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Compliance
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January 30, 2025
6th Circ. Wonders If Trump NLRB Shakeup Moots Memo Suit
Sixth Circuit judges wrestled Thursday with what to do with a legal challenge to a memo penned by the National Labor Relations Board's former general counsel given her recent firing and expected shifts in the agency's policy direction under President Donald Trump.
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January 30, 2025
M&A Shot To $3.7 Trillion In 2024 As IT/Tech, Finance Shined
Mergers and acquisitions deal values and volumes rebounded significantly in 2024 after a slow 2023, with the IT/tech and financial services sectors leading the way, according to a Thursday report from data firm PitchBook.
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January 30, 2025
NC Biz Court Bulletin: Sanctions Miss, Philip Morris Refund
In the second half of January, the North Carolina Business Court tussled with sanctions against a biogas company, heard claims an insurer tried to deliberately embarrass Cadwalader Wickersham & Taft LLP and ordered an $11 million tax refund for Philip Morris.
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January 30, 2025
Rumors Fly As Trump Seeks Deal To Keep TikTok Alive
President Donald Trump seems to be getting exactly the "bidding war" he wanted as multiple entities fight for a role in keeping TikTok available in the U.S.
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January 29, 2025
Trump Orders Target Protests, 'Indoctrination' In K-12 Schools
President Donald Trump on Wednesday issued a trio of executive orders related to education, including an order that prohibits "radical indoctrination" of children by teaching "anti-American ideologies" in K-12 schools, one that targets protests and "campus antisemitism," and another that calls for a federally funded school choice initiative.
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January 29, 2025
'DO NOT RESPOND': CFPB Union Calls Buyout Email A Trap
The Consumer Financial Protection Bureau's union has urged staff at the agency to refrain from responding to the Trump administration's buyout offer for federal employees, describing it as a potential trap and suggesting they consider marking it as spam instead.
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January 29, 2025
SEC Says PE Firm Defrauded Investors In $1B Fund
The U.S. Securities and Exchange Commission sued a private equity firm in Florida federal court Wednesday, alleging that it defrauded investors in a $1 billion fund by, among other things, falsely promising to segregate their assets and by transferring tens of millions of dollars into bank accounts held by the fund's leading executives.
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January 29, 2025
Apple Will Appeal Denial Of Bid To Defend Google Search Deal
Apple said Wednesday that it will appeal an order refusing to let it intervene in the government's search monopolization case against Google to defend a multibillion-dollar revenue-sharing deal that makes Google the default search engine for the Safari browser.
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January 29, 2025
SEC Wins $11.3M In Texas Oil Investment Fraud Case
A Texas federal judge ruled in favor of the U.S. Securities Exchange Commission in an 11-year-old case accusing brokers of soliciting more than 340 "partners" to invest in drilling projects that were actually unregistered investment vehicles, granting the request for over $11 million in disgorgement, interest and a civil penalty from one of the brokers and his companies.
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January 29, 2025
Calif. Privacy Agency Keeps Up Pressure On Data Brokers
The California Privacy Protection Agency continued to build on its scrutiny of data brokers Wednesday, announcing a settlement with a Connecticut-based company that allegedly failed to comply with the registration requirements of a groundbreaking state data deletion law.
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January 29, 2025
Roomba Maker Escapes Suit Over Scuttled Amazon Merger
A Massachusetts federal judge has permanently thrown out a shareholder class action accusing iRobot Corp. of misleading investors about expected regulatory opposition that ultimately led to the abandonment of a proposed $1.7 billion merger with Amazon, saying "the pleading process ought not be used as a trial balloon, with repeated bites at the apple."
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January 29, 2025
Ga. Judge Won't Free Wildlife Rehab From Animal Care Suit
A Georgia federal judge on Tuesday refused to free Noah's Ark Animal Rehabilitation Center and Sanctuary or the chair of its board of directors from an Ohio-based nonprofit's suit alleging the center failed to properly care for its wildlife.
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January 29, 2025
Allstate Says Houston Referral Site Ran Kickback Scheme
Allstate Insurance told a Texas federal court that a group of clinics ran a kickback scheme with a medical referral website, saying in a Wednesday complaint the website funneled car crash victims to clinics that overcharged in exchange for payouts.
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January 29, 2025
5th Circ. Rejects Outside Bid To Defend CFPB Small-Biz Rule
The Fifth Circuit on Wednesday stood by its decision to refuse two advocacy groups' request to help defend the Consumer Financial Protection Bureau's small business lending data rule, a day after the bureau and the suing banking trade groups pushed back and said they are fine to litigate themselves, without intervention.
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January 29, 2025
Gov't Contractors Want More Clarity On Trump Orders
Vague requirements in Trump administration orders affecting federal spending and differing implementations in related agency directives have left federal contractors confused and seeking more clarity from the government, a contractor industry group said Wednesday.
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January 29, 2025
German National Again Ordered To Pay $4.6M In Fraud
A Massachusetts federal judge on Wednesday ordered a German national to hand over $4.6 million in profits and interest from a multinational pump-and-dump scheme, money that the government says was parked overseas by his son.
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January 29, 2025
GOP Sen. Wants 'New' FCC To Review Soros-Audacy Deal
Now that the Federal Communications Commission is under Republican leadership, one Republican senator wants the new chair to review the agency's decision to approve Soros Fund Management's acquisition of an ownership interest in radio station owner Audacy.
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January 29, 2025
AFGE, AFSCME Fight Trump's Federal Workers Order
Two unions representing thousands of federal government employees sued the Trump administration Wednesday, seeking to halt enforcement of a portion of the president's executive order rolling back a Biden-era regulation covering protections for career civil service workers.
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January 29, 2025
Lab Co-Owner Gets 9 Years For $369M COVID Testing Scheme
The co-owner of a California medical laboratory was sentenced to nine years in prison after being accused of conspiring to defraud Medicare and private insurers out of $369 million by submitting claims for medically unnecessary tests during the COVID-19 pandemic emergency.
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January 29, 2025
New DOT Chief Orders Fuel Economy Standards Redo
U.S. Secretary of Transportation Sean Duffy has ordered the National Highway Traffic Safety Administration to retool its "extraordinarily stringent" vehicle fuel economy standards, immediately diving into President Donald Trump's rollback of Biden-era policies aimed at bolstering electric vehicles.
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January 29, 2025
5th Circ. Says DOT Must Redo Airline Fees Disclosure Rule
The Fifth Circuit has ordered the U.S. Department of Transportation to reassess its rule requiring airlines to more clearly disclose add-on fees upfront, saying the Biden administration failed to properly consider public comments on how costly it would be for airlines to comply with the 2024 mandate.
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January 29, 2025
Senate Confirms Former Rep. Lee Zeldin To Lead EPA
The U.S. Senate on Wednesday confirmed former New York congressman Lee Zeldin to lead the U.S. Environmental Protection Agency.
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January 29, 2025
Small Biz Org Can't Jump Into 5th Circ. Noncompete Ban Case
A Fifth Circuit judge has summarily refused to permit an entrepreneurs group to intervene in support of the Federal Trade Commission's currently blocked noncompete ban, an intervention sought in case the commission opts to abandon its defense.
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January 29, 2025
Nonprofits Back NC Officials In Animal Waste Permit Suit
After multiple lower state courts went back and forth on whether certain provisions laid out in a trio of farm animal waste system permits should have been adopted as official state rules, multiple advocacy groups urged the Tar Heel State justices to let them side with the government as they review the issue.
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January 29, 2025
4 Questions About Trump's Federal Worker Resignation Policy
President Donald Trump’s offer of letting federal workers resign with several months of paid administrative leave raises questions about its legality and whether workers will actually get paid, attorneys said. Here, Law360 explores four questions that stem from the policy.
Expert Analysis
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Trump's Day 1 Orders Auger Disruptions In Travel To US
While the orders President Donald Trump issued his first day in office didn't impose immediate entry bans as some speculated, they authorized greatly increased scrutiny of foreign nationals at U.S. consulates and ports of entry, and laid the groundwork for future actions that could significantly disrupt international travel, says Jennifer Kim at Moore & Van Allen.
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The Implications Of E-Cigarette Cos. Taking Suits To 5th Circ.
The U.S. Supreme Court recently heard oral arguments in U.S. Food and Drug Administration v. R.J. Reynolds over the definition of an "adversely affected" person under the Tobacco Control Act, and the justices' ruling will have important and potentially wide-ranging implications for forum shopping claims, says Trillium Chang at Zuckerman Spaeder.
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Del. Dispatch: Lessons From Failed Albertsons-Kroger Merger
The allegations in Albertsons' lawsuit against Kroger following the grocery stores' blocked merger demonstrate how a target company can best ensure that a buyer timely and effectively complies with its obligations to pursue the necessary regulatory approvals for a deal, say attorneys at Fried Frank.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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FAR Update Harmonizes Suspension And Debarment Rules
Although the newly finalized rule amending the Federal Acquisition Regulation's suspension and debarment system does not bring it into complete alignment with the same processes under the nonprocurement common rule, it is still a welcome update that makes many needed changes, says Kara Sacilotto at Wiley.
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What Vinyl Acetate's Prop 65 Listing Means For Cos.
California's recent move to add vinyl acetate to the Proposition 65 list of carcinogens, with enforcement starting later this year, will have sweeping compliance and risk implications for businesses in the retail, food and beverage, paint, adhesive, industrial manufacturing, and personal care product industries, say attorneys at Alston & Bird.
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How Cos. Can Respond To CFPB Digital Asset Safeguard Plan
Though the Consumer Financial Protection Bureau’s proposal to regulate online payment platforms via existing federal laws would create new challenges, digital payment companies that engage with the rulemaking process could help shape a win-win regulatory framework that protects consumer data and ensures the sector’s growth, says Allison Raley at Arnall Golden.
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EEOC Wearable Tech Guidance Highlights Monitoring Scrutiny
The U.S. Equal Employment Opportunity Commission's recent fact sheet on wearable technologies cautions against potential issues with federal anti-discrimination laws and demonstrates growing concern from regulators and legislators about intrusive technologies in the workplace, say attorneys at Littler Mendelson.
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Navigating The Potential End Of GLP-1 Drug Shortages
The U.S. Food and Drug Administration's determination of whether GLP-1 products are in shortage may affect how compounders provide these products and spur a range of litigation including patent disputes and unfair competition suits, say attorneys at Goodwin.
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Politicized OIGs Could Target Federal Employees, Contractors
After President Donald Trump fired nearly 20 inspectors general last week, it’s worth exploring how the administration could use Offices of Inspectors General to target federal employees and contractors, why it would be difficult to fight this effort, and one possible bulwark against the politicization of these watchdogs, says Sara Kropf at Kropf Moseley.
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Future Of Crypto-Asset Classification Is In 2nd Circ.'s Hands
A definitive ruling from the Second Circuit in a rare interlocutory appeal in the U.S. Securities and Exchange Commission's ongoing court battle with Coinbase could finally establish clear guidelines on the classification of digital assets, influencing how they are regulated and traded in the U.S., say attorneys at Manatt.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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More Environmental Claims, More Greenwashing Challenges
As companies prepare for the 2025 greenwashing landscape, they should take heed of a D.C. appellate decision that shows that environmental claims are increasingly subject to attack and provides plaintiffs with a playbook for challenging corporate claims of sustainability, say attorneys at Sidley.
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Trump Likely To Prioritize Trade, Customs Fraud Enforcement
With the evasion of tariffs and duties a probable focus for the U.S. Department of Justice and its partners under President Donald Trump, businesses should carefully monitor supply chains to avoid enforcement targeting, say attorneys at Shook Hardy.
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Overseas Investment Rule Calls For Compliance Caution
Investors should be leery of who and what they are investing in now that the federal outbound investment regime, effective Jan. 2, has extended the governement's regulatory reach to businesses and parties not previously subject to trade restrictions, says Thaddeus McBride at Bass Berry.