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Compliance
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July 03, 2024
SEC Says Apparel Co.'s Preemptive Crypto Suit Is Unripe
The U.S. Securities and Exchange Commission told a Texas federal judge on Wednesday a crypto industry group and apparel company can't sue the regulator over its alleged "digital-asset policy" since the parties can't point to any rule or action to challenge.
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July 03, 2024
NYC Pensions Defeat Challenge To Fossil Fuel Divestments
A trio of New York City pension plans on Wednesday beat a lawsuit claiming they'd damaged public employees' retirement funds by removing $3.9 billion from investments in fossil fuels, with a New York state judge ruling the workers hadn't shown they'd been harmed by the divestments.
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July 03, 2024
Rochester Says Chevron Ruling May Impact Telecom Fee Deal
The city of Rochester is clashing with Verizon Wireless, Crown Castle and Extenet in New York federal court over the impact of the U.S. Supreme Court's recent ruling overturning the Chevron deference amid litigation over how much the city can charge telecoms to do business.
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July 03, 2024
FCC Says No To Rethink Of $25M Aid Denial For Cell Towers
The Federal Communications Commission says it's not going to rethink its decision to say no to $25.5 million in aid to build 16 cell towers, because even though it's a group of California school districts that is asking, the funds are earmarked for schools, and it was never explained how the towers would benefit the students or staff.
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July 03, 2024
FTC Warns Cos. Over Warranties That Limit Right To Repair
The Federal Trade Commission is warning a group of air purifier sellers, treadmill makers and gaming tech companies not to scare their customers from using independent dealers to repair their products, saying their use of "warranty void" notices might be in violation of federal right-to-repair laws.
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July 03, 2024
FCC Denies 'Blanket Amnesty' If Cos. Drop Network Projects
The Federal Communications Commission said Wednesday it will not provide blanket relief from FCC penalties against broadband providers that pull out of rural deployment commitments, but will weigh companies' individual circumstances.
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July 03, 2024
FCC Says Assurance Failed Blind Customer On Accessibility
T-Mobile unit Assurance made one of its blind customers spend the better part of three years going back and forth with it about getting an accessible device, which it was required to provide under the Federal Communications Commission's rules for the Lifeline subsidy program, the FCC said.
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July 03, 2024
GM Inks EPA Emissions Settlement, Removes Carbon Credits
The U.S. Environmental Protection Agency said Wednesday that General Motors has voluntarily retired nearly 50 million metric tons of greenhouse gas credits to resolve allegations the automaker understated the emissions of about 6 million vehicles.
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July 03, 2024
Texas Court Puts FTC's Noncompete Ban On Hold
A Texas federal judge on Wednesday blocked the Federal Trade Commission from enforcing its rule banning noncompete agreements against tax preparation company Ryan LLC and the U.S. Chamber of Commerce and suggested the regulation should be shot down.
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July 03, 2024
Assa Abloy Trying To Rewrite Merger Deal, Gov't Claims
The U.S. Department of Justice fired back at Assa Abloy's bid to rein in a monitoring trustee installed after the company settled a government merger challenge, saying the company is trying to "walk away from its promises to the court" after completing its acquisition of Spectrum Brands' hardware and home improvement business.
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July 03, 2024
Fox Rothschild Hires Pryor Cashman Nonprofit Leads
Fox Rothschild LLP announced Wednesday the hiring of two Pryor Cashman LLP partners for its corporate department in New York.
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July 03, 2024
Feds Call Delayed Asylum Bid Reasonable Amid Backlogs
The U.S. Department of Homeland Security is urging a Florida federal court to rule that it's not unreasonable for one man's asylum application to still be processing after four years and counting in light of the asylum backlogs at U.S. Citizenship and Immigration Services.
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July 03, 2024
FCC Relying On Iffy Broadband Marketing Data, Co-Ops Say
Rural broadband providers are telling the Federal Communications Commission that more changes are needed for the agency's national broadband maps to accurately determine where federal funding would have the biggest impact in building out network infrastructure in hard-to-reach areas.
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July 03, 2024
After Chevron Deference: What Lawyers Need To Know
This term, the U.S. Supreme Court overturned Chevron deference, a precedent established 40 years ago that said when judges could defer to federal agencies' interpretations of law in rulemaking. Here, catch up with Law360's coverage of what is likely to happen next.
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July 03, 2024
Berkeley Research Group Hires Aprio Partner
Berkeley Research Group, the expert services and consulting firm, has hired a new director in its government contracts practice who recently joined the firm in Washington, D.C., according to a recent announcement.
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July 02, 2024
Ozy's Watson Says He's No Fraudster, Judge Accused Of Bias
Ozy Media founder Carlos Watson on Tuesday sought to rebut claims of deceiving financial backers of the media and entertainment company, denying any involvement in a ploy to impersonate a YouTube executive in order to secure funding from Goldman Sachs, while defense counsel continued to accuse the trial judge of bias.
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July 02, 2024
Labor Dept. Unveils Proposed Extreme Heat Protections
The U.S. Department of Labor on Tuesday announced proposed new regulations aimed at protecting workers in extreme heat by requiring employers to develop plans for mitigating heat-related hazards in the workplace and responding quickly to emergencies.
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July 02, 2024
Debevoise Can't Avoid Testifying In Ex-Cognizant Execs' Trial
A New Jersey federal judge denied Tuesday a bid by Debevoise & Plimpton LLP to quash a subpoena seeking testimony from a firm partner for the coming bribery trial of two former Cognizant Technology Solutions Corp. executives.
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July 02, 2024
Vroom Settles With FTC Over Deceptive Ads, Late Deliveries
Texas-based used car company Vroom will pay $1 million to settle allegations it misleadingly advertised to customers that its used vehicles listed for sale were thoroughly inspected and failed to promptly refund customers when their cars weren't delivered within the represented 10-to-14 day time-frame, the Federal Trade Commission announced on Tuesday.
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July 02, 2024
Tribal Nations Want In On Red States' Water Rule Dispute
Seven tribal nations are asking a North Dakota federal court for permission to intervene in a group of red states' challenge to a U.S. Environmental Protection Agency rule revision that considers tribal rights in addressing water quality standard regulations, arguing that their rights to aquatic resources could be harmed should the law be overturned.
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July 02, 2024
Apple Says It's Too Early For Discovery In DOJ Antitrust Case
There's no need to get the ball rolling on discovery in the U.S. Department of Justice's case accusing Apple of monopolizing the smartphone market until the New Jersey federal court overseeing the case decides if it's going to dismiss it entirely, the tech giant argued.
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July 02, 2024
Sens. Urge Synapse Partners To Free Up Customer Funds
A group of Democratic senators led by banking committee chair Sherrod Brown, D-Ohio, called on the owners and banking partners of bankrupt fintech intermediary Synapse Financial Technologies to restore customers' access to their deposits.
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July 02, 2024
Harvest Capital Class Ends Chancery Merger Suit For $3.85M
Stockholder attorneys who secured a $3.85 million pretrial class settlement for an allegedly unfair Harvest Capital Credit Corp. merger deal won an above-average 25% share of the award Tuesday, in what a Delaware vice chancellor indicated was a move to reward top-flight attention to smaller-stakes litigation.
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July 02, 2024
Top Groups Lobbying The FCC
The Federal Communications Commission heard from advocates nearly 150 times in June on issues including broadband map accuracy, next-generation 911, prison phone rates, a new missing-persons code and rules to restrict bulk billing in apartment buildings.
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July 02, 2024
Judge Says Feds Exceeded Question Limit In Pollution Suit
A Michigan federal judge has denied the federal government's bid to force a coke oven battery company to respond to questions about business decisions and parent company involvement, holding that it has exceeded an agreed-upon limit of so-called interrogatories in its Clean Air Act case.
Expert Analysis
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SEC Amendments May Launch New Execution Disclosure Era
The U.S. Securities and Exchange Commission's recently adopted amendments to Rule 605 of Regulation NMS for executions on covered orders in national market system stocks modernize and enhance execution quality reporting, but serious guidance is still needed to make the reports useful for the public investor, say attorneys at Sidley.
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Ga. Law Creates Challenges For Foreign Ownership Of Land
Under Georgia's new law limiting certain foreign possessory interests in agricultural land and land near military properties, affected foreign persons and entities will need to do significantly more work in order to ensure that their ownership remains legal, say Nellie Sullivan and Lindsey Grubbs at Holland & Knight.
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Mitigating Incarceration's Impacts On Foreign Nationals
Sentencing arguments that highlighted the disparate impact incarceration would have on a British national recently sentenced for insider training by a New York district court, when compared to similarly situated U.S. citizens, provide an example of the advocacy needed to avoid or mitigate problems unique to noncitizen defendants, say attorneys at Lankler Siffert.
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Contract Disputes Recap: Saying What Needs To Be Said
Edward Arnold and Bret Marfut at Seyfarth Shaw examine three recent decisions that delve into the meaning and effect of contractual releases, and demonstrate the importance of ensuring that releases, as written, do what the parties intend.
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Navigating Title VII Compliance And Litigation Post-Muldrow
The U.S. Supreme Court’s recent ruling in Muldrow v. St. Louis has broadened the scope of Title VII litigation, meaning employers must reassess their practices to ensure compliance across jurisdictions and conduct more detailed factual analyses to defend against claims effectively, say Robert Pepple and Christopher Stevens at Nixon Peabody.
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The Opportunities, Risks And Rewards Of AI Acquisitions
As artificial intelligence acquisitions become an increasing area of focus for investors and technology buyers, entities should pay special attention to target identification, due diligence and more when structuring and executing a transaction with a company that has an AI-centric business model, say attorneys at Foley & Lardner.
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Tiny Tweaks To Bank Merger Forms May Have Big Impact
The impact of proposed changes to the Federal Reserve Board's and Federal Deposit Insurance Corp.'s bank merger review forms would be significant, resulting in hundreds of additional burden hours for bank merger applicants and signaling a further shift by the prudential bank regulators toward more rigorous scrutiny of mergers, say attorneys at Debevoise.
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How CFPB Credit Card Rules Slot Into Broader Considerations
Swirling legal challenges against the Consumer Financial Protection Bureau's recent rulemaking concerning credit card late fees raise questions about how regulated entities should respond to the bureau's rules — and how quickly they should act, say Caitlin Mandel and Elizabeth Ireland at Winston & Strawn.
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AI And Trade Controls: A Guide To Expanding Restrictions
With restrictions on trade related to commodities, software and technology integral to high-performing artificial intelligence capabilities expected to expand — particularly between the U.S. and China — companies must carefully consider the export classification of the items they design, produce or procure, say attorneys at Hogan Lovells.
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4 Takeaways From Biden's Crypto Mining Divestment Order
A May 13 executive order prohibiting the acquisition of real estate by a foreign investor on national security grounds — an enforcement first — shows the importance of understanding how the Committee on Foreign Investment in the United States might profile cross-border transactions, even those that are non-notified, say attorneys at Kirkland.
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Novel Applications May Fizzle After Fed Master Account Wins
Two recent federal court rulings that upheld decisions denying master account applications from two fintech-focused banks are noteworthy for depository institutions with novel charters that wish to have direct access to the Federal Reserve's payment channels and settle transactions in central bank money, say attorneys at Davis Polk.
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Exploring An Alternative Model Of Litigation Finance
A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.
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FTC Noncompete Rule's Impact On Healthcare Nonprofits
Healthcare entities that are nonprofit or tax-exempt and thus outside of the pending Federal Trade Commission noncompete rule's reach should evaluate a number of potential risk factors and impacts, starting by assessing their own status, say Ben Shook and Tania Archer at Moore & Van Allen.
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Del. Dispatch: Chancery's Evolving Approach To Caremark
Though Caremark claims are historically the least likely corporate claims to lead to liability, such cases have been met in recent years with increased judicial receptivity — but the Delaware Court of Chancery still expressly discourages the reflexive filing of Caremark claims following corporate mishaps, say attorneys at Fried Frank.
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A GC's Guide To Multijurisdictional Regulatory Compliance
Overlapping cybersecurity regulation has created an increasingly fragmented regulatory landscape with elevated oversight for organizations across the globe, but general counsel can help develop a best-in-class approach to manage these complexities by building a compliance strategy holistically, say David Dunn and Meredith Griffanti at FTI Consulting.