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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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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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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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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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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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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'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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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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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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CORPORATE

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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SECURITIES & BANKING

'New' Facts Don't Permit Do-Over, Kraft-Heinz Tells Chancery

By Leslie A. Pappas

An institutional shareholder of The Kraft-Heinz Co. is not entitled to a "do-over" on an insider trading lawsuit that Delaware's Court of Chancery dismissed in 2021 because the supposed "new evidence" it offers isn't actually new and wouldn't have made any difference in the case, the company said Thursday.

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Ex-Fund Manager Settles SEC's $264M Offering Fraud Claims

By Emilie Ruscoe

A former private fund manager has agreed to pay $250,000 to resolve U.S. Securities and Exchange Commission claims he violated securities fraud laws by making promises that funds he handled would invest almost $264 million that they did not actually have on hand in issuers, including two special purpose acquisition vehicles.

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CRYPTO & FINTECH

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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House Passes Bill To Block Fed-Issued Digital Dollar

By Aislinn Keely

The U.S. House of Representatives on Thursday passed a bill that would prohibit the Federal Reserve from issuing a digital dollar in a vote that fell starkly along party lines, with Democrats decrying the bill as fearmongering over privacy concerns and a departure from the previous day's bipartisan passage of a regulatory framework for digital assets.

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Ex-Bank CEO Cops To Embezzling $47M To Pay Crypto Scam

By Gina Kim

Heartland Tri-State Bank's former chief executive pled guilty Thursday in Kansas federal court to embezzling $47 million that he wired to cryptocurrency accounts controlled by fraudsters after falling victim to a "pig butchering" scam, which led to the bank's collapse and subsequent shutdown last summer.

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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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EMPLOYMENT & BENEFITS

Conn. To Expand Paid Sick Leave To Smaller Businesses

By Grace Elletson

More employees in Connecticut will soon become eligible for paid sick leave after the state's governor gave his blessing on a bill that expands the state's time-off requirements to include smaller businesses.

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CYBERSECURITY & PRIVACY

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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COMPETITION

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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CONSUMER PROTECTION & PRODUCT LIABILITY

Wow Such Basic: Justices Back Crypto Fans In Dogecoin Duel

By Jeff Overley

It's up to judges, not arbitrators, to figure out whether contracts between businesses and consumers have subtly superseded earlier agreements to hash out disputes in arbitration rather than litigation, the U.S. Supreme Court ruled Thursday.

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TAX

Ill. Justices OK $28M Tax Value Appeal Without Payment

By Sanjay Talwani

A power company's property in Illinois was not required to pay disputed property taxes before appealing a valuation, the Illinois Supreme Court affirmed Thursday, upholding a reduction in the assessment of about $28 million.

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US Drops Appeal Of Citigroup's $183M Tax Award At Fed. Circ.

By Anna Scott Farrell

The federal government agreed to stop fighting a ruling that awarded Citigroup $183 million in tax deductions for liabilities belonging to a failing bank it had acquired during the 1980s savings and loan crisis, according to an order Thursday by the Federal Circuit dismissing the appeal.

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TELECOMMUNICATIONS

Man Behind NH Primary Deepfake Faces Charges, FCC Fines

By Christopher Cole

The Democratic consultant accused of making robocalls with a cloned voice of President Joe Biden discouraging voters from taking part in the New Hampshire primary faces a state indictment on 13 felony voter suppression charges and $6 million in potential federal fines.

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FCC Defends Nielsen Data In Low-Power TV Licensing Suit

By Ayden Crosby

The Federal Communications Commission is defending its use of Nielsen statistics to determine if a low-power TV station should receive protections provided under a 2022 law aimed at safeguarding local and rural broadcasting.

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House Panel Pushes AM Radio Bill Forward

By Nadia Dreid

Lawmakers on both sides of the aisle came together to bump a popular proposal to prevent automakers from removing AM radios from their vehicles through to the full committee, with the bill sailing through markup Thursday morning.

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ENERGY & ENVIRONMENTAL

Feds Ask 5th Circ. To Weigh Highway GHG Rule Vacatur

By Linda Chiem

The Biden administration has asked the Fifth Circuit to review a Texas district court's recent decision vacating a Federal Highway Administration rule that would've required states to set targets for reducing greenhouse gas emissions from federally funded highway projects.

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22 States Seek To Defend EPA Heavy-Duty Truck GHG Rule

By Madeline Lyskawa

A coalition of 22 Democrat-led states and four cities moved to intervene on Thursday in defense of the U.S. Environmental Protection Agency's final rule establishing greenhouse gas emission standards for heavy-duty vehicles, arguing that vacating the rule would lead to direct injuries to state lands and resources.

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Green Groups Sue Colo. Over Factory Farm Pollution Regs

By Henrik Nilsson

Two environmental groups on Thursday urged a Colorado state court to review the Centennial state's decision to issue a permit allowing large animal feeding facilities to operate without monitoring requirements, saying waterways and the public are being exposed to dangerous toxins produced by thousands of animals.

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Alaskan Youth Sue State Over $43B Natural Gas Project

By Juan-Carlos Rodriguez

A group of children is suing Alaska to stop a $43 billion liquefied natural gas project, alleging the endeavor violates their rights under the state constitution to a climate system capable of sustaining human life, liberty and dignity.

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EXPERT ANALYSIS

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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Compliance Considerations For New Data Protection Law

Sam Castic at Hintze Law discusses how to determine if your organization is covered by the newly enacted Protecting Americans' Data from Foreign Adversaries Act, the scope of the law's restrictions, and how to go about compliance as its June 23 effective date approaches.

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A Changing Regulatory Landscape For Weight Loss Drugs

As drugs originally approved to treat diabetes become increasingly popular for weight loss purposes, federal and state regulators and payors are increasing their focus on how these drugs are prescribed, and industry participants should pay close attention to rapidly evolving compliance requirements, say attorneys at Goodwin.

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Diving Deep Into Sweeping NY Financing Bill — And Its Pitfalls

A New York bill seeking to impose state usury limits onto a broader variety of financing arrangements and apply lender licensing requirements to more diverse entities would present near-insurmountable compliance challenges for lenders and retailers, say Kate Fisher and Tom Quinn at Hudson Cook.

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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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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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'Legendary' Former NJ Justice Handler Dies At 92

By Jake Maher

Retired Associate Justice Alan B. Handler, who served on the New Jersey Supreme Court from 1977 to 1999, died Thursday at 92, Law360 has learned.

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Alito Flag Displays 'Improper' And 'Dumb,' District Judge Says

By Alison Knezevich

A Massachusetts federal judge is calling out U.S. Supreme Court Justice Samuel Alito for controversial flags reportedly seen flying outside his homes, saying such actions erode public trust in the courts.

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CFTC's Johnson Is Under Consideration For FDIC Top Job

By Jon Hill

The Biden administration is considering Kristin Johnson, a Democratic member of the U.S. Commodity Futures Trading Commission, as a possible candidate to replace Martin Gruenberg at the helm of the Federal Deposit Insurance Corp., Law360 has learned.

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Malware Backdoor Found In Software Used By Courtrooms

By Lauren Berg

Software created by a company that provides digital audiovisual technology to courtrooms, jails and other facilities contains a backdoor associated with malware that disguises itself as a normal update, analysts at a cybersecurity firm reported, warning that "users are at high risk and should take immediate action."

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Analysis

5 Themes That Could Determine Trump's NY Criminal Trial

By Stewart Bishop, Frank G. Runyeon and Rachel Scharf

With closing arguments set for Tuesday morning in Donald Trump's New York hush money case and deliberations on the horizon, here's a look at the themes that have dominated the historic, monthlong trial so far.

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LAW FIRMS IN TODAY'S NEWS

Baker & Hostetler

Bartlett LLP

Bird Marella

Bragar Eagel

Burnham & Gorokhov

C.A. Goldberg PLLC

Caldwell Carlson

Clark Hill

Clifford Chance

Clyde & Co

Cooley LLP

Covington & Burling

Cravath Swaine

Crowell & Moring

DWF LLP

Davidoff Hutcher

Davis Polk

Dorsey & Whitney

Duane Morris

Elsberg Baker

Eversheds Sutherland

Fieldfisher

Fish & Richardson

Fox Rothschild

Fox Williams

Friedlander & Gorris

Friedman Kaplan

Gateley PLC

Gibson Dunn

Goodwin Procter

Greenberg Traurig

Hamlins LLP

Harris St. Laurent

Hausfeld LLP

Haynes & Boone

Hill Dickinson

Hintze Law

Hogan Lovells

Holland & Knight

Horwich Farrelly

Howes Percival

Hudson Cook

Hughes Hubbard

JMW Solicitors LLP

Jones Day

K&L Gates

Kasowitz Benson

KaurMaxwell

King & Spalding

Kirkland & Ellis

Kramer Levin

Latham & Watkins

Littler Mendelson

Marino Tortorella

Mayer Brown

McDermott Will & Emery

McDonald & MacGregor

McElroy Deutsch

McGlinchey Stafford

McKool Smith

Michael Best & Friedrich LLP

Morgan Lewis

Neal Gerber

Pallas Partners

Paul Hastings

Paul Weiss

Penningtons Manches

Poole Huffman

Potter Anderson

Potter Clarkson

Pryor Cashman

Quinn Emanuel

Reed Smith

Robbins Geller

Robbins Schwartz

Rosen Hagood

Saporito Falcone

Saul Ewing

Sidley Austin

Simpson Thacher

Smith Gambrell

Spencer Fane

Steptoe LLP

Welsh & Recker

Wilentz Goldman

Wilkin Chapman

Williams & Connolly

WilmerHale

Winston & Strawn

Withersworldwide

COMPANIES IN TODAY'S NEWS

3G Capital

AXA SA

AXA XL Ltd.

Academy Sports & Outdoors Inc.

Amazon.com Inc.

American Economic Liberties Project

American Hotel & Lodging Association

American Media Inc.

Amgen Inc.

Apple Inc.

Association of National Advertisers Inc.

Atlantic Global Insurance Services

Avolon Holdings Ltd.

Bayerische Motoren Werke AG

BlueCross BlueShield of Massachusetts

Boehringer Ingelheim

Boehringer Ingelheim Vetmedica Inc.

Booz Allen Hamilton Holding Corp.

British Broadcasting Corp.

CVS Health Corp.

Center for Biological Diversity Inc.

Center for Democracy & Technology

Chevron Corp.

Citigroup Inc.

Coinbase Global Inc.

Community Financial Corp.

ConocoPhillips Co.

Corteva Inc.

Cox Communications Inc.

Defender Association of Philadelphia

Deloitte Touche Tohmatsu Ltd.

DuPont de Nemours Inc.

EMCOR Group Inc.

Edison Electric Institute Inc.

Electronic Arts Inc.

Electronic Frontier Foundation

Eli Lilly & Co.

Emerson Electric Co.

Ethereum GmbH

Exxon Mobil Corp.

Federation of State Medical Boards of the United States Inc.

Ferrari SpA

First Bank (Hamilton, NJ)

First Republic Bank

Food & Water Watch

Ford Motor Co.

Fordham University

Franklin Resources Inc.

Glencore PLC

Google LLC

HSBC Holdings PLC

Heartland Tri-State Bank

Hewlett Packard Enterprise Co.

Hilcorp Energy Co.

Honeywell International Inc.

Horizon Therapeutics PLC

Icertis Inc.

Idaho Power Company

Illumina Inc.

Integrys Energy Group Inc.

International Brotherhood of Boilermakers Iron Ship Builders Blacksmiths Forgers & Helpers

International Brotherhood of Electrical Workers

Invesco Ltd.

JPMorgan Chase & Co.

JetBlue Airways Corp.

Jubilee Holdings Ltd.

Live Nation Entertainment Inc.

Major Lindsey & Africa LLC

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

National Association of Broadcasters

National Collegiate Athletic Association

National Consumer Law Center Inc.

National Mining Association

National Retail Federation Inc.

National Rural Electric Cooperative Association

New Jersey State Bar Association

Norfolk Southern Corp.

Novo Nordisk A S

Our Children's Trust

Pac-12 Enterprises LLC

Paysafe Group PLC

Pegasus Capital Advisors LP

Penguin Random House LLC

PetroChina Company Limited

Petrobras

Princeton University

QBE Insurance Group Ltd.

Rapid7 Inc.

Roblox Corp.

Sierra Club

Simon & Schuster Inc.

Snap Inc.

Solicitors Regulation Authority Ltd.

Space Exploration Technologies Corp.

Spirit Airlines Inc.

Spotify Technology SA

StubHub Inc.

Swissport International Ltd.

Tesla Inc.

Texas Public Policy Foundation

The District of Columbia Bar

The Goldman Sachs Group Inc.

Therapeutics Inc.

Trafigura Group Pte. Ltd.

Trump Organization Inc.

U.S. Chamber of Commerce

United Mine Workers of America

University of Virginia

Volkswagen AG

Walmart Inc.

Wells Fargo & Co.

Woodrow Wilson International Center for Scholars

YouTube Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

Centers for Medicare & Medicaid Services

Colorado Department of Public Health and Environment

Commodity Futures Trading Commission

Companies House

Consumer Financial Protection Bureau

Council on Environmental Quality

Delaware Court of Chancery

European Commission

European Union

Executive Office of the President

Federal Bureau of Investigation

Federal Communications Commission

Federal Deposit Insurance Corp.

Federal Energy Regulatory Commission

Federal Highway Administration

Federal Reserve System

Federal Trade Commission

Food and Drug Administration

Illinois Attorney General's Office

Illinois Supreme Court

Internal Revenue Service

International Monetary Fund

National Labor Relations Board

New Jersey Supreme Court

New York State Assembly

Office of the Comptroller of the Currency

Ontario Securities Commission

Texas Department of Transportation

U.S. Attorney's Office for the District of Kansas

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 District of Columbia Circuit

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Department of Energy

U.S. Department of Justice

U.S. Department of Transportation

U.S. Department of the Treasury

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 Nebraska

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 Florida

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. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court

United States District Court for the District of Kansas

United States District Court for the Northern District of Ohio