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Compliance
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October 30, 2024
Crypto Platform Founder Pleads Guilty To Illegal Wash Trading
The founder of cryptocurrency market-making platform MyTrade pled guilty in Massachusetts federal court Wednesday to orchestrating millions of dollars worth of daily wash trades to illegally inflate the prices of digital tokens.
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October 30, 2024
Maryland Says Electricity Greenwashing Law Is Constitutional
Renewable energy company Green Mountain Energy Co. and a national advocacy organization cannot block a Maryland law aimed at cracking down on electricity suppliers' "greenwashing" claims, Maryland Attorney General Anthony G. Brown argued in federal court.
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October 30, 2024
Animal Med Distributor To Pay $1.1M For Lax Opioid Oversight
Veterinary supplier Covetrus North America will pay $1.125 million to settle allegations that it ignored warning flags on 35 suspicious orders of opioids from a Cape Cod veterinarian's practice and shipped the drugs anyway, the Massachusetts U.S. Attorney's Office announced Wednesday.
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October 30, 2024
FTX Witness Who Saw Bankman-Fried's 'Evil' Avoids Prison
A Manhattan federal judge allowed FTX's former chief engineer to avoid prison Wednesday, crediting his trial testimony against the crypto exchange's founder Sam Bankman-Fried, his ongoing cooperation and his relatively small role in the $11.2 billion fraud.
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October 30, 2024
Cleveland-Cliffs Gets Final Approval For $2.5B Stelco Deal
Ohio steelmaker Cleveland-Cliffs Inc. said Wednesday it has received the Canadian regulatory approvals needed to complete its planned $2.5 billion acquisition of Canada's Stelco Holdings Inc., slating the deal close for Friday.
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October 29, 2024
'In-And-Out' Trades Don't Doom Lead Plaintiff Bid, Judge Says
A Manhattan federal judge appointed a Pomerantz LLP client as lead plaintiff in a shareholder suit against Nano Nuclear Energy Inc., rejecting arguments that the investor's handful of so-called in-and-out trades in the company's stock should preclude her from representing the proposed class in securities fraud allegations against the company.
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October 29, 2024
NY Health Provider To Boost Data Security To End AG's Probe
An Albany-based healthcare provider has agreed to pay $2.75 million in penalties and data security enhancements to resolve the New York attorney general's claims it failed to protect private medical data that was exposed in a pair of 2023 cyberattacks, the regulator said Tuesday.
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October 29, 2024
DOJ Will Restrict Data Swapping With 'Countries Of Concern'
The U.S. Department of Justice has proposed new rules that will make it the regulator of any type of transaction that would put certain kinds of sensitive privacy data in the hands of any "covered persons" or "country of concern."
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October 29, 2024
Wells Fargo Fights To Ax Suit Over Identify Fraud Accounts
Wells Fargo urged a California federal judge Tuesday to toss a proposed class action accusing the bank of violating the Fair Credit Report Act by accessing consumers' credit reports after fraudsters applied to open accounts with stolen information, saying Wells Fargo followed industry standards and the alleged damages are "conclusory."
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October 29, 2024
BofA Faces Scrutiny Of AML Program, Zelle Payment Handling
Bank of America Corp. disclosed Tuesday that its anti-money laundering program is a focus of ongoing "discussions" with federal regulators and said it is mulling litigation with the Consumer Financial Protection Bureau over a potential enforcement action related to digital payment network Zelle.
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October 29, 2024
Bell Owes $16M In Trade Secrets Row With Vendor, Jury Finds
A Texas jury on Tuesday largely found in favor of Bell Helicopter Textron Inc. in a suit claiming that it used a former vendor's trade secrets to prep a replacement supplier, concluding that Bell breached its contract with the vendor but that the Fort Worth, Texas-based aerospace manufacturer hadn't stolen intellectual property.
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October 29, 2024
Pot Co. Neighbor Says He's Not Responsible for Transient Fire
A property owner is looking to dismiss a cannabis company's lawsuit accusing him of allowing a transient person to spark a fire that destroyed $3.8 million of cannabis, saying landlords don't have to protect their neighbors from third parties.
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October 29, 2024
NFT Platform OpenSea Taps Consensys Atty To Be Deputy GC
Blockchain software developer Consensys' head of litigation has departed the firm amid its fight with the U.S. Securities and Exchange Commission to step into a deputy general counsel role at OpenSea, another crypto firm facing scrutiny from the securities regulator.
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October 29, 2024
Retired Fed. Circ. Judge Backs Invisalign In Monopoly Cases
Retired Federal Circuit Judge Paul R. Michel warned the Ninth Circuit on Tuesday that reversing a lower court's decision to toss a pair of class actions accusing Invisalign of monopolizing the clear braces and teeth scanners market by illegally refusing to deal with a rival would increase patent owners' legal uncertainties.
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October 29, 2024
Lovesac To Pay SEC $1.5M Fine In Accounting Fraud Case
Beanbag chair maker Lovesac has agreed to pay $1.5 million to the U.S. Securities and Exchange Commission to settle allegations that some of the company's former executives conspired to cover up an accounting debacle over how it recorded what's known as last-mile shipping costs.
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October 29, 2024
ByteDance's Sanctions Bid Against Ex-Worker Delays Trial
A California federal judge delayed a trial in a wrongful termination lawsuit filed by an engineer formerly at TikTok's parent company ByteDance, directing the parties on Tuesday to instead submit briefing on the defendants' motion to terminate the case as a sanction for the plaintiff's alleged destruction of evidence and perjury.
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October 29, 2024
Rumble Pushes To Join Google Ad Tech MDL
Video-sharing site Rumble has told the U.S. Judicial Panel on Multidistrict Litigation that its case accusing Google of monopolizing key digital advertising technology should be included in the consolidated litigation pending against the tech giant in New York.
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October 29, 2024
6th Circ. Judge Doubts Airport Funding Made It Federal Agent
A Sixth Circuit judge on Tuesday said he saw "problems" with a Michigan airport's argument that federal grants had enough requirements to make the airport effectively a federal officer, suggesting it cannot litigate a suit over its PFAS-containing firefighting foam in federal court.
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October 29, 2024
Merger Guides In Fashion As Court Pauses Handbag Deal
The Federal Trade Commission scored a major win last week with a court order pausing the planned $8.5 billion merger between the owners of Coach and Michael Kors, but the ruling stopped short of fully embracing enforcers' recent attempts to influence merger law.
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October 29, 2024
US Finalizes Investment Ban On Chinese Emerging Tech
The Biden administration finalized plans to ban U.S. investors from funding emerging Chinese technology, saying the restrictions are necessary to prevent Beijing from advancing technologies critical to its military modernization campaign.
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October 29, 2024
Epic Urges 9th Circ. Not To Pause Google Play Store Fixes
Epic Games Inc. has fired back against Google's request the Ninth Circuit issue an emergency stay pausing a lower court's antitrust injunction that would require Google to open up its Play Store to competing app stores, slamming Google's arguments as "scattershot," misleading and legally unfounded.
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October 29, 2024
NJ Researcher Wants DNA Test On Lindbergh Baby Evidence
A New Jersey woman pleaded with a state appellate panel on Tuesday to allow her to test evidence in the 1932 kidnapping and murder of the toddler son of aviator Charles Lindbergh, contending that new technology can determine whether anyone besides the man put to death for the crime was involved.
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October 29, 2024
Ex-ComEd GC Calls Madigan's Interest In Law Firm 'Strange'
A Jenner & Block LLP attorney and former Commonwealth Edison general counsel testified Tuesday that he found it "strange" to read ex-Illinois House Speaker Michael Madigan was interested in the granular details of the utility's negotiations with Chicago law firm Reyes Kurson. Madigan's counsel, however, appeared to suggest a confidant and co-defendant had name-dropped the speaker in 2016 without actually talking to him.
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October 29, 2024
Crypto Co. Consensys CEO Slams SEC In Announcing Layoffs
Blockchain software firm Consensys on Tuesday announced a round of layoffs affecting 20% of its staff that it says was driven in part by a costly legal battle with the U.S. Securities and Exchange Commission, but a spokesperson confirmed to Law360 that the firm's legal department wasn't part of the reduction.
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October 29, 2024
Republic First Bank Discriminated Before It Failed, NJ Says
New Jersey authorities said Tuesday that they have concluded that the former Republic First Bank redlined local communities of color in the state in the years before it failed, findings they have taken up with the bank's receiver, the Federal Deposit Insurance Corp.
Expert Analysis
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Aviation Watch: Boeing Plea Agreement May Not Serve Public
The proposed plea agreement between the U.S. Department of Justice and Boeing — the latest outgrowth of the company's 737 Max travails — is opposed by crash victims' families, faces an uncertain fate in court, and may ultimately serve no beneficial purpose, even if approved, says Alan Hoffman, a retired attorney and aviation expert.
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Managing Sanctions Defense Across Multiple Jurisdictions
Companies called before multiple regulators to account for the same conduct in this era of increased global sanctions and import-control enforcement should consider national differences in law and policy, and proactively coordinate their responses in certain key areas, say attorneys at Baker McKenzie.
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Takeaways From TOTSA Settlement And Critical CFTC Dissent
The U.S. Commodity Futures Trading Commission's recent settlement with TOTSA highlights the agency's commitment to enforcing market integrity and deterring manipulative practices, while Commissioner Caroline Pham's dissent to the settlement spotlights the need for transparency and consistency in enforcement actions, say attorneys at Davis Wright.
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Building US-Japan Relationships In The M&A Market
The prospect of U.S.-Japanese mergers and acquisitions presents stronger competition to U.S. investors in the global M&A markets, while also opening up an additional exit route for sellers looking to offload strategic assets, says Nick Wall at A&O Shearman.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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Payward And The Secondary Crypto Transaction Confusion
Following orders in cases against Coinbase and Binance, the recent California federal court ruling in U.S. Securities and Exchange Commission v. Payward raises even more questions about regulation of secondary transactions involving crypto-assets, as it tries to sidestep fundamental flaws in the SEC's legal theories, say attorneys at Cahill Gordon.
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4 Ways To Prepare For DOD Cyber Certification Rule
Given the U.S. Department of Justice's increased scrutiny of contractor compliance with cybersecurity requirements, it is critical that contractors take certain steps now in response to the U.S. Department of Defense's proposed Cybersecurity Maturity Model Certification implementation rule, say Townsend Bourne and Lillia Damalouji at Sheppard Mullin.
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FTC Focus: How Scrutiny Of PBMs And Insulin May Play Out
Should Express Scripts' recent judicial challenge to the Federal Trade Commission succeed, any new targets could add litigation and choice of forum to their playbooks, and potential FTC court action on insulin could be forced to parallel venues as the issues between the commission and PBMs evolve, say attorneys at Proskauer.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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Takeaways From Texas AG's Novel AI Health Settlement
The Texas attorney general's recent action against a health tech company marks another step in rapidly proliferating enforcement against artificial intelligence and privacy issues across multiple states, and highlights important risk mitigation considerations for health companies that implement AI systems, say attorneys at Troutman Pepper.
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A Look At How De Minimis Import Rules May Soon Change
The planned implementation of executive actions focused on the de minimis rule as it applies to shipments means companies should use this interval to evaluate the potential applicability and impact of Section 301, Section 201 or Section 232 duties on their products, say attorneys at Holland & Knight.
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Antitrust Issues To Watch Amid Google Ad Tech Trial
Regardless of the outcome of the U.S. Department of Justice's advertising technology antitrust suit against Google in Virginia federal court, matters ranging from market definition to unified pricing will likely have far-reaching implications for the digital advertising industry, competition and innovation, say attorneys at Holland & Knight.
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Key Takeaways From DOJ's New Corp. Compliance Guidance
The U.S. Department of Justice’s updated guidance to federal prosecutors on evaluating corporate compliance programs addresses how entities manage new technology-related risks and expands on preexisting policies, providing key insights for companies about increasing regulatory expectations, say attorneys at Debevoise.
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What's In The Cards For CFTC's Election Betting Case
A D.C. federal judge's Sept. 12 ruling, allowing KalshiEx to offer derivative contracts trading on the outcome of the U.S. congressional elections over objections from the U.S. Commodity Futures Trading Commission, could mark a watershed moment in the permissibility of election betting if upheld on appeal, say attorneys at BakerHostetler.
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What To Know About Latest Calif. Auto-Renewal Law Update
While businesses have about nine months to prepare before the recently passed amendment to California's automatic renewal law takes effect, it’s not too early to begin working on compliance efforts, including sign-up flow reviews, record retention updates and marketing language revisions, say Gonzalo Mon and Beth Chun at Kelley Drye.