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Compliance
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April 23, 2025
Meta MDL Judge Doubts Insurers' Bid To Kick Fight To Del.
A California federal judge presiding over sprawling social media personal injury multidistrict litigation doubted on Wednesday insurers' arguments their multimillion-dollar coverage fight with Meta belongs in Delaware state court, questioning how moving the case would preserve judicial resources, while observing that Hartford's pre-litigation conduct may have been in bad faith.
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April 23, 2025
Justices Hint That Fuel Groups Can Fight Emissions Waiver
U.S. Supreme Court justices on Wednesday appeared to back a contention from fuel industry groups that they have standing to challenge the U.S. Environmental Protection Agency's Clean Air Act waiver allowing California to set its own greenhouse gas emissions standards for vehicles.
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April 23, 2025
Severance Deal Bars 401(K) Suit, Whataburger Tells 5th Circ.
Whataburger asked the Fifth Circuit on Wednesday to uphold the dismissal of an ex-worker's suit claiming the company failed to trim underperforming investment funds from its $215 million retirement plan, stating the lower court correctly found a release he signed doomed his case.
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April 23, 2025
Plastic Co. Asks 1st Circ. To Undo Class Cert In PFOA Suit
Saint-Gobain Performance Plastics Co. told the First Circuit that a New Hampshire federal judge's overly broad class certification for plaintiffs claiming it contaminated thousands of properties with a toxic forever chemical must be reversed, arguing that it opened courthouse doors to uninjured class members.
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April 23, 2025
Sandoz, Novartis Cut Price-Fixing Deal With South Carolina
Sandoz Inc. and Fougera Pharmaceuticals Inc. have struck a deal with the state of South Carolina to resolve claims that they and Sandoz's former parent company, Novartis AG, engaged in a price-fixing conspiracy to inflate the price of certain generic drugs.
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April 23, 2025
Citi Gets NY AG's Suit Paused For 2nd Circ. Review
Citibank can appeal a ruling in a lawsuit brought by the New York attorney general over the bank's response to incidents of online wire transfer fraud, with a federal judge saying that while he does not think the bank will prevail on appeal, its arguments "merit serious consideration."
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April 23, 2025
New Mexico Wildfire Sparks Suit Against Federal Government
The federal government is being hit with a lawsuit challenging the U.S. Forest Service's alleged failure to follow its own prescribed burn plan, saying the lapse eventually led to the destruction of nearly 46,000 acres in the Jemez Mountains in New Mexico.
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April 23, 2025
Costco Hit With Suit Over iPhone Warranty Omissions
Costco is the target of a proposed class action claiming the big box retailer sold iPhones without disclosures required under Washington state consumer protection laws, including omitting the terms of warranties and how much it costs for repairs.
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April 23, 2025
6th Circ. Preserves Enbridge's Pipeline Suit Against Mich.
The Sixth Circuit on Wednesday said Enbridge Energy LP can pursue its lawsuit challenging Michigan's decision to revoke an easement for a natural gas and oil pipeline, rejecting the state's argument that it was protected by sovereign immunity.
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April 23, 2025
Ex-Rabobank Exec Seeks $5M To Cover OCC Fight Legal Bill
A former Rabobank chief compliance officer has asked the Ninth Circuit to award her more than $5 million in attorney fees and expenses to cover both her defense of a now-discontinued Office of the Comptroller of the Currency enforcement action and her unsuccessful lawsuit to get the matter expunged.
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April 23, 2025
Genetic Testing Co., Marketer Settle FCA Case For $6M
A genetic testing company, marketing firm, and their top executives have agreed to pay $6 million to resolve the government's allegations that they billed Medicare for unnecessary medical tests, in violation of the False Claims Act.
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April 23, 2025
FCA Suit Over Allergan's Alleged Kickbacks Trimmed
An Illinois federal judge on Wednesday pared down a lawsuit by former Allergan USA pharmaceutical sales reps claiming the company engaged in a scheme to provide kickbacks to doctors in exchange for prescribing more gastrointestinal drugs, saying they largely failed to show enough of a link between the alleged kickbacks and any false claims to the government for prescriptions.
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April 23, 2025
Ariz. Bars Property Values Above Local Assessor Valuations
Arizona barred county board rulings in property valuation disputes from exceeding the valuation determined by a local assessor under a bill signed by Gov. Katie Hobbs.
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April 23, 2025
Ex-Atlanta Atty Asks 11th Circ. To Revive Sex Harassment Suit
A former attorney for the city of Atlanta urged the Eleventh Circuit on Wednesday to revive her sexual harassment and disability discrimination suit against the city alleging she was fired after complaining that her boss, a prominent civil rights lawyer, made sexual advances towards her.
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April 23, 2025
Yelp's Antitrust Case Against Google Didn't Come Too Late
A California federal court has refused to toss Yelp's case accusing Google of monopolizing the local search market, despite arguments that it came too late, but trimmed several claims Yelp will have a chance to fix before moving ahead with the long-simmering dispute.
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April 23, 2025
Skadden Adds Partner To NY Financial Institutions Group
Skadden has bolstered its New York-based team of finance attorneys with the addition of a longtime Covington partner into the firm's financial institutions group who brings with him more than two decades of experience including in-house and BigLaw work.
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April 23, 2025
FCC Seeks Industry Data In Probing T-Mobile, UScellular Deal
The Federal Communications Commission has sought data from more than half a dozen telecom and cable companies as it probes T-Mobile's planned $4.4 billion merger with UScellular's wireless operations.
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April 23, 2025
NJ AG Sues RealPage, Landlords, Claiming Rent Price 'Cartel'
RealPage Inc. and 10 of New Jersey's largest landlords are colluding to raise rents in violation of state and federal antitrust and consumer protection laws, forcing Garden State residents to overpay for housing, Attorney General Matt Platkin claimed Wednesday in a federal lawsuit.
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April 23, 2025
Bernstein Litowitz Looks To Hire SEC's Ex-Top Crypto Cop
Investor-side firm Bernstein Litowitz Berger & Grossmann LLP has disclosed in a court filing that it is seeking to hire Jorge Tenreiro, the former head of the U.S. Securities and Exchange Commission's crypto enforcement unit as well as the onetime chief of the agency's entire litigation team.
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April 23, 2025
AI Entrepreneur In Talks To Resolve $10M Fraud Case
The founder of an education-based artificial intelligence company accused of fleecing investors of $10 million is in talks with prosecutors to resolve the case, according to a Wednesday letter.
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April 23, 2025
Apple, Meta Fined €700M In 1st Penalty Under EU Tech Rules
The European Commission said Wednesday it has fined Apple Inc. €500 million ($570 million) and Meta €200 million for failing to give consumers choices on offers and how their personal data is used — the first decision under the bloc's Digital Markets Act.
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April 22, 2025
Fed's Buffer Plan Marks Start Of Stress Test Reform 'Journey'
The Federal Reserve entered a new era last week with a proposal to smooth out fluctuations in a key capital requirement for big banks, making an opening move toward what industry experts see as potentially much bigger stress-testing reforms on the horizon.
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April 22, 2025
International Trade Court Won't Block Tariffs In Small Biz Case
The U.S. Court of International Trade on Tuesday declined to issue a temporary restraining order blocking President Donald Trump's tariffs against a group of five small businesses based in various states, finding that the businesses weren't facing "immediate and irreparable harm" while the court considers their case.
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April 22, 2025
FTC's Holyoak Wants 'Predictable' Regulatory Space For AI
The Federal Trade Commission won't stop policing fraud and deception powered by artificial intelligence, but flexibility is needed to avoid "misguided enforcement actions or excessive regulation" that could stifle innovation and competition in the emerging field, Commissioner Melissa Holyoak said Tuesday.
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April 22, 2025
ChatGPT Exec Says Google Data Access Could Aid Rival AI
The head of product for OpenAI's ChatGPT vouched Tuesday for the Justice Department's proposal to force Google to produce search data to rivals, telling a D.C. federal judge the suggested remedy for Google's monopolistic conduct could accelerate development of a tool capable of competing directly with Google search.
Expert Analysis
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5 Tools To Help Existing Gov't Contracts Manage Tariff Costs
Five pointers can help government contractors scrutinize their existing contracts for protections like equitable adjustment and duty-free entry clauses, which may help insulate them from tariff-related cost increases, say attorneys at Covington.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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Key Takeaways From The 2025 Spring Antitrust Meeting
Leadership changes, shifting priorities and evolving enforcement tools dominated the conversation at the recent American Bar Association Spring Antitrust Meeting, as panelists explored competition policy under a second Trump administration, agency discretion under the 2023 merger guidelines and new frontiers in conduct enforcement, say attorneys at Freshfields.
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5 Key Licensing Considerations For AI Innovations
As businesses increasingly integrate artificial intelligence technology into their operations, they must prepare to address complex intellectual property challenges and questions surrounding licensing AI-based innovations, which require careful consideration of ownership, usage rights and regulatory compliance, says Lestin Kenton at Sterne Kessler.
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3 Action Items For Innovators Amid Fintech Regulatory Pivot
As the federal banking agencies seek to smooth the way for banks to engage in crypto-related activities, banks and technology companies should take note of this new chapter in payments services, especially as leadership in digital financial technology becomes a national priority, says Jess Cheng at Wilson Sonsini.
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What PFAS-Treated Clothing Tariff Bill Would Mean For Cos.
In keeping with a nationwide trend of greater restrictions on per- and polyfluoroalkyl substances, legislation pending in the U.S. House of Representatives would remove tariff advantages for PFAS-treated clothing — so businesses would be wise to proactively adapt their supply chains and review contracts to mitigate liability, say attorneys at Alston & Bird.
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Tariffs And FCA Create Perfect Storm For Importers
The Trump administration's aggressive tariff policies pose a high risk to certain importation practices that are particularly likely to trigger False Claims Act enforcement, say attorneys at Jeffer Mangels.
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Running A Compliant DEI Program After EEOC, DOJ Guidance
Following recent guidance from the U.S. Equal Employment Opportunity Commission and the U.S. Department of Justice that operationalized the Trump administration's focus on ending so-called illegal DEI, employers don't need to eliminate DEI programs, but they must ensure that protected characteristics are not considered in employment decisions, say attorneys at Holland & Knight.
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A Closer Look At New NYSE, Nasdaq Listing Rule Changes
The U.S. Securities and Exchange Commission has recently approved changes to the New York Stock Exchange's and the Nasdaq's listing rules on reverse stock splits, minimum share price requirements and required liquidity for initial listings, meaning listed companies facing delisting will have fewer means to regain compliance, say attorneys at Cahill Gordon.
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Opinion
GENIUS Act Can Bring Harmony To Crypto-Banking Discord
By embracing crypto innovation while establishing appropriate guardrails, the so-called GENIUS Act charts a path forward that promotes financial inclusion and technological advancement without compromising stability or constitutional rights, says J.W. Verret at George Mason University's Antonin Scalia Law School.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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6 Principles For De-Risking In This Era Of Uncertainty
Companies can emerge from the current period of disruptive transformation stronger than ever by embracing strategies that enable them to methodically evaluate risk, adapt to change without losing purpose, focus on customer value and find competitive advantages amid uncertainty, says David McVeigh at Axiom.
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What 2nd Trump Admin Means For Ship Pollution Compliance
As the second Trump administration's civil and criminal enforcement policies take shape, the maritime industry must ensure it complies with both national and international obligations to prevent oil pollution from seagoing vessels — with preventive efforts and voluntary disclosures being some of the best options for mitigating risk, say attorneys at Holland & Knight.
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Know The Rules And Costs Of New Fla. Condo Inspection Law
Following the first report deadline for a structural integrity law meant to prevent disasters like the 2021 Surfside collapse, Florida condominium associations and unit owners should understand the process of conducting compliant inspections and anticipate new assessments to fund required maintenance, say attorneys at Ball Janik.