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Compliance
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February 12, 2025
Trump's Federal Worker Resignation Offer Gets Green Light
A Massachusetts federal judge on Wednesday lifted an order temporarily blocking President Donald Trump's federal worker "deferred resignation" offer and allowed it to proceed, ruling that unions representing hundreds of thousands of federal workers don't have standing to challenge the directive.
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February 12, 2025
Crypto CEO Made $425K Disappear, Investor Tearfully Testifies
A former business partner of a Texas man accused of running a $5 million fraud centered on a new "anti-money laundering" cryptocurrency testified tearfully before a California federal jury on Wednesday that her family invested about $425,000 in the defendant's previous cryptocurrency venture and lost every penny.
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February 12, 2025
OpenAI Says Musk Takeover Bid 'Exposes' Intent Behind Suit
OpenAI on Thursday told a California federal judge overseeing Elon Musk's lawsuit seeking to block OpenAI from becoming a for-profit enterprise that the Tesla founder has proposed acquiring OpenAI's business, saying the takeover effort reveals Musk's lawsuit to be "an improper bid to undermine a competitor."
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February 12, 2025
SEC Rescinds Stricter Gensler-Era Proxy Exclusion Guidance
The U.S. Securities and Exchange Commission on Wednesday rescinded Biden-era guidelines around excluding certain shareholder proposals from proxy statements, reverting the agency's posture to an era that was generally more receptive to companies seeking such exclusions.
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February 12, 2025
Unions Beef Up Suit To Keep DOGE Out Of Federal Agencies
Unions and nonprofits seeking to stop Elon Musk's Department of Government Efficiency from accessing the U.S. Department of Labor's data have enhanced their injunction request, looking also to shield the Consumer Financial Protection Bureau's and Department of Health and Human Services' data and prove they have standing to sue.
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February 12, 2025
DOJ Removes For-Cause Protection For FTC, Other Agencies
The U.S. Department of Justice has determined that for-cause removals for members of the Federal Trade Commission, National Labor Relations Board and Consumer Product Safety Commission are unconstitutional, acting Solicitor General Sarah Harris informed Sen. Dick Durbin, D-Ill., ranking Democrat of the Senate Judiciary Committee, in a letter Wednesday.
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February 12, 2025
Crypto Operator Seeks No Prison Time For $1M Fraud Plea
The founder of a cryptocurrency project who copped to wire fraud after gambling with over $1 million from investors wants to avoid a custodial sentence, though prosecutors have asked to see him serve just over two years.
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February 12, 2025
Boeing Brass Face Chancery Suit Over Safety Breach Scandal
Public employee pension funds in Ohio and Oklahoma have launched a derivative suit in Delaware's Chancery Court against Boeing board members and executives, seeking damages on the aircraft company's behalf tied to production issues and multiple safety breaches involving several Boeing commercial passenger jets.
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February 12, 2025
FCC Chief Says Comcast To Be Probed For Supporting DEI
The FCC's new leader is going after Comcast and NBCUniversal for their efforts to be diverse and inclusive, revealing Wednesday that he had directed the agency to open an investigation into the pair of companies to ensure they aren't "promoting invidious forms of discrimination."
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February 12, 2025
OCC Departs International Network Focused On Climate Risks
The Office of the Comptroller of the Currency on Tuesday became the latest U.S. government entity to withdraw from the Network of Central Banks and Supervisors for Greening the Financial System, an international consortium focused on the financial sector's responses and resilience to climate change.
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February 12, 2025
Ex-Schwab Employee Enjoined From Using Client Info
A Texas federal judge on Wednesday barred a former Charles Schwab employee from using the brokerage firm's allegedly stolen client information, requiring him to return all records and submit any devices with relevant materials for forensic examination.
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February 12, 2025
RI Judge Won't Pause Order To Unfreeze Funds Amid Appeal
A Rhode Island federal judge refused Wednesday to pause a court order blocking a freeze on funding for federal grants and programs while the Trump administration appeals the ruling to the First Circuit.
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February 12, 2025
United Airlines Asks Texas Judge To Toss COVID Vaccine Suit
United Airlines has asked a Texas federal judge to toss a "mass action" filed by roughly 700 current and former workers accusing the airline of discriminating against employees who resisted COVID-19 vaccination, saying most of the plaintiffs lack jurisdiction.
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February 12, 2025
Boston's Opioid Damages Claims Tossed As Too Late
Boston waited too long to sue a group of drug benefits intermediaries over their alleged roles in the opioid crisis, a Massachusetts federal judge said in dismissing the city's complaint Tuesday.
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February 12, 2025
5th Circ. OKs Drop Of Litigation Over Biden-Era GHG Rule
The Fifth Circuit has signed off on the Trump administration's decision to cease litigation over a Biden-era rule that required states to set targets for reducing greenhouse gas emissions tied to federally funded highway projects.
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February 12, 2025
Gore-Tex Maker Accused Of Greenwashing Waterproof Fabric
W.L. Gore & Associates has been slapped with a proposed class action in Washington federal court accusing it of embarking on a "greenwashing" campaign by touting its Gore-Tex waterproof fabric as being environmentally sound, while concealing from customers it uses forever chemicals in manufacturing the material.
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February 12, 2025
Fintech Group Wants To Defend CFPB's Open Banking Rule
Fintech industry group the Financial Technology Association on Wednesday filed to defend the Consumer Financial Protection Bureau's open banking rule in an ongoing challenge from the banking industry since the agency's own defense of the rule is uncertain in the wake of Trump administration shake-ups.
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February 12, 2025
Judge Jackson Bars White House's Special Counsel Switch
A D.C. district judge late Wednesday issued a temporary restraining order preventing the Trump Administration from replacing the head of the U.S. Office of Special Counsel until the court rules on request for a preliminary injunction blocking the move.
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February 12, 2025
House Antitrust Chair Wants To Override Merger Overhaul
The head of the House antitrust subcommittee, Rep. Scott Fitzgerald, R-Wisc., introduced a bill Tuesday that would unwind the newly in-effect overhaul to merger filing requirements that practitioners say will significantly increase upfront burdens but that the Federal Trade Commission's Republican leadership has argued will lower costs.
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February 12, 2025
OPM Violated Employees' Privacy Rights, Unions Say
The U.S. Office of Personnel Management violated federal privacy laws when it gave Elon Musk's recently established Department of Government Efficiency access to its employment records, unions representing federal employees and administrative law judges said in a lawsuit filed in New York federal court.
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February 12, 2025
Trump Nominates New EPA Air, Water, Legal Division Leaders
President Donald Trump on Tuesday nominated new leaders for the U.S. Environmental Protection Agency's legal, air, water and financial offices, all of whom are veterans of his first term.
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February 12, 2025
Gail Slater Plans Antitrust 'Scalpel' To Protect Competition
President Donald Trump's nominee to head the U.S. Department of Justice's Antitrust Division, Gail Slater, pledged on Wednesday to enforce antitrust laws "vigorously and fairly" if she is confirmed to the role.
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February 12, 2025
Meta User Antitrust Suit Gets Nov. 17 Trial Date
A California federal judge has set a Nov. 17 trial date for accusations that Meta monopolized the social media advertising market weeks after he declined to certify a class of Facebook users that would have numbered in the millions.
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February 12, 2025
Trump Taps Wright Ally For Energy Dept. Post
President Donald Trump on Tuesday submitted nominations for several key posts within the U.S. Department of Energy, including an official from Energy Secretary Chris Wright's former oilfield services company to lead the agency's renewable energy office.
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February 12, 2025
KPMG Taps Walmart Executive For General Counsel
A top executive for Walmart is leaving the retail giant at the end of the month to join the leadership ranks of KPMG LLP, one of the Big Four accounting firms, as general counsel.
Expert Analysis
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Predicting The Lasting Changes CFPB May Face In 2025
President-elect Donald Trump and the incoming Republican-controlled Congress' likely attempts to reshape the Consumer Financial Protection Bureau could significantly alter its rulemaking, supervisory and enforcement abilities for years to come, says Jim Sandy at McGlinchey Stafford.
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5 Proactive Immigration Best Practices For Employers In 2025
Businesses that depend on foreign talent should take specific steps in anticipation of changes to federal immigration policies that could affect the H-1B visa and other programs, and likely require changes in organizational operations and compliance strategy, says Dustin O'Quinn at Ballard Spahr.
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Top 10 Employer Resolutions For 2025
While companies must monitor for policy shifts under the new administration in 2025, it will also be a year to play it safe and remember the basics, such as the importance of documenting retention policies and conducting swift investigations into workplace complaints, say attorneys at Krevolin Horst.
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NLRB Likely To Fill Vacuum After NMB Jurisdiction Ruling
The National Mediation Board's recent ruling in Swissport Cargo Services LP abandoned decades of precedent by concluding the Railway Labor Act doesn’t apply to airline service providers, likely leading the National Labor Relations Board to assert its jurisdiction instead and potentially causing more operational disruptions and labor strife, say attorneys at Morgan Lewis.
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How White Collar Enforcement May Shift In Trump's 2nd Term
After President-elect Donald Trump returns to the White House next month, the administration’s emphasis on immigration laws, drug offenses and violent crime will likely reduce the focus on white collar crime overall, but certain areas within the white collar world may see increased activity, say attorneys at Keker Van Nest.
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Risk Management Takeaways From NIST's AI Symposium
Based on the National Institute of Standards and Technology's September artificial intelligence innovation symposium, companies should anticipate that laws and regulations safeguarding AI could take new forms and approaches that break the current mold, say attorneys at Eversheds Sutherland.
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New Trump Admin May Bring Financial Oversight Turbulence
As President-elect Donald Trump prepares to begin his second term, his top financial market regulatory and securities law enforcement appointees, campaign promises, and regulatory preferences foretell a period of muddy regulatory waters, say attorneys at Kroll.
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The Justices' Securities Rulings, Dismissals That Defined '24
The U.S. Supreme Court's 2024 securities rulings led to increased success for defendants' price impact arguments, but the justices' decisions not to weigh in on important issues relating to the Private Securities Litigation Reform Act's pleading requirements may be just as significant, say attorneys at Skadden.
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2024 Election Results May Prove Fortuitous For Family Offices
Thanks to the decisive Republican victories in the 2024 elections, family offices have a unique opportunity for accelerated growth and influence, particularly through the benefits afforded by patient capital, says Edward Taibi at Olshan Frome.
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10 Noteworthy CFPB Developments From 2024
In a banner year for consumer finance regulation, the Consumer Financial Protection Bureau made significant strides in its efforts to rein in Big Tech and nonbank financial firms, including via rules regarding open banking, credit card late fees, and buy now, pay later products, say attorneys at Wiley.
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What To Expect From EEOC Next Year After An Active 2024
While highlights this year for the U.S. Equal Employment Opportunity Commission include its first-ever Pregnant Workers Fairness Act cases and comprehensive workplace harassment guidance, the question for 2025 is whether the commission will sustain its momentum or shift its focus in a new direction, says Shannon Kelly at GrayRobinson.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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2024 Has Been A Momentous Year For ESG
Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.
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Opinion
A New Tax On Employers Could Help Curb Illegal Immigration
To better enforce the law against hiring immigrants unauthorized to work in the U.S., Congress should enact a punitive excise tax on compensation paid to such immigrants and amend the False Claims Act to allow qui tam actions against employers for failure to pay such tax, says Ajay Gupta at Moore Tax Law Group.
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Advancing Storage-Integrated Power Generation In Turkey
Recent proposals by energy regulators in Turkey have laid the groundwork for further development of electricity generation plants with integrated energy storage facilities — offering opportunities for project developers and investors, and a possible model for U.S. regulators, say attorneys at Norton Rose.