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Compliance
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February 25, 2025
FBI Came For Abramoff Asking About Russian Spy-Linked Pal
Disgraced lobbyist and government witness Jack Abramoff told jurors Tuesday during his cross-examination at the fraud trial of a cryptocurrency company founder he worked for that the FBI initially approached him in 2018 with questions about his connection to a conservative operative once linked to a Russian agent.
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February 25, 2025
San Francisco Must Face Airline Group's Suit Over Health Law
San Francisco lost its bid to escape an airline industry group's challenge to a healthcare ordinance Tuesday, with a California federal judge ruling that the city and county must face claims that the Healthy Airport Ordinance is preempted by three federal statutes.
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February 25, 2025
Wage-Fixing Jury Should Hear Of DOJ Pivot, Exec Says
A nursing executive headed for trial next month on wage-fixing charges has urged a Nevada federal judge to let the jury hear that before 2016 the Justice Department didn't view such conduct as criminal, in the lone remaining test of the DOJ's labor antitrust enforcement initiative.
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February 25, 2025
Apple Litigation Director Threatened With Sanctions At Hearing
A California federal judge presiding over a high-stakes evidentiary hearing into whether Apple has complied with her 2021 antitrust injunction threatened to sanction Apple's commercial litigation director Tuesday, telling counsel she has "significant concerns" about Apple's over-designation of attorney-client privilege, saying, "Your client is not entitled to have you engage in unethical conduct."
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February 25, 2025
En Banc DC Circ. Wrestles With FEC Enforcement Discretion
The en banc D.C. Circuit grappled Tuesday with a line of its own cases that restrict judges from scrutinizing federal election regulators when they decline to investigate campaign finance complaints, questioning how to approach nonenforcement decisions that invoke commissioners' discretion.
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February 25, 2025
Binance Can't Evade Terror Victims' Suit, But It's Trimmed
The New York federal judge overseeing Hamas attack survivors' claims against Binance and its former CEO said on Tuesday that the defendants can't dodge the suit claiming they aided terrorist groups on a jurisdictional basis, but said some of the plaintiffs are not closely related enough to the victims to bring claims under the Anti-Terrorism Act.
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February 25, 2025
Trump Admin Says 'There Will Continue To Be A CFPB'
The Trump administration denied late Monday that it is planning to eliminate the Consumer Financial Protection Bureau, telling a D.C. federal judge that it had closed the agency's headquarters and benched employees instead partly due to their own "disruptive protests."
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February 25, 2025
FDIC Will No Longer Defend In-House Judges In Bank Suit
The Federal Deposit Insurance Corp. has told a Kansas federal judge that it will no longer defend its use of in-house judges in litigation with a Kansas bank after the U.S. Department of Justice determined that "multiple layers of removal restrictions" for the judges are unconstitutional.
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February 25, 2025
Calif. AG Agrees To Strike Part Of Landmark Social Media Law
California Attorney General Rob Bonta has agreed to abandon a key part of the Golden State's groundbreaking law requiring social media companies to disclose their content moderation policies as part of a settlement with X Corp., according to a stipulation filed in federal court.
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February 25, 2025
Block Considers NY Settlement Over Money-Laundering Curbs
Block Inc., the parent company of the peer-to-peer mobile payments platform Cash App and payments platform Square, is working to resolve allegations from New York state's financial regulator touching on its compliance with money-laundering restrictions, the company says.
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February 25, 2025
GoDaddy, Tech Co. Quietly Agree To Kill Antitrust Suit
The world's largest domain registrar, GoDaddy, has come to terms with the company behind an antitrust suit claiming that it blackballed the tech company from its platform, according to documents filed recently in Virginia federal court.
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February 25, 2025
Meta Says 9th Circ. Shouldn't Touch Antitrust Cert. Denial
The Ninth Circuit should refuse to take up the appeal of a proposed class that was denied certification due to its novel theory that Meta Platforms Inc. would have been forced to pay users for the use of their data if it hadn't lied about how it was using it, the social media behemoth has told the court.
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February 25, 2025
Another Crypto Co. Says SEC Inquiry Ends Without Action
Decentralized finance platform Uniswap Labs announced Tuesday that the U.S. Securities and Exchange Commission closed its multi-year investigation into the firm, marking the latest crypto business to claim the regulator is walking away without taking action.
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February 25, 2025
Petrochemical Cos. Want Judge Out Of Plastic Recycling Row
Petrochemical companies called on a Missouri federal judge to recuse himself from a proposed class action accusing them of misleading customers about the recyclability of plastic, saying his wife has a direct interest in the case as a Kansas City city council member.
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February 25, 2025
Ex-Privacy Board Members Sue Trump Over Firings
Two Democrats who had served on Congress' privacy watchdog over the executive branch's counterterrorism policies are suing the Trump administration, claiming they were illegally fired from the nonpartisan board to deny it a quorum and end its oversight.
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February 25, 2025
FTC Probing $615M Healthcare Staffing Merger
Talent software and staffing company Aya Healthcare Inc.'s roughly $615 million bid to buy Cross Country Healthcare Inc. and take the staffing and recruitment company private hit a snag last week with a Federal Trade Commission merger probe that prevents the transaction from closing, for now.
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February 25, 2025
5th Circ. Asks NLRB To Back Up Coercion Claim Against Apple
A Fifth Circuit panel asked the National Labor Relations Board to spell out how Apple Inc. was coercive to a worker during a unionization push in New York, pondering Tuesday whether affirming the board's finding would tamp down on the company's freedom of expression.
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February 25, 2025
Tampa Bay Rays To Return $200K In Alleged Ponzi Proceeds
A Georgia federal judge on Tuesday approved a settlement in which the Tampa Bay Rays have agreed to relinquish $200,000 the baseball team received for marketing services as part of an alleged Ponzi scheme.
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February 25, 2025
PCAOB Fines PwC Israel $2.75M For Training Exam Cheating
An Israeli accounting firm affiliated with PricewaterhouseCoopers on Tuesday agreed to pay the Public Company Accounting Oversight Board $2.75 million to settle allegations that hundreds of personnel cheated on mandatory internal training courses.
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February 25, 2025
Ga. County Collected Too Late On Theft Claim, Panel Says
The Georgia Court of Appeals has stripped a state county of a nearly $350,000 judgment it won from insurer Old Republic Surety Co. to cover a court employee's theft of hundreds of thousands of dollars from the public coffers, ruling the county filed its claim well after the statute of limitations had run.
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February 25, 2025
Agri Stats Can't Avoid Price-Fixing Deposition, DOJ Says
The U.S. Department of Justice is calling on Agri Stats' top executives to face deposition in the agency's price-fixing case, telling a Minnesota federal judge that the company's brass can't avoid questioning just because they were deposed in private suits years ago.
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February 25, 2025
Calif. Wins Remand Of Exxon Plastic Suit, Green Groups Lose
California convinced a federal judge to remand to state court its lawsuit alleging Exxon Mobil Corp. is responsible for plastic waste and pollution due to deceptive public messaging about recycling, but environmentalists' similar suit will stay in federal court.
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February 25, 2025
Dem Commissioner To Leave CFTC Upon New Chair's Arrival
U.S. Commodity Futures Trading Commission member Christy Goldsmith Romero said Tuesday afternoon that she plans to exit the agency as soon as Congress confirms the appointment of a new chair, likely leaving the financial markets regulator with only a single Democrat overseeing its activities.
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February 25, 2025
Utah Asks 10th Circ. To Block EPA's Ozone Standard Finding
The state of Utah has called on the Tenth Circuit to block a U.S. Environmental Protection Agency determination that the state's most populous region is not complying with national ozone standards, saying international emissions are mostly to blame.
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February 25, 2025
FCC Probes IHeart Practices Amid Broadcast Payola Inquiry
The Federal Communications Commission's chief, who says he wants to crack down on payola practices, has launched a probe into whether iHeart is forcing musicians to accept cut-rate pay to entertain crowds at the company's upcoming Austin, Texas, event in return for more favorable airtime.
Expert Analysis
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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.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Gas Contract Fight Holds Lessons On Force Majeure Clauses
Ongoing litigation over gas deliveries during Winter Storm Uri underscores the need for precision and foresight when negotiating force majeure clauses in contracts — particularly in the energy sector, where climate-related disruptions and market volatility are inevitable, but often unpredictable, say attorneys at Spencer Fane.