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Compliance
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February 20, 2025
FCPA Shake-Up May Open Bribery Loophole
New guidelines in the works for Foreign Corrupt Practices Act enforcement under President Donald Trump's administration could dramatically alter how American companies do business overseas while potentially opening the door for foreign bribery when it arguably advances U.S. interests, and the looming changes are creating an unsettled environment for attorneys who practice in the space, experts say.
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February 20, 2025
'Lawsuit Protection' Co. Fined In Ohio For Unlicensed Practice
A legal consulting firm that markets itself as a "comprehensive lawsuit protection company" serving medical practices was hit with a fine on Thursday by the Ohio Supreme Court for practicing law in the state without a license for more than a decade.
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February 20, 2025
BakerHostetler Environmental Pro Jumps To Morgan Lewis
Morgan Lewis & Bockius LLP has hired the former national co-chair of BakerHostetler's environmental team as a partner in its environmental litigation practice, the firm said Thursday.
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February 20, 2025
Ex-Opioid CEO's Billing Spat With Trial Atty Lands In Court
A Manhattan federal judge teed up a briefing schedule Thursday after a fight over expenses erupted between convicted former opioid CEO Laurence Doud and the lawyer who represented him at his criminal trial, who says Doud still owes $150,000.
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February 20, 2025
8th Circ. Revives States' Challenge To EEOC Pregnancy Regs
The Eighth Circuit ruled Thursday that a group of 17 red states have the right to sue the U.S. Equal Employment Opportunity Commission over its finalized Pregnant Workers Fairness Act rule, reviving their challenge to abortion-related components of the regulations.
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February 19, 2025
Eaton Fire Class Action Blames SoCal Edison Power Lines
Southern California Edison was hit with a proposed class action Tuesday alleging that its failure to maintain its electrical grid and shut down power lines during fire weather conditions sparked the Eaton Fire that killed 17 people and destroyed more than 9,000 structures in Altadena, California.
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February 19, 2025
Trump Is Defying Order To Unfreeze Foreign Aid, Groups Say
The Trump administration is "brazenly" defying an order to restore foreign assistance funding, a pair of aid organizations told a Washington, D.C., federal judge Wednesday, asking the court to enforce its temporary restraining order and to sanction the government officials until they comply.
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February 19, 2025
2nd Circ. Affirms 'Reverse Redlining' Verdict Against Lender
A split Second Circuit panel Wednesday upheld a jury verdict finding Emigrant Mortgage Co. engaged in "reverse redlining" by targeting Black and Latino homeowners with predatory loans, affirming the claims began accruing when the plaintiffs learned they were the victims of discrimination and not when the loans were signed.
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February 19, 2025
Contractors' Group Asks DC Judge To Halt Gutting Of USAID
A group representing U.S. citizen personal services contractors working for the U.S. Agency for International Development is the latest to ask a federal judge to step in and block the Trump administration's push to gut the agency and its operations.
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February 19, 2025
Judge Probes Vagueness In Suit Over Trump's Anti-DEI Orders
A Baltimore federal judge on Wednesday pressed a U.S. Department of Justice attorney to spell out what would constitute so-called illegal DEI under Trump administration executive orders that aim to root out diversity, equity and inclusion programs in the public and private sectors.
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February 19, 2025
Ex-CNBC Pundit Cops To Scamming Investors Out Of $2.7M
A former frequent CNBC guest pled guilty Wednesday to defrauding investors out of at least $2.7 million, part of a plea deal reached with federal prosecutors after he spent years on the lam.
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February 19, 2025
Constitutional Claims Fail To Stop SEC Insider Trading Suit
A Texas man must face U.S. Securities and Exchange Commission claims that he profited off of inside information about a Boston Scientific acquisition that he learned about from his domestic partner after a federal judge rejected his arguments that the regulator sued him unconstitutionally.
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February 19, 2025
Colorado Joins Fight Against Trump Trans Health Order
Colorado on Wednesday joined Washington and two other states opposing President Donald Trump's executive order targeting federal funding for gender-affirming care for people younger than 19, in an amended complaint that noted Colorado was the first state to include gender-affirming care among essential health benefits.
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February 19, 2025
Civil Rights Groups Move To Block Trump DEI, Gender Orders
Three civil rights organizations told a D.C. federal court in a lawsuit Wednesday against President Donald Trump and numerous federal agencies that three of the White House's recent executive orders discriminated against individuals with HIV as well as Black and transgender people.
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February 19, 2025
Citi Moves To Appeal NY Judge's Wire Fraud Protection Ruling
Citibank NA has asked a New York federal judge for permission to appeal his decision allowing New York's attorney general to move forward with a lawsuit accusing the bank of failing to respond properly to incidents of online wire fraud.
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February 19, 2025
2nd Circ. Backs Amazon In Teri Woods Publishing Dispute
A unanimous Second Circuit panel backed a lower court's decision to dismiss Teri Woods Publishing's copyright and contract claims against Audible and other audiobook distributors on Wednesday, holding that the parties' licensing agreement allowed them to distribute the publisher's works through their subscription-based streaming services.
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February 19, 2025
Lululemon Gets 'Greenwashing' Ads Suit Tossed
Lululemon Athletica Inc. has escaped a proposed class action accusing it of misleading the public into thinking the company is environmentally friendly, after a Florida federal judge tossed the suit because the consumers couldn't make a price-premium connection.
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February 19, 2025
'Death Knell' For SEC Dealer Rule As Regulator Drops Appeal
The U.S. Securities and Exchange Commission on Wednesday dropped its bid to revive its expansion of the dealer definition at the Fifth Circuit after industry groups representing private funds and crypto firms successfully challenged the rule in Texas federal court last year.
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February 19, 2025
Del.'s High-Speed Corporate Law Rework May Blunt Plaintiffs
A fast-moving amendment of Delaware's mainstay corporation law, aimed in part at curbing big fees, limiting some breach of fiduciary claims and stemming a perceived corporate exodus, has left plaintiffs attorneys playing catch-up as the recently revealed measure heads toward a first hearing next month.
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February 19, 2025
PVC Pipe Giant Atkore Discloses DOJ Grand Jury Probe
Atkore Inc.'s antitrust woes have grown from civil price-fixing litigation targeting the company's PVC pipe manufacturing, according to a new investor filing disclosing a U.S. Department of Justice criminal investigation.
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February 19, 2025
COVID Fraudsters Get Prison For Trying To 'Make A Buck'
Two Florida men who pled guilty to running a scheme that defrauded businesses of millions during the pandemic by bilking them on orders of face masks and other protective equipment were sentenced to prison by a Georgia federal judge Wednesday.
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February 19, 2025
FERC Watchers Seek Clarity As Trump Curbs Agency Powers
Energy industry representatives hope to get some clarity from Federal Energy Regulatory Commission members at the agency's monthly open meeting on Thursday, as uncertainty over the commission's future swells in the wake of President Donald Trump's moves to curb independent agencies' powers.
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February 19, 2025
Energy Credit Market Still Robust Amid Uncertainty, Attys Say
Companies continue to buy and sell valuable tax credits earned from large-scale clean energy tax development projects despite President Donald Trump's active efforts to undermine renewable energy and cut the federal workforce administering the incentives, practitioners said Wednesday.
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February 19, 2025
FTC 'Independence' When Dissent Can 'Get You Fired'
The independence of agencies meant to run separately from the executive branch is on the chopping block and observers say that while the Federal Trade Commission already aligns itself with the White House to a large degree, unrestricted presidential power over commissioners could reshape the FTC in important ways.
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February 19, 2025
Robinhood Says It Faces New Scrutiny From States, FDIC
Online brokerage Robinhood is facing investigations from Massachusetts' state securities regulator and the Federal Deposit Insurance Corp. alongside an ongoing probe from the New York attorney general, the firm disclosed in its latest filing with the U.S. Securities and Exchange Commission.
Expert Analysis
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What Vinyl Acetate's Prop 65 Listing Means For Cos.
California's recent move to add vinyl acetate to the Proposition 65 list of carcinogens, with enforcement starting later this year, will have sweeping compliance and risk implications for businesses in the retail, food and beverage, paint, adhesive, industrial manufacturing, and personal care product industries, say attorneys at Alston & Bird.
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How Cos. Can Respond To CFPB Digital Asset Safeguard Plan
Though the Consumer Financial Protection Bureau’s proposal to regulate online payment platforms via existing federal laws would create new challenges, digital payment companies that engage with the rulemaking process could help shape a win-win regulatory framework that protects consumer data and ensures the sector’s growth, says Allison Raley at Arnall Golden.
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EEOC Wearable Tech Guidance Highlights Monitoring Scrutiny
The U.S. Equal Employment Opportunity Commission's recent fact sheet on wearable technologies cautions against potential issues with federal anti-discrimination laws and demonstrates growing concern from regulators and legislators about intrusive technologies in the workplace, say attorneys at Littler.
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Navigating The Potential End Of GLP-1 Drug Shortages
The U.S. Food and Drug Administration's determination of whether GLP-1 products are in shortage may affect how compounders provide these products and spur a range of litigation including patent disputes and unfair competition suits, say attorneys at Goodwin.
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Politicized OIGs Could Target Federal Employees, Contractors
After President Donald Trump fired nearly 20 inspectors general last week, it’s worth exploring how the administration could use Offices of Inspectors General to target federal employees and contractors, why it would be difficult to fight this effort, and one possible bulwark against the politicization of these watchdogs, says Sara Kropf at Kropf Moseley.
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Future Of Crypto-Asset Classification Is In 2nd Circ.'s Hands
A definitive ruling from the Second Circuit in a rare interlocutory appeal in the U.S. Securities and Exchange Commission's ongoing court battle with Coinbase could finally establish clear guidelines on the classification of digital assets, influencing how they are regulated and traded in the U.S., say attorneys at Manatt.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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More Environmental Claims, More Greenwashing Challenges
As companies prepare for the 2025 greenwashing landscape, they should take heed of a D.C. appellate decision that shows that environmental claims are increasingly subject to attack and provides plaintiffs with a playbook for challenging corporate claims of sustainability, say attorneys at Sidley.
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Trump Likely To Prioritize Trade, Customs Fraud Enforcement
With the evasion of tariffs and duties a probable focus for the U.S. Department of Justice and its partners under President Donald Trump, businesses should carefully monitor supply chains to avoid enforcement targeting, say attorneys at Shook Hardy.
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Overseas Investment Rule Calls For Compliance Caution
Investors should be leery of who and what they are investing in now that the federal outbound investment regime, effective Jan. 2, has extended the governement's regulatory reach to businesses and parties not previously subject to trade restrictions, says Thaddeus McBride at Bass Berry.
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Assessing Gary Gensler's Legacy At The SEC
Gary Gensler's tenure as U.S. Securities and Exchange Commission chair is defined by a record of commonsense regulation in some areas and social activism in others, and by increasing judicial skepticism about the SEC's authority to fulfill its regulatory, enforcement, administrative law and adjudicatory functions, say attorneys at Arnold & Porter.
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5 Factors From Biden's Final Worker Antitrust Guidelines
The recent Federal Trade Commission and the U.S. Department of Justice's joint antitrust guidelines for business activities affecting workers cap a flurry of final announcements from the Biden administration, but it's unclear whether the agencies will maintain their support for these measures in the Trump administration, say attorneys at Simpson Thacher.
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Calif. Cannabis Decision Deepens Commerce Clause Divide
In Peridot Tree v. Sacramento, the Eastern District of California joined a growing minority of courts that have found the dormant commerce clause inapplicable to state-regulated marijuana, and the Ninth Circuit will soon provide important guidance on this issue, say attorneys at Perkins Coie.
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7 Steps To Sell Corporate Leadership On Privacy Compliance
In celebration of the 17th annual Data Privacy Day, compliance professionals shouldn't take no for an answer when they request funding and other support for their privacy initiatives — instead, consider new ways to get leaders on board, says Liisa Thomas at Sheppard Mullin.
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Takeaways From DOJ Fraud Section's 2024 Year In Review
Attorneys at Paul Weiss highlight notable developments in the U.S. Department of Justice Fraud Section’s recently released annual report, and discuss what the second Trump administration could mean for enforcement in the year to come.