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Compliance
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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.
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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.
Expert Analysis
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Compliance Pointers For DOJ's Sweeping Data Security Rule
A new Justice Department rule broadly restricts many common data transactions with the goal of preventing access by countries of concern, and with an effective date of April 8, U.S. companies must quickly assess practices related to employee, customer and vendor data, says Sam Castic at Hintze Law.
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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.