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Compliance
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February 24, 2025
Md. Judge Blocks DOGE Access To Education, OPM Data
A Maryland federal judge on Monday prohibited the U.S. Department of Education and the Office of Personnel Management from continuing to share with Elon Musk's Department of Government Efficiency the sensitive information of federal employees and student aid recipients, saying the agencies likely have violated federal privacy law.
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February 24, 2025
'Fraternal Duty' No Grounds For Conspiracy, 11th Circ. Told
A Georgia man found guilty last year of participating in a bid-rigging and price-fixing scheme for tens of millions of dollars of ready-mix concrete contracts asked the Eleventh Circuit Friday to throw out his conviction, arguing federal prosecutors failed to prove a wide-ranging conspiracy that captured the coastal concrete market.
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February 24, 2025
Robinhood, OpenSea Say SEC Closed Crypto Inquiries
Robinhood said Monday that the U.S. Securities and Exchange Commission "has officially closed" an investigation into its cryptocurrency arm without any enforcement action, joining a growing number of crypto matters the SEC has dropped or paused under the new Trump administration.
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February 24, 2025
PBMs To Challenge FTC Case At 8th Circ., But Without Pause
A Missouri federal judge summarily refused, again, on Monday to temporarily block the Federal Trade Commission's in-house case accusing Caremark Rx, Express Scripts and OptumRx of artificially inflating insulin prices, letting the case proceed while the pharmacy benefits managers appeal to the Eighth Circuit.
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February 24, 2025
Tax Software Co. Says Rival Is The Real Trade Secrets Thief
Corporate-focused tax preparation software company Avalara, accused by Vertex Inc. of poaching workers to steal trade secrets, has asked to file counterclaims, arguing Vertex has actually done the illegal poaching.
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February 24, 2025
Ousted MSPB Chair Defends Humphrey's In Injunction Bid
The Merit Systems Protection Board chair fired by President Donald Trump demanded an injunction to prevent her removal by administration officials, telling a D.C. federal judge that siding with the president's position on the U.S. Supreme Court's Humphrey's Executor ruling would "upend constitutional law."
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February 24, 2025
SEC Could Loosen Income Limits On Startup Investments
The U.S. Securities and Exchange Commission's acting chairman said Monday that the agency is looking at a number of changes aimed at freeing up capital for investment, including the possibility of allowing lower- and middle-income Americans to invest in private, early-stage companies.
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February 24, 2025
3rd Circ. Says $31M Order To Refill Class Funds Isn't Enough
The Third Circuit on Monday vacated and sent back a district court's order for a New Jersey man convicted of stealing $40 million from settlements in stockholder class actions to pay $31 million in restitution, ruling the order didn't fully compensate each victim of the fraud.
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February 24, 2025
Crypto Exchange OKX To Pay $504M For Allowing Illicit Deeds
Cryptocurrency exchange OKX on Monday agreed to pay $504 million in a deal with New York federal prosecutors who said the company ran afoul of U.S. anti-money laundering rules and allowed its platform to be used for more than $5 billion worth of suspicious transactions.
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February 24, 2025
Investors Don't Have 'Shred' Of Fraud Evidence, Exxon Says
Exxon Mobil Corp. has told a Texas federal judge that an investor class doesn't have a "shred of evidence" that the company engaged in the stock inflation scheme the investors allege.
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February 24, 2025
Micron Faces Insider Trading Suit In New Court
A suit accusing Micron Technology Inc.'s brass of selling $70 million worth of stock just before the release of disappointing financial results has been refiled in an Idaho federal court, after an earlier iteration of the suit in a Florida federal court was voluntarily dismissed.
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February 24, 2025
NY Regulator Imposes $20.4M In Fines Against Auto Insurers
New York's insurance regulator announced Monday the agency has concluded a multiyear investigation into auto insurers' failure to report vehicle information to the state Department of Motor Vehicles in a timely manner, resulting in $20.4 million in fines across 37 separate consent orders.
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February 24, 2025
Feds Fight Reinstatement Of Ousted Inspectors General
The Trump administration fired back at a lawsuit brought by eight inspectors general who were fired last month, telling a D.C. federal judge that federal law does not require the president to hold off on the terminations for 30 days after notifying Congress.
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February 24, 2025
SEC Corporate Finance Leader Joins Gibson Dunn in DC
Gibson Dunn & Crutcher LLP has hired an attorney who has spent the majority of her professional career working with the U.S. Securities and Exchange Commission in several positions, the firm announced Monday.
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February 24, 2025
Calif. City Gets Suit Over Pot License Application Tossed
A California federal judge has thrown out a retailer's suit that in part alleges the city of Chula Vista ignored a court order and delayed scoring its application for cannabis licenses, saying the complaint fails to establish that the city violated its constitutional rights.
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February 24, 2025
Elizabeth Holmes Loses 9th Circ. Appeal Over Theranos Fraud
A Ninth Circuit panel on Monday affirmed the criminal fraud convictions of former Theranos CEO Elizabeth Holmes and former Theranos executive Ramesh "Sunny" Balwani along with their respective 11-year and nearly 13-year prison sentences, rejecting arguments that the lower court made multiple evidentiary errors that unfairly swayed jurors.
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February 24, 2025
Justices Won't Rehear Case Against NY Broadband Price Cap
The U.S. Supreme Court on Monday again rejected a telecom industry bid to reverse a New York state law capping the price for basic broadband service plans that must be offered to low-income households after first turning down the case in December.
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February 22, 2025
NY Judge Extends Block On DOGE's Treasury Access
A New York federal judge on Friday barred Elon Musk's Department of Government Efficiency from accessing U.S. Treasury Department data, handing a win to 19 state attorneys general who claimed giving the new entity access to citizens' personal information posed a massive cybersecurity risk.
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February 21, 2025
Trump Blocked From Implementing Anti-DEI Orders, For Now
A Maryland federal judge on Friday temporarily barred the Trump administration from implementing the bulk of his executive orders aiming to slash diversity, equity and inclusion programs in the public and private sectors, ruling that the orders are likely unconstitutionally vague and illegally restrict free speech.
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February 21, 2025
CFPB's Data Security In Spotlight After Agency Goes Dark
The Consumer Financial Protection Bureau's de facto shutdown following the arrival of Elon Musk's Department of Government Efficiency is raising concerns that sensitive data inside the agency could be exposed or exploited. Experts say financial institutions should take note.
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February 21, 2025
Unions Lose Bid To Block Trump Admin Efforts To Gut USAID
A Washington, D.C., federal judge Friday refused to grant a preliminary injunction barring the Trump administration from placing U.S. Agency for International Development employees on leave, halting funding and taking other steps that federal employee unions say are meant to illegally dismantle the foreign assistance agency.
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February 21, 2025
FTC's Holyoak Has Her Eyes On DeepSeek
Federal Trade Commission member Melissa Holyoak suggested Friday that DeepSeek, the Chinese artificial intelligence startup whose rise has roiled AI markets, could have competed unfairly if it really trained its model using ChatGPT in violation of OpenAI's policies, as has been suggested.
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February 21, 2025
Trump-Targeted CFPB Drops Suit Against Online Lender
The embattled Consumer Financial Protection Bureau told a California federal judge Friday that it has dropped litigation it filed against online lending platform SoLo Funds, which the watchdog agency had accused of deceiving borrowers about the total cost of loans.
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February 21, 2025
Real Estate Recap: 'Park Ave' Effect, Federal Leases, Atty Hires
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including a fourth-quarter "Park Avenue Phenomenon" seen by top brokerages, industry reaction to the potential federal lease slimdown, and a senior analyst's projection for family office investment in commercial real estate.
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February 21, 2025
Wall Street Groups Back Rescinding Biden Crypto Guidance
Wall Street's top lobbies are backing President Donald Trump's cryptocurrency agenda and have called for the recission of Biden-era federal banking policies and guidance that it says have "hindered" banks' ability to engage in the digital asset industry.
Expert Analysis
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For Accounting Integrity, Start With The Rank-And-File
Macy's acknowledgment of an employee's accounting mistake underscores a valuable lesson for company leaders in fostering compliance with the Sarbanes-Oxley Act by cultivating a culture committed to strong accounting integrity and robust oversight, say Keerthika Subramanian and Jon Mantis at Winston & Strawn.
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How Deregulation Could Undermine Trump's Anti-DEI Agenda
While rolling back federal agency power benefited conservative policies during the Biden administration, it will likely undermine President Donald Trump's ability to wield agencies like the U.S. Equal Employment Opportunity Commission to dismantle diversity, equity and inclusion initiatives beyond the federal workforce and into the private sector, says Ally Coll at the Purple Method.
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A Look At Sweepstakes Casinos' Legal Issues In Fla., Beyond
Scheduled for trial in Florida federal court this fall, the VGW sweepstakes case underscores the growing urgency for gambling states to clarify and enforce their laws in response to emerging online gaming models, as the expansion of sweepstakes casinos challenges traditional interpretations of gambling regulations, say attorneys at Holland & Knight.
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3 Noteworthy Effects Of The 2025 NDAA
The 2025 defense budget includes further restrictions on semiconductor sales to Huawei, requiring companies to rethink customer-base oversight, but other provisions are likely to broaden procurement contract opportunities, say attorneys at Miles & Stockbridge.
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The Blueprint For A National Bitcoin Reserve
The new administration has the opportunity to pave the way for a U.S.-backed crypto reserve, which could conceptually function as a strategic asset akin to traditional reserves like gold markets, hedge against economic instability, and influence global crypto adoption, say attorneys at Duane Morris.
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FTC Privacy Enforcement Takeaways From 2024
In 2024, the Federal Trade Commission distinguished three prominent trends in its privacy-related enforcement actions: geolocation data protections, data minimization practices, and artificial intelligence use and marketing, say Cobun Zweifel-Keegan at IAPP and James Smith at Dechert.
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Student Loan Entities In Hot Seat After CFPB Goes To College
While the direction of student loan servicer oversight in the new presidential administration is unclear, recent Consumer Financial Protection Bureau actions still signal heightened regulatory scrutiny at both the federal and state levels of college institutional loan programs, along with their service providers, says attorney Jonathan Joshua.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Takeaways From SEC's Registered Investment Cos. Risk Alert
The U.S. Securities and Exchange Commission's Division of Examinations' recent risk alert pertaining to registered investment companies provides a high-level overview of its risk-based approach to selecting RICs for examination — a potential hint that the division is investigating some of the covered topics, say attorneys at Simpson Thacher.
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Public Corruption Enforcement In 2024 Has Clues For 2025
If 2024 activity is any indication, the U.S. Supreme Court will likely continue to rein in expansive prosecutorial theories of fraud in the year to come, but it’s harder to predict what the new administration will mean for public corruption prosecutions in 2025, says Cathy Fleming at Offit Kurman.
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Nixing NRC Oversight Of Small Reactors Could Cut Both Ways
A lawsuit in a Texas federal court aims to abolish the Nuclear Regulatory Commission's authority over small modular reactors, which the plaintiffs contend will unleash new and innovative technology — but the resulting patchwork of state regulations could increase costs for the nuclear industry, say attorneys at King & Spalding.
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How DOGE's Bite Can Live Up To Its Bark
All signs suggest that the Department of Government Efficiency will be an important part of the new Trump administration, with ample tools at its disposal to effectuate change, particularly with an attentive Republican-controlled Congress, say attorneys at K&L Gates.
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2024 Was A Significant Year For HIPAA Compliance
The Office of Civil Rights' high level of Health Insurance Portability and Accountability Act activity in 2024 and press releases about its specific focus on certain cybersecurity issues make it abundantly clear that the OCR is not going to tolerate widespread compliance complacency, says Nathan Kottkamp at Williams Mullen.
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Small Biz Caught In Corporate Transparency Act Crossfire
Despite compliance being put on hold due to a nationwide preliminary injunction, small businesses have been caught in the middle of the legal battle over the Corporate Transparency Act — and confusion over the law's requirements could result in major penalties, say attorneys at Snell & Wilmer.
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Examining DOJ Corporate Whistleblower Pilot's First 100 Days
Though the U.S. Department of Justice’s corporate whistleblower awards pilot program has successfully elicited numerous tips since its August launch, stakeholder feedback leaves questions about how the scheme compares to other whistleblower awards and protections — and how it will fare in the incoming Trump administration, say attorneys at Joseph Greenwald.