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Compliance
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March 03, 2025
American Asks Justices To Mull Bid To Revive JetBlue Pact
American Airlines has told the U.S. Supreme Court that the First Circuit flouted basic antitrust principles when it invalidated the carrier's codeshare agreement with JetBlue in Boston and New York, a decision that "threatens to wreak havoc on productive collaborations of all shapes and sizes."
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March 03, 2025
Sandoz Settles Florida's Generic Drug Price-Fixing Claims
Sandoz AG reached a settlement with Florida that ends federal antitrust claims the Sunshine State lodged against the drugmaker within wider litigation claiming numerous pharmaceutical companies and individuals participated in a conspiracy to fix generic drug prices, according to a Friday court filing.
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March 03, 2025
Gov't Wants End Of Judicial Review, Atty For MSPB Head Says
An attorney for the briefly ousted head of the Merit Systems Protection Board said Monday that the U.S. Department of Justice was effectively calling for the end of judicial review during impassioned arguments on an injunction that would keep the official on the board after a temporary order reinstating her expires Tuesday.
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March 03, 2025
Metal Finishing Co. To Pay $2.3M In PPP Fraud Case
A U.S. affiliate of Rosler Oberflachentechnik GmbH has agreed to pay almost $2.3 million to resolve allegations that it obtained a COVID-19 pandemic relief loan it was ineligible for based on employee headcount, federal prosecutors have announced.
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March 03, 2025
SEC Expands Confidential Filing Options For Companies
The U.S. Securities and Exchange Commission on Monday said it is expanding the range of filings that companies can submit for confidential review before such documents become public, predicting that the new accommodations will spur capital formation.
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March 03, 2025
Judge Tosses SEC Crypto Case For Lack Of US Ties
Crypto founder Richard Heart has beaten a U.S. Securities and Exchange Commission suit over his Hex, PulseChain and PulseX crypto projects after the Brooklyn federal judge overseeing the case found the regulator failed to show enough stateside ties.
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March 03, 2025
FDIC Beats Bank's Constitutional Fight Over In-House Judges
A Kansas federal judge tossed on Monday a local bank's constitutional challenge to administrative law judges presiding over the Federal Deposit Insurance Corp.'s $20.5 million anti-money laundering enforcement proceeding against the bank, ruling that the district court does not have the jurisdictional authority to hear the bank's Seventh Amendment claims.
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March 03, 2025
Texas High Court Told Telecom Law Clears State Constitution
Texas is hoping its highest court will overturn a ruling that found the state violated its own constitutional rules about gift-giving by capping the amount cities can charge telecoms for using their rights-of-way to such a degree that they were basically forced to give away public money.
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March 03, 2025
Transparency Law Flouts Biz Owners' Privacy, Judge Says
A Michigan federal judge on Monday ruled the Corporate Transparency Act's beneficial ownership reporting requirements constitute an unreasonable intrusion into business owners' privacy, shortly after the U.S. Department of the Treasury said it was suspending enforcement of the embattled law.
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March 03, 2025
Broker Can't Use Jarkesy To Slip SEC's Pre-IPO Fraud Suit
A New York federal judge on Monday ordered an unregistered broker-dealer and its managing member to comply with the U.S. Securities and Exchange Commission's administrative order requiring them to pay roughly $3.5 million to settle claims they made over $65 million selling interests in a portfolio of companies that hadn't yet gone public.
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March 03, 2025
Trump Admin Defends Right To Send DOGE Into Agencies
A group of unions is trying to limit the president's right to oversee the executive branch by claiming that Elon Musk's Department of Government Efficiency can't access agencies' computer systems, the Trump administration told a D.C. federal judge, asking him to nix the unions' injunction bid.
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March 03, 2025
DOJ Opposes Anthropic's Amicus Bid In Google Search Case
The U.S. Department of Justice is telling a D.C. federal judge to keep Anthropic PBC out of the remedies phase of its search antitrust case against Google, arguing that the artificial intelligence company is trying to backdoor its way to intervenor privileges through an amicus curiae request.
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March 03, 2025
SEC's Peirce Taps Ex-Willkie Partner For Crypto Task Force
The U.S. Securities and Exchange Commission has hired a former Willkie Farr & Gallagher LLP partner into a leadership role in its new task force created to transform the agency's approach toward the cryptocurrency industry.
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March 03, 2025
Some 'ComEd Four' Bribery Counts Vacated Over Jury Charge
An Illinois federal judge on Monday ordered a retrial on four bribery charges in the case against an ex-Commonwealth Edison executive and three lobbyists convicted of conspiring to bribe former Illinois House Speaker Michael Madigan, finding the jury was improperly instructed in the wake of a recent U.S. Supreme Court ruling but leaving intact the overarching conspiracy conviction.
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March 03, 2025
Jarkesy Can't Get Penny Stock Co. Out Of SEC Penalty
The Second Circuit on Monday upheld the U.S. Securities and Exchange Commission's courtroom victory against a penny stock company found to have misled its investors about its financial state, ruling that the company couldn't lean on the U.S. Supreme Court's Jarkesy ruling to argue that a jury should have determined its punishment.
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March 03, 2025
Chamber Leads Group Challenging NY Climate Superfund Bill
A U.S. Chamber of Commerce-led coalition asked a New York federal judge to block a "plainly unconstitutional" Empire State law that promises to impose $75 billion in cost-recovery demands on fossil fuel companies to help pay for climate adaptation projects.
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March 03, 2025
EPA Chief Asks Watchdog To Investigate $20B Grant Program
The U.S. Environmental Protection Agency said Monday it's asking its internal investigators to look into how $20 billion in congressionally supplied grant money has been distributed.
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March 03, 2025
Enviro Groups Say DOGE Teams Are Violating Transparency Law
Five federal agencies are violating their legal obligations to provide transparency about their connection to the Elon Musk-headed entity that's leading the Trump administration's effort to reduce government staffing and spending levels, environmentalists said in a D.C. federal lawsuit filed Monday.
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March 03, 2025
Sutter Settles Years-Old Antitrust Suit On Courthouse Steps
Attorneys for a class of millions of health insurance premium payors announced an eleventh hour deal staving off a new antitrust trial Monday in California federal court over claims that hospital chain Sutter Health drives up costs by pushing all-or-nothing network deals on insurers.
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March 03, 2025
Vape Co.'s Challenge Of FDA Penalty Rejected
A Washington, D.C., federal judge has thrown out an online vape retailer's constitutional challenge to a U.S. Food and Drug Administration enforcement proceeding, ruling that claims fell outside the court's jurisdiction.
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March 03, 2025
Monthly Merger Review Snapshot
Japan's Nippon Steel is challenging a decision blocking its $14.9 billion merger with U.S. Steel Corp. on national security grounds, as door manufacturer Jeld-Wen continues fighting a landmark order forcing it to sell a Pennsylvania factory and the Justice Department pushes cases targeting mergers in the home health, networking and corporate travel spaces.
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March 03, 2025
Treasury Halts Enforcement Of Corporate Transparency Act
The U.S. Treasury Department won't enforce the Corporate Transparency Act on U.S. businesses and will change regulations so it only applies to foreign companies registered stateside, according to an announcement that activists said invites criminals into the U.S. and lawyers said could provoke judicial scrutiny.
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March 03, 2025
Kraken Joins Crypto Cos. Announcing SEC Case Dismissals
Crypto exchange Kraken said Monday that the U.S. Securities and Exchange Commission is also walking away from its registration suit amid a bevy of crypto case dismissals and investigation closures that have come as part of a new approach to digital asset policy.
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March 03, 2025
Former SDNY Top Prosecutor Kim Returns To Private Sector
Veteran white-collar defense lawyer Edward Kim, who most recently served as acting U.S. attorney for the Southern District of New York, said Monday he is returning to the firm he founded, Krieger Lewin LLP, which will be known as KKL.
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March 03, 2025
Justices Turn Down Suit By Worker Fired Over Online Post
The U.S. Supreme Court said Monday it would not review a Sixth Circuit decision holding that a former CSX Transportation Inc. engineer waited too long to try to revive his wrongful termination suit stemming from an online post he made about a fatal train accident.
Expert Analysis
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How Cos. Can Prepare Now For SEC E-Filing System Changes
The U.S. Securities and Exchange Commission's amendments to the Electronic Data Gathering, Analysis and Retrieval system are designed to improve access to and management of EDGAR accounts, and with the March 24 effective date fast approaching, and the transition requiring significant coordination, companies should begin planning now, say attorneys at Debevoise.
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The Tides Are Changing For Fair Access Banking Laws
The landscape of fair access banking laws, which seek to prevent banks from denying services based on individuals' ideological beliefs, has shifted in the last few years, but a new presidential administration provides renewed momentum for advancing such legislation against the backdrop of state efforts, say attorneys at Latham.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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A Halftime Analysis Of DOJ's Compensation Pilot Program
The U.S. Department of Justice appears to consider the first half of its three-year pilot program on compensation incentives and clawbacks to be proceeding successfully, so companies should expect prosecutors to emphasize the program and other compliance-related considerations early in investigations, say attorneys at Debevoise.
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What To Expect From Trump's Deputy Labor Secretary Pick
President Donald Trump's nominee for deputy secretary of the U.S. Department of Labor, Keith Sonderling, has a track record of prioritizing clear guidance on both traditional and cutting-edge issues, which can provide insight into what employers can expect from his leadership, say attorneys at Littler.
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Top 10 Healthcare And Life Sciences Issues To Watch In 2025
Under the new Trump administration, this coming year may benefit some healthcare and life sciences stakeholders, while creating new challenges for others amid an increasingly complex regulatory environment, say attorneys at Debevoise.
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A Look At Order Ending Federal Contractor Affirmative Action
To comply with President Donald Trump's executive order revoking affirmative action requirements in the next 90 days, federal contractors should focus on identification of protected groups, responsibilities of "diversity officer" positions and annual compliance reviews, says Jeremy Burkhart at Holland & Knight.
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Why Trump's FTC May Not U-Turn On Robinson-Patman
The Federal Trade Commission's recent revival of Robinson-Patman Act enforcement may well be here to stay under the Trump administration — albeit with some important caveats for businesses caught in the government's crosshairs, say attorneys at Reed Smith.
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4 Keys To Litigating In An Active Regulatory Environment
For companies facing litigation influenced by government regulatory action — a recent trend that a politically charged atmosphere will exacerbate — there are a few principles that can help to align litigation strategy with broader public positioning in the regulatory and oversight context, say attorneys at Jenner & Block.
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Kiromic SEC Order Shows Importance Of Self-Reporting
The U.S. Securities and Exchange Commission's recently filed settled charges against Kiromic BioPharma illustrate the critical intersection between U.S. Food and Drug Administration regulatory processes and investor disclosures under the securities laws, and showcase how responding promptly to internal whistleblower reports may reap benefits, say attorneys at Arnold & Porter.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Gas Contract Fight Holds Lessons On Force Majeure Clauses
Ongoing litigation over gas deliveries during Winter Storm Uri underscores the need for precision and foresight when negotiating force majeure clauses in contracts — particularly in the energy sector, where climate-related disruptions and market volatility are inevitable, but often unpredictable, say attorneys at Spencer Fane.
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Mass. Law Shows Patchwork Money Transfer Rules Persist
Though Massachusetts' recently passed law governing domestic money transfers means 26 states now have a version of the Model Money Transmission Modernization Act on the books, the national framework remains a patchwork that will continue to force industry players to pay sharp attention to state variations, say attorneys at Manatt.
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FDA's Red No. 3 Ban Reshapes Food Safety Legal Landscape
The U.S. Food and Drug Administration's recent ban on Red No. 3 represents more than the end of a controversial dye — it signals a shift in regulatory priorities, consumer expectations, intellectual property strategy, compliance considerations and litigation risk, says Dino Haloulos at Foley Mansfield.