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February 27, 2025
Meta's Held-Back Docs In AI Suit Merit Discovery, Authors Say
The California federal judge overseeing a proposed class action claiming Meta Platforms Inc. is using copyrighted material to train its large language model product said Thursday he will consider allowing the author plaintiffs more discovery in response to the tech giant's assertion that it had "inadvertently" held back up some 18,000 documents.
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February 27, 2025
Apple Falsely Touted Watches As 'Carbon Neutral,' Buyers Say
Apple Watch purchasers on Wednesday lodged a proposed class action in California federal court, claiming that the tech giant marketed various smartwatch products as "carbon neutral" despite Apple not actually providing "genuine, additional carbon reductions."
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February 27, 2025
Norfolk Southern Escapes Investors' Derailment Fraud Suit
A New York federal judge on Thursday dumped a proposed securities fraud class action alleging Norfolk Southern misled investors by falsely touting its commitments to safety while embarking on risky cost-cutting operational and staffing changes that ultimately led to 2023's fiery derailment in East Palestine, Ohio.
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February 27, 2025
FTC Asks To Delay In-House PBM Insulin Case
Arguing that pharmacy benefit managers accused of artificially inflating insulin prices have already "unreasonably delayed" discovery, the Federal Trade Commission is asking an in-house judge to push back an evidentiary trial in the case, saying it would allow the administrative court more time to accommodate up to 17 expert witnesses.
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February 27, 2025
4th Circ. Says Trustees Can't Settle Co.'s Suit Against Ex-CEO
Separate bankruptcy trustees for a company and its former CEO have no right to settle the company's fraud claims against the CEO with insurance proceeds from a directors and officers policy, the Fourth Circuit ruled, agreeing with the insurer that only the former CEO himself has consent-to-settle rights.
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February 27, 2025
Congress Prioritizes Enviro Regs On Nix List
Congressional Republicans have lined up several actions that would undo Biden-era environmental initiatives, from water heater efficiency standards to a Clean Air Act amendment that laid the groundwork for grants that are now in the Trump administration's crosshairs.
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February 27, 2025
Safeway Peanut Butter Cookies Caused Death, Suit Says
Albertsons and Safeway are facing a wrongful death lawsuit from the family of an elderly Washington woman who allegedly bought supermarket cookies mislabeled as oatmeal raisin that contained undeclared peanuts, which triggered a fatal allergic reaction.
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February 27, 2025
Trump's CFPB Pick Vows To 'Follow The Law' As Cases Pulled
Trump nominee Jonathan McKernan told U.S. senators on Thursday that he'd be the one calling the shots at the Consumer Financial Protection Bureau if confirmed as its director, but his message of independence was muddled by a wave of enforcement dismissals that hit federal courts in the middle of his confirmation hearing.
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February 27, 2025
Unions Can Depose DOGE In Agency Access Suit, Judge Says
The Department of Government Efficiency must tell a group of unions whom it's sent into the Department of Labor, the Department of Health & Human Services and the Consumer Financial Protection Bureau and what computer systems they've accessed, a D.C. federal judge ruled Thursday.
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February 27, 2025
SEC Says Meme Coins Are Not Securities
The U.S. Securities and Exchange Commission staff declared Thursday that so-called meme coins do not fall under the agency's jurisdiction and that purchasers of the coins should not expect to be protected by federal securities laws.
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February 27, 2025
US Vision Beats Suit Over 2021 Ransomware Attack
A New Jersey federal judge has tossed a proposed class action alleging U.S. Vision failed to protect the personal information of more than 710,000 patients following a ransomware attack of its network servers in 2021.
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February 27, 2025
Alsup Halts 'Illegal' Firings Of Probationary Federal Workers
U.S. District Judge William Alsup on Thursday temporarily blocked the mass firings of probationary federal employees ordered by President Donald Trump's administration, determining that the Office of Personnel Management illegally directed government agencies to terminate the probationary employees without authority to do so from Congress.
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February 27, 2025
SEC Ends Coinbase Case As Uyeda Pledges To 'Rectify' Policy
The U.S. Securities and Exchange Commission confirmed Thursday that it will walk away from its suit against cryptocurrency exchange Coinbase to clear the way for its newly created Crypto Task Force to develop digital asset policy "in a more transparent manner."
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February 27, 2025
Concrete Co. Admits Safety Gaffe Linked To Worker's Death
A Delaware-based construction industry supplier with operations in Ohio has pled guilty to willfully violating federal workplace safety regulations in connection with the 2020 death of an employee, the U.S. Attorney's Office for the Southern District of Ohio announced.
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February 27, 2025
Georgia's Outside Funding Regulations Clear State Senate
The Georgia State Senate unanimously advanced new regulations on third-party litigation funding Thursday as Gov. Brian Kemp's marquee tort reform package continues to march largely unimpeded through the state Legislature.
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February 27, 2025
Magnet Co. Execs To Plead Guilty For Emailing Info To China
Two magnetics manufacturing company executives have agreed to enter a plea of guilty for their role in emailing schematics from U.S. Department of Defense contractors to Chinese companies and will face three years behind bars.
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February 27, 2025
Del. Corp. Litigation Bill Already Turning Up In Other Cases
A fast-moving legislative push to curb some stockholder litigation and large class attorney fees in Delaware courts is getting more pushback, two weeks ahead of an initial state Senate hearing on the measure.
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February 27, 2025
More CFPB Attys Departing Amid Agency Uncertainty
Two more Consumer Financial Protection Bureau litigators are leaving the agency as it faces uncertainty due to the new presidential administration, including an attorney who has been with the agency since its creation in 2011.
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February 27, 2025
Yellow Corp. Beats Teamsters In WARN Act Row
A Delaware bankruptcy judge has ruled that trucking company Yellow Corp. is not liable for its failure to provide 60 days notice of layoffs to 22,000 union workers who lost their jobs as the company descended into Chapter 11, finding that Yellow was a "liquidating fiduciary" at the time and intended to comply with the WARN Act.
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February 27, 2025
EU Prepared To Retaliate Against US Over Tariffs, Officials Say
European Union officials said Thursday that the bloc is prepared to retaliate against the U.S. if President Donald Trump follows through with tariffs on over $600 billion of goods, a situation that two law professors said risks becoming a trade war more than past disputes.
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February 27, 2025
Cognizant Execs' Trial Could Test Force Of FCPA Pause
The government's decision to proceed with a trial of two former Cognizant Technology Solutions Corp. executives despite the Trump administration's retreat from Foreign Corrupt Practices Act enforcement adds a layer of intrigue to a legal saga that has already captivated the white collar bar given the rarity of such cases ever reaching juries.
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February 27, 2025
DOL Pick Faces Scrutiny About DOGE From Senate Dems
President Donald Trump's nominee for deputy labor secretary faced intense questioning about "the sheer incompetence" of the administration's actions in what otherwise might have been expected to be a less controversial U.S. Senate confirmation hearing Thursday.
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February 27, 2025
Fried Frank Rips RICO Sanctions Bid As Intimidation Tactic
Fried Frank Harris Shriver & Jacobson LLP and its client Tristar Products Inc. are pushing back on a motion for sanctions for bringing an anti-racketeering lawsuit against Telebrands Corp., arguing the bid is a "clear effort to intimidate" the plaintiffs and to impose additional cost and burden on them.
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February 27, 2025
Selendy Gay Names New Managing Partner, COO
Litigation boutique Selendy Gay PLLC announced Thursday that it has appointed bankruptcy and insolvency lawyer Kelley Cornish as managing partner and landed the top legal head of Cinch Home Services as its new chief operating officer.
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February 27, 2025
Deputy AG And Antitrust Nominations Head To Full Senate
The Senate Judiciary Committee sent the nominations of Todd Blanche, for deputy attorney general, and Gail Slater, for assistant attorney general for the Antitrust Division at the U.S. Department of Justice, to the full Senate on Thursday, the latter of whom received bipartisan support.
Expert Analysis
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How Trump 2.0 May Change Business In Latin America
Companies in Latin America should expect to face more trade restrictions, tighter economic sanctions and enhanced corruption risks, as the incoming administration shifts focus to certain non-U.S. actors, most notably China, says Matteson Ellis at Miller & Chevalier.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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Impact Of Successful Challenges To SEC's Rulemaking Ability
In 2024, the U.S. Securities and Exchange Commission faced significant legal challenges to its aggressive rulemaking agenda as several of its rules were vacated by the Fifth Circuit, which could hinder the SEC's ability to enact rules extending beyond express statutory authority in the future, say attorneys at Debevoise.
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Takeaways From DOJ, FTC End To Collaboration Guidelines
The Federal Trade Commission's and U.S. Department of Justice's recent decision to withdraw the guidelines for collaborations among competitors may reflect a desire for clearer parameters by emphasizing case law on specific ventures, but it also carries the potential to chill some future collaboration, say attorneys at Patterson Belknap.
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Religious Accommodation Lessons From $12.7M Vax Verdict
A Michigan federal jury’s recent $12.7 million verdict against Blue Cross Blue Shield of Michigan starkly reminds employers of the risks they face when assessing employees’ religious accommodation requests, highlighting pitfalls to avoid and raising the opportunity to consider best practices to follow, say attorneys at Williams & Connolly.
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A Look At PCAOB's Record-Breaking Enforcement In 2024
The Public Company Accounting Oversight Board in 2024 brought more enforcement actions against auditors and imposed increasingly higher monetary penalties, showing that it was not afraid to exercise its power to fine and reprimand firms, a trend that will likely continue in 2025, say attorneys at Briglia Hundley.
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Complying With Seasonal Product Labeling Requirements
Though the holiday season is in the rearview, many seasonal alcohol products remain in the market, and producers should ensure that their labels comply with the Alcohol and Tobacco Tax and Trade Bureau's additional requirements for such products, say attorneys at McDermott.
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Series
NY Banking Brief: All The Notable Legal Updates In Q4
In 2024's final quarter, the New York State Department of Financial Services published guidance on mitigating the rising cybersecurity risks of artificial intelligence and remote technology workers with North Korean ties, and the state attorney general launched an antitrust investigation into Capital One's proposed Discover merger, say attorneys at Haynes Boone.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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Opinion
Aviation Watch: How Court Nixed Boeing Plea Deal Over DEI
A Texas federal court's rejection of the plea agreement between the U.S. Department of Justice and Boeing over the 737 Max aircraft gratuitously injected the court's views on diversity, equity and inclusion into a case that shouldn't have been a criminal matter in the first place, says Alan Hoffman, a retired attorney and aviation expert.
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How To Manage During A Trade Dispute With USMCA Partners
Companies can try to minimize the potential impacts of future tariffs on Mexican and Canadian goods, and uncertainty about future trade relations, by evaluating supply chains, considering how they may be modified, and engaging with the new administration over exemptions and the upcoming review of the U.S.-Mexico-Canada Agreement, say attorneys at Holland & Knight.
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Reviewing The High Court's Approach To Free Speech Online
As the U.S. Supreme Court began addressing the interplay between the First Amendment and online social media platforms, its three opinions from last term show the justices adopting a nuanced approach that recognizes that private citizens, public employees and online platforms all have First Amendment rights, say attorneys at Jenner & Block.
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Series
In The CFPB Playbook: A Sprint To The Finish Line
The fourth quarter of 2024 was an impressive demonstration of the Consumer Financial Protection Bureau's ability to regulate, enforce and supervise, even on borrowed time following the election results, and we should expect the current bureau to run nonstop until Jan. 20, say attorneys at Covington.
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3 Factors Affecting Retail M&A Deals In 2025
Retailers considering mergers and acquisitions this year face an evolving antitrust environment, including a new administration under President-elect Donald Trump, revised merger guidelines and a precedent set last year by a canceled $8.5 billion handbag merger, say attorneys at DLA Piper.
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7 Pitfalls To Watch In Tech Referral Fee Programs
The recent attempt by FluidStack to recover $10 million in referral fees allegedly promised by software vendor Denvr Dataworks should alert potential participants in so-called partnership programs to seven signs that a proposed technology referral agreement may not equally benefit all sides, says Chris Wlach at Huge Inc.