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Compliance
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February 26, 2025
EPA's Enviro Justice Reset Upending Community Relations
The Trump administration's undertaking to root out environmental justice staffers, programs and funding has sown confusion and ruptured relationships with communities that had worked more closely with the U.S. Environmental Protection Agency in recent years.
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February 26, 2025
Dewberry Ruling May Lead To More Defendants In TM Fights
Plaintiffs in trademark disputes likely will consider including multiple defendants in their complaints when it's unclear who holds the profits from the alleged infringement, according to intellectual property attorneys, after the U.S. Supreme Court remanded a case because nonparty affiliates of a defendant were ordered to pay an award that reached nearly $47 million.
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February 26, 2025
Chicago Nonprofit Sues Trump Over Anti-DEI Orders
A Chicago-based women's trade group sued the Trump administration in Illinois federal court Wednesday, claiming his recent executive orders restricting federal diversity, equity and inclusion programs are unconstitutional and unlawfully chill the organization's free speech.
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February 26, 2025
Ex-CFTC Chair Says Congress 'Can Do Better' On Stablecoins
Senate Democrats questioned the consumer protection provisions included in recently proposed stablecoin legislation at a Wednesday digital asset subcommittee hearing, which saw a former U.S. Commodity Futures Trading Commission chair argue that lawmakers "can do a lot better" than the existing proposals.
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February 26, 2025
King & Spalding Alum Confirmed As Trade Rep, 56-43
The U.S. Senate on Wednesday approved President Donald Trump's pick to be U.S. trade representative in a vote almost entirely across party lines.
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February 26, 2025
NY Investment Firm Founder Charged With $4M Fraud
The founder of investment firm Never Alone Capital LLC was hit with parallel criminal and civil suits on Wednesday from the Manhattan district attorney and the U.S. Securities and Exchange Commission, alleging he ran a fraudulent scheme that raised approximately $4 million from investors, most of which he then misappropriated for personal use.
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February 26, 2025
Web Liability Fix Faces 'Persuasive' Test, FCC Expert Says
It won't be easy for the Federal Communications Commission to weaken tech platforms' liability shield as some Republicans want to do, but the commission could still make changes that courts find "persuasive," a former FCC lawyer now leading a pro-business group said on a blog Tuesday.
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February 26, 2025
MSPB Pauses Firing Of 6 Probationary Fed Employees
The Merit Systems Protection Board paused the Trump administration's attempt to fire six federal workers on probationary status, saying the U.S. Office of Special Counsel showed it was likely the firings violated civil service laws that require the government to undertake reductions in force based on merit.
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February 26, 2025
Police Supply Store, Others Ask 5th Circ. To Keep CTA Paused
A Texas police supply store joined with Mississippi libertarians and several other parties asking the Fifth Circuit to keep the Corporate Transparency Act on hold, saying ending the stoppage of that law could force 32 million business entities to file beneficial ownership reports.
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February 26, 2025
Enviro Group Says Chemours Is Dumping PFAS In Ohio River
A nonprofit has asked a West Virginia federal court to stop Chemours from releasing a "forever chemical" into public drinking water sources along the Ohio River.
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February 26, 2025
Wash. Judge Says Officials Are Immune To Energy Code Suit
A Seattle federal judge has thrown out a building industry coalition's renewed legal challenge to Washington regulations that discourage natural gas appliances in new construction, ruling the state officials named as defendants are protected because they aren't responsible for enforcing the rules.
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February 26, 2025
38 AGs Push For Crackdown On Organized Retail Crime
A bipartisan coalition of attorneys general from 38 states and territories is urging Congress to take legislative action against organized retail crime, warning in a new letter that the problem has reached unprecedented levels and is straining state enforcement resources.
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February 26, 2025
US Chamber Wants Calif. Climate Disclosure Regs Blocked
The U.S. Chamber of Commerce and other business groups have asked a California federal judge to block the state's corporate climate disclosure rules, arguing companies are already suffering harm due to laws that are "so overinclusive, they flunk any First Amendment test."
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February 26, 2025
Trump Says FCC Right To Probe '60 Minutes' Interview Editing
President Donald Trump on Wednesday repeated his claim that CBS doctored a "60 Minutes" interview with Kamala Harris last year, likely costing him votes in the November election, and said the Federal Communications Commission is looking "very strongly" into the matter.
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February 26, 2025
Banks' Fight Over CFPB Open Banking Rule Put On Pause
A Kentucky federal judge agreed Tuesday to pause a banking industry challenge to the Consumer Financial Protection Bureau's open banking rule, giving the agency's new leadership time to review what it wants to do with the Biden-era measure.
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February 26, 2025
Top Dem Urges Trump To Leave Independent Agencies Alone
The top Democrat on the House Administration Committee urged President Donald Trump on Wednesday to rescind his executive order seeking to assert more control over independent agencies, which the congressman says is an "unprecedented violation" of law.
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February 26, 2025
DOJ Says RealPage Can't Ditch Antitrust Claims
The U.S. Department of Justice and a group of states are urging a North Carolina federal judge to reject a move by RealPage Inc. and a group of landlords to escape claims that use of the company's software paves the way for collusion on setting rental prices.
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February 26, 2025
Trade Group Urges 6th Circ. To Undo Moot NLRB Memo Ruling
Michigan builders are seeking to undo a ruling axing their challenge to a Biden-era policy targeting mandatory anti-union meetings now that the National Labor Relations Board's acting general counsel has withdrawn the directive.
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February 26, 2025
CVS Ordered To Comply With FTC's PBM Subpoena
A D.C. federal judge is ordering CVS to turn over new materials in the Federal Trade Commission's investigation into its pharmacy benefit manager Caremark Rx, saying that just because producing updated documents would cost the company more doesn't mean it faces an "undue burden."
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February 26, 2025
DC Judge Extends Order Keeping Special Counsel In Place
A D.C. federal judge on Wednesday ordered the Trump administration to keep the fired head of the U.S. Office of Special Counsel in the post for another three days while the court deliberates the merits of the federal employment watchdog's claims that President Donald Trump lacks the authority to remove him from office without cause.
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February 26, 2025
Bradley Arant Hires SEC Enforcement Trial Atty In DC
Bradley Arant Boult Cummings LLP has hired a government investigations partner in Washington, D.C., with more than a decade of experience at the U.S. Securities and Exchange Commission prosecuting and probing a range of fraud.
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February 26, 2025
Adams Says SDNY Memo Leaks Doom His Bribery Case
New York City Mayor Eric Adams opened up a new line of attack against his federal corruption case Wednesday, arguing that the judge must dismiss the charges due to the "extreme prejudice" caused by leaked Justice Department memos alleging a quid pro quo between the mayor and the Trump administration.
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February 26, 2025
Justices Vacate TM Award That Put Co.'s Affiliates On Hook
The U.S. Supreme Court on Wednesday vacated an award that reached nearly $47 million in a trademark dispute that questioned whether affiliates of a real estate development company should be liable for the payment even though they were not defendants in the case.
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February 25, 2025
Cos. Not In Rush To Abandon DEI Measures, Report Says
Companies don't appear to be dropping their diversity, equity and inclusion efforts in droves even though President Donald Trump's administration has made workplace DEI programs an early target, according to a new report issued by Littler Mendelson PC.
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February 25, 2025
Trump Admin Must Restore Aid By Wed. Night, Court Says
A Washington, D.C., federal judge on Tuesday gave the Trump administration until the end of Wednesday to restore hundreds of millions of dollars in foreign assistance funding, granting aid organizations' second request in a week to enforce the temporary restraining order.
Expert Analysis
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Top 10 Noncompete Developments Of 2024
Following an eventful year in noncompete law at both state and federal levels, employers can no longer rely on a court's willingness to blue-pencil overbroad agreements and are proceeding at their own peril if they do not thoughtfully review and carefully enforce such agreements, say attorneys at Faegre Drinker.
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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.
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NY Plastic Pollution Verdict May Not Bode Well For Other Suits
The dismissal of New York state's public nuisance complaint against PepsiCo over pollution of the Buffalo River with the company's single use plastic bottles may not augur well for similar lawsuits filed by Baltimore and Los Angeles County, although tort law varies from state to state, say attorneys at Winston & Strawn.
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Key Ethical Issues For Gov't Attys Moving To Private Practice
Transitioning from government service to private practice presents complex ethical challenges for attorneys, including navigating conflicts of interest, confidential information rules and post-employment restrictions, say attorneys at HWG.
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Climate Disclosure Spotlight Shifts To 2 Calif. Laws
With Donald Trump's election spelling the all-but-certain demise of the proposed federal climate disclosure rules, new laws in California currently stand as the nation's only broadly applicable climate disclosure requirements — and their brevity is both a blessing and a curse, say attorneys at Davis Polk.
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A Deep Dive Into DOJ's Proposed FARA Shake-Up
The U.S. Department of Justice's recently published and long-awaited proposed amendments to the Foreign Agents Registration Act's implementing regulations, if adopted, would mark dramatic changes to the commercial exemption and new requirements for labeling informational materials, says Tessa Capeloto at Wiley.
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What's Ahead As Transparency Act Comes To A Crossroads
Synthesizing the contrasting federal district and appellate court rulings on the Corporate Transparency Act’s validity reveals several main areas of debate that will likely remain at issue as challenges to the law continue winding through the courts, say attorneys at Farella Braun.
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What 2024 Tells Us About Calif. Health Transaction Reviews
Looking back at the California Office of Health Care Affordability's first year accepting notices for material healthcare transactions reveals critical lessons on what the OHCA's review process may mean for the future of covered transactions in the state, say attorneys at Ropes & Gray.
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Final Hydrogen Tax Credit Regs Add Flexibility For Producers
The recently released final regulations implementing the Inflation Reduction Act's clean hydrogen production tax credit offer taxpayers greater flexibility, reducing risk and creating more certainty for investments in the industry, thus diminishing — but not eliminating — the risk of legal challenges to the regulations, say attorneys at Steptoe.
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Where Payments Law And Regulation Are Headed In 2025
The Trump administration will likely bring significant changes to payments regulations in 2025, but maintaining internal compliance efforts in the absence of robust federal oversight will remain key as state authorities and private plaintiffs step into the breach, say attorneys at Stinson.
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What To Expect From Federal Cybersecurity Policy In 2025
There are 12 cyber policy questions to keep an eye on as the new administration and Republican control of Congress present an opportunity to advance less regulatory approaches and revisit some choices from the prior administration, say attorneys at Wiley.
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Republican Trifecta Amplifies Risks For Cos. In 3 Key Areas
Expected coordination between a Republican Congress and presidential administration may expose companies to simultaneous criminal, civil and congressional investigations, particularly with regard to supply chain risks in certain industries, government contracting and cross-border investment, say attorneys at Morgan Lewis.
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2 Cases May Signal Where FTC Is Headed On Labor Issues
Two recent Federal Trade Commission challenges to no-hire clauses in agreements between building service firms and their customers include comments by future FTC Chair Andrew Ferguson that may offer insight into the direction the FTC is headed on labor issues, says Michael Wise at Squire Patton.
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5 Evolving Concerns For Family Offices In 2025
Complex regulatory changes and emerging operational risks will force family offices to stay on their toes in 2025, with timely action particularly necessary to address several tax and reporting developments that may affect their investments and business operations, say attorneys at Morgan Lewis.
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New Law In NY Places Employee NIL Rights In Spotlight
New York recently became the first state to codify name, image and likeness rights for models, but as such protections seemingly expand for individual employees across industries, employers may want to brush up on related case law, and update their handbooks and policies accordingly, says Timothy Bechen at Woods Rogers.