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Compliance
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January 09, 2025
Gordon Rees Adds Former Fintech GC In NY, Miami
Gordon Rees Scully Mansukhani LLP said Thursday that it has brought on a new financial services partner who recently served as general counsel at fintech firms.
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January 09, 2025
High Court Ruling Looms Over FERC Gas Enforcement Deal
A TotalEnergies unit will pay $5 million to end a decadelong Federal Energy Regulatory Commission gas market manipulation probe, an enforcement case that was weakened by the U.S. Supreme Court's June ruling that limits the authority of in-house agency judges.
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January 09, 2025
Judge Nixes Bid To Depose SEC Counsel In $73M Fraud Case
A New Jersey federal magistrate judge has denied a credit reporting agency's bid to depose four U.S. Securities and Exchange Commission attorneys and to compel the production of their witness interview notes in a civil enforcement action over an alleged $73 million fraud, ruling the information sought is protected by the work-product doctrine.
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January 09, 2025
DOJ Fights Apple's Intervention In Google Search Remedies
The U.S. Department of Justice is opposing Apple Inc.'s "eleventh-hour effort" to have a say in what should be a proper fix for Google's search monopoly, telling a D.C. federal judge that the company has had ample opportunity to defend its lucrative revenue-sharing agreement with Google.
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January 09, 2025
Chamber, Bank Groups Press For Halt To CFPB Overdraft Rule
The U.S. Chamber of Commerce, the Bank Policy Institute and several other banking industry groups have added their voices in opposition to the Consumer Financial Protection Bureau's new $5 overdraft fee rule through amici curiae briefs filed in Mississippi federal court.
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January 09, 2025
IRS Gets First Dibs On $1M BP Oil Spill Payout, 11th Circ. Says
The IRS gets first priority to a $1 million settlement BP paid to a staffing company that racked up $23 million in federal tax debt and went bankrupt following the Deepwater Horizon oil spill, the Eleventh Circuit affirmed, denying an insurer's claim to the money.
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January 09, 2025
Trump's Return Brings 'Deeper Anxiety' To DOJ Fraud Attys
White collar practitioners say they've heard from U.S. Department of Justice attorneys who are anxiously bracing for the possibility of working with fewer resources while confined to narrower enforcement priorities after Donald Trump returns to the Oval Office.
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January 08, 2025
CFPB Plots Personal Lender Oversight, Funds Access Rules
The Consumer Financial Protection Bureau said Wednesday that it plans to pursue a pair of rulemakings aimed at speeding up the availability of deposited funds at banks and bringing larger nonbank personal lenders under its supervision.
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January 08, 2025
2nd Circ. Weighs FIFA Verdicts In Light Of High Court Rulings
Brooklyn federal prosecutors on Wednesday urged the Second Circuit to reverse a lower court's controversial decision to overturn the bribery convictions of a former 21st Century Fox television executive and an Argentine marketing company, disputing that the U.S. Supreme Court's recent corruption rulings impact the massive FIFA corruption ordeal.
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January 08, 2025
FCC Hikes Fines For Failing To Comply With Robocall Rules
The Federal Communications Commission unveiled rules Wednesday to increase the penalties that telecommunication companies could face if they don't comply with their obligation to send information to a central database that tracks anti-robocall compliance.
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January 08, 2025
Whistleblower Attys Get $8.7M In Academy Mortgage FCA Suit
Counsel representing a whistleblower will receive $8.7 million in fees and expenses — less than requested — for their role in reaching a $38.5 million deal with Academy Mortgage in a suit accusing the company of submitting false claims, according to a newly public order.
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January 08, 2025
Convicted Ex-Nomura Trader To Settle SEC's RMBS Action
Ex-Nomura Securities International Inc. trader Michael Gramins, who was convicted in 2017 of scheming to trick mortgage bond buyers, has reached a tentative agreement with the U.S. Securities and Exchange Commission to settle follow-on civil claims, according to an agency filing on Wednesday.
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January 08, 2025
Quantitative Trader Accused Of Stealing Firm's Source Code
New York federal prosecutors have accused a quantitative trader of stealing the secrets of a billion-dollar company's source code from his former employer to use at his own trading firm, according to an indictment unsealed Wednesday in New York federal court.
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January 08, 2025
NY Fed Beats Puerto Rico Bank's Suit Over Master Account
A New York federal judge on Wednesday tossed without prejudice a Puerto Rico bank's suit that sought to block the closure of its Federal Reserve master account, finding the New York Fed's interpretation of the Federal Reserve Act was correct and that the bank does not have a statutory right to a master account.
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January 08, 2025
Mich. Utility Tells DC Circ. It Can Challenge FERC Decision
A Michigan transmission owner has told the D.C. Circuit that the Federal Energy Regulatory Commission's challenge of its ability to protest the agency's refusal to grant it sole ownership of grid updates needed to serve a Michigan solar farm is "meritless."
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January 08, 2025
Edward Jones Fined $17M Over Customer Transition Fees
Edward Jones has agreed to pay $17 million to end an investigation into alleged supervisory failures that may have led it to overcharge customers who transitioned from its brokerage division to its advisory division, state regulators announced Wednesday.
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January 08, 2025
Khan Acknowledges 'Open Question' On Trump Antitrust Plan
Outgoing Federal Trade Commission Chair Lina M. Khan argued Wednesday that the Biden administration's aggressive antitrust enforcement has scored real wins, even as she expressed mixed optimism in remarks about that legacy as Donald Trump retakes the White House.
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January 08, 2025
Musk Appeals $56B Pay Package Rejection To Del. High Court
Tesla Inc. CEO Elon Musk and other top Tesla executives officially appealed to the Delaware Supreme Court on Wednesday a series of chancellor rulings that scuttled Musk's $56 billion, 10-year pay package and awarded a shareholder's counsel $345 million in fees in the yearslong derivative dispute.
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January 08, 2025
Texas Station Faces $369K Fine For Emergency Alert Failures
A local Texas television station is under fire from the Federal Communications Commission for failing to run proper nationwide emergency tests in three separate years, according to a new forfeiture notice from the agency.
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January 08, 2025
ATF Says Loophole Rule Passes 2nd Amendment Smell Test
The Bureau of Alcohol, Tobacco, Firearms and Explosives has doubled down in its bid to uphold a new rule in a case over the so-called gun-show loophole rule, saying in a Texas federal court that a group of red states hadn't shown how the rule lacks founding-era precedent.
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January 08, 2025
Uber Rider's Discrimination Suit Sent To Arbitration
A blind Uber customer must arbitrate claims that the drivers on the ride-sharing platform discriminate against visually impaired riders who use service animals, a D.C. federal judge has ruled.
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January 08, 2025
Epic Gets Backing For Google App Store Changes
Epic Games has received support from federal antitrust enforcers, Microsoft and others at the Ninth Circuit as the game developer fights Google's bid to appeal an order forcing the tech giant to loosen its policies surrounding the distribution of apps on Android devices.
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January 08, 2025
Final Treasury Regs Grow Low-Income Bonus Energy Credits
New hydropower, nuclear, solar, geothermal and other nonpolluting energy facilities developed in areas designated as low-income communities are eligible for bonus investment tax credits under final regulations the U.S. Treasury Department unveiled Wednesday.
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January 08, 2025
CFPB Hit With Industry Suit Over Medical Debt Reporting Rule
A top trade group for the credit reporting industry has moved to challenge the Consumer Financial Protection Bureau's new rule that would take billions of dollars in medical debt off credit reports, accusing the agency of overreach in a lawsuit filed in Texas federal court.
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January 08, 2025
H&R Block To Pay $7M Fine In False Ad Settlement With FTC
Tax preparation giant H&R Block will pay a $7 million fine to help customers harmed by what the Federal Trade Commission called its deceptive advertising practices and make it easier for customers to downgrade to cheaper products under a settlement with the agency announced Wednesday.
Expert Analysis
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Conducting A 'Reasonably Expected Market Area' Analysis
Regardless of whether the incoming administration scales back on redlining examinations and investigations, lenders should take steps to understand how regulators define "reasonably expected market areas," and how to conduct analyses of such areas, say attorneys at Mitchell Sandler.
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Opinion
Justices Rightly Corrected Course In Nvidia And Facebook
By dismissing both the Nvidia and Facebook class actions, over investors' ability to hold corporations accountable for fraud, the U.S. Supreme Court was right in refusing to favor corporations over transparency, and reaffirmed its commitment to corporate accountability, investor protection and the rule of law, says Laura Posner at Cohen Milstein.
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Gov't Scrutiny Of Workplace Chat Apps Set To Keep Growing
The incoming Trump administration and Republican majorities in Congress are poised to open numerous investigations that include increasing demands for entities to produce communications from workplace chat apps, so companies must evaluate their usage and retention policies, say attorneys at Orrick.
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2024 Regulatory Developments For Bank-Fintech Partnerships
Joseph Silvia at Duane Morris reviews a handful of particularly noteworthy 2024 updates regarding bank-fintech partnerships, including federal banking agencies issuing a number of important pieces of guidance that reiterate and update previous guidance in the area of third-party risk management.
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2025's Midmarket M&A Terrain May Hold A Few Bright Spots
Attorneys at Stoel Rives assess middle-market merger and acquisition trends, and explain why many dealmakers have turned cautiously optimistic about the sector's 2025 prospects, despite potential inflation and new Federal Trade Commission rules.
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Top 10 Whistleblowing And Retaliation Events Of 2024
From a Florida federal court’s ruling that the False Claims Act’s qui tam provision is unconstitutional to a record-breaking number of whistleblower tips filed with the U.S. Commodity Futures Trading Commission, employers saw significant developments in the federal and state whistleblower landscapes this year, say attorneys at Proskauer.
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The Implications Of 2024's AI Rules And Regs For Patent Attys
Christina Huang, John Smith and Devin Stein at Faegre Drinker review this year's new rules and regulations on the development and use of artificial intelligence — from the Biden administration, the U.S. Patent and Trademark Office, the American Bar Association and various states — as they apply to patent attorneys.
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Green Card Sponsorship Expectations Reset In 2024
In 2024, adjudication times for employment-based green card applications increased to about 13 months, prompting more employers to implement varied strategies to avoid losing talent and minimize business disruptions, a trend that is likely to continue in the new year, says Jennifer Cory at FisherBroyles.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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Changes To Expect From SEC Under Trump Nominee
President-elect Donald Trump's nomination of Paul Atkins for U.S. Securities and Exchange Commission chair will likely lead to significant shifts in the Division of Enforcement's priorities, likely focused on protecting retail investors and the stability of the capital markets, say attorneys at Morrison Foerster.
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Ring In The New Year With An Updated Employee Handbook
One of the best New Year's resolutions employers can make is to update their employee handbooks, given that a handbook can mitigate, or even prevent, costly litigation as long as it accounts for recent changes in laws, court rulings and agency decisions, say attorneys at Kutak Rock.
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'Minimal Participant' Bar Is Tough To Clear For Whistleblowers
Under the U.S. Department of Justice’s corporate whistleblower pilot program, would-be whistleblowers will find it tough to show that they only minimally participated in criminal misconduct while still providing material information, but sentencing precedent shows how they might prove their eligibility for an award, say attorneys at MoloLamken.
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9 Things To Expect From Trump's Surprising DOL Pick
The unexpected nomination of Rep. Lori Chavez-DeRemer, R-Ore., to lead the U.S. Department of Labor reflects a blend of pro-business and pro-labor leanings, and signals that employers should prepare for a mix of continuity and moderate adjustments in the coming years, say attorneys at Fisher Phillips.
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Impact Of Corporate Transparency Act Ambiguity On Banks
Even though banks generally needn't file beneficial ownership information reports, financial institutions must continue to monitor the status of the Corporate Transparency Act and understand its requirements in case the nationwide injunction that was issued against the CTA earlier this month is overturned, say attorneys at Armstrong Teasdale.
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A Look At SEC, CFTC's Record Year For Whistleblower Awards
Another banner year shows that the U.S. Securities and Exchange Commission and U.S. Commodity Futures Trading Commission have developed the gold standard for whistleblower award programs, but a CFTC funding crisis threatens to derail that program's success, say Andrew Feller and Geoff Schweller at Kohn Kohn.