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Compliance
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March 31, 2025
Ex-SEC Chair's Enforcement Counsel Joins Kostelanetz
The former enforcement officer to the recently departed U.S. Securities and Exchange Commission Chair Gary Gensler has joined Kostelanetz LLP in New York as partner, the firm announced Monday.
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March 31, 2025
DOJ Seeking Steep Costs To Make Challengers Think Twice
The U.S. Department of Justice is quickly implementing President Donald Trump's plan to seek huge sums of money from litigants whose cases impede his agenda but ultimately prove unsuccessful, court records show.
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March 31, 2025
DOJ Reverses Course, Drops Ga. Voter Suppression Claims
The Trump administration has dropped its support for litigation challenging Georgia's Republican-backed 2021 election law overhaul, as the Department of Justice said Monday it would no longer prosecute what it called "fabricated claims of false voter suppression."
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March 31, 2025
Utah Requires Min. Property Tax Rate Consensus Certification
Utah will require a minimum property tax rate imposed by school districts to be certified by the state's tax commission, the governor's Office of Planning and Budget and the state Legislature's Office of the Legislative Fiscal Analyst under a bill signed by the governor.
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March 31, 2025
Aspiration Partners Hits Ch. 11 After Founder's Fraud Arrest
Sustainability-focused financial services company Aspiration Partners Inc. filed for Chapter 11 protection in Delaware, less than a month after founder Joseph Sanberg was arrested and hit with federal fraud charges.
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March 31, 2025
Eric Adams Urges Speedy Dismissal As NYC Primaries Loom
New York City Mayor Eric Adams on Monday urged a Manhattan federal judge to promptly throw out his bribery and corruption charges, pointing to an upcoming mayoral election filing deadline and the court's previous vows to rule quickly.
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March 31, 2025
Justices Reject Gas Price-Fixing Claims Over Trump Oil Pact
The U.S. Supreme Court refused Monday to review a bid to revive a proposed class action alleging price-fixing between major oil producers as part of a 2020 deal among Russia, Saudi Arabia and President Donald Trump's administration to cut production.
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March 28, 2025
Trump Grants Clemency To Ozy Media CEO Carlos Watson
President Donald Trump has granted clemency to former Ozy Media CEO Carlos Watson, who was facing nearly a decade in prison for lying to banks and investors to secure funding for his now-shuttered multimedia company, the White House confirmed Friday.
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March 28, 2025
Calif. Privacy Action Drives Home Need To Look Under Hood
California's privacy agency targeted design features and contracting policies that apply to a wide range of companies in its inaugural enforcement strike under the state's data privacy law, signaling a broad regulatory approach that experts say promises to heat up as the agency continues to mature.
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March 28, 2025
Real Estate Recap: Train Domain, FinCEN, Atlanta Data Centers
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including an insider's view of the Union Station takeover in Washington, D.C., the latest game-changing development at the Financial Crimes Enforcement Network, and a BigLaw dealmaker's take on Atlanta's data center boom.
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March 28, 2025
Colo. Beats Amgen's Drug Price Cap Challenge, For Now
A Colorado federal judge Friday threw out Amgen's challenge to the Centennial State's drug price cap system, finding that Amgen is not subject to "direct regulation" under the law it's challenging and therefore doesn't have standing to sue.
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March 28, 2025
Exxon Says It Never Oversold Plastic Recycling Claims
Exxon Mobil Corp. has urged a California federal court to throw out a lawsuit brought by four environmental groups accusing it of fueling plastic pollution through decades of misleading recycling claims, arguing the case is based on implausible allegations.
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March 28, 2025
FCC Chief Orders Probe Into Disney, ABC DEI Practices
The Federal Communications Commission's leader ordered on Friday a probe into Walt Disney Co. and its ABC network over their efforts to be diverse and inclusive, following similar FCC investigations into Comcast and NBCUniversal.
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March 28, 2025
Trump Pardons BitMEX Crypto Co., Four Ex-Executives
President Donald Trump has pardoned the business entity behind cryptocurrency exchange BitMEX and four of the firm's former executives years after they copped to Bank Secrecy Act violations and lax anti-money laundering controls, the White House confirmed Friday.
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March 28, 2025
Janssen Owes Additional $1.5B In HIV Prescription Trial
A New Jersey federal judge on Friday added nearly $1.3 billion in penalties and $240 million in damages to a whistleblower False Claims Act verdict against Janssen over the off-label marketing of two HIV medicines, saying trial evidence laid out "a deliberate and calculated scheme."
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March 28, 2025
Employment Authority: Bypassing A Battered NLRB
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on how unions and employers are drafting contractual mechanisms to sidestep the National Labor Relations Board amid stalled cases and a leadership crisis, why federal agencies are advising employers that affinity groups could be legally risky, and why one lawyer is warning that unpaid wages litigation may rise under Trump administration changes.
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March 28, 2025
DOJ Alleges Missing Docs In Agri Stats Price-Fixing Case
The U.S. Department of Justice asked a Minnesota federal judge to force Agri Stats Inc. to produce more information in a case alleging the company's industry reports facilitate price-fixing by chicken, pork and turkey producers, raising concerns over widespread discovery failures and "facially unsupported privilege claims."
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March 28, 2025
GM's Cruise Must Face Trimmed Securities Fraud Suit
A Michigan federal judge on Friday trimmed a proposed class action alleging General Motors and its self-driving car unit Cruise LLC misrepresented the technological capabilities of its autonomous vehicles, but said the investor plaintiffs plausibly alleged that some Cruise executives made recklessly false statements.
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March 28, 2025
Edtech Co. Instructure Faces Parent Suit Over Data Harvesting
Education technology company Instructure, which claims to offer the nation's second most widely used learning management system, faces a suit brought by parents alleging that the company's "massive data-harvesting apparatus" violates the constitutionally guaranteed privacy rights of school-age children.
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March 28, 2025
Plan Administrator Wins Electric Co.'s Union Healthcare Fight
An electric company can't use the Employee Retirement Income Security Act to claw back contributions to a union healthcare plan that weren't put toward benefits, a New York federal judge said Friday, tossing the company's suit against the plan's administrator.
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March 28, 2025
Feds Must Consider Whales, Climate In Gulf Gas Lease Sale
The U.S. Bureau of Ocean Energy Management failed to fully consider the effects an oil and gas lease sale offering 73 million acres in the Gulf of Mexico could have on the endangered Rice's whale and climate change, a D.C. federal judge has ruled.
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March 28, 2025
Minors Sue Over Alleged Trafficking At Metro-Atlanta Hotels
Two unidentified minors have filed separate suits in federal court alleging the owners and operators of two Atlanta area hotels knew the minors were being sex trafficked but did nothing to stop it.
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March 28, 2025
Google Privacy Fight Raises 'Classic' Trial Issues, Judge Says
A California federal judge Friday doubted consumers' bid to certify a class of Chrome users in a revived lawsuit accusing Google of surreptitiously collecting their data while also observing that the case raises "classic" trial questions and asking how else Americans could "tell corporations what they believe to be offensive?"
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March 28, 2025
Galaxy To Pay $200M In NY Deal Over Terraform Fallout
Crypto institutional investment and trading firm Galaxy Digital agreed to a $200 million settlement with the New York attorney general over allegations it failed to disclose its sales of a Terraform ecosystem token while it widely promoted the asset prior to its collapse.
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March 28, 2025
Carriers Challenge Midco's 'Unsubsidized Competitor' Status
Two Minnesota telecoms say the FCC must take seriously their petitions to strip a rival of its "unsubsidized competitor" status and adjust their federal deployment aid because the companies have gone through the trouble of individually checking thousands of addresses to back their claims.
Expert Analysis
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What To Expect From The New FCC Chair
As a vocal critic of the Federal Communications Commission's recent priorities, newly appointed chair Brendan Carr has described a vision for the agency that would bring significant changes to telecommunication regulation and Telephone Consumer Protection Act enforcement in the U.S., say attorneys at BCLP.
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Navigating The Trump Enviro Rollback And Its Consequences
The Trump administration's rapid push for environmental deregulation will lead to both opportunities and challenges, requiring companies to adopt strategic approaches to a complex, unpredictable legal environment in which federal rollbacks are countered by increased enforcement by states, and risks of citizen litigation may be heightened, say attorneys at Beveridge & Diamond.
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Comparing 2 Pending Bills To Regulate Stablecoins
Alexandra Steinberg Barrage at Troutman analyzes the key similarities and differences between two payment stablecoin proposals currently pending in Congress — the STABLE and GENIUS acts — as both chambers are forming a working group to deliver a clear regulatory framework for digital assets and bipartisan agreement appears within reach.
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Citibank Wire Transfer Ruling Creates New Liability For Banks
A New York federal court's recent decision in New York v. Citibank, affirming the Electronic Fund Transfer Act's consumer protections cover wire transfers allegedly initiated by scammers who infiltrated Citibank customers' online accounts, creates new liability for sending financial institutions and upends decades-old regulatory guidance, say attorneys at Stinson.
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Defense Strategies For Politically Charged Prosecutions
Politically charged prosecutions have captured the headlines in recent years, providing lessons for defense counsel on how to navigate the distinct challenges, and seize the unique opportunities, such cases present, says Kenneth Notter at MoloLamken.
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Series
Competitive Weightlifting Makes Me A Better Lawyer
The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.
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Axed ALJ Removal Protections Mark Big Shift For NLRB
A D.C. federal court's recent decision in VHS Acquisition Subsidiary No. 7 v. National Labor Relations Board removed long-standing tenure protections for administrative law judges by finding they must be removable at will by the NLRB, marking a significant shift in the agency's ability to prosecute and adjudicate cases, say attorneys at Proskauer.
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11th Circ. TCPA Ruling Signals Erosion Of Judicial Deference
The U.S. Court of Appeals for the Eleventh Circuit recently came to the rescue of the lead generation industry, striking down new regulations that were set to go into effect on Jan. 27, a decision consistent with federal courts' recent willingness to review administrative decisions, say attorneys at Troutman.
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The Syria Sanctions Dilemma Facing Trump Administration
Parties looking to engage in transactions involving Syria will be watching the expiration of General License 24 in July, when the Trump administration will need to decide whether to make significant changes to the Syrian sanctions program and reconsider the de facto government's status as a foreign terrorist organization, says Charlie Lyons at Ferrari & Associates.
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How Southern Calif. Fires Can Affect National, Local Pricing
The fire-related California state of emergency declared last month in Los Angeles and Ventura counties triggered laws around price-gouging and pricing restrictions that affect not just individuals and businesses in the state, but also nationwide, meaning sellers should be mindful of how price changes are discussed and rolled out, say attorneys at Proskauer.
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Inside The Uncertainty Surrounding CFPB's Overdraft Rule
The Consumer Financial Protection Bureau's overhaul of overdraft fee regulation hangs in limbo as the industry watches to see whether new leadership will repeal the rule, allow it to stay in place, or wait for congressional action or the courts to drive its demise, say attorneys at Alston & Bird.
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How Private Securities Suits Complement SEC Enforcement
U.S. Securities and Exchange Commission enforcement is vital to the healthy functioning of markets, but government enforcement alone is not enough to ensure meaningful monetary recoveries for investor losses due to securities law violations, say attorneys at Bernstein Litowitz.
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The Case For Compliance During The Trump Administration
Given the Trump administration’s shifting white collar enforcement priorities, C-suite executives may have the natural instinct to pare back compliance initiatives, but there are several good reasons for companies to at least stay the course on their compliance programs, if not enhance them, say attorneys at Riley Safer.
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Opinion
Undoing An American Ideal Of Fairness
President Donald Trump’s orders attacking birthright citizenship, civil rights education, and diversity, equity and inclusion programs threaten hard-won constitutional civil rights protections and decades of efforts to undo bias in the law — undermining what Chief Justice Earl Warren called "our American ideal of fairness," says Reuben Guttman at Guttman Buschner.
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Dispelling 10 Myths About Health Provider-Based Compliance
Congress appears intent on requiring hospitals to submit provider-based attestations for all off-campus outpatient hospital locations, so now is the time for hospitals to prepare for this change by understanding common misconceptions about provider-based status and proactively correct noncompliance, say attorneys at McDermott.