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Compliance
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February 28, 2025
Missouri Judge Won't Step Aside From Plastics Recycling Suit
A Missouri federal judge denied petrochemical companies' request that he recuse himself from a proposed class action accusing them of misleading people about plastic's recyclability due to his wife's position as a Kansas City council member.
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February 28, 2025
GC Cheat Sheet: The Hottest Corporate News Of The Week
While many companies are removing diversity language from their public websites, a new survey shows that about half of its respondents do not plan on changing their DEI programs. And the general counsel for the new Tiger Woods/Rory McIlroy golf league talked about his love of the sport and the legal work involved in the new venture.
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February 27, 2025
Norfolk Southern Escapes Investors' Derailment Fraud Suit
A New York federal judge on Thursday dumped a proposed securities fraud class action alleging Norfolk Southern misled investors by falsely touting its commitments to safety while embarking on risky cost-cutting operational and staffing changes that ultimately led to 2023's fiery derailment in East Palestine, Ohio.
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February 27, 2025
FTC Asks To Delay In-House PBM Insulin Case
Arguing that pharmacy benefit managers accused of artificially inflating insulin prices have already "unreasonably delayed" discovery, the Federal Trade Commission is asking an in-house judge to push back an evidentiary trial in the case, saying it would allow the administrative court more time to accommodate up to 17 expert witnesses.
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February 27, 2025
SEC Revives Suit Alleging $4.1M Bogus Mutual Fund Scheme
The U.S. Securities and Exchange Commission on Thursday revived a lawsuit accusing a Lithuanian citizen living in the U.S. of using a series of nonexistent mutual funds to bilk dozens of investors out of roughly $4.1 million.
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February 27, 2025
Feds Can't Dodge Firefighting Foam Suits Yet, SC Judge Rules
A South Carolina federal judge on Thursday denied the U.S. government's push to escape dozens of suits over contamination allegedly stemming from its use of forever chemical-containing firefighting foams, saying cases involving a military base in New Mexico showed its global motion to dismiss to be inappropriate.
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February 27, 2025
Congress Prioritizes Enviro Regs On Nix List
Congressional Republicans have lined up several actions that would undo Biden-era environmental initiatives, from water heater efficiency standards to a Clean Air Act amendment that laid the groundwork for grants that are now in the Trump administration's crosshairs.
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February 27, 2025
Trump's CFPB Pick Vows To 'Follow The Law' As Cases Pulled
Trump nominee Jonathan McKernan told U.S. senators on Thursday that he'd be the one calling the shots at the Consumer Financial Protection Bureau if confirmed as its director, but his message of independence was muddled by a wave of enforcement dismissals that hit federal courts in the middle of his confirmation hearing.
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February 27, 2025
Lottery.com Investor Suit Over IPO Disclosures Trimmed
A New York federal judge trimmed a consolidated securities suit against third-party lottery website Lottery.com, tossing a handful of alleged misstatements made before its merger with a special purpose acquisition company and claims several of the individual defendants pushed through the merger for their financial gain, among other things.
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February 27, 2025
Ga. Developers Accused Of Polluting During Solar Farm Build
A Floyd County, Georgia, couple has accused local developers of polluting streams and a lake on their property during the construction of a solar farm, in violation of the Clear Water Act.
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February 27, 2025
Unions Can Depose DOGE In Agency Access Suit, Judge Says
The Department of Government Efficiency must tell a group of unions whom it's sent into the Department of Labor, the Department of Health & Human Services and the Consumer Financial Protection Bureau and what computer systems they've accessed, a D.C. federal judge ruled Thursday.
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February 27, 2025
SEC Says Meme Coins Are Not Securities
The U.S. Securities and Exchange Commission staff declared Thursday that so-called meme coins do not fall under the agency's jurisdiction and that purchasers of the coins should not expect to be protected by federal securities laws.
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February 27, 2025
Texas Attorney Says He Can Contact Party While Pro Se
An attorney barred from practicing law for five years has told the Texas Supreme Court that he was allowed to contact members of the Texas Bar's disciplinary wing instead of their counsel because he was pro se, asking the court to toss his punishment.
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February 27, 2025
Congress Sends EPA Methane Fee Rule Repeal To Trump's Desk
Congress on Thursday passed a resolution scrapping the U.S. Environmental Protection Agency's imposition of a methane emissions fee on oil and gas companies, a move that may create uncertainty for industry as the fee remains legally mandated.
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February 27, 2025
SEC Ends Coinbase Case As Uyeda Pledges To 'Rectify' Policy
The U.S. Securities and Exchange Commission confirmed Thursday that it will walk away from its suit against cryptocurrency exchange Coinbase to clear the way for its newly created Crypto Task Force to develop digital asset policy "in a more transparent manner."
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February 27, 2025
Family Denies Role In $81M Son-Of-Boss Tax Scheme
The government failed to prove that former shareholders of a family holding company knew the buyer of their company stock was shorting the IRS nearly $81 million and that they should be on the hook for the taxes, family members told a New York federal court Thursday.
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February 27, 2025
DOJ Tells DC Circ. To Keep Apple Out Of Google Case
The U.S. Department of Justice is urging the D.C. Circuit to keep Apple out of its remedies case against Google, arguing that Apple "sat on its hands" for years despite knowing from the outset of the litigation that its default search agreement with Google was at stake.
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February 27, 2025
Calif. Data Broker Gets 3-Year Ban For Not Registering
The California Privacy Protection Agency has notched another settlement in its investigative enforcement of data broker registration compliance, announcing Thursday it had secured a deal that requires a company touting its ability to unearth "scary" amounts of consumer information to cease operations for the next three years.
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February 27, 2025
Lead Testing Co. Director To Admit False Statements
A former quality assurance director for Magellan Diagnostics will plead guilty to making misleading statements to the government about a malfunction in a device that measures lead levels in blood, according to filings in Massachusetts federal court Thursday.
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February 27, 2025
Consensys Says SEC Will Drop Its Crypto Case, Too
The founder of blockchain firm Consensys said on Thursday that the U.S. Securities and Exchange Commission has agreed to drop its enforcement suit over the firm's MetaMask software, marking the second cryptocurrency firm this month to announce a coming dismissal from the agency as it overhauls its approach to the industry.
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February 27, 2025
Concrete Co. Admits Safety Gaffe Linked To Worker's Death
A Delaware-based construction industry supplier with operations in Ohio has pled guilty to willfully violating federal workplace safety regulations in connection with the 2020 death of an employee, the U.S. Attorney's Office for the Southern District of Ohio announced.
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February 27, 2025
Conn. Supreme Court Snapshot: Water Rates, Judicial Attacks
An Eversource unit's request to offset inflation and $42 million in new infrastructure projects through rate hikes will top the Connecticut Supreme Court's March docket, with the justices examining another in a list of challenges to state regulators' attempts to keep a lid on customer costs.
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February 27, 2025
Magnet Co. Execs To Plead Guilty For Emailing Info To China
Two magnetics manufacturing company executives have agreed to enter a plea of guilty for their role in emailing schematics from U.S. Department of Defense contractors to Chinese companies and will face three years behind bars.
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February 27, 2025
Energy Co. Sued Over Rent, Radioactive Waste Disclosures
A Brooklyn property owner and two companies accused National Grid of owing rent on the site of a former industrial facility and impeding their businesses by not telling them quickly enough that there were radioactive materials there.
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February 27, 2025
Defunct School's $5M Deal For Students Gets Final OK
A Connecticut judge on Thursday approved a $5 million class action settlement between a shuttered nursing school and students affected by its sudden shutdown, also awarding at least $1.25 million to the Milford firm that spearheaded the litigation.
Expert Analysis
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Likely Doomed CFPB Contract Rule Still Has Industry Pointers
While the Consumer Financial Protection Bureau's January proposal on consumer financial contract provisions is unlikely to be finalized under the new administration, its provisions are important for industry to recognize, particularly if state attorneys general decide to take up the enforcement mantle, say attorneys at Saul Ewing.
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Preparing For A Possible End To The Subminimum Wage
The U.S. Department of Labor's proposed rule to end the subminimum wage for employees with disabilities may significantly affect the community-based rehabilitation and training programs that employ these workers, so certified programs should be especially vigilant about compliance during this period of evaluation and scrutiny, say attorneys at Jackson Lewis.
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Losing A Motion To Dismiss Ruling Isn't Necessarily The End
A recent Delaware Court of Chancery ruling, that the Manti Group had not demonstrated any conflicts of interest favoring private equity fund operator The Carlyle Group, serves as an important reminder that a decision on a pleading motion is not the end of the story, say attorneys at Sidley.
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Anticipating Direction Of Cosmetics Regulation Under Trump
It is unclear how cosmetics regulation reform from the last few years will fare under President Donald Trump, but the new administration's emphasis on deregulation and Robert F. Kennedy Jr.'s views on product safety provide some insight, say attorneys at Crowell & Moring.
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Best Practices To Optimize Cybersecurity Insurance
As cyberthreats continue to evolve, the risks associated with third-party vendor breaches are an increasing concern, so businesses must not only reevaluate their internal cybersecurity insurance, but also take proactive steps to evaluate and manage the risks posed by their third-party relationships, say attorneys at Reed Smith.
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How Cos. Can Prepare Now For SEC E-Filing System Changes
The U.S. Securities and Exchange Commission's amendments to the Electronic Data Gathering, Analysis and Retrieval system are designed to improve access to and management of EDGAR accounts, and with the March 24 effective date fast approaching, and the transition requiring significant coordination, companies should begin planning now, say attorneys at Debevoise.
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The Tides Are Changing For Fair Access Banking Laws
The landscape of fair access banking laws, which seek to prevent banks from denying services based on individuals' ideological beliefs, has shifted in the last few years, but a new presidential administration provides renewed momentum for advancing such legislation against the backdrop of state efforts, say attorneys at Latham.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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A Halftime Analysis Of DOJ's Compensation Pilot Program
The U.S. Department of Justice appears to consider the first half of its three-year pilot program on compensation incentives and clawbacks to be proceeding successfully, so companies should expect prosecutors to emphasize the program and other compliance-related considerations early in investigations, say attorneys at Debevoise.
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What To Expect From Trump's Deputy Labor Secretary Pick
President Donald Trump's nominee for deputy secretary of the U.S. Department of Labor, Keith Sonderling, has a track record of prioritizing clear guidance on both traditional and cutting-edge issues, which can provide insight into what employers can expect from his leadership, say attorneys at Littler.
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Top 10 Healthcare And Life Sciences Issues To Watch In 2025
Under the new Trump administration, this coming year may benefit some healthcare and life sciences stakeholders, while creating new challenges for others amid an increasingly complex regulatory environment, say attorneys at Debevoise.
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A Look At Order Ending Federal Contractor Affirmative Action
To comply with President Donald Trump's executive order revoking affirmative action requirements in the next 90 days, federal contractors should focus on identification of protected groups, responsibilities of "diversity officer" positions and annual compliance reviews, says Jeremy Burkhart at Holland & Knight.
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Why Trump's FTC May Not U-Turn On Robinson-Patman
The Federal Trade Commission's recent revival of Robinson-Patman Act enforcement may well be here to stay under the Trump administration — albeit with some important caveats for businesses caught in the government's crosshairs, say attorneys at Reed Smith.
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4 Keys To Litigating In An Active Regulatory Environment
For companies facing litigation influenced by government regulatory action — a recent trend that a politically charged atmosphere will exacerbate — there are a few principles that can help to align litigation strategy with broader public positioning in the regulatory and oversight context, say attorneys at Jenner & Block.
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Kiromic SEC Order Shows Importance Of Self-Reporting
The U.S. Securities and Exchange Commission's recently filed settled charges against Kiromic BioPharma illustrate the critical intersection between U.S. Food and Drug Administration regulatory processes and investor disclosures under the securities laws, and showcase how responding promptly to internal whistleblower reports may reap benefits, say attorneys at Arnold & Porter.