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Compliance
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March 27, 2025
SEC Drops Defense Of Biden-Era Climate Disclosure Rules
The U.S. Securities and Exchange Commission said Thursday it would no longer defend regulations requiring some of the world's largest corporations to publicly disclose the effects climate change could have on their businesses, walking away from an Eighth Circuit challenge to the rules that the agency's acting chair called "unnecessarily intrusive."
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March 27, 2025
Atkins Suggests He May Open SEC's Doors To DOGE
Paul Atkins, President Donald Trump's pick to lead the U.S. Securities and Exchange Commission, on Thursday appeared to welcome the potential arrival of Elon Musk's Department of Government Efficiency at the agency, while also pushing back on suggestions that his earlier votes as a Republican commissioner exacerbated the 2008 financial crisis.
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March 27, 2025
Next-Gen 911 Overhaul, Location Accuracy Regs Underway
The Federal Communications Commission on Thursday set into motion a modernization of 911 calling systems and new rules on wireless providers to help first responders pinpoint callers' vertical locations.
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March 27, 2025
Tarter Krinsky Adds Ex-Buchanan Ingersoll Corporate Atty
Tarter Krinsky & Drogin LLP has brought on a corporate attorney previously with Buchanan Ingersoll & Rooney PC as a partner in New York, the firm has announced.
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March 27, 2025
Senate Backs Bid To Nullify CFPB Overdraft Rule
The U.S. Senate voted Thursday to overturn a Biden-era Consumer Financial Protection Bureau rule aimed at limiting overdraft fees at large banks to $5, passing a Republican-backed measure whose U.S. House companion now awaits a vote.
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March 27, 2025
9th Circ. Won't Stay Injunction Compelling Fed. Worker Rehire
A split Ninth Circuit panel has refused to block an injunction compelling the Trump administration to reinstate about 16,000 probationary employees to six federal agencies, saying the administration will likely lose its argument that the agencies weren't acting on an order from above when they fired the workers.
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March 27, 2025
FCPA 'Purgatory' Frustrates White Collar Bar, Anxious Clients
An abrupt pause in Foreign Corrupt Practices Act enforcement has created tension between clients eager to resolve investigations and their attorneys, who are having trouble reaching decision-makers at the U.S. Department of Justice and are more inclined to await further guidance from the government.
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March 27, 2025
Fuel Truck Exec Cops To Wildfire Bid-Rigging Scheme
The owner of a company that contracted with the U.S. Forest Service to supply fuel truck services to wildland firefighters pled guilty to conspiring with another executive to rig bids and allocate territories between 2015 and 2023.
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March 27, 2025
FTC Democrats Sue To Undo Trump's 'Unlawful' Firing
Recently fired Federal Trade Commission members Rebecca Kelly Slaughter and Alvaro M. Bedoya challenged their terminations Thursday in D.C. federal court, arguing President Donald Trump violated "bedrock, binding precedent" permitting their removal only for cause.
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March 26, 2025
CFPB Moves To Rip Up Settlement Of 'Radical' Redlining Case
The Consumer Financial Protection Bureau asked Wednesday for an Illinois federal judge to throw out its recent settlement of a redlining lawsuit that was filed during the first Trump administration, a case the agency's new chief is now denouncing as unjust and wrong.
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March 26, 2025
IBM Can't Yet Ditch White Man's 'Reverse Discrimination' Suit
A Michigan federal judge on Wednesday refused to throw out a white male consultant's suit alleging that IBM threatens to punish executives if they don't meet diversity goals, finding that, at least at this stage in the litigation, he's offered enough facts to support a "reverse discrimination" claim.
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March 26, 2025
Musk, DOGE Get DC Circ. To Pause Discovery Order
The D.C. Circuit on Wednesday temporarily halted a lower court's order requiring Elon Musk and his Department of Government Efficiency to hand over evidence that more than a dozen states said could give insight into Musk's and DOGE's allegedly unconstitutional authority, saying the "stringent requirements" for a stay had been met.
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March 26, 2025
Sotomayor Urges Caution On Nondelegation Doctrine Revamp
U.S. Supreme Court Justice Sonia Sotomayor cautioned her colleagues during oral arguments Wednesday against using a challenge to the Federal Communications Commission's administration of a broadband subsidy program as a way to resurrect the long-dormant nondelegation doctrine. Several conservative justices, however, seemed willing to disregard that admonition.
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March 26, 2025
Republicans Stump For CFPB Overhaul As Democrats Balk
Republicans on the House Financial Services Committee sought Wednesday to boost legislation aimed at reining in the Consumer Financial Protection Bureau, proposals that Democrats slammed as out of touch when the agency is already facing evisceration.
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March 26, 2025
Supreme Court Skeptical Of Nixing FCC Subsidy Fund
Conservative justices took aim Wednesday at rising costs in the country's multibillion-dollar phone and broadband subsidy system, questioning whether lawmakers put meaningful limits on the program's growth, but some argued the fund works just like others created by Congress that rely on revenues from industry fees.
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March 26, 2025
5th Circ. Backs EPA Ozone Plan Rejections, Except In Miss.
The Fifth Circuit upheld the U.S. Environmental Protection Agency's disapproval of Texas and Louisiana's plans to comply with federal ozone standards, but it said the EPA's disapproval of Mississippi's plan was arbitrary because it relied on information that wasn't available when the state submitted its plan.
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March 26, 2025
Atkins' Industry Ties To Be Under Scope At SEC Nom Hearing
President Donald Trump's pick to lead the U.S. Securities and Exchange Commission is expected to receive a friendly reception from Republican senators at his confirmation hearing on Thursday, but one leading Democrat has promised to press Paul Atkins on his ties to industry and the conflicts that could create.
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March 26, 2025
Mars Risk Exec Caught With Hand In Cookie Jar, Feds Allege
A former Mars Inc. subsidiary global price risk manager pled not guilty in Connecticut federal court Wednesday to multiple criminal charges alleging that he defrauded his employer out of more than $28 million to fund his lifestyle, including a $2.3 million Greenwich home and a ranch in Argentina.
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March 26, 2025
Coalition Says Trump Admin Flouted Federal Rehiring Order
The Trump administration responded to an injunction compelling it to rehire over 15,000 fired probationary employees by placing them on leave, not bringing them back to work, a coalition of advocates for the workers told a California federal judge Wednesday, saying the administration hasn't complied with the injunction.
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March 26, 2025
Senate Confirms Aaron Reitz To Lead DOJ Legal Policy Office
Aaron Reitz, chief of staff for Republican Sen. Ted Cruz of Texas and a former deputy attorney general in the Lone Star State, was confirmed on Wednesday to lead the U.S. Department of Justice's Office of Legal Policy by a 52-46 vote in the Senate.
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March 26, 2025
DOI Lacked Authority To Cancel Arctic Leases, Judge Says
The U.S. Department of the Interior lacked authority to cancel seven oil and gas leases issued to the Alaska Industrial Development and Export Authority in the Arctic National Wildlife Refuge, a federal judge has ruled, saying the federal agency was required to get a court order before doing so.
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March 26, 2025
4th Circ. Says Credit Union Not Liable For Fraudulent Transfer
A Fourth Circuit panel on Wednesday reversed a lower court ruling that held a credit union liable for a scammer's use of its services to swindle a metal fabricator out of $560,000, ruling that banks aren't on the hook for misdescribed fund transfers without "actual knowledge" of the discrepancy.
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March 26, 2025
Drugmaker Execs Hid Approval Process Roadblocks, Suit Says
A Sage Therapeutics Inc. investor sued the company's executives in New York federal court Wednesday alleging they hid significant setbacks affecting the regulatory approval for its drug candidates intended to treat mood disorders and other conditions including Parkinson's and Alzheimer's diseases.
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March 26, 2025
Trump Pick To Lead EPA Attys Grilled In Senate On Experience
President Donald Trump's pick to lead the U.S. Environmental Protection Agency's legal division came under intense scrutiny Wednesday as Senate Democrats questioned his legal experience and his relationship with a senior member of Trump's personnel team.
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March 26, 2025
NYC Property Cos. Hit With Security Deposits Class Action
A proposed class of residential tenants accused a property manager and a property owner in New York federal court on Wednesday of violating state law by not placing their security deposits in accounts that would accrue interest and paying security deposits without accrued interest after the tenants moved out.
Expert Analysis
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5 Major Crypto Developments From The Trump Admin So Far
The early weeks of the Trump administration have set the stage for a significant transformation in U.S. digital asset policy by prioritizing regulatory clarity, innovation and a shift away from enforcement-heavy tactics, but many of these changes will require congressional support and progress may be gradual, say attorneys at Ropes & Gray.
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Compliance Pointers For DOJ's Sweeping Data Security Rule
A new Justice Department rule broadly restricts many common data transactions with the goal of preventing access by countries of concern, and with an effective date of April 8, U.S. companies must quickly assess practices related to employee, customer and vendor data, says Sam Castic at Hintze Law.
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What To Expect From The New FCC Chair
As a vocal critic of the Federal Communications Commission's recent priorities, newly appointed chair Brendan Carr has described a vision for the agency that would bring significant changes to telecommunication regulation and Telephone Consumer Protection Act enforcement in the U.S., say attorneys at BCLP.
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Navigating The Trump Enviro Rollback And Its Consequences
The Trump administration's rapid push for environmental deregulation will lead to both opportunities and challenges, requiring companies to adopt strategic approaches to a complex, unpredictable legal environment in which federal rollbacks are countered by increased enforcement by states, and risks of citizen litigation may be heightened, say attorneys at Beveridge & Diamond.
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Comparing 2 Pending Bills To Regulate Stablecoins
Alexandra Steinberg Barrage at Troutman analyzes the key similarities and differences between two payment stablecoin proposals currently pending in Congress — the STABLE and GENIUS acts — as both chambers are forming a working group to deliver a clear regulatory framework for digital assets and bipartisan agreement appears within reach.
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Citibank Wire Transfer Ruling Creates New Liability For Banks
A New York federal court's recent decision in New York v. Citibank, affirming the Electronic Fund Transfer Act's consumer protections cover wire transfers allegedly initiated by scammers who infiltrated Citibank customers' online accounts, creates new liability for sending financial institutions and upends decades-old regulatory guidance, say attorneys at Stinson.
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Defense Strategies For Politically Charged Prosecutions
Politically charged prosecutions have captured the headlines in recent years, providing lessons for defense counsel on how to navigate the distinct challenges, and seize the unique opportunities, such cases present, says Kenneth Notter at MoloLamken.
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Series
Competitive Weightlifting Makes Me A Better Lawyer
The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.
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Axed ALJ Removal Protections Mark Big Shift For NLRB
A D.C. federal court's recent decision in VHS Acquisition Subsidiary No. 7 v. National Labor Relations Board removed long-standing tenure protections for administrative law judges by finding they must be removable at will by the NLRB, marking a significant shift in the agency's ability to prosecute and adjudicate cases, say attorneys at Proskauer.
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11th Circ. TCPA Ruling Signals Erosion Of Judicial Deference
The U.S. Court of Appeals for the Eleventh Circuit recently came to the rescue of the lead generation industry, striking down new regulations that were set to go into effect on Jan. 27, a decision consistent with federal courts' recent willingness to review administrative decisions, say attorneys at Troutman.
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The Syria Sanctions Dilemma Facing Trump Administration
Parties looking to engage in transactions involving Syria will be watching the expiration of General License 24 in July, when the Trump administration will need to decide whether to make significant changes to the Syrian sanctions program and reconsider the de facto government's status as a foreign terrorist organization, says Charlie Lyons at Ferrari & Associates.
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How Southern Calif. Fires Can Affect National, Local Pricing
The fire-related California state of emergency declared last month in Los Angeles and Ventura counties triggered laws around price-gouging and pricing restrictions that affect not just individuals and businesses in the state, but also nationwide, meaning sellers should be mindful of how price changes are discussed and rolled out, say attorneys at Proskauer.
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Inside The Uncertainty Surrounding CFPB's Overdraft Rule
The Consumer Financial Protection Bureau's overhaul of overdraft fee regulation hangs in limbo as the industry watches to see whether new leadership will repeal the rule, allow it to stay in place, or wait for congressional action or the courts to drive its demise, say attorneys at Alston & Bird.
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How Private Securities Suits Complement SEC Enforcement
U.S. Securities and Exchange Commission enforcement is vital to the healthy functioning of markets, but government enforcement alone is not enough to ensure meaningful monetary recoveries for investor losses due to securities law violations, say attorneys at Bernstein Litowitz.
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The Case For Compliance During The Trump Administration
Given the Trump administration’s shifting white collar enforcement priorities, C-suite executives may have the natural instinct to pare back compliance initiatives, but there are several good reasons for companies to at least stay the course on their compliance programs, if not enhance them, say attorneys at Riley Safer.