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Compliance
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May 28, 2025
Insurer Questions Coverage Of Ohio Tenant Harassment Case
An Ohio insurer filed a federal lawsuit arguing on Wednesday that it is not obligated to defend or indemnify Athens County, Ohio, landlords accused in a U.S. Department of Justice lawsuit of allowing sex discrimination and harassment against female tenants at at least one rental property for years.
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May 28, 2025
DOL Tells 5th Circ. It Will Craft New ESG Rule For 401(k) Plans
The U.S. Department of Labor told the Fifth Circuit on Wednesday that it will launch new rulemaking and move "as expeditiously as possible" to replace Biden administration regulations on whether fiduciaries can consider issues like climate change and social justice when choosing retirement plan investments.
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May 28, 2025
Judge Rejects Johns Hopkins Unit's Claim FCA Suit Is Untimely
A Maine federal judge on Wednesday denied Johns Hopkins Medical Services Corp.'s bid to dismiss a False Claims Act suit as untimely, ruling it must face allegations it failed to report being overpaid for healthcare services for military personnel, retirees and their families.
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May 28, 2025
Feds Urge Supreme Court To Let 10th Circ. PBM Ruling Stand
The federal government urged the U.S. Supreme Court not to take up the state of Oklahoma's challenge to a Tenth Circuit decision that found parts of a law regulating pharmacy benefit managers were preempted by federal benefits and healthcare laws, arguing the case doesn't warrant further review from the justices.
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May 28, 2025
Security Exec Gets $20K Fine For Rigging DOD Contracts
A former executive with a Belgian security company pled guilty to antitrust violations Wednesday in D.C. federal court, receiving a sentence of probation and a $20,000 fine for conspiring with rivals to rig bids for U.S. Department of Defense contracts in Belgium.
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May 28, 2025
DOJ Says Justices' Ruling Backs Nursing Exec's Conviction
The U.S. Department of Justice is pointing to a recent U.S. Supreme Court ruling to bolster its fight against a new trial being sought by a convicted Nevada nursing home executive, saying that the new high court decision establishes that economic loss isn't needed to prove wire fraud.
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May 28, 2025
DOJ Gets Some Discovery Seeking HPE-Juniper Witness Bias
A California federal magistrate judge granted the U.S. Department of Justice only limited discovery Tuesday as it looks for potential "bias" from an industry analyst Hewlett Packard Enterprise may call in defense of its planned $14 billion purchase of Juniper Networks Inc.
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May 28, 2025
DOJ Tells Justices American Airlines Can't Renew JetBlue Pact
The federal government told the U.S. Supreme Court that the First Circuit correctly determined that American Airlines failed to prove at trial that its codeshare agreement with JetBlue in Boston and New York had procompetitive benefits, and the carrier's attempt to revive the alliance is moot anyway.
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May 28, 2025
Mallinckrodt Investors Get Initial OK For $5.5M Settlement
Investors of drugmaker Mallinckrodt received preliminary approval of their $5.5 million settlement with two executives and a director of the company Wednesday, ending the investors' claims they were misled into believing Mallinckrodt had recovered from bankruptcy and would make a $200 million payment to opioid claimants.
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May 28, 2025
Ohio Exec Pleads Guilty In Ponzi Scheme Investigation
A Toledo, Ohio, investment firm executive has copped to a role in a purported Ponzi scheme that Ohio Attorney General Dave Yost said bilked investors out of $72 million.
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May 28, 2025
Anesthesiology Co. Urges Dismissal Of Antitrust Class Action
U.S. Anesthesia Partners told a Houston judge that a patient leading a proposed class action accusing it of monopolizing the Texas anesthesia market doesn't have a valid claim because his insurance company chose how much he paid for services.
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May 28, 2025
IRS Coinbase Summons Challenged As Overbroad, Unlawful
A Connecticut man wants a California federal court to quash an Internal Revenue Service summons issued to Coinbase for his personal financial documents, arguing that the agency's request was inappropriate and violates his privacy rights.
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May 28, 2025
Smartmatic Says Fox Is Trying To 'Bury Proof' In Defamation Row
Voting technology company Smartmatic has asked a New York state court to lift the "veil of secrecy" on evidence it alleges Fox News is trying to keep hidden from the public as it faces allegations of defamation related to conspiracy theories it aired about a stolen election in 2020.
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May 28, 2025
Alex Jones Is 'Defending Journalists,' Texas Court Hears
A Texas appeals court seemed taken aback after counsel for conspiracist Alex Jones claimed a $45 million default judgment relating to Jones' defamatory Sandy Hook statements should be thrown out, suggesting during oral arguments Jones was "thumbing [his] nose" at the trial court.
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May 28, 2025
Hill Dems Blast 'Indefensible' Delay In Multilingual Alert Regs
More than two dozen congressional Democrats called on the Federal Communications Commission to complete the rollout of a bipartisan rule meant to provide wireless emergency alerts in multiple languages, claiming untenable delays in the process.
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May 28, 2025
China Can't Duck PPE Hoarding Claims By Fla. Medical Pros
A Florida federal judge won't fully dismiss claims from a group of medical professionals alleging that China, through a New Jersey company, hoarded personal protective equipment to create a monopoly at the start of the COVID-19 pandemic, finding the allegations fall within the commercial activity exception to sovereign immunity.
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May 28, 2025
Redgrave Hires E-Discovery Co.'s Microsoft 365 Tech Pro
E-discovery and information law firm Redgrave LLP has hired one of the minds behind the creation of e-discovery company Lighthouse's Microsoft compliance and security compliance team, touting what the firm calls his "niche practice built to address the impact of cloud computing on eDiscovery and information governance."
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May 28, 2025
Cooley Adds Ex-FDA Attorney To DC Life Sciences Group
Cooley LLP has hired a former U.S. Food and Drug Administration attorney, who for the majority of her public service career worked as an associate chief counsel, trying civil actions and criminal prosecutions against those accused of violating regulations for a range of products.
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May 28, 2025
DOL Rescinds Warning Against Crypto In 401(k) Plans
The U.S. Department of Labor on Wednesday rescinded guidance by former President Joe Biden's administration that warned against crypto offerings in 401(k) plans, which had sparked a legal challenge from a 401(k) provider against the agency.
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May 27, 2025
Musk, DOGE Fail To Nix States' Suit Against 'Limitless' Power
Fourteen states can proceed in their lawsuit challenging Elon Musk and the Department of Government Efficiency's influence in the federal government after a D.C. federal judge Tuesday refused to toss their suit, rejecting the government's contention that Musk wasn't subject to the U.S. Constitution's appointments clause.
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May 27, 2025
Crypto Industry Urges CFTC Action On Perpetual Contracts
Derivatives marketplaces and cryptocurrency firms told the U.S. Commodity Futures Trading Commission that setting rules for so-called perpetual derivatives would bring significant crypto trading activity onshore, but the regulator will have to contend with round-the-clock trading, novel risks and characteristics that don't fit neatly into existing classifications.
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May 27, 2025
Ruling Tariffs Unlawful Would 'Kneecap' Trump, Gov't Says
A ruling from a D.C. federal judge invalidating the Trump administration's use of the International Emergency Economic Powers Act to impose sweeping global tariffs would "kneecap" the president and cause "diplomatic embarrassment," a government attorney told a Washington, D.C., federal judge in court Tuesday.
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May 27, 2025
CMS Heightens Medicaid Oversight For Immigrant Care
The Centers for Medicare & Medicaid Services on Tuesday said it is ramping up its financial oversight of states to detect misuse of federal Medicaid dollars, telling states it will seek to recoup federal funds spent on nonemergent care for "illegal aliens."
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May 27, 2025
CFPB Nixes Snap Finance Suit In Latest Enforcement Cutback
The Consumer Financial Protection Bureau on Tuesday permanently dropped its Utah federal lawsuit against Snap Finance, a lease-to-own fintech, adding to the list of Biden-era enforcement actions that the agency has walked away from under Trump-appointed leadership.
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May 27, 2025
US Accuses 4 NJ Cities Of Blocking Immigration Enforcement
Four New Jersey cities — Newark, Jersey City, Paterson and Hoboken — are obstructing federal immigration enforcement with their sanctuary policies in violation of the supremacy clause of the U.S. Constitution, the federal government claims in a lawsuit filed in the Garden State.
Expert Analysis
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AT&T Decision May Establish Framework To Block FCC Fines
The Fifth Circuit's recent decision in AT&T v. FCC upends the commission's authority to impose certain civil penalties, reinforcing constitutional safeguards against administrative overreach, and opening avenues for telecommunications and technology providers to challenge forfeiture orders, say attorneys at HWG.
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Reassessing Corporate Separateness After Explosion Of LLCs
Following the dramatic increase of limited liability companies in the U.S., the Corporate Transparency Act's enactment and the Trump administration's subsequent narrowing of that law, it's worth revisiting the underlying legal principles that govern shell companies in order to remedy the problems that initially motivated the CTA, says Jeff Newton at Omni Bridgeway.
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What Banks Should Note As Regulators Plan To Nix CRA Rule
While federal bank regulators’ recently announced intent to rescind a Biden-era Community Reinvestment Act final rule will loosen the framework for evaluating banks’ lending, service and investing activities, the decision means industry innovations and changes will remain unaddressed, say attorneys at Alston & Bird.
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Fines Against Apple, Meta Set Digital Markets Act Precedent
The European Commission's recent fines against Apple and Meta, the first under the Digital Markets Act, send a clear message that the act's reach and influence on regulatory thinking is global, say lawyers at Waterfront Law.
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Addressing PFAS Risks In Public Company Disclosures
As individual lawsuits and class actions over PFAS risks spanning multiple sectors and products increase, and rapidly evolving and often unclear regulatory initiatives on both the federal and state levels proliferate, it's more important than ever for companies to know how and when to complete PFAS-related disclosures, say attorneys at Venable.
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Takeaways From DOJ's Latest FCA Customs Fraud Intervention
The U.S. Department of Justice's recent intervention in a case alleging customs-related reverse False Claims Act fraud underlines the government’s increased scrutiny of, and importers’ corresponding exposure from, information related to product classification, country of origin and pricing, say attorneys at Bass Berry.
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4 Trends Responsible For Declining FLSA Filings
In 2024, the number of Fair Labor Standards Act claims filed in federal courts continued to decrease, reflecting a steady decline in federal FLSA filings since 2015 due to a few trends, including increased compliance and presuit resolution, say attorneys at Seyfarth.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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CFPB Vacatur Bid Sheds Light On Agency Decision-Making
While the CFPB's joint motion to vacate the settlement it reached with Townstone Financial last year won't affect precedent on the Equal Credit Opportunity Act's scope, it serves as a road map to CFPB decisional processes and provides insight into how other regulators make similar decisions, says Jason McElroy at Saul Ewing.
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4 Legislative Proposals Reflect Growing Scrutiny Of Pharma IP
Bipartisan legislative momentum in Congress, including a recent package of bills targeting exclusivity strategies that delay generic and biosimilar competition, signals growing scrutiny of life sciences intellectual property strategies, so biologics companies and investors must pay attention to new strategic, compliance and litigation risks, says Olga Berson at Thompson Coburn.
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The Potential Efficiencies, Risks Of Folding PCAOB Into SEC
Integrating the Public Company Accounting Oversight Board into the U.S. Securities and Exchange Commission offers the potential for regulatory efficiencies, as well as a more streamlined and consistent enforcement approach, but it also presents constitutional and operational uncertainties, say attorneys at Hilgers Graben.
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What To Watch For As High Court Mulls NRC's Powers
If successful, Texas’ challenges to the U.S. Nuclear Regulatory Commission’s authority — recently heard by the U.S. Supreme Court and currently pending before a Texas federal court — may have serious adverse consequences for aspiring NRC licensees, including potential nuclear power plant operators, say attorneys at Haynes Boone.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Reviewing Trump Admin's Rapid Pro-Crypto Regulatory Pivot
The digital asset industry has received a boost from the explicitly pro-crypto Trump administration, which in its first few months reversed Biden-era rules and installed industry proponents at regulatory agencies, marking one of the biggest regulatory about-faces by a government in recent memory, says Robert Appleton at Olshan Frome.