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Compliance
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April 01, 2025
Fla. Defends Sandoz Price-Fixing Settlement Terms
Florida defended its deal with Sandoz Inc. on Monday, saying the other states suing the generic-drug maker over price-fixing have no right to object to the settlement, which does not require court approval and does not affect the states objecting to it.
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April 01, 2025
Conn. Banking Boss Orders Fintech Duo To Repay Investors
Connecticut's banking regulator has ordered two dissolved Greenwich-based companies to reimburse dozens of investors $843,000 for making them believe their money was earmarked for an investment algorithm patent, when instead company founders blew some of the cash at salons and department stores and on plastic surgery.
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April 01, 2025
Trump Admin Fights Wash.'s Bid To Expand Layoff Injunction
The Trump administration has urged a California federal judge to reject the state of Washington's request to expand an injunction blocking federal agencies from firing probationary employees, saying the bid to broaden the order to other agencies is unnecessary and based on unfounded speculation of harm.
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April 01, 2025
7th Circ. Won't Stay Medicaid Row For High Court Petition
The Seventh Circuit on Tuesday denied a bid by a Chicago hospital to stay the court's ruling affirming the dismissal of its lawsuit against Illinois seeking to enforce timely Medicaid payments, rejecting the medical facility's argument that proceedings should be paused while it appeals to the U.S. Supreme Court because the case grapples with "a question of national importance."
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April 01, 2025
Ga., Army Corps Beat Ala. Challenge To Water Use Plan
A D.C. federal judge ruled that the U.S. Army Corps of Engineers did not need congressional approval to increase Georgia's water allocations from a metro Atlanta lake, handing a win to the Army Corps and the Peach State in a decadelong fight with the state of Alabama.
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April 01, 2025
Green Groups Sue NY To Spur Climate Regulations
A coalition of environmental groups have asked a New York judge to order the state to issue overdue regulations needed to meet its ambitious greenhouse gas reduction targets.
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April 01, 2025
Court Won't Toss FTC's Merger Penalty Case Against 7-Eleven
A D.C. federal court refused to toss the Federal Trade Commission's case looking to hit 7-Eleven with a $77.5 million penalty for allegedly violating a merger settlement after rejecting arguments that only the U.S. Department of Justice can seek civil penalties for the commission.
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April 01, 2025
SEC Settles With Pot App Owner Over Alleged $1.6M Fraud
The U.S. Securities and Exchange Commission settled claims Tuesday against CannaCloud Inc. and its owner alleging that he duped investors into pouring $1.65 million into the business, but then took $1.5 million to pay off his own debts and go to casinos.
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April 01, 2025
Bitcoin Rival Appeals Grayscale's Win In $2M CUTPA Suit
Cryptocurrency company Osprey Funds LLC is appealing a Connecticut state judge's ruling against it in its unfair trade practice suit accusing digital asset management firm Grayscale Investments LLC of misleading bitcoin investors about the security of their investments after the state court declined to reconsider its decision.
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April 01, 2025
Ex-Biotech CEO Wrongly Sentenced To 7 Years, DC Circ. Told
A former biotech executive who pled guilty to misleading investors about a blood-based COVID-19 test urged the D.C. Circuit to order a redo of his seven-year prison sentence on Tuesday, telling an appeals panel that the trial court miscalculated the sentencing guidelines.
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April 01, 2025
Atlanta Settles Enviro Group's Suit Over 'Cop City' Site
The city of Atlanta has agreed to settle an environmental group's legal challenge to the construction of its controversial police training center complex, reaching a deal Monday that includes $70,000 in attorney fees for the group and future water quality monitoring.
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April 01, 2025
EPA, Citibank Fight States' Bid To Restart Grant Funding
The U.S. Environmental Protection Agency and Citibank on Monday said four state infrastructure financing entities that accuse them of illegally withholding federal grant funding have no grounds to support an effort to get the money flowing again.
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April 01, 2025
Fired NLRB Member Urges Full DC Circ. To Avert 'Crisis'
Fired National Labor Relations Board member Gwynne Wilcox urged the full D.C. Circuit to rethink a panel ruling staying her reinstatement, saying Tuesday that en banc review is "urgently necessary" after a majority enabled governmentwide chaos by rewriting U.S. Supreme Court precedent.
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April 01, 2025
House GOP Infighting Delays Push To Repeal 2 CFPB Rules
Plans for the U.S. House to vote on overturning two Biden-era Consumer Financial Protection Bureau rules were scuttled Tuesday by an unrelated fight among Republicans about whether to allow proxy voting for lawmakers with infant children.
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April 01, 2025
Judges Say Hurricanes May Justify FERC Pipeline Inaction
Judges on the D.C. Circuit told environmental groups challenging the construction of a liquefied natural gas pipeline and terminal in Puerto Rico Tuesday that the project was likely necessary to keep the island powered through hurricane season even without a full authorization from the Federal Energy Regulatory Commission.
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March 31, 2025
DuPont Must Face NC Residents' PFAS Claims
A North Carolina federal judge partially granted homeowners' motions for judgment on their claims that a factory operated by DuPont contaminated their land with PFAS, but said Monday that determining damages would be up to a jury.
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March 31, 2025
Lockheed Martin Can't Escape Retirees' 'De-Risking' Suit
Aerospace and defense giant Lockheed Martin can't shed former employees' allegations it mismanaged a $9 billion employee pension plan by using an allegedly risky annuity provider to handle the plan on behalf of 31,000 beneficiaries, a Maryland federal judge has determined.
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March 31, 2025
Wells Fargo Sued Over Online Wire Fraud Protections
Wells Fargo has been hit in by a proposed class action California federal court accusing the bank of leaving its online and mobile banking customers exposed to costly losses from fraudulent wire transfers.
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March 31, 2025
Texas Judge Deems Lab-Test Rule Outside FDA Authority
A Texas federal judge on Monday vacated a new U.S. Food and Drug Administration rule that would have brought lab-developed tests under its regulatory authority as "medical devices," finding that the move exceeded the agency's statutory authority and defied "common sense."
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March 31, 2025
Trump Admin Asks DC Circ. To Stay 'Lawless' CFPB Injunction
The Trump administration moved Monday to thwart a Washington, D.C., federal judge's preliminary injunction that bars it from stopping work and firing employees at the Consumer Financial Protection Bureau, asking the D.C. Circuit for an emergency stay.
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March 31, 2025
Nasdaq's Tighter IPO Rules Raise Bar For Small Companies
Nasdaq is seeking to weed out volatile stocks by tightening listing standards for small companies conducting initial public offerings or uplistings, although lawyers caution that new rules could prompt capital-hungry companies to pursue other listing strategies, including reverse mergers.
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March 31, 2025
Ex-CFTC Enforcement Chief Joins Sidley As Partner
Ian McGinley, who served as the enforcement director for the U.S. Commodity Futures Trading Commission, has joined Sidley Austin as a partner at its New York office, where he will be handling regulatory enforcement and white-collar matters with a focus on commodities and securities laws, the firm said Monday.
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March 31, 2025
US DOT Taps Quinn Emanuel To Probe FAA Diversity Hiring
The U.S. Department of Transportation said Monday that it has hired Quinn Emanuel Urquhart & Sullivan LLP to investigate claims that the Federal Aviation Administration is continuing to prioritize diversity, equity and inclusion when hiring air traffic controllers in defiance of the Trump administration's sweeping anti-DEI policy.
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March 31, 2025
Del. Legal Overhaul Won't Scuttle Key Rulings, Expert Says
A longtime expert on Delaware's general corporation law disputed on Monday predictions that a recently signed legislative overhaul will upend dozens of important precedents in the state.
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March 31, 2025
Mich. Judge Dismisses Biz's 'Pump-And-Dump' RICO Suit
A Michigan federal judge on Monday tossed what he called a confusing "power struggle" of a lawsuit from a company accusing its former leaders of conspiring to install a CEO and leading a pump-and-dump scheme, finding that the company was essentially improperly seeking review of a prior state court judgment that it lost.
Expert Analysis
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How EEOC Enforcement Priorities May Change Under Trump
The U.S. Equal Employment Opportunity Commission has already been rocked by the Trump administration's dramatic changes in personnel and policy, which calls into question how the agency may shift its direction from the priorities set forth in its five-year strategic enforcement plan in 2023, say attorneys at Seyfarth.
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New Fla. Financial Abuse Law May See Limited Buy-In
Florida's newly effective financial protection law comes with compliance burdens and uncertainties that could discourage financial institutions from participating, even though the law aims to shield them from liability for delaying transactions when they suspect exploitation of elderly and vulnerable account holders, say attorneys at Shutts & Bowen.
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Why Acquirers Should Reevaluate Federal Contract Risk
Long thought of as a stable investment, the scale with which the Trump administration is attempting to eliminate federal contracts is unprecedented, and acquirer considerations should include the size and scope of all active and pending government contracts of target companies, say attorneys at Winston & Strawn.
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Navigating The Uncertain Future Of The Superfund PFAS Rule
The D.C. Circuit's recent grant of a pause in litigation while the U.S. Environmental Protection Agency reviews the Biden-era designation of two per- and polyfluoroalkyl substances as "hazardous" under the Superfund law creates new uncertainty for companies — but more lawsuits are likely as long as the rule remains in effect, say attorneys at Alston & Bird.
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Opinion
SEC Defense Bar Should Pursue Sanctions Flexibility Now
The U.S. Securities and Exchange Commission defense bar has an opening under the new administration to propose flexible, tailored sanctions that can substantially remediate misconduct and prevent future wrongdoing instead of onerous penalties, which could set sanctions precedent for years to come, says Josh Hess at BCLP.
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What To Know About Insurance Coverage For Greenwashing
As the number of public and private lawsuits relating to greenwashing dramatically grows, risk managers of companies making environmental claims should look to several types of insurance for coverage in the event of a suit, say attorneys at Hunton.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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Considering The Future Of AI Regulation On Health Sector
As Texas looks to become the next state to pass a comprehensive law regulating artificial intelligence, the healthcare industry should consider how AI regulation will continue to evolve in the U.S. and how industry members can keep up with compliance considerations, say attorneys at Kirkland & Ellis.
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30 Years Later: How PSLRA Has Improved Securities Litigation
In the 30 years since the Private Securities Litigation Reform Act's passage, the statute has achieved its purpose of shifting securities class actions to investors most capable of monitoring the litigation, selecting competent counsel at competitive rates and maximizing recoveries for the investor classes they represent, say attorneys at Bernstein Litowitz.
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How Banks Can Prepare For NYDFS Overdraft Overhaul
The New York State Department of Financial Services' recent proposal to amend overdraft rules for financial institutions underscores states' potential to create consumer protection mechanisms in the absence of meaningful federal action, say attorneys at Steptoe.
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Terraform Case May Be Bellwether For Crypto Enforcement
The prosecution of crypto company Terraform Labs and its CEO, Do Kwon, offers a unique test of the line between lawful and unlawful conduct in digital transactions, and the Trump administration’s posture toward the case will provide clues about its cryptocurrency enforcement agenda in the years to come, say attorneys at Brooks Pierce.
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Contractor Liability When Directing Subcontractor Workforce
A recent Virginia Court of Appeals decision that rejected a subcontractor employee’s tortious interference claim should prompt prime contractors to consider how to mitigate liability risk associated with directing a subcontractor to remove its employee from a federal project, say attorneys at Venable.
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What's Next For Russia Sanctions After Task Force Disbanded
Attorney General Pam Bondi’s recent disbanding of Task Force KleptoCapture, which was initially aimed at seizing Russian oligarchs’ funds and assets, is unlikely to mean the end of Russia sanctions enforcement and other economic countermeasures, as the architecture for criminal enforcement remains in place, say attorneys at BakerHostetler.
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Texas Banking Dept. Memo Demystifies Crypto Classifications
A recent memorandum from the Texas Department of Banking provides clarity with respect to the classification of both stablecoins and nonstablecoin virtual currencies under the state's Money Services Modernization Act, flagging for firms that stablecoins may be scrutinized more closely as money transmission, say attorneys at Lowenstein Sandler.