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Compliance
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March 22, 2025
Up Next At High Court: Non-Delegation & Clean Air Fights
The U.S. Supreme Court will return to the bench Monday to hear arguments in a dispute that could revive a long-dormant separation of powers principle and trigger a regulatory power shift.
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March 21, 2025
Trump Tells AG To Seek Sanctions On 'Vexatious' Attys
President Donald Trump on Friday night directed the U.S. attorney general to seek sanctions against attorneys and firms who lodge "frivolous, unreasonable, and vexatious" lawsuits against the federal government, focusing on immigration and BigLaw attorneys he claims "coach clients to conceal their past or lie" when seeking asylum.
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March 21, 2025
4th Circ. Won't Pause Order To Reinstate Federal Workers
The Fourth Circuit on Friday refused to pause a Maryland federal judge's restraining order requiring the reinstatement of thousands of probationary workers who were fired from 18 federal agencies.
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March 21, 2025
Barclays Beats Investor Suits Over Unregistered Securities
A New York federal judge tossed Friday a pair of proposed securities class actions alleging Barclays misled investors about its internal controls and its unregistered securities sales, which eventually triggered so-called short squeezes, finding that the statements aren't actionable and the investors haven't sufficiently pled scienter, among other pleading failures.
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March 21, 2025
Paul Weiss Stuns Legal Industry With Trump DEI Deal
Paul Weiss Rifkind Wharton & Garrison LLP's decision to strike a deal with the Trump administration to defuse an executive order targeting the firm has drawn criticism across the legal industry and highlights the challenges preventing BigLaw firms from taking collective action against the White House.
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March 21, 2025
NJ AG Says Landlord Discriminated Against Low-Income Renters
The New Jersey Division on Civil Rights has found probable cause that the owner of a Garden State apartment complex and its leasing agent allegedly discriminated against poor tenants through illegal minimum-income requirements, Attorney General Matthew J. Platkin announced Friday.
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March 21, 2025
NY AG Notches Another Data Security Deal With Auto Insurer
Root Insurance Co. will pay $975,000 to resolve the New York attorney general's claims that the company failed to protect driver's license numbers and other personal information swept up in a hacking campaign targeting online rate quote tools, marking the fourth settlement that the regulator has reached with auto insurers over alleged data security failings.
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March 21, 2025
SEC Crypto Roundtable Puts 'Howey' To The Test
The U.S. Securities and Exchange Commission brought a dozen cryptocurrency legal experts together on Friday to wrestle with how to define security status for digital assets, and their in-depth discussion left the regulator with more questions or suggestions than agreed-upon definitions.
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March 21, 2025
Real Estate Recap: GSA Leases, Artemis, C-PACE
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including insight from Holland & Knight attorneys on General Services Administration lease terminations, Paul Hastings dealmakers on the Artemis takeover, and how attorneys see increasing use of commercial property-assessed clean energy financing.
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March 21, 2025
Employment Authority: EEOC's DEI Info Requests Validity
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with how strong the U.S. Equal Employment Opportunity Commission's requests to 20 major law firms seeking their information about their diversity, equity and inclusion programs are, how the U.S. Department of Labor wage and hour enforcement could be affected by the Department of Government Efficiency's proposed termination of the department office leases and how re-upping a challenge to the National Labor Relations Board's 2020 joint employer rule could force a change in the regulation.
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March 21, 2025
Trump Administration Reveals Details On WOTUS Intentions
The Trump administration on Friday revealed that it plans to prioritize clarifying what types of water bodies are covered by the waters of the U.S. Clean Water Act rule during its upcoming review of the Biden-era regulations.
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March 21, 2025
Texas Regulator Says Scammers Recruited Game Developers
The Texas State Securities Board entered an emergency cease-and-desist order to stop offers of an allegedly fraudulent blockchain token called Apertum, saying its creators successfully recruited developers behind "Grand Theft Auto V" to launch a new game requiring the purchase of the token.
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March 21, 2025
Buyers' Gripe Is With Timber Sector, Not Charmin, P&G Says
A false advertising lawsuit accusing Procter & Gamble of overhyping the forest-friendly bona fides of Charmin toilet paper should be dismissed, the company told a Washington federal judge, arguing that the buyers' suit is misdirected at P&G when their actual disappointment is with the "forestry industry."
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March 21, 2025
Meta Defends Need For Current Data In FTC Case
Meta Platforms Inc. told a D.C. federal court the company should be able to use the most recent data it has during next month's trial in the Federal Trade Commission's case accusing the Facebook parent company of monopolizing personal social networking.
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March 21, 2025
NC Top Court Revives Constitutional Claim In Forced Vax Suit
The North Carolina Supreme Court Friday partially revived a family's lawsuit alleging a 14-year-old was given a COVID-19 vaccine without his parents' consent, saying a federal law that shields certain activity aimed at resolving the spread of disease during a public health emergency covers tort injuries, not state constitutional violations.
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March 21, 2025
SEC Guidance Moves Needle In Favor Of Private Fundraising
The U.S. Securities and Exchange Commission's recent guidance on how accredited investors can self-certify when participating in broadly publicized private placements simplifies legal compliance for issuers, according to attorneys, though the jury is still out on whether market participants will embrace the new framework.
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March 21, 2025
Boeing's Ex-CEOs, Suppliers Escape 737 Max Family's Claims
An Illinois federal judge on Friday dismissed a suit from an Ethiopian Airlines crash victim's family alleging former Boeing CEOs were personally liable for the company's negligence, holding the complaint lacks facts regarding what the CEOs knew about the jet's overall safety after another crash five months earlier.
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March 21, 2025
FCC Probes Chinese Cos. For Alleged Illicit US Operations
The Federal Communications Commission on Friday launched a new inquiry into Huawei, ZTE and other companies linked to the Chinese government examining whether they are still operating in the U.S. in violation of restrictions meant to curtail their operations here.
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March 21, 2025
Ex-Cognizant CLO Reconsidering Dismissal Of Paul Weiss
A former Cognizant Technology Solutions Corp. executive facing bribery charges indicated Friday that he may reconsider his decision to fire Paul Weiss Rifkind Wharton & Garrison LLP as his trial counsel, now that President Donald Trump has rescinded an executive order limiting the firm's access to federal buildings and officials.
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March 21, 2025
Consumer Group Doesn't Belong In FERC Fight, Court Told
An energy efficiency aggregator fighting a Federal Energy Regulatory Commission market manipulation case carrying a potential $1 billion price tag says a consumer advocate's concern over a constitutional challenge to the agency's structure can't justify its motion to intervene in the company's lawsuit.
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March 21, 2025
DOJ Ends Glencore Monitorships Under Bribery Deal Early
The U.S. Department of Justice has ended early two monitorships imposed as part of mining giant Glencore's 2022 bribery and market manipulation case settlement, in the wake of President Donald Trump's directive pausing enforcement of the Foreign Corrupt Practices Act.
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March 21, 2025
Treasury Lifts Sanctions Against Crypto Mixer Tornado Cash
The U.S. Department of the Treasury said Friday that it has removed U.S. government sanctions against cryptocurrency mixer Tornado Cash, ending the Biden-era blacklisting after the Fifth Circuit said last year that key code underpinning the service wasn't sanctionable.
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March 21, 2025
CFPB Says Comerica Trying To Forestall Agency Suit
The Consumer Financial Protection Bureau told a Texas federal judge on Friday that Comerica Bank was merely trying to use a lawsuit against the agency to forestall an enforcement action over the bank's handling of a government benefit card program.
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March 21, 2025
Dems Call On Trump To Reinstate Axed FTC Commissioners
A pair of top House Democrats called on President Donald Trump on Friday to reinstate the fired Democratic commissioners of the Federal Trade Commission because their firing was a "clear violation of the law."
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March 21, 2025
Boutique Firm Accuses IRS Of Illegally Enforcing Payroll Tax
A consumer-protection boutique law firm accused the IRS of illegally enforcing payroll taxes while delaying the processing of pandemic-era employee retention tax credits, which the firm claimed would have helped with compliance, according to a complaint in Connecticut federal court.
Expert Analysis
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Trump's Day 1 Orders Augur 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.
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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.