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Compliance
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April 09, 2025
Coinbase Judge Won't Rethink Greenlighting Investor Suit
A New Jersey federal judge declined to review his ruling to keep a Coinbase investors' class action alive, saying his order did not gloss over any legal or factual issue when finding the company and its executives must face the suit accusing them of concealing certain regulatory and bankruptcy risks from investors.
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April 09, 2025
Purported AI Co. Founder Gets 2½ Years For Fraud
The founder of a purported artificial intelligence video analysis startup will spend 2½ years in prison after pleading guilty to securities fraud in connection with government claims he lied to investors, including a venture capital fund and a university endowment fund, about his company's revenue and track record of securing investments.
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April 09, 2025
Judge Rejects Objections To $400M GPB Capital Payout Plan
A New York federal judge has approved a plan to distribute up to $400 million to investors defrauded by GPB Capital Holdings, rejecting objections from company insiders who argued the settlement was unfair because they could still face liability, finding that those concerns didn't outweigh the need to compensate defrauded victims.
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April 09, 2025
Senate Confirms Trump Pick Atkins To Lead A Leaner SEC
The U.S. Senate on Wednesday confirmed Paul Atkins to be the next chair of the U.S. Securities and Exchange Commission, clearing the way for an agency veteran and regulatory critic who is expected to slow the SEC's enforcement agenda and pursue smaller corporate penalties at a time when the agency is grappling with staff cuts and market turmoil.
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April 09, 2025
Susman Godfrey Latest BigLaw Firm Targeted In Trump Order
Susman Godfrey LLP became President Donald Trump's latest BigLaw target when he signed an executive order Wednesday revoking its access to government resources and buildings, a directive the firm immediately blasted as "unconstitutional" and vowed to fight.
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April 09, 2025
FCC Weighs New Rule To Combat Scam Robocalls
The Federal Communications Commission released more information this week about a plan to clamp down on unwanted robocall traffic by closing what it considers to be a technical loophole in FCC caller authentication rules.
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April 09, 2025
FDA: Pharmacies' Bid To Keep Making Eli Lilly Drug Is 'Absurd'
The U.S. Food and Drug Administration said it played by the book when it removed Eli Lilly & Co.'s lucrative weight loss drug from the shortage list and ended compounding pharmacies' right to make the drug, asking a Texas federal judge to grant judgment in the agency's favor.
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April 09, 2025
Country's Largest Egg Producer Discloses DOJ Price Probe
Cal-Maine Foods Inc., which bills itself as the country's largest producer and distributor of fresh shell eggs, on Tuesday became the first company to disclose being targeted by a U.S. Department of Justice civil probe into spiking egg prices.
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April 09, 2025
DC Circ. Seems Open To Narrowing CFPB Injunction
A D.C. Circuit panel seemed divided Wednesday on the Trump administration's bid to stave off a lower court order barring it from shutting down the Consumer Financial Protection Bureau as a U.S. Department of Justice attorney disavowed plans to shutter the agency.
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April 09, 2025
Apple Agrees To Revise Some Worker Policies In NLRB Deal
Apple will revise some parts of its confidentiality agreement and other worker policies as part of an unfair labor practice settlement at the National Labor Relations Board, according to the deal, which requires the tech giant to put up a post indefinitely on a public-facing website.
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April 09, 2025
2nd Circ. Allows Takeda To Appeal Actos Antitrust Class Cert.
A split Second Circuit will allow Takeda Pharmaceuticals Co. to immediately appeal a New York federal judge's ruling certifying two classes of direct purchasers and end payors in consolidated antitrust actions accusing the company of unlawfully inflating the price of its diabetes treatment Actos by delaying the entry of generic alternatives.
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April 09, 2025
House Slates CFPB Payment, Overdraft Rules For Repeal
The House on Wednesday voted to overturn two Biden-era Consumer Financial Protection Bureau rules aimed at increasing oversight of larger digital payment providers and curbing big-bank overdraft fees, setting the pair up for final repeal at the White House.
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April 09, 2025
Car Dealership Magnate To Pay $12M Over Pandemic Loans
Massachusetts car dealership magnate Herb Chambers and several of his companies have agreed to pay $11.8 million to resolve allegations that they falsely certified their eligibility for pandemic-era aid under a U.S. Small Business Administration program, civil prosecutors said on Wednesday.
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April 09, 2025
IRS Acting Chief To Stay On Through Mid-May, Treasury Says
The Internal Revenue Service's interim leader, Melanie Krause, will stay at her post through May 15, the U.S. Treasury Department said Wednesday, after she and other officials reportedly said they would resign following an IRS agreement to share taxpayer information with immigration enforcement agencies.
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April 09, 2025
NASA Nom Quizzed On Musk And Colonizing The Moon
The commercial astronaut and businessman that President Donald Trump intends to make the next head of NASA came under fire during his nomination hearing Wednesday over his ties to billionaire and presidential confidante Elon Musk, who has billions in contracts with the agency.
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April 09, 2025
Data Co. Can't Make DOL Accept Health Plan, Judge Says
A data-mining company can't force the U.S. Department of Labor to acknowledge that a health insurance plan offered in exchange for participants' user data is covered by federal benefits law, a Texas federal judge ruled, saying the case's thin record prevented the court from deciding issues the Fifth Circuit told it to consider.
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April 09, 2025
SafeMoon CEO Flags DOJ Crypto Memo In Bid For Dismissal
The CEO of crypto firm SafeMoon alerted a Brooklyn federal judge Wednesday to a U.S. Justice Department directive not to pursue charges related to digital assets under the Securities Exchange Act or Commodity Exchange Act, suggesting that the judge should dismiss his investor fraud case.
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April 09, 2025
Ill. Real Estate Broker Gets 4 Years For $3M Investment Scam
A Chicago real estate broker has been sentenced to more than four years in prison after pleading guilty last year to allegations he duped clients into investing millions of dollars in properties that did not exist and then used the investors' funds for personal expenses, federal prosecutors announced Wednesday.
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April 09, 2025
Bessent: 'It's Main Street's Turn' For Regulatory Rollbacks
U.S. Treasury Secretary Scott Bessent on Wednesday sketched out ambitious Trump administration plans to cut financial rules for smaller, so-called community banks and rein in federal bank supervision, saying the goal is to lock up "bureaucratic hubris."
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April 09, 2025
EPA Asks DC Circ. To Extend Time In PFAS Case
The U.S. Environmental Protection Agency has asked the D.C. Circuit for a temporary suspension in a case brought by water utility associations and chemical industry players over new rules about limits on forever chemicals in the nation's drinking water, given the new administration.
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April 09, 2025
Florida Won't Hire Law Firms With DEI Initiatives, AG Says
The state of Florida will no longer hire law firms with diversity, equity and inclusion programs to serve as outside general counsel, according to a new memo from Attorney General James Uthmeier.
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April 09, 2025
Roberts Pauses Rehiring Of Fired NLRB, MSPB Members
Chief Justice John Roberts temporarily paused an en banc D.C. Circuit's order reinstating two fired members of the National Labor Relations Board and the Merit Systems Protection Board on Wednesday, in a dispute that challenges a 90-year-old U.S. Supreme Court ruling protecting certain government officials from presidential removal.
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April 09, 2025
Religious Mission Justifies Philly Injection Site, 3rd Circ. Told
Counsel for a nonprofit seeking to open a safe injection site in Philadelphia told the Third Circuit Wednesday that it qualified as a religious organization immune from prosecution, despite not having any spiritual language in its incorporation documents.
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April 09, 2025
Kirkland Hires Ex-Clifford Chance Investment Funds Partner
Kirkland & Ellis LLP announced the hiring of a former Clifford Chance partner for its investment funds practice group.
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April 09, 2025
Ex-Mars Executive Faces Forfeiture Bid In $28M Fraud Case
The U.S. Department of Justice wants the former global price risk manager of a subsidiary of candy maker Mars Inc. to forfeit a Connecticut home plus accounts at three financial firms to help offset $28 million in alleged fraud proceeds.
Expert Analysis
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Why Acquirers Should Reevaluate Federal Contract Risk
Long thought of as a stable investment, the scale with which the Trump administration is attempting to eliminate federal contracts is unprecedented, and acquirer considerations should include the size and scope of all active and pending government contracts of target companies, say attorneys at Winston & Strawn.
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Navigating The Uncertain Future Of The Superfund PFAS Rule
The D.C. Circuit's recent grant of a pause in litigation while the U.S. Environmental Protection Agency reviews the Biden-era designation of two per- and polyfluoroalkyl substances as "hazardous" under the Superfund law creates new uncertainty for companies — but more lawsuits are likely as long as the rule remains in effect, say attorneys at Alston & Bird.
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Opinion
SEC Defense Bar Should Pursue Sanctions Flexibility Now
The U.S. Securities and Exchange Commission defense bar has an opening under the new administration to propose flexible, tailored sanctions that can substantially remediate misconduct and prevent future wrongdoing instead of onerous penalties, which could set sanctions precedent for years to come, says Josh Hess at BCLP.
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What To Know About Insurance Coverage For Greenwashing
As the number of public and private lawsuits relating to greenwashing dramatically grows, risk managers of companies making environmental claims should look to several types of insurance for coverage in the event of a suit, say attorneys at Hunton.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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Considering The Future Of AI Regulation On Health Sector
As Texas looks to become the next state to pass a comprehensive law regulating artificial intelligence, the healthcare industry should consider how AI regulation will continue to evolve in the U.S. and how industry members can keep up with compliance considerations, say attorneys at Kirkland & Ellis.
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30 Years Later: How PSLRA Has Improved Securities Litigation
In the 30 years since the Private Securities Litigation Reform Act's passage, the statute has achieved its purpose of shifting securities class actions to investors most capable of monitoring the litigation, selecting competent counsel at competitive rates and maximizing recoveries for the investor classes they represent, say attorneys at Bernstein Litowitz.
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How Banks Can Prepare For NYDFS Overdraft Overhaul
The New York State Department of Financial Services' recent proposal to amend overdraft rules for financial institutions underscores states' potential to create consumer protection mechanisms in the absence of meaningful federal action, say attorneys at Steptoe.
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Terraform Case May Be Bellwether For Crypto Enforcement
The prosecution of crypto company Terraform Labs and its CEO, Do Kwon, offers a unique test of the line between lawful and unlawful conduct in digital transactions, and the Trump administration’s posture toward the case will provide clues about its cryptocurrency enforcement agenda in the years to come, say attorneys at Brooks Pierce.
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Contractor Liability When Directing Subcontractor Workforce
A recent Virginia Court of Appeals decision that rejected a subcontractor employee’s tortious interference claim should prompt prime contractors to consider how to mitigate liability risk associated with directing a subcontractor to remove its employee from a federal project, say attorneys at Venable.
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What's Next For Russia Sanctions After Task Force Disbanded
Attorney General Pam Bondi’s recent disbanding of Task Force KleptoCapture, which was initially aimed at seizing Russian oligarchs’ funds and assets, is unlikely to mean the end of Russia sanctions enforcement and other economic countermeasures, as the architecture for criminal enforcement remains in place, say attorneys at BakerHostetler.
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Texas Banking Dept. Memo Demystifies Crypto Classifications
A recent memorandum from the Texas Department of Banking provides clarity with respect to the classification of both stablecoins and nonstablecoin virtual currencies under the state's Money Services Modernization Act, flagging for firms that stablecoins may be scrutinized more closely as money transmission, say attorneys at Lowenstein Sandler.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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What Remedies Under New Admin's SEC Could Look Like
The U.S. Securities and Exchange Commission is likely to substantially narrow the remedies it pursues over the next few years, driven by the mounting challenges it faces in court, as well as the views of its incoming chair and fellow Republican commissioners on injunctions, penalties and disgorgement, say attorneys at Milbank.