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  • Article

    The Wait For Clarity On The Scope And Size Of Class Actions Continues

    It seems like the clarity consumers and businesses were hoping for regarding the limits on the scope and size of class actions will take a bit longer to arrive.
    United StatesLitigation, Mediation & Arbitration
    Boies Schiller Flexner LLP
    Boies Schiller Flexner LLP
  • Article

    What Mock Exercises Reveal That Briefs Cannot

    Retired U.S. District Court Judge Shira Scheindlin reveals how mock exercises and simulated hearings expose critical weaknesses in legal arguments that written briefs cannot capture. Through real-time testing, attorneys discover which arguments resonate with judges and where their persuasive strategies fall short, gaining a decisive courtroom advantage.
    United StatesLitigation, Mediation & Arbitration
    Boies Schiller Flexner LLP
    Boies Schiller Flexner LLP
  • Article

    Remembering Virginia Giuffre

    Virginia Giuffre's relentless pursuit of justice inspired countless individuals around the world to speak out and seek justice for the horrors of sexual trafficking.
    United StatesCriminal Law
    Boies Schiller Flexner LLP
    Boies Schiller Flexner LLP
  • Article

    Subsea Cable Sabotage: Underwater, Underprotected, And Under Attack!

    In September 2025, 15 undersea cables in the Bab el Mandeb Strait (Red Sea) were severed, resulting in increased latency and widespread internet disruptions across the Middle East and South Asia.
    United StatesMedia, Telecoms, IT, Entertainment
    Boies Schiller Flexner LLP
    Boies Schiller Flexner LLP
  • Article

    The Perils Of Using AI (As Learned By Lawyers Representing Anthropic)

    Anthropic is one of the world's leading AI companies through its LLM Claude. Latham & Watkins is one of the world's leading law firms. Mix them together, and you end up with today's latest cautionary tale of over-reliance on AI by lawyers.
    United StatesTechnology
    Boies Schiller Flexner LLP
    Boies Schiller Flexner LLP
  • Article

    Oral Arguments Heard In Fannie Mae Shareholders Class Action

    Boies Schiller Flexner defended an $812 million judgment before the D.C. Circuit Court of Appeals in a landmark case involving Fannie Mae and Freddie Mac shareholders challenging the Net Worth Sweep. The firm argued that the government's decision to divert all profits to Treasury was unprecedented, arbitrary, and breached shareholders' reasonable expectations and the implied covenant of good faith.
    United StatesLitigation, Mediation & Arbitration
    Boies Schiller Flexner LLP
    Boies Schiller Flexner LLP
  • Article

    Are The Tides Turning In Delaware For Activist Shareholders?

    As I previously wrote about in an article for Bloomberg Law, activists have generally not been successful in getting meaningful relief from Delaware courts when it comes to advance notice bylaw challenges.
    United StatesCorporate/Commercial Law
    Boies Schiller Flexner LLP
    Boies Schiller Flexner LLP
  • Article

    Rethinking Disclosure Requirements In This Shifting Political Landscape

    In the wake of the Trump administration's continued attempts to eliminate corporate DEI programs and initiatives, public companies are finding themselves stuck between a rock and a hard place.
    United StatesCorporate/Commercial Law
    Boies Schiller Flexner LLP
    Boies Schiller Flexner LLP
  • Article

    Be Careful What You Ask For (At DOJ)

    Most headlines about today's remarks by DOJ Criminal Division Head Matthew R. Galeotti will concern his announcement that the much-reported "pause" on FCPA enforcement – instituted by the President in a February Executive Order – is over.
    United StatesCriminal Law
    Boies Schiller Flexner LLP
    Boies Schiller Flexner LLP
  • Article

    Televising Supreme Court Oral Arguments & Congressional Power

    On April 23, C-SPAN sent the U.S. Supreme Court a letter asking permission to televise the May 15 oral arguments concerning issues related to President Trump's birthright citizenship executive order.
    United StatesLitigation, Mediation & Arbitration
    Boies Schiller Flexner LLP
    Boies Schiller Flexner LLP
  • Article

    Autonomous Vehicles And Antitrust

    It has taken a little longer than I expected when I first began writing about driverless cars a decade ago, but autonomous vehicles are here and will eventually be ubiquitous. USA Today recently described how Robotaxis are taking hold, while the Financial Times has reported on how driverless trucks will revolutionize freight transportation.
    United StatesTransport
    Boies Schiller Flexner LLP
    Boies Schiller Flexner LLP
  • Article

    DOJ's Announcement Of New Criminal Antitrust Whistleblower Program Raises Important Questions

    Yesterday, the U.S. Department of Justice's Antitrust Division announced a new Whistleblower Program. Under this program, a "whistleblower" who reports criminal antitrust conduct to the Department may receive 15-30% of any fine that may result from the whistleblower's report.
    United StatesAntitrust/Competition Law
    Boies Schiller Flexner LLP
    Boies Schiller Flexner LLP
  • Article

    Supreme Court Curbs Shareholder Suits Under The Investment Company Act

    Closed-end funds have been the target of significant shareholder activism. In its June 11 opinion in FS Credit Opportunities Corp. v. Saba Capital Master Fund, Ltd., the U.S. Supreme Court curtailed a potent activist...
    United StatesCorporate/Commercial Law
    Boies Schiller Flexner LLP
    Boies Schiller Flexner LLP
  • Article

    Second Circuit Clarifies That Independent Actions Taken By ECSPs To Rout Out CSAM From Their Platforms Do Not Trigger Fourth Amendment Scrutiny

    Last week, in United States v. Wesley Guard, the U.S. Court of Appeals for the Second Circuit held that the mobile messaging app Kik's review of a user's electronic accounts and data...
    United StatesCriminal Law
    Boies Schiller Flexner LLP
    Boies Schiller Flexner LLP
  • Article

    New Frameworks Not Required To Address The Constitutional Boundaries Of Privacy Statutes

    The commercial use and exploitation of personal data continues to bump up against data privacy laws, which have proliferated.
    United StatesPrivacy
    Boies Schiller Flexner LLP
    Boies Schiller Flexner LLP
  • Article

    DOJ’s Inquiries Into Gender-Affirming Care Face Mounting Legal Challenges

    The Department of Justice’s investigations into providers of gender-affirming medical care are putting the department on a collision course with both providers seeking to quash the subpoenas as unlawful...
    United StatesCriminal Law
    Boies Schiller Flexner LLP
    Boies Schiller Flexner LLP
  • Article

    How To Ask A Jury For Billions—Without Losing Credibility

    One of the hardest strategic questions for plaintiffs' lawyers is when and how to introduce a jury to massive damages numbers. In cases involving egregious conduct—like the $1.2 billion...
    United StatesLitigation, Mediation & Arbitration
    Boies Schiller Flexner LLP
    Boies Schiller Flexner LLP
  • Article

    'Advice Of Counsel' Is No Silver Bullet

    In a decision issued on Monday, June 2 in United States v. Denkberg, the U.S. Court of Appeals for the Second Circuit sent an important reminder that "advice of counsel," while potentially a strong defense to civil or criminal accusations ...
    United StatesMedia, Telecoms, IT, Entertainment
    Boies Schiller Flexner LLP
    Boies Schiller Flexner LLP
  • Article

    When It Comes To Our Children, Social Media Companies Cannot Be Trusted To Self-Regulate

    Another day brings another report about the perils of allowing Big Tech to self-regulate when it comes to our children. In releasing Teen Accounts in September 2024, Meta stated that "teens will be placed into the strictest setting of our sensitive content control, so they're even less likely to be recommended sensitive content, and in many cases we hide this content altogether from teens, even if it's shared by someone they follow."
    United StatesMedia, Telecoms, IT, Entertainment
    Boies Schiller Flexner LLP
    Boies Schiller Flexner LLP
  • Article

    What's Next For AI Regulation And Litigation?

    The Trump Administration's new AI Executive Order emphasizes innovation over regulation, while Florida launches a groundbreaking lawsuit against OpenAI alleging product defects and safety failures. As federal efforts to preempt state AI regulation face pushback, states are emerging as the primary battleground for AI accountability and governance.
    United StatesTechnology
    Boies Schiller Flexner LLP
    Boies Schiller Flexner LLP

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