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Compliance
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May 20, 2025
SEC Chair Says Staff Exits Have Left Holes In Agency
U.S. Securities and Exchange Commission Chair Paul Atkins told Congress Tuesday that the agency has lost hundreds of employees in recent months due to voluntary buyouts and early retirement incentives, and that some now-missing expertise will need to be replaced.
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May 20, 2025
Gov't Says Unions Too Slow In Calling For Halt Of Restructure
President Donald Trump called for a California federal judge to tank an injunction bid from unions and advocacy groups about his executive order instructing agencies to plan for reductions in force, arguing the request was delayed and the district court lacks jurisdiction.
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May 20, 2025
Ex-Worker Accuses TIAA Of Mismanaging 401(k) Plans
An ex-worker accused the Teachers Insurance and Annuity Association of America of violating federal benefits law by keeping costly and underperforming fund offerings in its two employee 401(k) retirement plans, in a proposed class action lodged Tuesday in New York federal court.
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May 20, 2025
SafeMoon CEO's Crypto Talk 'Riddled With Lies,' Jury Told
A Brooklyn federal jury was set to deliberate charges accusing a U.S. Army veteran from Utah of conspiring to loot crypto company SafeMoon, after federal prosecutors on Tuesday walked jurors through what they called powerful evidence of the former CEO's guilt.
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May 20, 2025
CFPB's Guidance Purge May Have Limited Impact For Industry
The Trump administration's recent culling of Consumer Financial Protection Bureau guidance may help advance the agency's pivot to lighter-touch regulation, but consumer advocates and even some financial services attorneys say the rescinded policies could still shape litigation and leave companies guessing about the agency's current views.
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May 20, 2025
TikTok's Bid To Get NY Docs From AG Sunk By New State Law
A New York state judge on Tuesday denied TikTok's bid to force the New York attorney general to turn over agency documents related to claims the app harms children's mental health, relying on an amendment tucked into the state's budget that was signed into law this month.
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May 20, 2025
Meta Says Too Late For 'Dramatic Shift' In Antitrust Argument
Consumers who claim Meta monopolized the social media advertising market are attempting to make a late "dramatic shift" from their years-long argument that all of its users should have been paid a "made-up figure" of $5 a month for their data, the company told a California federal court Monday.
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May 20, 2025
Sales Exec Admits Role In $70M Brain Scan Kickback Scheme
A former operations and regional sales manager for a mobile medical diagnostic company has agreed to plead guilty to taking part in a $70.6 million conspiracy to pay kickbacks to doctors who ordered unnecessary brain scans, Massachusetts federal prosecutors announced Tuesday.
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May 20, 2025
Judge Denies Meta's Mid-Trial Bid To End FTC Monopoly Case
A D.C. federal judge refused Tuesday to cut short the trial in the Federal Trade Commission's monopolization lawsuit against Meta Platforms Inc., not finding the clear evidentiary failure necessary to nix the government's case over the company's purchases of WhatsApp and Instagram.
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May 20, 2025
Senate Dems Protest Broadband Deployment Delays
A dozen Senate Democrats urged President Donald Trump to curtail the U.S. Department of Commerce's potential overhaul of a $42.5 billion broadband deployment program created during the Biden administration.
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May 20, 2025
Unions Eye Nix Of NJ Transit Suit Over Picket Line
Two unions sued by NJ Transit over their refusal to cross the picket line in the now-resolved rail strike told a New Jersey federal court that since their members have returned to work, the case is now moot.
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May 20, 2025
GOP Will Push Calif. Waiver Vote, Dems Will Jam EPA Noms
Senate Republicans vowed Tuesday to forge ahead with Congressional Review Act resolutions that would repeal clean-vehicle waivers for California that were approved by the Biden administration, while Democrats said they'll throw roadblocks in front of presidential nominees in retaliation.
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May 20, 2025
Apple Can't Get Quick Pause Of App Store Order At 9th Circ.
The Ninth Circuit agreed Monday to expedite briefing in Apple's appeal challenging a lower court's new injunction mandating certain App Store policy changes, but the panel declined to rule on Apple's emergency request to pause the injunction as Apple and Epic Games brief the hotly contested dispute.
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May 20, 2025
Worker Says Health System Must Face Time Rounding Suit
An Ohio county health system should face a proposed collective action accusing it of illegally rounding down workers' time in efforts to short them on wages, a medical assistant said, telling a federal judge she put forward enough detail to back up her claims.
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May 20, 2025
EEOC Annual Worker Data Bid Opens With Diversity Warning
The U.S. Equal Employment Opportunity Commission's annual workplace demographic data collection window opened Tuesday with a warning from the EEOC's acting chair that employers can't act on protected characteristics like race and sex to try to enhance diversity.
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May 19, 2025
DC Circ. Ponders Letting Gov't Claw Back $20B In Green Funds
The D.C. Circuit didn't seem convinced Monday morning that the Trump administration can't claw back $20 billion in U.S. Environmental Protection Agency grants that it's trying to cancel and divert elsewhere, hearing arguments over a preliminary injunction blocking the government from doing just that.
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May 19, 2025
Senate Advances Stablecoin Bill After Dem Backers Return
The U.S. Senate's proposal to regulate stablecoins is headed to the floor after lawmakers voted to close debate on the bill Monday evening, clearing a procedural hurdle after first stumbling earlier this month when Democrats pulled support to pursue further negotiations.
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May 19, 2025
Feds To Use FCA To Go After Antisemitism, DEI Policies
The U.S. Department of Justice announced Monday that it will use the False Claims Act to go after any recipients of federal funds that the agency determines promote diversity, equity and inclusion policies, and allow antisemitism to thrive.
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May 19, 2025
House Urged To Ax Proposed 10-Year Ban On State AI Laws
More than 140 civil rights and consumer advocacy groups on Monday became the latest to oppose a sweeping provision in the U.S. House of Representatives' budget proposal that would place a 10-year moratorium on states enacting or enforcing laws to regulate emerging artificial intelligence systems, joining a bipartisan coalition of state enforcers that issued a similar call last week.
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May 19, 2025
Vanguard $40M Deal Rejected In Investors' Tax Fight
A Pennsylvania federal judge on Monday rejected a $40 million proposed settlement between Vanguard and investors, blocking the investors' attorneys from netting $13 million in fees and embracing the objections of one investor who called out the deal — meant to compensate for surprise tax bills — as worthless.
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May 19, 2025
Diamond Dealer Sentenced In $13M Fla. Fraud Case
A Florida federal judge sentenced a Pennsylvania man to more than six years in prison after he admitted to defrauding more than 100 victims out of $13 million in connection with a diamond investment Ponzi scheme.
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May 19, 2025
Carrier's Kidde-Fenwal Ch. 11 Deal Barred By Purdue, AGs Say
Connecticut and other states Monday objected to Carrier Global Corp.'s proposed $540 million deal releasing it from "forever chemicals" litigation liability through its ownership of bankrupt firefighting foam manufacturer Kidde-Fenwal Inc., saying the U.S. Supreme Court shot down a similar deal in drugmaker Purdue Pharma LP's bankruptcy case.
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May 19, 2025
Trump Admin Fights Bid To Block OPM From Helping DOGE
A trio of unions can't substantiate their claims that the U.S. Office of Personnel Management is inappropriately disclosing sensitive data to the Department of Government Efficiency, the Trump administration has told a New York federal judge, asking her to toss the unions' injunction request.
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May 19, 2025
SEC's 'Shadow Trading' Win Should Be Tossed, 9th Circ. Told
An ex-Medivation Inc. executive found liable in the U.S. Securities and Exchange Commission's first-ever "shadow trading" case has asked the Ninth Circuit to overturn the verdict, arguing that his company's policies should have kept the matter from going to a jury in the first place.
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May 19, 2025
Interior Dept. Lifts Freeze On Empire Wind Project
The U.S. Department of the Interior has lifted its stop-work order, allowing construction to resume on the Empire Wind offshore wind energy project south of New York's Long Island, according to an announcement made Monday.
Expert Analysis
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What Del. Supreme Court LKQ Decision Means For M&A Deals
The Delaware Supreme Court's recent decision in LKQ v. Rutledge greatly increases the enforceability of forfeiture-for-competition provisions, representing an important affirmation of earlier precedent and making it likely that such agreements will become more common in M&A transactions, say attorneys at Mayer Brown.
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Tracking FTC Labor Task Force's Focus On Worker Protection
The Federal Trade Commission recently directed its bureaus to form a joint labor task force, shifting the agency's focus toward protecting consumers in their role as workers, but case selection and resource allocation will ultimately reveal how significant labor markets will be in the FTC's agenda, say attorneys at Venable.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
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Aviation Watch: New FAA Chief Will Face Strong Headwinds
Once confirmed, Bryan Bedford, President Donald Trump's nominee to head the Federal Aviation Administration, will face steep challenges — including a shortage of air traffic controllers, a recent spate of high-profile crashes, and the difficulty of working within an administration intent on cutting staffing and funding, says Alan Hoffman, a retired attorney and aviation expert.
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How Trump Energy Order May Challenge State Climate Efforts
Even if the Trump administration's recent executive order targeting state and local environmental, climate and clean energy laws, regulations and programs doesn't result in successful legal challenges to state authority, the order could discourage state legislatures from taking further climate action, say attorneys at Foley Hoag.
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The SEC's Administrative Law Courts Are At A Crossroads
The U.S. Department of Justice's recent departure from its prior defense of the U.S. Securities and Exchange Commission's administrative law judges' legitimacy moves the forum deeper into a constitutional limbo that likely requires congressional action, says Dean Conway at Carlton Fields.
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SEC's Noteworthy Stablecoin Guidance Comes With Caveats
The U.S. Securities and Exchange Commission recently issued a statement concluding that a narrow class of stablecoins doesn't involve the offer or sale of securities — a significant step forward in recognizing that not all crypto-assets are created equal, though there remains a pressing need for broader regulatory clarity, say attorneys at A&O Shearman.
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Self-Disclosure Calculus Remains Complex Under Trump DOJ
Shifting policy focus under the Trump administration's Justice Department has created uncertainty for individuals considering voluntarily self-disclosing crimes that are no longer considered an enforcement priority, but there has been no indication that the administration intends on dialing back self-disclosure programs, say attorneys at Fox Rothschild.
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Electronic Shelf Labels Pose Myriad Risks For Retailers
While electronic shelf labels offer retailers a new way to convey pricing and other product information to consumers, the technology has attracted the attention of U.S. policymakers and consumer advocates, so businesses must assess antitrust, data privacy and discrimination risks before implementation, say attorneys at Baker McKenzie.
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4 Ways US Banks Can Operate In Canada
Contrary to recent statements from the Trump administration, there are several options for U.S. banks that want to operate and compete in Canada, and the country’s bank ownership regime may actually be more favorable to U.S. banks than to Canadian shareholders, say attorneys at Torys.
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Perspectives
Power To The Paralegals: The Value Of Unified State Licensing
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.
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What's Next For Lab Test Regulation Without FDA Authority
A recent Texas federal court decision vacating the U.S. Food and Drug Administration's final rule that would apply FDA regulations to laboratory-developed tests signals potential positive impacts in the diagnostic space, and could inspire more healthcare entities to litigate against the government, say attorneys at Hooper Lundy.
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1st Circ. Ruling May Slow SEC Retail Investment Advice Cases
The First Circuit's recent ruling, finding the U.S. Securities and Exchange Commission did not substantiate its $93.3 million fine against a retail investment adviser, may raise the threshold on materiality findings in these cases and add a speed bump resulting in fewer such actions, say attorneys at Weil.
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What Greenwashing Looks Like, And How To Navigate Claims
Recent cases show that consumers seeking to challenge sustainability claims as greenwashing face significant legal hurdles, and that companies can avoid liability by emphasizing context, says Felicia Boyd at Norton Rose.
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11 Tips For Contractors Dealing With DOD Staff Reductions
Defense contractors should prepare for a wide range of disruptions related to procurement and contract administration that are likely amid federal workforce reductions, say attorneys at Covington.