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Compliance
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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.
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March 03, 2025
Coinbase Wants To Know SEC Spend On Crypto Enforcement
Crypto exchange Coinbase wants to know how much the U.S. Securities and Exchange Commission spent on its "regulation-by-enforcement campaign" against crypto firms under previous Chair Gary Gensler, according to a Freedom of Information Act request submitted on Monday.
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March 02, 2025
WH Appeals After Watchdog Chief Is Permanently Reinstalled
A D.C. federal judge ruled Saturday that President Donald Trump's firing of the head of the Office of Special Counsel was illegal, finding that the federal employment watchdog can only be ousted for cause.
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February 28, 2025
Strict Mandates In Contracting Order May Undercut Efficiency
An executive order proposing to bring more transparency and efficiency to federal contracting could undermine any efficiency gains by putting additional compliance burdens on an already-strained acquisition workforce that is set to shrink further under the Trump administration.
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February 28, 2025
Trump Still Isn't Obeying Order To Free FEMA Funds, AGs Say
The Trump administration still has not restored millions of dollars in Federal Emergency Management Agency funds as part of a temporary restraining order barring a freeze on funding for federal grant and aid programs, a coalition of states told a Rhode Island federal judge Friday, asking the court to enforce its order.
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February 28, 2025
CFPB Endgame Is Just 'Five Men And A Phone,' Filings Allege
Current and former Consumer Financial Protection Bureau employees alleged in D.C. federal court filings that the Trump administration is much more aggressively trying to gut the agency than it has let on, warning it has already damaged vital functions.
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February 28, 2025
CFPB Won't Drop MoneyLion Suit Despite Agency Shake-Up
The Consumer Financial Protection Bureau told a New York federal judge Friday that the agency plans to continue pursuing its lawsuit against MoneyLion Technologies Inc. under Trump-appointed leadership despite uncertainty about the agency's future and the CFPB's recent decisions to drop other actions due to the Trump administration's policy shake-up.
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February 28, 2025
SEC, Ex-Silvergate CFO Trade Shots Over Enforcement Case
The U.S. Securities and Exchange Commission on Friday urged a New York federal court not to throw out its claims that the former chief financial officer of defunct crypto-focused bank Silvergate Capital concealed the bank's rocky financial position, saying that the executive is mischaracterizing its claims.
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February 28, 2025
Calif. Tribe Didn't Comply With Tobacco Laws, Judge Says
Federal tobacco regulators were justified in blocking the Twenty-Nine Palms Band of Mission Indians from shipping cigarettes after its wholesale products were resold to people without tribal affiliation, a California federal judge has ruled in a lawsuit that argued the concept of tribal sovereignty was being turned on its head.
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February 28, 2025
T-Mobile Touts Broadband Benefits Of US Cellular Deal
T-Mobile continues to make its case to the Federal Communications Commission in the hopes of earning the agency's blessing on the mobile behemoth's $4.4 billion plan to pick up rival UScellular's wireless business since it holds the key to the transfer of all the latter company's licenses.
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February 28, 2025
FCC Slaps Pirate Radio Stations With $400K In Fines
The Federal Communications Commission fined two people almost $400,000 Friday for running a pair of illegal radio stations, with the agency saying that it was putting "other pirate radio operators on notice."
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February 28, 2025
Trump Admin Cuts Raise Trade Secret Security Concerns
As the Trump administration reduces the size of the federal government, intellectual property attorneys are expressing concerns about the continued safeguarding of trade secrets that companies are required to disclose to certain agencies.
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February 28, 2025
Real Estate Recap: Gov't Lease Limbo, AI Upset, Profiteering
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney insights into federal lease upheaval, the impact of AI efficiency on data centers and price-gouging in the aftermath of the Los Angeles wildfires.
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February 28, 2025
Up Next At High Court: Gun Violence Liability & Nuclear Waste
The U.S. Supreme Court will return to the bench Monday to consider Mexico's attempt to hold gun manufacturers and distributors liable for cartel-related gun violence and a nuclear waste site dispute that could determine who can challenge future agency actions.
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February 28, 2025
Dems Sue Trump To Stop Encroachment On FEC
The three national Democratic Party committees sued President Donald Trump in D.C. federal court Friday, saying a recent executive order undercuts the independence of the federal agency charged with enforcing campaign finance law.
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February 28, 2025
Presidents v. Courts: Lincoln, Trump & Judicial Power Limits
Amid fears of President Donald Trump disobeying judges with impunity, debate has focused on famous instances of officials defying the U.S. Supreme Court. But some of the clearest insights into America's handling of White House disregard for courts exist in relatively obscure cases from the Civil War era, when unprecedented presidential actions provoked extraordinary responses from the judiciary — and underscored the limits of its powers.
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.