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Compliance
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February 07, 2025
Real Estate Recap: Evolving CRE Finance, Tariffs, PFAS
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including how modern commercial real estate financing has changed the way real estate lawyers practice, as well as insights from Big Law attorneys on two major topics of 2025: tariffs and polyfluoroalkyl substances, a.k.a. "forever chemicals."
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February 07, 2025
FCC Aims To Expand 'Do Not Originate' Call Coverage
The Federal Communications Commission is getting ready to vote on a rule change that would expand the number of voice providers who must comply with the agency's "do not originate" rules, which aim to staunch onslaughts of scam calls.
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February 07, 2025
Nippon-US Steel Merger Targeted By Consumers In Calif.
A group of consumers has asked a California federal court to prohibit Japan's Nippon Steel Corp. from acquiring U.S. Steel Corp. in their proposed $14.9 billion mega-merger, filing suit just days before President Donald Trump suggested that the deal was being called off.
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February 07, 2025
Feds Defend Corporate Transparency Act In 5th And 4th Circuits
The U.S. government defended the Corporate Transparency Act in the Fifth and Fourth Circuits on Friday, urging the former to reverse a Texas federal judge's nationwide injunction on the law and the latter to affirm a Virginia federal judge's rejection of a bid to block the law's enforcement.
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February 07, 2025
DOJ Tells DC Circ. Not To Delay Google Search Fix For Apple
The U.S. Department of Justice and state enforcers told the D.C. Circuit Friday that the remedies phase of the search monopolization case against Google is too important to wait while Apple appeals a ruling denying its last minute bid to intervene in the case.
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February 07, 2025
Ex-Mayor Gets Probation For Using Public Workers At His Biz
The former mayor of a New Jersey township was sentenced to three years of probation Friday after pleading guilty to using public employees to operate his private oil tank removal business and submitting fraudulent applications to other municipalities to obtain permits for the tank removals, the New Jersey attorney general and the Office of Public Integrity and Accountability announced.
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February 07, 2025
Trump's Tariff Moves Put Energy Cos. In Scramble Mode
President Donald Trump's aggressive use of tariffs in the early weeks of his administration has roiled the energy industry's long-term planning, and the fast-changing environment has companies scrambling to insulate themselves from potential financial hits.
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February 07, 2025
SPAC Market Hums Again Following Multiyear Downturn
Special purpose acquisition companies are once again asserting their presence in the capital markets and M&A landscape, forming new vehicles at the highest pace in three years — albeit in leaner form than in the last cycle, when many deals ended in busts.
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February 07, 2025
Ousted CMA Chair Says 'Misinformation' Remains A Challenge
The recently ousted chair of the U.K.'s Competition and Markets Authority reflected on what he said were great strides undoing the antitrust agency's "technocratic" character, but added it made the least progress in combating "lobbying and misinformation" intended to undermine the agency's decisions, including around the cleared Microsoft-Activision merger.
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February 07, 2025
SafeMoon CEO Says Crypto Policy Shifts Warrant Trial Delay
The crypto executive behind the alleged SafeMoon fraud is fighting to delay his trial by a month in the hopes that a new approach to cryptocurrency by the Trump administration could ax the securities fraud charge from the counts against him.
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February 07, 2025
CFPB Will Mull Axing Google Payment Oversight Order
The Consumer Financial Protection Bureau has told a Washington, D.C., federal judge that its acting director will review and could rescind the agency's recent order subjecting Google's payment arm to supervision, securing a pause of the tech giant's lawsuit against the order.
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February 07, 2025
John Deere Tractor Rivals Seek Info Safeguards In FTC Case
A trio of tractor manufacturers asked an Illinois federal judge Friday to impose stringent safeguards for sensitive business information they turned over to the Federal Trade Commission in the run-up to its right-to-repair lawsuit against their "primary competitor," John Deere.
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February 07, 2025
SolarWinds Accepts $4.4B Sale To PE Firm Turn/River Capital
SolarWinds said Friday it has agreed to be sold to Turn/River Capital for $4.4 billion, marking a notable turnaround for a company that came back from a consequential 2020 data breach to become what its CEO told Law360 is now "one of the most secure software companies."
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February 07, 2025
Ex-Broker Seeks Court Win In Bid To Dismantle FINRA
A former stockbroker who is fighting a lifetime industry ban has urged a North Carolina federal judge to grant him a win in his suit attempting to unravel the power of the Financial Industry Regulatory Authority, saying the organization is unconstitutionally structured because it deprives him of his right to a jury trial and due process, among other things.
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February 07, 2025
Virginia Senate Looks To Ban Sale Of People's Location Data
Virginia is on its way to banning the sale of data that can pinpoint a person's location, even if they consented to it, after the state's Senate voted 35-5 to tweak its privacy statute to outlaw the purchase of precise location data.
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February 07, 2025
Texas Wants 3M, Dupont 'Forever Chemical' Suit In State Court
Texas has asked a federal judge to send its litigation against 3M, DuPont and others over so-called forever chemicals back to state court, writing that the companies are misguided in their "desperate" attempt to send the case to federal court.
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February 07, 2025
CFPB's Medical Debt Rule Halted For 90 Days By Texas Judge
A Texas federal judge has issued a 90-day halt on an approaching effective day for a Consumer Financial Protection Bureau rule banning medical debt from credit reports, a day after the agency's new leadership said it needed time to consider the rule trade groups have sued to end.
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February 07, 2025
9th Circ. Backs Ex-Bank Auditor's $1.5M Retaliation Suit Win
The Ninth Circuit upheld a $1.5 million jury verdict in favor of a former bank auditor who claimed he was fired for flagging evidence of wrongdoing, finding evidence suggesting he was treated differently from other workers was enough to back up the jurors' decision.
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February 07, 2025
Del.'s Quiet Ambition To Tweak Chancery, Stem Feared DExit
Anxious over claims that stockholder-tilted decisions by Delaware's Court of Chancery will trigger more companies to follow Tesla, SpaceX, Meta and Dropbox to other states, Delaware policymakers are taking a hard look at the venerable business court's processes, hoping to slow a feared rush to DExit.
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February 07, 2025
Texas Judge Ends Fund's SEC Suit Over 'Fishing Expedition'
A North Texas judge has tossed a South Carolina private equity fund's lawsuit accusing the U.S. Securities and Exchange Commission of an unconstitutional "fishing expedition" investigation, hours after the fund accused the commission of trying to gut it through a Florida lawsuit.
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February 07, 2025
Judge Won't Block DOGE Access To Labor Dept. Data
A Washington, D.C., federal judge declined Friday to block Elon Musk's Department of Government Efficiency from accessing sensitive U.S. Department of Labor data, saying that while he "harbors concerns" about privacy risks, the suing labor unions haven't established standing.
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February 07, 2025
Off The Bench: Trump Bans Trans Athletes, NCAA Falls In Line
In this week's Off The Bench, the NCAA changes course to accommodate a presidential ban on transgender women athletes, Shohei Ohtani's former interpreter is sentenced for his gambling-driven embezzlement, and women's soccer players get restitution for abuse at the hands of their coaches and teams.
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February 07, 2025
Insurers Say Meta MDL Row Should Be In Del. State Court
Coverage litigation with Meta over underlying claims that it deliberately designed its platforms to be addictive to adolescents ought to take place in Delaware state court, units of Chubb and Hartford told a Delaware federal court, arguing the court need only examine the fact that Meta is a Delaware citizen.
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February 07, 2025
Trump Drops High Court Opposition To Transgender Care Ban
The federal government on Friday changed course in a U.S. Supreme Court case challenging a Tennessee ban on transgender care for minors, telling the court that the Trump administration's position is that the statute does not deny equal protection on the basis of sex.
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February 07, 2025
Ex-Credit Union Regulator Tapped For Acting OCC Chief
The Trump administration on Friday tapped Rodney Hood, a former top federal credit union regulator, to lead the Office of the Comptroller of the Currency on an acting basis, replacing former President Joe Biden's principal national bank regulator Michael Hsu.
Expert Analysis
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Key Trends In PFAS Regulation And Litigation For 2025
The critical policy milestones for per- and polyfluoroalkyl substances expected in 2025 will not only shape the trajectory of PFAS regulation, but also set key precedents for environmental accountability, potentially reshaping the corporate approach to these "forever chemicals" for decades to come, say attorneys at MG+M.
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Inside New Commerce Tech Restrictions: Key Risk Takeaways
While there are a few limitations on the scope of a new final rule restricting certain foreign adversary products and technologies, the Commerce Department's Bureau of Industry and Security retains sweeping authority to regulate an array of risk areas, says Peter Jeydel at Troutman.
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PE Strategies To Manage Adjacent Portfolio Firm Conflicts
A variety of tools can mitigate potential risk for a private equity director sitting on the board of directors of multiple companies, including the disclosure of potential conflicts in fundraising documents to help mitigate risk under the securities laws, says Michael Kendall at Goodwin.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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7 Employment Contracts Issues Facing DOL Scrutiny
A growing trend of U.S. Department of Labor enforcement against employment practices that limit workers' rights and avoid legal responsibility shines a light on seven unique contractual provisions that violate federal labor laws, and face agressive litigation from the labor solicitor, says Thomas Starks at Freeman Mathis.
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How Fintechs Can Respond To New CFPB Supervisory Rule
Even though a new Consumer Financial Protection Bureau rule pulling large payment apps into supervision faces an uncertain fate in the new administration, providers should still examine the rule's definitions and prepare for increased compliance costs and more consumer-friendly practices, say attorneys at DLA Piper.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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How FTC Sent A $5.6M Warning Against Jumping The Gun
The Federal Trade Commission's recent record $5.6 million "gun jumping" action against Verdun Oil, for allegedly exerting control over EP Energy before the mandatory waiting period under U.S. antitrust law expired, warns companies that they must continue to operate independently during review, say attorneys at Ballard Spahr.
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For Accounting Integrity, Start With The Rank-And-File
Macy's acknowledgment of an employee's accounting mistake underscores a valuable lesson for company leaders in fostering compliance with the Sarbanes-Oxley Act by cultivating a culture committed to strong accounting integrity and robust oversight, say Keerthika Subramanian and Jon Mantis at Winston & Strawn.
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How Deregulation Could Undermine Trump's Anti-DEI Agenda
While rolling back federal agency power benefited conservative policies during the Biden administration, it will likely undermine President Donald Trump's ability to wield agencies like the U.S. Equal Employment Opportunity Commission to dismantle diversity, equity and inclusion initiatives beyond the federal workforce and into the private sector, says Ally Coll at the Purple Method.
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A Look At Sweepstakes Casinos' Legal Issues In Fla., Beyond
Scheduled for trial in Florida federal court this fall, the VGW sweepstakes case underscores the growing urgency for gambling states to clarify and enforce their laws in response to emerging online gaming models, as the expansion of sweepstakes casinos challenges traditional interpretations of gambling regulations, say attorneys at Holland & Knight.
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3 Noteworthy Effects Of The 2025 NDAA
The 2025 defense budget includes further restrictions on semiconductor sales to Huawei, requiring companies to rethink customer-base oversight, but other provisions are likely to broaden procurement contract opportunities, say attorneys at Miles & Stockbridge.
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The Blueprint For A National Bitcoin Reserve
The new administration has the opportunity to pave the way for a U.S.-backed crypto reserve, which could conceptually function as a strategic asset akin to traditional reserves like gold markets, hedge against economic instability, and influence global crypto adoption, say attorneys at Duane Morris.
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FTC Privacy Enforcement Takeaways From 2024
In 2024, the Federal Trade Commission distinguished three prominent trends in its privacy-related enforcement actions: geolocation data protections, data minimization practices, and artificial intelligence use and marketing, say Cobun Zweifel-Keegan at IAPP and James Smith at Dechert.
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Student Loan Entities In Hot Seat After CFPB Goes To College
While the direction of student loan servicer oversight in the new presidential administration is unclear, recent Consumer Financial Protection Bureau actions still signal heightened regulatory scrutiny at both the federal and state levels of college institutional loan programs, along with their service providers, says attorney Jonathan Joshua.