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 Texas Dismisses Securities Fraud Class Action Against Telecommunications Company
On June 16, 2025, Chief Judge David C. Godbey of the United States District Court for the Northern District of Texas dismissed a putative securities class action against a telecommunications company (the “Company”) and several of its executives (the “Individual Defendants”) asserting claims under Sections 10(b) and 20(a) of the Securities Exchange Act (the “Exchange Act”) and Rule 10b-5. In re AT&T Sec. Litig., No. 3:24-CV-01196-N (N.D. Tex. June 16, 2025).Read More
Government/Regulatory Enforcement
DOJ Releases New FCPA Enforcement Guidelines
On June 9, 2025, the U.S. Department of Justice (DOJ) released new guidelines for investigating and enforcing the Foreign Corrupt Practices Act (FCPA), in response to President Trump's February 10, 2025 Executive Order 14209 pausing FCPA enforcement (the Executive Order) pending the issuance of new guidance. The new, more restrictive enforcement guidelines recalibrate FCPA enforcement to more closely align with the enforcement objectives set out in the Executive Order.Read More
M&A and Corporate Governance
Delaware Chancery Vacates Accounting Expert Determinations That Implicated Legal Indemnity Claims
On June 3, 2025, Vice Chancellor Lori W. Will of the Delaware Court of Chancery granted in part and denied in part respective cross-motions for summary judgment in a dispute between a Bitcoin mining company (the “Buyer”) and a data center company (the “Seller”) regarding an accounting expert’s determinations in the post-closing price adjustment process for the transaction. Northern Data AG v. Riot Platforms, Inc., 2023-0650-LWW (Del. Ch. June 3, 2025).Read More
Antitrust Litigation
Northern District Of Illinois Denies Motion To Dismiss Right-To-Repair Complaint Against A Manufacturer Of Agricultural Equipment
On June 09, 2025, the United States District Court for the Norther District of Illinois denied a manufacturer of agricultural equipment (“Defendant”) motion to dismiss in a right-to-repair action brought by the Federal Trade Commission (“the FTC”), accompanied by five states (Arizona, Illinois, Michigan, Minnesota, and Wisconsin). FTC v. Deere & Co., No. 25-CV-50017 (N.D. Ill. June 9, 2025).Read More
Intellectual Property Litigation
Federal Circuit Clarifies Nexus Standard For Secondary Consideration Licensing Evidence
On June 16, 2025, the U.S. Court of Appeals for the Federal Circuit (“CAFC”) vacated and remanded two final written decisions by the Patent Trial and Appeal Board (“PTAB”) that found several claims of Ancora Technologies, Inc.’s (“Ancora”) U.S. Patent No. 6,411,941 (the “’941 patent”) unpatentable as obvious. Ancora Techs., Inc. v. Roku, Inc., No. 2023-1647, 2025 WL 1679967 (Fed. Cir. Jun. 16, 2025).Read More