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Compliance
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April 01, 2025
Fired NLRB Member Urges Full DC Circ. To Avert 'Crisis'
Fired National Labor Relations Board member Gwynne Wilcox urged the full D.C. Circuit to rethink a panel ruling staying her reinstatement, saying Tuesday that en banc review is "urgently necessary" after a majority enabled governmentwide chaos by rewriting U.S. Supreme Court precedent.
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April 01, 2025
House GOP Infighting Delays Push To Repeal 2 CFPB Rules
Plans for the U.S. House to vote on overturning two Biden-era Consumer Financial Protection Bureau rules were scuttled Tuesday by an unrelated fight among Republicans about whether to allow proxy voting for lawmakers with infant children.
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April 01, 2025
Judges Say Hurricanes May Justify FERC Pipeline Inaction
Judges on the D.C. Circuit told environmental groups challenging the construction of a liquefied natural gas pipeline and terminal in Puerto Rico Tuesday that the project was likely necessary to keep the island powered through hurricane season even without a full authorization from the Federal Energy Regulatory Commission.
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March 31, 2025
DuPont Must Face NC Residents' PFAS Claims
A North Carolina federal judge partially granted homeowners' motions for judgment on their claims that a factory operated by DuPont contaminated their land with PFAS, but said Monday that determining damages would be up to a jury.
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March 31, 2025
Lockheed Martin Can't Escape Retirees' 'De-Risking' Suit
Aerospace and defense giant Lockheed Martin can't shed former employees' allegations it mismanaged a $9 billion employee pension plan by using an allegedly risky annuity provider to handle the plan on behalf of 31,000 beneficiaries, a Maryland federal judge has determined.
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March 31, 2025
Wells Fargo Sued Over Online Wire Fraud Protections
Wells Fargo has been hit in by a proposed class action California federal court accusing the bank of leaving its online and mobile banking customers exposed to costly losses from fraudulent wire transfers.
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March 31, 2025
Texas Judge Deems Lab-Test Rule Outside FDA Authority
A Texas federal judge on Monday vacated a new U.S. Food and Drug Administration rule that would have brought lab-developed tests under its regulatory authority as "medical devices," finding that the move exceeded the agency's statutory authority and defied "common sense."
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March 31, 2025
Trump Admin Asks DC Circ. To Stay 'Lawless' CFPB Injunction
The Trump administration moved Monday to thwart a Washington, D.C., federal judge's preliminary injunction that bars it from stopping work and firing employees at the Consumer Financial Protection Bureau, asking the D.C. Circuit for an emergency stay.
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March 31, 2025
Nasdaq's Tighter IPO Rules Raise Bar For Small Companies
Nasdaq is seeking to weed out volatile stocks by tightening listing standards for small companies conducting initial public offerings or uplistings, although lawyers caution that new rules could prompt capital-hungry companies to pursue other listing strategies, including reverse mergers.
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March 31, 2025
Ex-CFTC Enforcement Chief Joins Sidley As Partner
Ian McGinley, who served as the enforcement director for the U.S. Commodity Futures Trading Commission, has joined Sidley Austin as a partner at its New York office, where he will be handling regulatory enforcement and white-collar matters with a focus on commodities and securities laws, the firm said Monday.
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March 31, 2025
US DOT Taps Quinn Emanuel To Probe FAA Diversity Hiring
The U.S. Department of Transportation said Monday that it has hired Quinn Emanuel Urquhart & Sullivan LLP to investigate claims that the Federal Aviation Administration is continuing to prioritize diversity, equity and inclusion when hiring air traffic controllers in defiance of the Trump administration's sweeping anti-DEI policy.
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March 31, 2025
Del. Legal Overhaul Won't Scuttle Key Rulings, Expert Says
A longtime expert on Delaware's general corporation law disputed on Monday predictions that a recently signed legislative overhaul will upend dozens of important precedents in the state.
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March 31, 2025
Mich. Judge Dismisses Biz's 'Pump-And-Dump' RICO Suit
A Michigan federal judge on Monday tossed what he called a confusing "power struggle" of a lawsuit from a company accusing its former leaders of conspiring to install a CEO and leading a pump-and-dump scheme, finding that the company was essentially improperly seeking review of a prior state court judgment that it lost.
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March 31, 2025
Local, State Officials Cautious On Rollback Of Enviro Rules
Several national groups representing local regulatory officials responsible for overseeing infrastructure projects told the White House they're concerned about a rule rolling back regulations for complying with environmental review requirements.
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March 31, 2025
DC Nonprofit Says EPA Climate Fund Freeze Is Unlawful
Justice Climate Fund has asked a D.C. federal judge to declare that the U.S. Environmental Protection Agency and Citibank NA broke the law by blocking its access to $940 million awarded by the agency for climate investments in low-income communities.
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March 31, 2025
Feds Seek $3M From Ex-Ill. Speaker, Who Wants New Trial
Former Illinois House Speaker Michael Madigan urged an Illinois federal judge to acquit him of bribery and wire fraud, or at least order a new trial, due to "numerous" jury instruction and evidentiary errors that confused and prejudiced the jury, on the same day prosecutors filed a motion for him to forfeit more than $3 million in the wake of his partial conviction.
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March 31, 2025
Low-Power TV Stations Seek Looser Rules For 5G Broadcast
Low-power TV broadcasters have asked the Federal Communications Commission to let them voluntarily transmit 5G broadcast signals and, in turn, ease requirements to carry programming channels.
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March 31, 2025
5th Circ. Judge Criticizes Texas AG's Use Of Document Law
A Fifth Circuit judge on Monday accused the Texas Attorney General's Office of trying to unfairly "play with litigants" under a statute that allows the office to examine business records.
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March 31, 2025
Despite 'Admirable' Effort, Vertex Kickback Challenge Fails
A D.C. federal judge dealt a loss on Monday to gene therapy drugmaker Vertex Pharmaceuticals, ruling in favor of a U.S. Department of Health and Human Services advisory opinion that found the company's fertility preservation program could potentially violate the Anti-Kickback Statute.
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March 31, 2025
SEC Closed Inquiry Into Hawk Meme Coin, Promoter Says
The U.S. Securities and Exchange Commission has closed an investigation into the celebrity promoter of the viral "Hawk Tuah" meme coin Haliey Welch, Welch's attorney told Law360 on Monday.
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March 31, 2025
Kalshi Sues Nevada, New Jersey Gaming Regulators
KalshiEx LLC has sued Nevada and New Jersey agencies for attempting to preempt federal regulations with their demands that the trading platform remove event contracts that allow users to trade on the outcomes of sporting events.
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March 31, 2025
Justices Ask US To Respond To IRS Crypto Doc Seizure Case
The U.S. Supreme Court asked the federal government Monday to weigh in on a cryptocurrency investor's challenge to the IRS' seizure of his account records, a request that followed a spate of support for the investor, including by attorneys general and Elon Musk's X Corp.
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March 31, 2025
Feds' Race Bias Suit Should Target Appraiser, Rocket Says
Rocket Mortgage LLC has urged a Colorado federal court to dismiss the federal government's race discrimination suit against the mortgage lender, an appraisal management company and an appraiser, arguing it is not responsible for what the appraiser purportedly did.
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March 31, 2025
Regulators Seek Pause On 5th Circ. Fight Over CRA Rules
Federal regulators have asked the Fifth Circuit to halt further proceedings in a banking industry challenge to their Biden-era Community Reinvestment Act rules, citing their recently announced plans to go back to the drawing board with them.
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March 31, 2025
Ex-SEC Chair's Enforcement Counsel Joins Kostelanetz
The former enforcement officer to the recently departed U.S. Securities and Exchange Commission Chair Gary Gensler has joined Kostelanetz LLP in New York as partner, the firm announced Monday.
Expert Analysis
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What Compensation Committees Must Keep In Mind In 2025
New disclosure obligations, an evolving discussion on the analysis of executive perks and updated proxy adviser policies — on top of a new presidential administration — are all important things compensation committees must pay close attention to in 2025, say attorneys at Simpson Thacher.
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Likely Doomed CFPB Contract Rule Still Has Industry Pointers
While the Consumer Financial Protection Bureau's January proposal on consumer financial contract provisions is unlikely to be finalized under the new administration, its provisions are important for industry to recognize, particularly if state attorneys general decide to take up the enforcement mantle, say attorneys at Saul Ewing.
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Preparing For A Possible End To The Subminimum Wage
The U.S. Department of Labor's proposed rule to end the subminimum wage for employees with disabilities may significantly affect the community-based rehabilitation and training programs that employ these workers, so certified programs should be especially vigilant about compliance during this period of evaluation and scrutiny, say attorneys at Jackson Lewis.
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Losing A Motion To Dismiss Ruling Isn't Necessarily The End
A recent Delaware Court of Chancery ruling, that the Manti Group had not demonstrated any conflicts of interest favoring private equity fund operator The Carlyle Group, serves as an important reminder that a decision on a pleading motion is not the end of the story, say attorneys at Sidley.
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Anticipating Direction Of Cosmetics Regulation Under Trump
It is unclear how cosmetics regulation reform from the last few years will fare under President Donald Trump, but the new administration's emphasis on deregulation and Robert F. Kennedy Jr.'s views on product safety provide some insight, say attorneys at Crowell & Moring.
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Best Practices To Optimize Cybersecurity Insurance
As cyberthreats continue to evolve, the risks associated with third-party vendor breaches are an increasing concern, so businesses must not only reevaluate their internal cybersecurity insurance, but also take proactive steps to evaluate and manage the risks posed by their third-party relationships, say attorneys at Reed Smith.
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How Cos. Can Prepare Now For SEC E-Filing System Changes
The U.S. Securities and Exchange Commission's amendments to the Electronic Data Gathering, Analysis and Retrieval system are designed to improve access to and management of EDGAR accounts, and with the March 24 effective date fast approaching, and the transition requiring significant coordination, companies should begin planning now, say attorneys at Debevoise.
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The Tides Are Changing For Fair Access Banking Laws
The landscape of fair access banking laws, which seek to prevent banks from denying services based on individuals' ideological beliefs, has shifted in the last few years, but a new presidential administration provides renewed momentum for advancing such legislation against the backdrop of state efforts, say attorneys at Latham.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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A Halftime Analysis Of DOJ's Compensation Pilot Program
The U.S. Department of Justice appears to consider the first half of its three-year pilot program on compensation incentives and clawbacks to be proceeding successfully, so companies should expect prosecutors to emphasize the program and other compliance-related considerations early in investigations, say attorneys at Debevoise.
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What To Expect From Trump's Deputy Labor Secretary Pick
President Donald Trump's nominee for deputy secretary of the U.S. Department of Labor, Keith Sonderling, has a track record of prioritizing clear guidance on both traditional and cutting-edge issues, which can provide insight into what employers can expect from his leadership, say attorneys at Littler.
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Top 10 Healthcare And Life Sciences Issues To Watch In 2025
Under the new Trump administration, this coming year may benefit some healthcare and life sciences stakeholders, while creating new challenges for others amid an increasingly complex regulatory environment, say attorneys at Debevoise.
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A Look At Order Ending Federal Contractor Affirmative Action
To comply with President Donald Trump's executive order revoking affirmative action requirements in the next 90 days, federal contractors should focus on identification of protected groups, responsibilities of "diversity officer" positions and annual compliance reviews, says Jeremy Burkhart at Holland & Knight.
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Why Trump's FTC May Not U-Turn On Robinson-Patman
The Federal Trade Commission's recent revival of Robinson-Patman Act enforcement may well be here to stay under the Trump administration — albeit with some important caveats for businesses caught in the government's crosshairs, say attorneys at Reed Smith.
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4 Keys To Litigating In An Active Regulatory Environment
For companies facing litigation influenced by government regulatory action — a recent trend that a politically charged atmosphere will exacerbate — there are a few principles that can help to align litigation strategy with broader public positioning in the regulatory and oversight context, say attorneys at Jenner & Block.