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Compliance
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December 12, 2024
Cantor Fitzgerald To Pay SEC $6.75M Over SPAC Disclosures
Cantor Fitzgerald on Thursday agreed to pay a $6.75 million penalty to the U.S. Securities and Exchange Commission to resolve claims that it caused two special purpose acquisition companies that it controls to make misleading statements to investors ahead of the SPACs' initial public offerings.
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December 12, 2024
SEC Fines Investment Co. For Adviser's Cherry-Picking Scheme
The U.S. Securities and Exchange Commission announced Thursday that it fined SeaCrest Wealth Management $375,000 for allegedly failing to implement policies and procedures that would have possibly prevented the cherry-picking scheme of a former adviser, who is separately being sued by the agency.
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December 12, 2024
Electric Co-Ops Oppose Proposed FCC Customer Service Regs
The National Rural Electric Cooperative Association is adding its name to the list of those who think the Federal Communications Commission's plan to impose new rules surrounding customer service is a bad idea.
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December 12, 2024
Sierra Club-EPA Row Has 6th Circ. Debating Smog Data
A Sixth Circuit judge questioned Thursday whether a Sierra Club challenge over Detroit's air quality was "a debate over the science" as opposed to the law, as the group fights federal regulators' determination that air pollution in the area is under control.
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December 12, 2024
SEC Will Be GOP-Only Without Crenshaw's Vote, Groups Warn
More than 40 organizations sent a collective letter to U.S. senators in support of Democrat Caroline Crenshaw's reconfirmation to the U.S. Securities and Exchange Commission on Thursday, a day after Senate Republicans blocked a closed-door vote on her nomination.
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December 12, 2024
Koch Foods Demands $178K For 'Burdensome' Subpoena
Koch Foods has become the latest nonparty to an antitrust fight between Tyson Foods and a poultry rendering company to try to recover a six-figure legal bill from the latter company, after Koch said it was forced to comply with a "broad and ambiguous subpoena" for its communications with Tyson.
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December 12, 2024
Texas AG Targets Instagram, Reddit Over Youth Data Security
Texas Attorney General Ken Paxton announced Thursday that his office is looking into minors' privacy and safety policies of more than a dozen tech companies, including Character.AI, Reddit and Instagram, as part of his long-running campaign to stop companies from selling minors' personal information without permission from their parents.
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December 12, 2024
Wash. Judge Weighs Stay Of Gas Reg Suit Amid New Cases
A Seattle federal judge hinted on Thursday she might pause a building industry coalition's lawsuit challenging Washington regulations discouraging the use of natural gas appliances in new construction, pointing to fresh litigation in state court that could force regulators to revise the rules in the wake of an initiative voters passed in November.
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December 12, 2024
NY Judge Bars Pot Regulator From Processing Retail Apps
A New York state judge Thursday ordered cannabis regulators to stop processing applications submitted by would-be marijuana sellers who did not secure a location for their proposed pot shop before November of last year, leaving hundreds of prospective retailers in limbo.
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December 12, 2024
TD Bank Sued Over AML Controls After Ex-Employee's Arrest
Toronto-Dominion Bank and its top brass concealed and downplayed issues with the bank's anti-money laundering controls, according to a class action filed one day after a former employee was arrested and charged with assisting in a money laundering scheme that sent millions of dollars in narcotics proceeds from the U.S. to Colombia.
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December 12, 2024
FDIC Must Reconsider Redactions Of Crypto 'Pause' Letters
A Washington, D.C., federal judge told the Federal Deposit Insurance Corporation on Thursday to "make more thoughtful redactions" of certain crypto-focused letters it handed over in response to a Freedom of Information Act lawsuit filed on behalf of crypto exchange Coinbase, since the regulator's heavy-handed first pass seemed to lack a "good-faith effort."
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December 12, 2024
6th Circ. Appears Divided On Telecom Breach Reporting Rule
A Sixth Circuit panel seemed split over the Federal Communications Commission's tightened telecommunications data breach rules, with one judge defending the commission as taking necessary steps to safeguard consumers from a "true" danger and another claiming that the rule seemed to run afoul of lawmakers' wishes.
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December 12, 2024
AGs Launch Gun Violence Crackdown With Glock Suits
New Jersey and Minnesota unveiled lawsuits Thursday against Glock Inc. aimed at ending "once and for all" the homemade machine gun industry, marking the start of a crackdown by a coalition of enforcers looking to hold the firearms industry liable for gun violence.
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December 12, 2024
Rumble Gets Green Light To Join Google Ad Tech MDL
The Judicial Panel on Multidistrict Litigation rejected Google's bid to prevent video-sharing site Rumble from having its antitrust claims over key digital advertising technology included in the consolidated litigation pending against the tech giant in New York.
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December 12, 2024
NY Courts Defy Watchdog, Won't Release Judicial Ethics Data
Counsel for the New York State Unified Court System told the state transparency watchdog Wednesday it has no obligation to release judges' and court officials' financial disclosure data under public records law.
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December 12, 2024
Treasury Seeks To Pause Anti-Laundering Law Injunction
The U.S. Treasury Department asked a Texas federal judge to pause his nationwide preliminary injunction of the Corporate Transparency Act pending an appeal of his recent decision that found Congress likely overstepped its constitutional authority when it wrote the anti-money-laundering law.
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December 12, 2024
NTIA's Davidson Stepping Down Jan. 20
The head of the U.S. Department of Commerce branch in charge of managing federal use of the airwaves as well as a sprawling broadband deployment program confirmed Thursday he will leave the role in January when the Biden administration ends.
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December 12, 2024
FTC Dusts Off Price Bias Law In Booze Distributor Suit
The Federal Trade Commission sued Southern Glazer's Wine and Spirits LLC in California federal court on Thursday, dusting off a long-dormant price discrimination law with allegations that the country's largest alcohol distributor offered dramatic and unjustified discounts to large retailers that left smaller stores in the lurch.
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December 12, 2024
Banks Sue As CFPB Rolls Out $5 Overdraft Fee Rule
The Consumer Financial Protection Bureau said Thursday that it has adopted a general $5 fee cap for overdraft programs at larger banks and credit unions, finalizing it as part of a new rule that banking industry groups have rapidly mobilized to block with a lawsuit.
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December 11, 2024
5th Circ. Tosses SEC's OK Of Nasdaq's Board Diversity Rule
A split Fifth Circuit ruled Wednesday that Nasdaq cannot implement U.S. Securities and Exchange Commission-approved rules requiring that companies listed on the exchange disclose board diversity data, finding that the stock exchange's rules run afoul of federal securities law.
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December 11, 2024
Feds Fire Back At TikTok's Bid To Halt Sale-Or-Ban Law
The federal government Wednesday urged the D.C. Circuit to reject TikTok's bid to pause legislation poised to bar the app from the U.S. market next month while it takes its First Amendment fight to the Supreme Court, arguing TikTok is "downplaying" national security concerns that prompted the law.
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December 11, 2024
FTC, DOJ Pull Antitrust Competitor Collaboration Guidelines
The Federal Trade Commission and the U.S. Department of Justice announced Wednesday that they are withdrawing Clinton-era antitrust guidelines for collaborations among competitors, saying they "no longer provide reliable guidance" about how collaborations are assessed.
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December 11, 2024
MDL Judge Rejects Meta's Claim Discovery Is Burdensome
A California federal magistrate judge overseeing discovery in multidistrict litigation over social-media platforms' allegedly addictive designs on Wednesday rejected Meta Platforms' arguments additional discovery sought by personal-injury plaintiffs is overly burdensome, noting that Meta's discovery production pales in comparison to the millions of documents that Meta has demanded from plaintiff states.
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December 11, 2024
Big Tech, 'Censorship' Animate Trump FTC Picks
President-elect Donald Trump's picks Tuesday to lead and join the Federal Trade Commission show he plans to continue Washington's focus on antitrust enforcement against major technology platforms, while also signaling a potential shift toward more populist Republican concerns alleging that Big Tech censors conservative voices.
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December 11, 2024
Grocery Store Rulings Back Enforcers' Merger Approach
Federal and state enforcers scored key victories Tuesday with a pair of court rulings blocking the planned $24.6 billion merger between Kroger and Albertsons that largely adopted their allegations about the deal and rejected a proposal to unload nearly 600 stores to save it.
Expert Analysis
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5 Notable Anti-Money Laundering Actions From 2024
Regulators' renewed interest in anti-money laundering programs in 2024 led to numerous enforcement actions and individual prosecutions in industries like banking, cryptocurrency and gaming, including the blockbuster TD Bank settlement and investigations of casinos in Nevada, says Michael Beckwith at Dickinson Wright.
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Alpine Ruling Previews Challenges To FINRA Authority
While the D.C. Circuit's holding that the Financial Industry Regulatory Authority can't expel member firm Alpine prior to U.S. Securities and Exchange Commission review was relatively narrow, it foreshadows possibly broader constitutional challenges to FINRA's enforcement and other nongovernmental disciplinary programs, say attorneys at Stradley Ronon.
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Wage Whiplash: Surviving A Compliance Roller Coaster
As the transition to the Trump administration causes mounting uncertainty about federal wage and hour policies, employers can transform compliance challenges into opportunities for resilience and growth by taking key steps to comply with stricter state and local requirements, says Lee Jacobs at Barclay Damon.
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.
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Strategies For Home Equity Investment Providers In 2025
The home equity investment product market is thriving even amid consumer concerns, regulatory scrutiny and conflicting court decisions, setting the stage for a promising but challenging environment for providers in 2025, say attorneys at Sheppard Mullin.
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Marketing Messages Matter In State AG Consumer Protection
Attorneys general interpret marketing claims far more broadly than many companies may realize, so to mitigate potential risk, businesses should be vigilant about all consumer messaging, including communications that may not traditionally be considered advertising in the colloquial sense, say attorneys at Cozen O'Connor.
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How White Collar Defense Attys Can Use Summary Witnesses
Few criminal defense attorneys have successfully utilized summary witnesses in the past, but several recent success stories show that it can be a worthwhile trial tactic to help juries understand the complex decision-making at issue, says Jonathan Porter at Husch Blackwell.
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Cos. Must Brace For New PFAS Regulations And Litigation
The U.S. Environmental Protection Agency recently proposed adding over 100 per- and polyfluoroalkyl substances to the Toxic Release Inventory — and with increasing scrutiny of PFAS from the states and the plaintiffs bar as well, companies should take steps to reduce risks in this area, say attorneys at Dechert.
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Tips For Employers Facing Looming Immigration Changes
As Trump's second term heralds a challenging period for immigration policy, employers should look to lessons from his first administration as they implement strategies for their global talent programs and communications protocols, says Eileen Lohmann at BAL.
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Opinion
6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.
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How Landlords Can Navigate Cannabis-Related Leases
As the cannabis industry continues to rapidly grow, landlords should consider a variety of lease terms and operational details that may help mitigate uncertainty involving federal laws, zoning restrictions and tax implications, says Kyla Baker at Holland & Knight.
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Using Data To Inform Corporate Disclosure Decisions
With today’s market volatility and regulatory factors requiring public companies to confront competing transparency and protection demands, incorporating stock price reaction analysis of company-specific news into the controller's role could be beneficial for disclosure determinations, say Liz Dunshee at Fredrikson & Byron and Nessim Mezrahi at SAR.
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How White Collar Attys Can Use Mythic Archetypes At Trial
A careful reading of a classic screenwriting guide shows that fairy tales and white collar trials actually have a lot in common, and defense attorneys would do well to tell a hero’s journey at trial, relying on universal character archetypes to connect with the jury, says Jack Sharman at Lightfoot Franklin.
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How CFPB Rule Would Affect Data Brokers And Beyond
The Consumer Financial Protection Bureau recently proposed a rule that would not only expand data broker oversight by classifying many as consumer reporting agencies, but would also impose new limitations on companies seeking to obtain information from them, potentially requiring such entities to alter their business models, say attorneys at Orrick.
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Firms Still Have The Edge In Lateral Hiring, But Buyer Beware
Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.