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Compliance
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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.
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February 25, 2025
SEC's Small Biz Panel Seeks Relief For Venture Funds
A U.S. Securities and Exchange Commission advisory group is recommending the agency ease rules to allow qualifying venture funds to attract more investors without registering with the SEC, hoping to bolster capital available to small businesses.
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February 25, 2025
Referral Co. Barred From $5.54B Swipe Fee MDL Settlement
A New York federal judge has blocked a referral partner of a claims filing service from any role in the $5.54 billion settlement of long-running multidistrict litigation accusing Visa and Mastercard of charging improper merchant fees, after the referral partner allegedly improperly used class member information to submit claims.
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February 25, 2025
Masimo Aims To DQ Hueston Hennigan As Ex-CEO's Counsel
Masimo Corp. is urging the Delaware Chancery Court to disqualify Hueston Hennigan LLP from representing its founder and former CEO in a lawsuit over his quest for a $450 million payout from the medical technology company, arguing the firm has a conflict of interest.
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February 25, 2025
Former Texas US Atty Joins Winston & Strawn In Dallas
Winston & Strawn LLP announced Tuesday that former Eastern District of Texas U.S. Attorney Damien Diggs has joined the firm as a Dallas-based litigation partner, bringing unique experience to its government investigations, enforcement and compliance practice.
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February 25, 2025
Ex-Allianz Exec Avoids Prison As Massive Fraud Case Wraps
A Manhattan federal judge on Tuesday allowed a former fund executive from New Jersey to avoid prison for lying to clients of Allianz's U.S. unit, citing his cooperation as the government investigated a fraud that cost the German finance giant $6 billion.
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February 25, 2025
Union Pacific Cleared In Pedestrian's Injury Suit
A California jury found Tuesday that Union Pacific Railroad Co. was not liable for an injury to a man who was walking along its railroad tracks.
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February 25, 2025
10th Circ. Asked To Rethink Denying Atty's Racing Deductions
A Denver personal injury lawyer asked the Tenth Circuit to reconsider its decision barring his $300,000 tax deduction for car-racing costs as professional advertising, saying the court deprived him of due process in dismissing his argument that the IRS wrongly denied him a chance to settle.
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February 24, 2025
Apple Exec Had Doubts Over New App Store Fee Compliance
Apple fellow Phil Schiller testified Monday during a high-stakes compliance evidentiary hearing that he had initially been concerned that Apple's decision to implement a new 27% commission on purchases made outside Apple's App Store wouldn't comply with the court's 2021 anti-steering injunction in its yearslong antitrust fight with Epic Games.
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February 24, 2025
FDIC Scraps 10th Circ. Brief Backing Colo.'s Opt-Out Law
In a pivot, the Federal Deposit Insurance Corp. on Monday withdrew a Tenth Circuit brief that had supported Colorado in industry litigation against the state's "opt-out" law aimed at curbing higher-cost online lending.
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February 24, 2025
Lobbyist Abramoff Testifies At Fraud Trial Against Crypto CEO
Disgraced Washington, D.C., power broker Jack Abramoff told jurors on Monday that he participated in a conspiracy with the founder of an "anti-money laundering" cryptocurrency company accused of bilking investors out of $5 million, testifying remotely due to a recent cancer diagnosis.
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February 24, 2025
9th Circ. Mostly Clears The Way For Mont. Logging Project
The Ninth Circuit on Monday reversed portions of a Montana federal judge's decision to vacate U.S. Forest Service approval of a controversial Black Ram logging project on the Kootenai National Forest, but told the lower court it had to take a closer look at some of the environmentalists' objections.
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.