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Compliance
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February 19, 2025
FERC Watchers Seek Clarity As Trump Curbs Agency Powers
Energy industry representatives hope to get some clarity from Federal Energy Regulatory Commission members at the agency's monthly open meeting on Thursday, as uncertainty over the commission's future swells in the wake of President Donald Trump's moves to curb independent agencies' powers.
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February 19, 2025
Energy Credit Market Still Robust Amid Uncertainty, Attys Say
Companies continue to buy and sell valuable tax credits earned from large-scale clean energy tax development projects despite President Donald Trump's active efforts to undermine renewable energy and cut the federal workforce administering the incentives, practitioners said Wednesday.
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February 19, 2025
FTC 'Independence' When Dissent Can 'Get You Fired'
The independence of agencies meant to run separately from the executive branch is on the chopping block and observers say that while the Federal Trade Commission already aligns itself with the White House to a large degree, unrestricted presidential power over commissioners could reshape the FTC in important ways.
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February 19, 2025
Robinhood Says It Faces New Scrutiny From States, FDIC
Online brokerage Robinhood is facing investigations from Massachusetts' state securities regulator and the Federal Deposit Insurance Corp. alongside an ongoing probe from the New York attorney general, the firm disclosed in its latest filing with the U.S. Securities and Exchange Commission.
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February 19, 2025
Groups Say Trump Can't Reopen Areas To Offshore Drilling
President Donald Trump may have promised to "drill, baby, drill," but should know he can't undo a prior administration's decision to withdraw vast swaths of outer continental shelf from oil and gas leasing, conservation groups told an Alaska federal judge.
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February 19, 2025
Cybersecurity Official Rejoins DOD After Contentious Exit
Former U.S. Department of Defense official Katie Arrington, a key figure in establishing its Cybersecurity Maturity Model Certification program who previously left the Pentagon after a contentious suspension, announced she has rejoined the DOD as chief information security officer.
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February 19, 2025
NY Vows To Fight Trump's Bid To Kill Congestion Pricing
New York officials vowed to continue implementing congestion pricing after the Trump administration moved to kill the program Wednesday, teeing up an intense legal battle by swiftly launching a counterattack in federal court to preserve the tolls on all vehicles entering Manhattan's busiest corridor.
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February 19, 2025
Senators Aim To Update Permitting, But Roadblocks Loom
A bipartisan group of U.S. senators on Wednesday appeared united in a desire to address infrastructure project permitting delays and costs, but a top Democrat insisted that legislation can only come after the Trump administration has unfrozen federal funds.
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February 19, 2025
Judge Won't Halt PBM Case Over Attack On FTC Independence
A Missouri federal judge refused to temporarily block the Federal Trade Commission's in-house case accusing pharmacy benefits managers of artificially inflating insulin prices through unfair rebate schemes, rejecting the PBMs' claims that the Trump administration's attempt to eliminate safeguards protecting FTC members from at-will presidential removal favors their attempt to stop the case.
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February 19, 2025
Silver Point Knocks SEC Suit Over Attorney Info Access Rules
Investment adviser Silver Point Capital LP said it did not need to write special rules banning a now-deceased former BigLaw bankruptcy attorney from sharing information between its business units, accusing the U.S. Securities and Exchange Commission of filing a "farfetched theory of noncompliance" in a Connecticut enforcement action.
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February 19, 2025
Insurers Must Cover Soybean Loss, NY Appeals Court Affirms
A commodities trading company is entitled to coverage for the loss of over 500,000 bushels of soybeans resulting from a Mississippi-based warehouse's entrance into bankruptcy, a New York state appeals court affirmed.
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February 19, 2025
Crypto Group Urges Rollback Of IRS Broker Rule
A coalition of members of the cryptocurrency trade group Blockchain Association urged congressional leaders Wednesday to repeal a final U.S. Treasury Department rule implementing additional reporting requirements for decentralized finance brokers.
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February 19, 2025
Pa. Justices Say Sales Tax Isn't Commerce Under State Law
Collecting sales tax is not part of a commercial transaction even if it occurs at the same time as that transaction, according to a Wednesday ruling from the Pennsylvania Supreme Court in a suit accusing American Eagle and other retailers of charging wrongful taxes on face masks.
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February 19, 2025
Democrats Say DOGE Took 'Trove' Of Musk Rivals' CFPB Data
U.S. Sens. Elizabeth Warren, D-Mass., and Adam Schiff, D-Calif. demanded Wednesday that Elon Musk remove Department of Government Efficiency staffers from the Consumer Financial Protection Bureau, saying Musk's potential conflicts of interest undermine the agency's goals while giving Musk access to a "trove" of confidential corporate data and an unfair advantage against rivals.
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February 19, 2025
Syngenta, Corteva Can't Duck Ark. AG Antitrust Claims
An Arkansas federal judge refused Wednesday to toss the Arkansas attorney general's antitrust lawsuit accusing pesticide makers Syngenta and Corteva of using anti-competitive rebates that amount to exclusive agreements to suppress generics competition, rejecting the companies' jurisdictional challenges and finding that the antitrust claims are sufficiently pled to proceed.
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February 19, 2025
FinCEN Sets March Deadline For Corporate Transparency Act
The U.S. Treasury Department's Financial Crimes Enforcement Network set a new deadline of March 21 for an estimated 32 million small entities to file beneficial ownership reports relating to the Corporate Transparency Act after a Texas federal judge lifted a block on the law's enforcement.
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February 19, 2025
Adams, DOJ Quizzed On Dismissal Bid By Wary Judge
A Manhattan federal judge on Wednesday scrutinized the U.S. Department of Justice's motion to dismiss corruption charges against New York City Mayor Eric Adams, rankling attorneys on both sides as he declined to "shoot from the hip" and immediately rule.
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February 19, 2025
Suit Targets USFS Approval For Stibnite Gold Project
Conservation groups asked an Idaho federal judge Tuesday to block a U.S. Forest Service approval for the Stibnite Gold Project on the Boise and Payette national forests, alleging that the agency failed to consider the project's impacts and ways to minimize harms.
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February 19, 2025
Fired Watchdogs 'Must Be Reinstated,' Senate Democrats Say
Senate Minority Leader Chuck Schumer, D-N.Y., and 28 other Senate Democrats have filed an amicus brief to support a lawsuit by eight of the inspectors general fired by President Donald Trump.
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February 19, 2025
DOL Nom Seeks Distance From PRO Act Support At Hearing
President Donald Trump's nominee for U.S. Department of Labor secretary said during a Senate confirmation hearing Wednesday that although she previously backed pro-organizing legislation as a member of the U.S. House, she is "no longer" a lawmaker and would follow Trump's agenda.
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February 19, 2025
Ill. Dept. OKs Quantum Computing Building Tax Credit Regs
Illinois individual and corporate taxpayers may claim income tax credits for a portion of wages paid to workers employed in the construction of quantum computing campus facilities, the state Department of Revenue said in adopted regulatory amendments.
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February 18, 2025
1st Circ. Backs Strict View Of Kickback Law In Blow To FCA
In an eagerly awaited ruling, the First Circuit on Tuesday said a major avenue for False Claims Act enforcement requires proof that kickbacks directly changed treatment decisions, a holding that creates a lopsided circuit split as well as significant challenges for the U.S. Department of Justice and the plaintiffs bar.
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February 18, 2025
Delta Crash In Toronto, FAA Firings Upend Aviation Industry
The harrowing crash of a Delta Air Lines passenger jet in Toronto on Monday, during which the plane caught fire, skidded across the runway with its wings broken off and flipped upside down, has upended an industry already rocked by a string of U.S. aviation accidents in the past month.
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February 18, 2025
CFPB Should Beat Suit Over Small Biz Loan Rule, Judge Says
A Florida federal magistrate judge has recommended rejecting a trade group's challenge to the Consumer Financial Protection Bureau's small business lending data rule, finding that merchant cash advances are lawfully included within the scope of the rule, as the agency faces uncertainty under the Trump administration.
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February 18, 2025
Health Net Pays $11.25M To Settle Cybersecurity FCA Claims
Health Net and its parent Centene Corp. have reached an $11.25 million False Claims Act settlement to resolve allegations that the health plan administrator falsely certified compliance with cybersecurity requirements under a U.S. Department of Defense contract.
Expert Analysis
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End-Of-Year FCPA Enforcement Surge Holds Clues For 2025
The last three months of 2024 saw more Foreign Corrupt Practices Act enforcement actions than any quarter in the previous four years, providing lessons for companies — even as a new administration raises doubts about whether this momentum will continue, say attorneys at Norton Rose.
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What's Next For Accounting Enforcement After SEC's Big 2024
The U.S. Securities and Exchange Commission under the Trump administration will likely continue to focus enforcement efforts on many of the same accounting and auditing issues that it pursued over the past year — but other areas, such as ESG, internal controls and cryptocurrency cases, may fall out of focus, say attorneys at Debevoise.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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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.