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Compliance
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July 18, 2025
Feds Fight Bid To Block Pacific Monument Fishing Permits
The federal government is fighting a bid by conservation groups to vacate a letter by the Trump administration that they say gave the go-ahead for permit holders to commercially fish in a Pacific Coast national monument, arguing it wasn't an agency decision that has any legal rights or obligations.
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July 18, 2025
Interior Process Tweaks Will Further Stymie Wind And Solar
The wind and solar energy industries, already stressed by Trump administration and congressional regulatory and financial restraints, face a new roadblock as the Department of the Interior will increasingly involve its political leadership in project approval process details.
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July 18, 2025
Judge Says She'd Block Birthright Order For Nationwide Class
A Maryland federal judge has said she can't rule on a bid to block President Donald Trump's birthright citizenship executive order for a proposed nationwide class since another preliminary injunction is on appeal, but that she would grant the request if the Fourth Circuit remanded to let her do so.
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July 18, 2025
Investor Sues Biotech Capricor After Product's FDA Denial
Biotechnology company Capricor Therapeutics Inc. faces a proposed investor class action alleging it misrepresented its lead product candidate's approval prospects before the U.S. Food and Drug Administration.
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July 18, 2025
Ex-Warehouse Mgr. Says Firing Followed 'Outrageous' Racism
A former Georgia-based warehouse manager for a logistics company alleged in a new lawsuit Thursday that he was forced out of the company after reporting "outrageous" anti-Asian discrimination from a human resources manager.
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July 18, 2025
Employment Authority: Look Back At NCAA 3rd Circ. Ruling
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with a review one year later after the Third Circuit's ruling that NCAA Division I athletes aren't precluded from pursuing Fair Labor Standards Act claims, a look at the Trump administration's new federal guidance to prioritize the English language and the future of challenges to National Labor Relations Board rules blocking union representation votes.
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July 18, 2025
Hearing Set In Phoenix For Oak Flat Copper Mine Lawsuits
An Arizona federal judge has set an August hearing date to consider injunction bids by the San Carlos Apache Tribe and environmental groups in their lawsuits seeking to block Resolution Copper Co.'s mining project on Oak Flat, an ancient tribal worship site.
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July 18, 2025
Social Media MDL Judge Could Bifurcate Bellwether Trials
A California federal judge presiding over multidistrict litigation by school districts and personal injury plaintiffs claiming social media is addictive said Friday she'll likely bifurcate bellwether trials into two phases, with the judge presiding over the second phase, if plaintiffs seek any relief "that may be injunctive in nature."
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July 18, 2025
Court Finds Mich. Law Applies To CBAs Silent On Sick Time
A state court found that a Michigan sick leave law applies to workers and employers covered under collective bargaining agreements that don't mention earned sick time, rejecting an electrical construction industry group's constitutional claims and federal labor law preemption challenge to the statute.
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July 18, 2025
EU Says Vivendi Controlled Lagardère During Deal Review
European enforcers have accused French media conglomerate Vivendi of exercising control over Lagardère's editorial operations and personnel decisions before and during a review of its acquisition.
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July 18, 2025
Safeway Can't Arbitrate False Ad Wine Discount Suit
Safeway can't force customers to arbitrate their proposed false advertising class action alleging it markets bogus, limited-time offers of discounts on wine for its rewards members, after a California federal judge ruled that there's no evidence they agreed to arbitrate their disputes or had notice of Safeway's arbitration terms.
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July 18, 2025
Ga. Facility Exposed Workers, Families To Mercury, Suit Says
A group of former employees and contractors, as well as their family members, have filed suit in Georgia federal court over allegations they were exposed to dangerous and harmful levels of mercury at Olin Corp.'s Augusta, Georgia, facility from 1965 forward.
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July 18, 2025
T-Mobile Wants Wash. AG's Data Breach Claims Tossed
T-Mobile is calling its promises to protect its subscribers' privacy "puffery" in a bid to get out of a Washington state lawsuit over a 2021 cyberattack, saying its commitments to "safeguards" and to "do the right thing" with users' data couldn't have misled consumers because they were completely unspecific.
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July 18, 2025
Colo. Sues Businessman Over Small Biz Fee Scheme
The state of Colorado sued a Florida businessman and his two companies Thursday in state court, saying they spent years running a scheme targeting small business owners, sending nearly 200,000 forms trying to solicit large fees for services that are actually free.
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July 18, 2025
FTC Nixes Exxon-Pioneer, Chevron-Hess Board Ban Deals
The Biden-era Federal Trade Commission settlements clearing Exxon's purchase of Pioneer and Chevron's acquisition of Hess are no more, after the now Republican-controlled agency said there was no need to condition acquisition approvals on banning the CEOs of Pioneer and Hess from the boards of the combined companies.
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July 18, 2025
Crypto Firms' OCC Charter Bids Draw Bank Industry Scrutiny
Major banking industry groups are warning the Office of the Comptroller of the Currency that approving pending bank charter bids from crypto-linked firms like Ripple could "represent a fundamental departure" from long-standing policy, urging the agency to delay action until more information about their plans is made public.
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July 18, 2025
Trump Flexes Air Law Power To Delay Compliance Deadlines
President Donald Trump has postponed deadlines to comply with air pollution standards for companies in the coal power, chemical manufacturing, medical sterilization and iron ore industries, relying on special presidential power contained in the Clean Air Act.
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July 18, 2025
Mattel Says Overseas Counterfeiters Ripping Off Uno Game
Barbie and Hot Wheels maker Mattel Inc. has filed counterfeiting claims in Illinois federal court against foreign retailers that the company says are selling knockoff versions of its popular Uno card game.
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July 18, 2025
Tread Carefully On Truth-In-Billing Rules, FCC Told
The Federal Communications Commission says its slamming and truth-in-billing rules are outdated and has targeted them for cuts, but consumer and civil rights groups are urging the agency to be cautious in order to "ensure these changes do not come at the expense of core consumer protections."
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July 18, 2025
7th Circ. OKs FBI Withholding Of Ex-Atty's Informant Records
The Federal Bureau of Investigation did not violate the Freedom of Information Act by providing only some of the documents former lawyer Joel Brodsky requested related to his work as a confidential informant on corruption and murder investigations, the Seventh Circuit found on Friday, ruling that the FBI had properly justified its rationale.
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July 18, 2025
4th Circ. Backs $9M Classification Ruling Against Staffing Co.
A split Fourth Circuit panel will not scrap a $9 million judgment against a medical staffing company that the U.S. Department of Labor won in a suit alleging the company misclassified more than 1,000 nurses.
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July 18, 2025
Trump Asks Supreme Court To Decline Early Tariff Challenge
President Donald Trump's administration urged the U.S. Supreme Court to reject a request from Illinois-based toy makers to hear their challenge against the White House's global tariffs, arguing the justices should not "leapfrog" parallel proceedings in circuit courts.
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July 18, 2025
Cannabis Edibles Maker Accused Of Hiding Prop. 65 Warnings
A California resident is suing a Los Angeles cannabis-infused edibles maker, claiming its peel-back product labels deliberately hide the state-required Proposition 65 warning at the time of purchase, in the second private enforcement action filed by the plaintiff this year.
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July 18, 2025
Zillow Says Compass Can't Get Block On 'Zillow Ban'
Zillow sought to flip the script Thursday on Compass's antitrust allegations targeting new standards limiting home listing eligibility for pre-marketed properties, telling a New York federal judge not to preliminarily block the rules because they're just an effort to use "transparency" to "mitigate the damaging effects of hidden listings."
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July 18, 2025
Commerce Adviser Joins MoFo National Security Group In DC
A former U.S. Department of Commerce adviser who focused on semiconductor export controls has returned to private practice at Morrison Foerster LLP, the firm announced.
Expert Analysis
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Diversity, Equity, Indictment? Contractor Risks After Kousisis
The U.S. Supreme Court’s recent Kousisis v. U.S. decision, holding that economic loss is not required to sustain wire fraud charges related to fraudulent inducement, may extend criminal liability to government contractors that make false diversity, equity and inclusion certifications, say attorneys at Moore & Van Allen.
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Series
Law School's Missed Lessons: Navigating Client Trauma
Law schools don't train students to handle repeated exposure to clients' traumatic experiences, but for litigators practicing in areas like civil rights and personal injury, success depends on the ability to view cases clinically and to recognize when you may need to seek help, says Katie Bennett at Robins Kaplan.
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What To Expect As UK, US Gov'ts Develop Stablecoin Policies
While the U.K. and U.S. governments’ policies both suggest that fiat-backed stablecoins can improve efficiency and safety in payments systems, a perception that crypto-assets remain high risk means consumers are unlikely to use them in significant volume anytime soon, say lawyers at Cadwalader.
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9th Circ. Customs Ruling A Limited Win For FCA Plaintiffs
While the decision last month in Island Industries v. Sigma may be welcome news for False Claims Act relators, under binding precedent courts within the Ninth Circuit still do not have jurisdiction to adjudicate customs-based FCA claims pursued by the government, say attorneys at Morgan Lewis.
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Opinion
4 Former Justices Would Likely Frown On Litigation Funding
As courts increasingly confront cases involving hidden litigation finance contracts, the jurisprudence of four former U.S. Supreme Court justices establishes a constitutional framework that risks erosion by undisclosed financial interests, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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Quantifying Trading-Based Damages Using Price Impact
The U.S. Securities and Exchange Commission will likely increasingly rely on price impact analyses to demonstrate pecuniary harm from trading-related misconduct, meaning measuring price impact will be helpful in challenging SEC disgorgement, determining appropriate remedies, and assessing loss causation and damages in private litigation, says Vyacheslav Fos at Boston College and Erin Smith at Compass Lexecon.
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Congress Crypto Movement Could Bring CFTC 'Clarity' At Last
The Clarity Act's arrival at the House floor during "Crypto Week" in Congress demonstrates enduring bipartisan support for legislation addressing digital assets and the Commodity Futures Trading Commission's important role in a future regulatory structure, say attorneys at DLA Piper.
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Preparing For Trump Pushback Against State Climate Laws
An April executive order from President Donald Trump mandated a report from the U.S. attorney general on countering so-called state overreach in climate policy, and while that report has yet to appear, companies can expect that it will likely call for using litigation, legislation and funding to actively reshape energy policy, say attorneys at Bracewell.
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Tips For Managing Social Media And International Travel Risks
Employers should familiarize themselves with the legal framework governing border searches and adopt specific risk management practices that address increasing scrutiny of employees’ social media activities by immigration enforcement, say attorneys at Thompson Hine.
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Practical Implications Of SEC's New Crypto Staking Guidance
The U.S. Securities and Exchange Commission's recent staff guidance that protocol staking does not constitute securities offerings provides a workable compliance blueprint for crypto developers, validators and custodial platforms willing to keep staking strictly limited to protocol-driven rewards, say attorneys at Cahill.
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DOJ Actions Signal Rising Enforcement Risk For Health Cos.
The U.S. Department of Justice's announcement of a new False Claims Act working group, together with the largest healthcare fraud takedown in history, underscore the importance of sophisticated compliance programs that align with the DOJ's data-driven approach, say attorneys at Debevoise.
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Stablecoin Bills Present Opportunities, Challenges For Banks
Stablecoin legislation that Congress is expected to adopt in the coming weeks — the GENIUS and STABLE Acts — would create openings for banks to engage in digital asset activities, but it also creates a platform for certain tech-savvy nonbanks to directly compete, say attorneys at Arnold & Porter.
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How Attys Can Use AI To Surface Narratives In E-Discovery
E-discovery has reached a turning point where document review is no longer just about procedural tasks like identifying relevance and redacting privilege — rather, generative artificial intelligence tools now allow attorneys to draw connections, extract meaning and tell a coherent story, says Rose Jones at Hilgers Graben.
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New FCPA Guidance May Flip The Whistleblowing Script
The U.S. Department of Justice’s updated Foreign Corrupt Practices Act guidelines lay out a new incentive structure that may put multinational U.S.-based companies in an unusual offensive whistleblowing position, potentially spurring them to conduct external investigations of their foreign rivals, says Markus Funk at Perkins Coie.
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Leveraging Diligence Findings For Better Life Sciences Deals
Life sciences parties should utilize due diligence strategically to review and draft deal documents, address issues identified during the diligence, and craft solutions to achieve the party's transactional goals, says Anna Zhao at Gunner Cooke.