Intellectual Property

On August 29, 2025, PepsiCo, Inc. (“PepsiCo”) and Celsius Holdings, Inc. (“Celsius Holdings”) announced an agreement to strengthen their long-term strategic partnership. As part of the agreement, (i) Celsius Holdings’ Alani Nu brand will move to the PepsiCo distribution system in the U.S. and Canada, (ii) PepsiCo has acquired $585 million in newly issued convertible 5% preferred stock while extending its existing preferred stock to the same conversion period and (iii) Celsius Holdings has acquired the Rockstar Energy brand in the U.S. and Canada from PepsiCo. PepsiCo will continue to own the Rockstar brand internationally. Celsius Holdings will become the strategic energy lead in the U.S. managing the Celsius, Alani Nu and Rockstar Energy brands, while PepsiCo will lead distribution for the Celsius Holdings portfolio in the U.S. and Canada. Cravath is representing PepsiCo in connection with the transaction.

On August 14, 2025, Fitch Learning, a global leader in financial learning and professional certifications, announced it signed an agreement with Moody’s to acquire two of their businesses, Moody’s Analytics Learning Solutions, a global provider of credit training, and the Canadian Securities Institute, a leading provider of professional certifications for the Canadian financial services industry. Cravath is representing Fitch Learning in connection with the transaction.

On August 10, 2025, International Money Express, Inc. (“Intermex”) and The Western Union Company (“Western Union”) announced they have entered into a definitive agreement under which Western Union will acquire Intermex in an all‑cash transaction at $16.00 per share, representing a total equity and enterprise value of approximately $500 million. Cravath is representing Intermex’s Strategic Alternatives Committee in connection with the transaction.

On August 7, 2025, Paramount Global and Skydance Media (“Skydance”) announced the completion of their merger, creating a standalone global media and entertainment company, Paramount, a Skydance Corporation (“Paramount”). Paramount Class B shares will begin trading today on the Nasdaq Stock Market LLC under “PSKY.” Cravath represented the Paramount Special Committee in connection with the transaction.

On August 5, 2025, ESPN, a subsidiary of The Walt Disney Company (“Disney”), and the National Football League (“NFL”) announced a non‑binding agreement under which ESPN will acquire NFL Network and certain other media assets owned and controlled by the NFL, including NFL’s linear RedZone Channel and NFL Fantasy, in exchange for a 10% equity stake in ESPN. The NFL and ESPN are also entering into a second non‑binding agreement, under which the NFL will license to ESPN certain NFL content and other intellectual property to be used by NFL Network and other assets. Cravath is representing Disney and ESPN in connection with the transaction.

Cravath partner David J. Kappos participated in the 2025 Global Forum on Intellectual Property, IP Week @ SG 2025, which was hosted by the Intellectual Property Office of Singapore from August 26–27, 2025 in Singapore. Dave spoke on two panels during the forum. The first, entitled “Greening with IP: From Trade Marks to Brands,” explored how trademarks and branding can support sustainability outcomes and addressed legal intricacies related to “going green,” including the risks of greenwashing, building responsible brands and navigating the associated legal landscape. The second panel, entitled “Beyond Battlegrounds: From Territorial Considerations to Strategic Forum Selection,” examined the strategic factors that influence forum selection in IP disputes and provided insights into the comparative advantages of mediation, arbitration and litigation, as well as the use of litigation insurance and third-party funding as tools for financial and risk management.

On July 31, 2025, Intellectual Asset Management (IAM) and World Trademark Review (WTR) published an article authored by Cravath partner David J. Kappos and associate Callum A.F. Sproule. The article, entitled “Navigating IP Landmines in the Age of AI: What Companies Need to Know” in IAM and “AI and IP: What Companies Need to Know to Avoid Legal Landmines” in WTR, discusses the growing uncertainty surrounding the protectability of AI‑generated content under existing copyright, patent, trademark and trade secret frameworks. It outlines the key legal risks businesses face when using generative AI, including questions of human authorship, enforceability, infringement and data security and offers guidance on how companies can adapt their IP strategies to mitigate exposure.

On July 11, 2025, the Oxford Business Law Blog published an article by Cravath partner David J. Kappos entitled “Ten Reasons Why the UK Should Join Europe's Unified Patent Court.” The article examines the potential benefits of the United Kingdom joining the Unified Patent Court, outlining legal, economic and strategic outcomes including increased influence over European patent policy, reduced costs and complexity for UK patentees and enhanced support for innovation infrastructure. 

On July 10, 2025, Cravath partner David J. Kappos delivered a guest lecture to students in the Master of Business and Science (“MBS”) program at Rutgers University, as part of the Fundamentals of Intellectual Property class. The course, designed to teach MBS students the practical and strategic foundations of intellectual property, including how to protect, evaluate, negotiate and commercialize IP assets across industries, features guest lectures from scientists, executives and patent attorneys who are experts in the IP field.

Cravath partner David J. Kappos, of counsel Kathryn‑Ann Stamm and associate Vincent Joralemon co‑authored an article entitled “Non‑Disclosure Agreements Shield Buyers and Sellers in M&A Deals,” which was published in Bloomberg Law on May 29, 2025. The article, which reviews recent court decisions regarding the enforcement of non‑disclosure agreements (“NDAs”), provides an overview of how NDAs protect both buyers and sellers in all types of strategic transactions, including mergers and acquisitions, the clear parameters that must be established to ensure NDA enforceability and the rights, responsibilities and available remedies for the parties involved.