In a notable clarification of removal and arbitration procedure, the Fifth Circuit in Odom Industries, Inc. v. Sipcam Agro Solutions, LLC, No. 24-60410 (5th Cir. June 4, 2025), held that a defendant may remove a case to federal…
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/ Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts
On June 5, 2025, the Supreme Court declined to decide the question, certified in Laboratory Corp. of America Holdings v. Davis, as to “[w]hether a federal court may certify a class action pursuant to Federal Rule of Civil…
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/ Civil Procedure, Constitutional Law
In late 2024, the Australian Government enacted a series of reforms to the Privacy Act 1988 (Cth). The new statutory tort for serious invasion of privacy was introduced and passed under the Privacy and Other Legislation…
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/ Privacy, Science, Computers, & Technology
Derivatives market participants and exchanges can breathe a little easier now that Staff of the Market Participants Division and the Division of Market Oversight of the Commodity Futures Trading Commission (CFTC or Commission)…
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/ Administrative Law, Finance & Banking, International Law & Trade
On May 29, 2025, the Department of Health and Human Services (“HHS”) rescinded its July 11, 2022 guidance (Ref. QSO-22-22-Hospitals) (the “2022 Guidance”) clarifying how the Emergency Medical Treatment and Labor Act of 1965…
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/ Administrative Law, Conflict of Laws, Health
The Securities and Exchange Commission’s (SEC) Division of Corporation Finance released a statement articulating its position that certain cryptocurrency staking activities fall outside the federal securities laws. This…
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/ Administrative Law, Finance & Banking, Securities Law
As commissioners continue to depart, the Commodity Futures Trading Commission (CFTC or Commission) may soon find itself in an unprecedented situation - operating with only one sitting commissioner. While the Commission has…
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/ Administrative Law, Finance & Banking, Securities Law
The UK government has launched a consultation on introducing mandatory ethnicity and disability pay gap reporting for certain employers. The consultation closes on 30 June 2025. This consultation applies to ‘large employers’ and…
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/ Civil Rights, Labor & Employment Law
Commercial lenders in Texas should be made aware of the Texas Supreme Court’s new decision in American Pearl Group, LLC v. National Payment Systems, LLC, No. 24-0758. In that case, the Court clarified the “actuarial method” for…
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/ Commercial Law & Contracts, Finance & Banking
The Commodity Futures Training Commission’s (“CFTC”) Division of Market Oversight and Division of Clearing and Risk issued an advisory (the “Staff Advisory”) reminding designated contract markets (“DCMs”) and derivatives…
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/ Administrative Law, Finance & Banking
On April 30, 2025, Katten hosted Loyola University Chicago's Family Business Center for the "Family Business Through a Legal Lens" program. Private Wealth Partner Adam Damerow and Loyola University Chicago School of Law…
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/ Business Organizations, Taxation, Wills, Trusts, & Estate Planning
Securities and Exchange Commission (SEC) Chairman Paul S. Atkins recently directed SEC staff to conduct a review of the Consolidated Audit Trail (CAT), focusing on the escalating costs, reporting requirements, and cybersecurity…
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/ Privacy, Science, Computers, & Technology, Securities Law
Since 2002, the staff of the US Securities and Exchange Commission (SEC) consistently issued comments during the registration statement review process to closed-end funds (CEFs) registered under the Investment Company Act of…
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/ Business Organizations, Finance & Banking, Securities Law
Derivatives market participants continue to process the implications of two significant interpretive letters issued by the Commodity Futures Trading Commission (CFTC) staff earlier this year. Letter 25-09 effectively eliminates…
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/ Administrative Law, Commercial Law & Contracts, Finance & Banking
In our prior two posts, we’ve delved into the memorandum issued by the Head of the Department of Justice’s (Department) Criminal Division, Matthew R. Galeotti—"Focus, Fairness, and Efficiency in the Fight Against White-Collar…
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/ Administrative Law, Business Organizations, Criminal Law
