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Compliance
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March 28, 2025
Exxon Says It Never Oversold Plastic Recycling Claims
Exxon Mobil Corp. has urged a California federal court to throw out a lawsuit brought by four environmental groups accusing it of fueling plastic pollution through decades of misleading recycling claims, arguing the case is based on implausible allegations.
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March 28, 2025
FCC Chief Orders Probe Into Disney, ABC DEI Practices
The Federal Communications Commission's leader ordered on Friday a probe into Walt Disney Co. and its ABC network over their efforts to be diverse and inclusive, following similar FCC investigations into Comcast and NBCUniversal.
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March 28, 2025
Trump Pardons BitMEX Crypto Co., Four Ex-Executives
President Donald Trump has pardoned the business entity behind cryptocurrency exchange BitMEX and four of the firm's former executives years after they copped to Bank Secrecy Act violations and lax anti-money laundering controls, the White House confirmed Friday.
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March 28, 2025
Janssen Owes Additional $1.5B In HIV Prescription Trial
A New Jersey federal judge on Friday added nearly $1.3 billion in penalties and $240 million in damages to a whistleblower False Claims Act verdict against Janssen over the off-label marketing of two HIV medicines, saying trial evidence laid out "a deliberate and calculated scheme."
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March 28, 2025
Employment Authority: Bypassing A Battered NLRB
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on how unions and employers are drafting contractual mechanisms to sidestep the National Labor Relations Board amid stalled cases and a leadership crisis, why federal agencies are advising employers that affinity groups could be legally risky, and why one lawyer is warning that unpaid wages litigation may rise under Trump administration changes.
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March 28, 2025
DOJ Alleges Missing Docs In Agri Stats Price-Fixing Case
The U.S. Department of Justice asked a Minnesota federal judge to force Agri Stats Inc. to produce more information in a case alleging the company's industry reports facilitate price-fixing by chicken, pork and turkey producers, raising concerns over widespread discovery failures and "facially unsupported privilege claims."
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March 28, 2025
GM's Cruise Must Face Trimmed Securities Fraud Suit
A Michigan federal judge on Friday trimmed a proposed class action alleging General Motors and its self-driving car unit Cruise LLC misrepresented the technological capabilities of its autonomous vehicles, but said the investor plaintiffs plausibly alleged that some Cruise executives made recklessly false statements.
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March 28, 2025
Edtech Co. Instructure Faces Parent Suit Over Data Harvesting
Education technology company Instructure, which claims to offer the nation's second most widely used learning management system, faces a suit brought by parents alleging that the company's "massive data-harvesting apparatus" violates the constitutionally guaranteed privacy rights of school-age children.
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March 28, 2025
Plan Administrator Wins Electric Co.'s Union Healthcare Fight
An electric company can't use the Employee Retirement Income Security Act to claw back contributions to a union healthcare plan that weren't put toward benefits, a New York federal judge said Friday, tossing the company's suit against the plan's administrator.
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March 28, 2025
Feds Must Consider Whales, Climate In Gulf Gas Lease Sale
The U.S. Bureau of Ocean Energy Management failed to fully consider the effects an oil and gas lease sale offering 73 million acres in the Gulf of Mexico could have on the endangered Rice's whale and climate change, a D.C. federal judge has ruled.
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March 28, 2025
Minors Sue Over Alleged Trafficking At Metro-Atlanta Hotels
Two unidentified minors have filed separate suits in federal court alleging the owners and operators of two Atlanta area hotels knew the minors were being sex trafficked but did nothing to stop it.
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March 28, 2025
Google Privacy Fight Raises 'Classic' Trial Issues, Judge Says
A California federal judge Friday doubted consumers' bid to certify a class of Chrome users in a revived lawsuit accusing Google of surreptitiously collecting their data while also observing that the case raises "classic" trial questions and asking how else Americans could "tell corporations what they believe to be offensive?"
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March 28, 2025
Galaxy To Pay $200M In NY Deal Over Terraform Fallout
Crypto institutional investment and trading firm Galaxy Digital agreed to a $200 million settlement with the New York attorney general over allegations it failed to disclose its sales of a Terraform ecosystem token while it widely promoted the asset prior to its collapse.
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March 28, 2025
Carriers Challenge Midco's 'Unsubsidized Competitor' Status
Two Minnesota telecoms say the FCC must take seriously their petitions to strip a rival of its "unsubsidized competitor" status and adjust their federal deployment aid because the companies have gone through the trouble of individually checking thousands of addresses to back their claims.
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March 28, 2025
NY Ski Resort Co. Appealing Court's Antitrust Ruling
A New York ski resort operator told a state court on Friday that it's appealing the state's victory in its antitrust suit, which alleged that the operator purposefully closed a local competitor after acquiring it.
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March 28, 2025
FDIC Eases Crypto Rules For Banks, No Prior Approval Needed
The Federal Deposit Insurance Corp. affirmed Friday that FDIC-supervised institutions may engage in certain cryptocurrency-related activities without receiving prior approval from the corporation.
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March 28, 2025
PE Firm Hits Back Against Medical Device Coating Challenge
Private equity firm GTCR BC Holdings LLC told a Federal Trade Commission in-house judge Friday the commission has a warped view of the medical device coatings market, as the firm fights a bid to block its $627 million acquisition of Surmodics Inc.
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March 28, 2025
Del. Corporate Law Rework Might Upend Over 3 Dozen Cases
Legislation pushed through Delaware's General Assembly last week has called into question dozens of corporate law precedents, including some of the state's most important, according to a Columbia Law School professor and researcher.
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March 28, 2025
DC Circ. Tosses Green Groups' Challenge To La. Gas Pipelines
A D.C. Circuit panel on Friday rejected an environmental challenge to a Tellurian subsidiary's $1.5 billion plan to construct parallel, roughly 30-mile gas pipelines in Louisiana, ruling that federal energy regulators reasonably weighed greenhouse gas impacts and market demand in approving the project.
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March 28, 2025
FCC Gives Newly Built Stations Leeway On License Requests
The Federal Communications Commission has signaled that it's prepared to be more lenient on deadlines for new licenses after overturning a previous decision that denied a permit to run a newly built FM translator station in Louisiana.
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March 28, 2025
Tribe Not Ready For '2nd Bite' In Pipeline Row, Judge Says
A D.C. federal judge on Friday dismissed a lawsuit by the Standing Rock Sioux Tribe that looked to shut down the Dakota Access Pipeline, saying the litigation was prematurely filed and the precise nature of relief requested by the tribe remains unclear.
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March 28, 2025
CFPB Says It Won't 'Prioritize' Payday Rule Enforcement
The Consumer Financial Protection Bureau said Friday it will refrain from enforcing the remaining parts of its long-delayed payday lending rule and may seek to narrow them further, pledging forbearance ahead of their effective date.
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March 28, 2025
AIG Unit Wins No-Defense Ruling For NY Ghost Gun Suits
An AIG unit has no duty to defend a Washington-state-based firearms retailer in three underlying lawsuits accusing the retailer of knowingly selling unfinished components that could be used to assemble what are commonly known as ghost guns, a New York federal court ruled, finding the complaints do not allege accidental conduct.
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March 28, 2025
Judge Sides With Ga. County In DOJ's Racial Slur Suit
A Georgia federal judge has ended federal prosecutors' suit against a Georgia county claiming it fired two Black employees after they complained of racist treatment from co-workers, finding there was nothing pretextual about their termination for stealing time with bogus reports.
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March 28, 2025
Kroger, Albertsons Appeal Block Of $24.6B Merger
Kroger and Albertsons say they plan to appeal a Washington state judge's ruling that blocked the $24.6 billion merger of the grocery chains and determined the state could collect legal costs for prevailing in its Consumer Protection Act suit opposing the deal.
Expert Analysis
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What To Know About NAIC's Risk-Based Capital Task Force
Attorneys at Debevoise outline key details of the Risk-Based Capital Model Governance Task Force, which was recently launched by the National Association of Insurance Commissioners, including the task force's objectives, and potential implications for insurers and their investment strategies.
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A Path Forward For Employers, Regardless Of DEI Stance
Whether a company views the Trump administration's executive orders ending diversity, equity and inclusion programs as a win or a loss, the change rearranges the employment hazards companies face, but not the non-DEI and nondiscriminatory economic incentive to seek the best workers, says Daniel S. Levy at Advanced Analytical Consulting Group.
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Mitigating The Risk Of Interacting With A Designated Cartel
There are steps companies doing business in Latin America should take to mitigate risks associated with the Trump administration's designation of several cartels as foreign terrorist organizations and the terrorism statute's material-support provisions, which may render seemingly legitimate transactions criminal, say attorneys at Covington.
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How Health Cos. Can Navigate Data Security Regulation Limbo
Despite the Trump administration's freeze on proposed updates to the Health Insurance Portability and Accountability Act security rule, there are critical cybersecurity steps healthcare organizations can take now without clear federal guidance, says William Li at Axiom.
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Preparing For Tariffs On Canadian Power In The Northeast
The on-again, off-again risk of import and export tariffs on energy transactions between the U.S. and Canada may have repercussions for U.S. energy stakeholders in the ISO New England and New York Independent System Operator electricity markets — but there are options that could help reduce cost impacts, say attorneys at Husch Blackwell.
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New SEC Guidance May Change How Investors, Cos. Talk
The U.S. Securities and Exchange Commission's recent updates to the Schedules 13D and G compliance and disclosure interpretations may mean large institutional investors substantially curtail the feedback they provide companies about their voting intentions in connection with shareholder meetings, which could result in negative voting outcomes for companies, say attorneys at Cleary.
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4 Key Payments Trends For White Collar Attys
As the payments landscape continues to innovate and the new administration looks to expand the role of digital currency in the American economy, white collar practitioners should be aware of several key issues in this space, say attorneys at Jenner & Block.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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What's Old And New In The CFTC's Self-Reporting Advisory
Attorneys at Blank Rome analyze the U.S. Commodity Futures Trading Commission's recent advisory that aims to provide clarity on self-reporting violations of the Commodity Exchange Act, and review whether market participants should shift their thinking — or not — when it comes to cooperation with the CFTC.
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Weathering Policy Zig-Zags In Gov't Contracting Under Trump
To succeed amid the massive shift in federal contracting policies heralded by President Donald Trump's return to office, contractors should be prepared for increased costs and enhanced False Claims Act enforcement, and to act swiftly to avail themselves of contractual remedies, says Jacob Scott at Smith Currie.
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How Trump's Crypto Embrace Is Spurring Enforcement Reset
The U.S. Securities and Exchange Commission's recent willingness to step away from ongoing enforcement investigations and actions underscores the changing regulatory landscape for crypto under the new administration, which now appears committed to working with stakeholders to develop a clearer regulatory framework, say attorneys at Sheppard Mullin.
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After CEQ's Rollback, Fate Of NEPA May Be In Justices' Hands
The White House Council on Environmental Quality recently announced its intention to rescind its own National Environmental Policy Act regulations, causing additional burdens to existing NEPA challenges, and raising questions for regulated entities and federal agencies that may only be resolved by a pending U.S. Supreme Court case, say attorneys at Holland & Knight.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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2 Areas Of Labor Law That May Change Under Trump
Based on President Donald Trump's recent moves, employers should expect to see significant changes in the direction of law coming out of the National Labor Relations Board, particularly in two areas where the Trump administration will seek to roll back the Biden NLRB's changes, says Daniel Johns at Cozen O’Connor.