. Sept. 15, 2026). Read More
Antitrust Litigation
Michigan Court Dismisses Energy Antitrust Suit For Lack Of Standing
On September 22, 2026, Judge Jane M. Beckering of the U.S. District Court for the Western District of Michigan dismissed with prejudice a federal antitrust action brought by the State of Michigan against four energy companies and the American Petroleum Institute (“API”). People of the State of Michigan v. BP, P.L.C., et al., No. 1:26-cv-254 (W.D. Mich. Sept. 22, 2026).Read More
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
Intellectual Property Litigation
Ninth Circuit Finds LLM Coding Agent Outputs Did Not Violate Digital Millenium Copyright Act by Not Including Attribution
In Doe v. GitHub, Inc., No. 24-7700 (9th Cir. Sept. 16, 2026) the United States Court of Appeals for the Ninth Circuit, on interlocutory appeal, affirmed a district court dismissal of claims under the DMCA related to LLM-based coding tools trained on open-source code.Read More
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