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Compliance
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October 18, 2024
Downstream Lumentum Tippee Settles SEC Claims For $443K
A New Jersey man will pay nearly $443,000 to end the latest insider trading allegations made by the U.S. Securities and Exchange Commission involving the 2021 acquisition of photonics company NeoPhotonics by optical product maker Lumentum Holdings Inc.
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October 18, 2024
How Dickinson Wright Attys Won A Victory Before The SEC
It took more than four years and possibly an alleged slip-up by the U.S. Securities and Exchange Commission's enforcement staff for Dickinson Wright PLLC attorneys to secure what they said is a first-of-its-kind ruling by the agency when it reversed a trading suspension against a firm client over the objections of the SEC's own staff.
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October 18, 2024
Colo. County, Enviros Back DC Ruling In High Court Rail Fight
Conservation groups and a Colorado county are urging the U.S. Supreme Court to affirm a D.C. Circuit ruling that overturned federal approval of a rail project proposed to haul crude oil out of Utah's Uinta Basin, as justices set arguments for a challenge to that ruling for Dec. 10.
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October 18, 2024
Walmart Scores Quick Appeal In FTC's Money Transfer Suit
An Illinois federal judge refused Friday to reconsider a prior decision trimming the Federal Trade Commission's suit alleging Walmart facilitated fraud through its money transfer services, while allowing Walmart to seek interlocutory review regarding the FTC's litigating authority.
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October 18, 2024
Consultant Ducks Prison For Helping OneCoin Launder $35M
A New York federal judge declined on Friday to sentence a co-founder of business consultancy and investment firm InterAmerican Group to any time in prison for his role in a scheme to launder about $35 million in proceeds from the multibillion-dollar OneCoin cryptocurrency scam.
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October 18, 2024
Consumer Capital One-Discover Suit Paused For Gov't Review
A Virginia federal judge hit pause Friday on a private cardholder proposed class action challenging Capital One's planned $35 billion acquisition of Discover Financial Services, agreeing with the companies that it's best to let still-pending review by banking regulators play out first.
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October 18, 2024
FTC Appeals Noncompete Ban Loss To 5th Circ.
The Federal Trade Commission gave notice Friday that it would seek Fifth Circuit intervention against a Texas federal judge's decision to block its ban on employment noncompete agreements.
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October 18, 2024
SEC Updates Binance Complaint As Judge Limits Discovery
The U.S. Securities and Exchange Commission has updated its case against Binance with new allegations attempting to draw similarities between the crypto exchange and traditional securities platforms, but a Washington, D.C., federal judge made clear that discovery on those points and others won't move forward for the time being.
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October 18, 2024
NY County Says Tribe Wants Special Treatment In 911 Row
New York's Cayuga County has asked a federal court to dismiss the Cayuga Nation's lawsuit accusing it and another county of refusing to forward 911 calls happening on tribal land to the tribe's police department without payment, saying it doesn't owe the tribe special treatment.
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October 18, 2024
States, Public Health Groups Defend EPA Power Plant Rule
A group of 21 states and the District of Columbia called on the D.C. Circuit on Friday to reject myriad challengers' attempts to unravel the U.S. Environmental Protection Agency's plan to control greenhouse gas emissions from power plants.
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October 18, 2024
HHS Slams Hackensack Meridian's Chevron-Inspired Suit
The U.S. Department of Health and Human Services has torn into a suit from New Jersey's largest healthcare network over Medicare reimbursements, arguing the network has "chosen to blaze a path … that is both prohibited by Congress and unsanctioned by precedent."
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October 18, 2024
Cos. Say Brokerage Startup's NAR Listing Rules Suit Is Stale
HomeServices of America Inc. and HSF Affiliates LLC told a Utah federal court on Friday to toss a residential brokerage startup's antitrust suit that accused them, multiple brokerages and the National Association of Realtors of conspiring to block the startup from NAR's multiple listing services.
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October 18, 2024
FTC Won't Disqualify ALJ in H&R Block False Ad Fight
The Federal Trade Commission denied a request by H&R Block to stop an administrative law judge from overseeing a proceeding that accuses the tax preparation company of deceptive advertising, saying Friday that ALJs don't have unconstitutional job protections as the company claimed.
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October 18, 2024
Hong Kong Regulators Unveil Plans To Quicken IPOs
Hong Kong regulators and stock exchange officials announced a plan on Friday to accelerate their time frames for reviewing initial public offerings, a bid to improve the region's attractiveness for new listings amid intense global competition.
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October 18, 2024
Weedmaps' Parent Co. Faces Investor Suit After SEC Fine
The parent company of cannabis tech company Weedmaps was hit with an investor's proposed class action alleging shareholders were damaged following the U.S. Securities and Exchange Commission's announcement that it fined the company $1.5 million for allegedly making misleading statements about its monthly active users.
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October 18, 2024
Enforcers Fight RealPage Transfer Bid In Rent-Fixing Case
Enforcers urged a North Carolina federal court not to transfer the government's antitrust case against RealPage to the Tennessee court overseeing similar private cases, saying Congress has made it clear that public antitrust actions should not be roped into multidistrict litigation.
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October 18, 2024
Crypto Coder Asks 2nd Circ. To Delay Expert Witness Reveal
The founder of cryptocurrency service provider Tornado Cash urged the Second Circuit on Friday to pause a district court judge's order for him to disclose who he might call as an expert witness at an upcoming money laundering and sanctions trial.
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October 18, 2024
Chamber Of Commerce Seeks Stay Of H-2A Rule For Harvest
The U.S. Chamber of Commerce pushed a Mississippi federal court to stay a policy allowing H-2A migrant farmworkers to organize, saying its members can't risk being penalized under the policy while the Chamber challenges the rule's legality.
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October 18, 2024
Feds Defend Bribery Charge Against NYC Mayor Adams
Federal prosecutors pushed back Friday on New York City Mayor Eric Adams' attempt to erase a bribery charge from his indictment, arguing that while Adams claims his acts were "routine" and allowed under a recent U.S. Supreme Court precedent, a jury could still find his alleged favor trading illegal.
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October 18, 2024
Delivery Co. Will Pay $2.7M To Settle NJ Misclassification Suit
A Maryland-based delivery company has reached a $2.75 million settlement with New Jersey regarding the misclassification of workers as independent contractors rather than employees, state officials announced Friday.
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October 18, 2024
Skiplagged Must Pay American Airlines $9.4M In IP Row
American Airlines came out on top in a suit against airfare search engine Skiplagged Inc., with a jury finding that Skiplagged must cough up $9.4 million for infringing the airline's copyright.
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October 18, 2024
Natural Gas Producer Will Pay $9.4M For Excess Air Pollution
The U.S. Environmental Protection Agency and New Mexico Environment Department have reached a $9.4 million settlement with Hilcorp Energy Co., resolving claims the company failed to reduce emissions during well completion operations, in violation of the Clean Air Act and New Mexico state law.
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October 18, 2024
Chemical Cos. Say Firefighter Didn't Fix Standing In PFAS Suit
3M Co. and two other chemical firms urged an Ohio federal judge to dismiss a firefighter's revised lawsuit over so-called forever chemicals, arguing that the allegations are plagued by the same shortcomings the Sixth Circuit flagged when it vacated class certification last year.
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October 18, 2024
FCC Eyes $147K ESPN Fine For Unlawful Emergency Alert Use
The Federal Communications Commission has proposed to fine ESPN Inc. $147,000 for violating the nation's Emergency Alert System "willfully and repeatedly" by transmitting emergency tones six times as part of a marketing segment promoting the start of the 2023-24 NBA season, according to a statement.
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October 18, 2024
FERC Extension For Pipeline Spur Warranted, DC Circ. Told
The developer of a southern spur of the Mountain Valley Pipeline and two potential customers are asking the D.C. Circuit to nix conservation groups' challenge of a construction deadline extension the Federal Energy Regulatory Commission granted for the so-called Southgate project.
Expert Analysis
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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Why DOJ's Whistleblower Program May Have Limited Impact
The U.S. Department of Justice’s new whistleblower pilot program aims to incentivize individuals to report corporate misconduct, but the program's effectiveness may be undercut by its differences from other federal agencies’ whistleblower programs and its interplay with other DOJ policies, say attorneys at Milbank.
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CFPB's Earned Wage Access Rule Marks Regulatory Shift
The Consumer Financial Protection Bureau's newly issued interpretive rule on earned wage access products, classifying them as extensions of credit, marks a significant shift in their regulatory landscape and raises some important questions regarding potential fringe cases and legal challenges, say Erin Bryan and Courina Yulisa at Dorsey & Whitney.
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How Calif. Justices' Prop 22 Ruling Affects The Gig Industry
The California Supreme Court's recent upholding of Proposition 22 clarifies that Uber, Lyft, DoorDash and other companies in the gig industry can legally classify their drivers as independent contractors, but it falls short of concluding some important regulatory battles in the state, says Mark Spring at CDF Labor.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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How Corner Post Affects Enviro Laws' Statutes Of Limitations
The U.S. Supreme Court's recent ruling in Corner Post v. Federal Reserve Board has helped to alter the fundamental underpinnings of administrative law — and its plaintiff-centric approach may have implications for some specific environmental laws' statutes of limitations, say Chris Leason and Liam Martin at Gallagher and Kennedy.
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How Gov't AI Protections May Affect Contractors' Data Rights
The U.S. Senate’s proposed National Defense Authorization Act for 2025, which includes provisions to maintain the government's data rights when contracting for artificial intelligence, should prompt contractors to examine how to protect their own rights when the current data rights framework is applied to AI, say Tyler Evans and Caitlin Conroy at Steptoe.
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Jarkesy May Thwart Consumer Agencies' Civil Penalty Power
The U.S. Supreme Court's ruling in U.S. Securities and Exchange Commission v. Jarkesy not only implicates future SEC administrative adjudications, but those of other agencies that operate similarly — and may stymie regulators' efforts to levy civil monetary penalties in a range of consumer protection enforcement actions, say attorneys at Holland & Knight.
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Considerations As State AGs Step Up Privacy Enforcement
As new state privacy laws take effect, businesses are facing an increasingly complex patchwork of compliance obligations and risk of scrutiny by attorneys general, but companies can gain a competitive edge by building consumer trust and staying ahead of regulatory trends, say Ann-Marie Luciano and Meghan Stoppel at Cozen O’Connor.
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Lessons From Recent SEC Cyber Enforcement Actions
The recent guidance by the SEC's Division of Corporation Finance is helpful to any company facing a cybersecurity threat, but just as instructive are the warnings raised by the SEC's recent enforcement actions against SolarWinds, R.R. Donnelley and Intercontinental Exchange, say attorneys at O'Melveny.
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2nd Circ. Ruling Reaffirms Short-Swing Claims Have Standing
The Second Circuit's recent ruling in Packer v. Raging Capital reversing the dismissal of a shareholder's Section 16(b) derivative suit seeking to recover short-swing profits for lack of constitutional standing settles the uncertainty of the district court's decision, which could have undercut Congress' intent in crafting Section 16(b) in the first place, say attorneys at Simpson Thacher.
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Viral Layoffs: How Cos. Can Avoid Bad Social Media Exposure
A recent trend of employees using social media to document their experiences with layoffs and disciplinary actions in the workplace should prompt employers to take additional precautions to avoid former workers' negative viral reviews when deciding how, when and what to communicate to employees, say Scott McIntyre and Chrissy Kennedy at BakerHostetler.
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Inside OCC's Retail Nondeposit Investment Products Refresh
In addition to clarifying safe and sound risk management practices generally, the Office of the Comptroller of the Currency's revised booklet on retail nondeposit investment products updates its guidance around certain sales practices in light of the U.S. Securities and Exchange Commission's adoption of Regulation Best Interest, say attorneys at Debevoise.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.