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Cravath’s London Office Moves to 100 Cheapside

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News & Insights

IAM Publishes Article by Dave Kappos on the Unified Patent Court’s FRAND Decisions

December 22, 2025

On December 20, 2025, Intellectual Asset Management (“IAM”) published an article written by Cravath partner David J. Kappos and associate Leslie Liu entitled “The UPC Should Follow German Courts’ Pro‑Innovation Approach to FRAND Cases.” The article discusses the Unified Patent Court (“UPC”)’s approach in deciding FRAND cases, arguing that the UPC should follow the German courts’ “pro‑innovation” practice of deferring to the market to set FRAND rates rather than attempting to do so itself.

Related Practices & Industries

  • Corporate
  • IP and Strategic Tech Transactions

Authors

Photo
Name
David J. Kappos
Title
Corporate
Title
Partner
Email
dkappos@cravath.com
Phone
+1-212-474-1168
vCard
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    Education

    • J.D., 1990, University of California, Berkeley, School of Law
    • B.S., 1983, University of California, Davis
      summa cum laude

    Admitted In

    • New York
    • California
    • District of Columbia

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    On November 25, 2025, Robinhood Markets, Inc. (“Robinhood”) announced it is extending its prediction markets offering through a new joint venture and partnership with Susquehanna International Group (“Susquehanna”) to operate a CFTC-licensed exchange and clearinghouse. Robinhood will serve as the controlling partner. The independent joint venture will serve Futures Commission Merchant platforms with futures and derivative products, including prediction markets. The venture will accelerate delivery of its services by acquiring MIAXdx, a CFTC-licensed Designated Contract Market, Derivatives Clearing Organization and Swap Execution Facility, and wholly-owned subsidiary of Miami International Holdings, Inc. (“MIAX”). MIAX will remain invested through a strategic 10% equity stake in the exchange. Cravath is representing Robinhood in connection with the transaction.

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    November 17, 2025

    MSI’s $1.44 Billion Investment in Barings

    On November 17, 2025, Mitsui Sumitomo Insurance Co., Ltd. (“MSI”), a leading Japanese insurance company and subsidiary of MS&AD Insurance Group Holdings, Inc., announced it has agreed to acquire an 18% equity interest in Barings LLC (“Barings”), an asset management company and wholly owned subsidiary of Massachusetts Mutual Life Insurance Company (“MassMutual”), from MassMutual. MassMutual will receive approximately $1.44 billion as a result of the transaction. Barings will continue to operate as an independent subsidiary of MassMutual. Cravath is representing MSI in connection with the transaction.

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    Occidental’s $9.7 Billion Sale of OxyChem to Berkshire Hathaway

    On October 2, 2025, Occidental, an international energy company, and Berkshire Hathaway announced a definitive agreement for Berkshire Hathaway to acquire Occidental’s chemical business, OxyChem, in an all‑cash transaction for $9.7 billion, subject to customary purchase price adjustments. Cravath is representing Occidental in connection with the transaction.

    Deals & Cases

    September 22, 2025

    Jefferies and SMBC Group’s Significant Expansion of Global Strategic Alliance

    On September 19, 2025, Jefferies Financial Group, Inc. (“Jefferies”) and Sumitomo Mitsui Financial Group, Inc., Sumitomo Mitsui Banking Corporation and SMBC Nikko Securities Inc. (collectively, “SMBC Group”) announced they are significantly expanding their Global Strategic Alliance. This will include a joint venture to combine their Japanese equities and ECM businesses. As part of this expansion, SMBC intends to increase its equity ownership in Jefferies to up to 20% in the open market. Cravath is representing Jefferies in connection with the transactions.

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