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Compliance
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May 12, 2025
Will Justices Finally Rein In Universal Injunctions?
The U.S. Supreme Court is expected to address for the first time Thursday the propriety of universal injunctions, a tool federal judges have increasingly used to broadly halt presidential orders and policy initiatives, and whose validity has haunted the high court's merits and emergency dockets for more than a decade.
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May 12, 2025
Agencies Win Stay Of Mental Health Parity Rule Suit
A D.C. federal court on Monday agreed to stay a suit from a benefits-focused employer trade group seeking to block a recently finalized mental health parity rule, after the DOL and other federal agencies told the court they plan to rescind or modify the rule.
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May 12, 2025
Wells Fargo Hid Account Amid Man's Homelessness, Suit Says
A Massachusetts man has alleged in a lawsuit filed in federal court that Wells Fargo intentionally concealed a trust fund account from him for decades while he suffered years of financial instability, including homelessness.
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May 12, 2025
Jury Clears Biz Owner's Wife Of $2M Payroll Tax Debt
The wife of a man found liable for construction company employment taxes is off the hook for $2 million in liabilities, a New York federal jury found, saying she was not responsible for collecting the taxes and paying them over to the federal government.
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May 09, 2025
FTC Says Amazon Hid Doc Calling Bezos 'Dark Arts Officer'
The Federal Trade Commission has urged a Seattle federal court to impose punitive sanctions on Amazon in the commission's lawsuit accusing the e-commerce giant of trapping consumers into Prime subscriptions, saying Amazon withheld tens of thousands of documents in bad faith by baselessly claiming the documents were privileged.
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May 09, 2025
Ex-Meinl Bank CEO Extradited To US On $170M Odebrecht Rap
The former CEO of Austrian lender Meinl Bank AG was extradited from the U.K. and pled not guilty Friday to money laundering charges, stemming from allegations that he helped Odebrecht SA hide $170 million in funds used to bribe officials around the world and defraud the Brazilian government.
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May 09, 2025
Calif. Judge Blocks Trump's Gov't Reorganization, Job Cuts
A California federal judge on Friday temporarily blocked federal agencies and Elon Musk's Department of Government Efficiency from carrying out President Donald Trump's directive to reduce the government workforce, saying the president doesn't have the constitutional or statutory authority "to reorganize the executive branch."
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May 09, 2025
Real Estate Recap: 'Preposterous' Rule, MoFo On Debt, Big 4
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney views of a U.S. Securities and Exchange Commission rule affecting real estate, one BigLaw leader's insights into new debt funds, and what the four largest brokerages said about 2025's first quarter.
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May 09, 2025
Feds Rebut Disclosure Delay Claims In Crypto Mixer Case
Federal prosecutors on Friday fired back at claims they suppressed evidence from the indicted co-founder of crypto mixing service Samourai Wallet, arguing they went beyond what was required when they recently disclosed an "informal conversation" where Treasury employees cast doubt on one of the subsequent charges.
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May 09, 2025
BDO Urges Justices To Hear 'Crucial' Auditor Fraud Case
BDO USA LLP is petitioning the U.S. Supreme Court to hear a case that the firm warns could have "devastating" consequences for public companies' auditors, arguing in a Friday filing that the Second Circuit created a "dangerous precedent" by reviving a lawsuit brought by AmTrust Financial Services Inc. shareholders.
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May 09, 2025
Treasury Pushes To Ax Shareholders' FHFA Director Suit
The federal government has said a Fannie Mae and Freddie Mac shareholder complaint should be dismissed because it is "devoid of any allegations" that tenure protections for the Federal Housing Finance Agency's director affected their dividend payments.
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May 09, 2025
Feds Put Heat On Foreign Data Transfers With Sweeping Rules
The U.S. Department of Justice's unexpected guidance and brief enforcement reprieve on a national data security program intended to curb foreign access to Americans' sensitive data has handed companies some welcome breathing room, but the strong interest that federal enforcers have shown in the topic means that businesses can't afford to delay compliance efforts.
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May 09, 2025
FINRA To Tweak Some Off-Channel Supervision Obligations
The Financial Industry Regulatory Authority has said it will modify the supervision plans undertaken by some firms that signed U.S. Securities and Exchange Commission settlements over their failure to keep records of so-called off-channel communications, after the SEC refused to redo some deals reached before 2025.
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May 09, 2025
NY Developer Denied More Time To Pay SEC $229M Settlement
A New York federal judge denied a motion by a real estate developer and his wife to extend the deadline for a $229.6 million payment required under a consent judgment with the SEC to settle claims they had schemed to raise money from hundreds of Chinese investors using false statements.
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May 09, 2025
SEC's Crypto Retreat Warrants Court Scrutiny, Crenshaw Says
The U.S. Securities and Exchange Commission's lone Democratic member called on courts to "take a long hard look" at the agency's reversals in crypto enforcement matters in a scathing dissent of the agency's settlement with blockchain firm Ripple Labs, which she argued "undermines" earlier court decisions in the case.
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May 09, 2025
Employment Authority: Biden-Era Wage Rules Tumble
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on what Biden-era wage and hour rules the U.S. Department of Labor has stopped enforcing, what a quorum at the U.S. Equal Employment Opportunity Commission would look like under Trump and how a union is using unconventional methods to organize video game workers.
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May 09, 2025
Wells Fargo Execs Sued In Del. Over 'Sham' Diversity Efforts
A Wells Fargo stockholder launched a derivative suit on Friday in Delaware's Court of Chancery seeking damages from 17 of the banking giant's directors and officers for potentially billions in costs tied to alleged "sham" diversity-focused recruitment and hiring initiatives.
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May 09, 2025
'Proud' Judge Says No Prison For $1.3B Tax Fraud Witnesses
A Georgia federal judge handed down a pair of what he called "stunningly lenient" no-prison sentences Friday to two brothers who served as key cooperating witnesses in a first-of-its-kind federal case against a sprawling, $1.3 billion tax fraud scheme.
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May 09, 2025
Energy Group Backs States' BlackRock Coal Investments Suit
An energy industry advocacy group backed Texas and several other states' claims that BlackRock Inc. and other investment groups took advantage of their large holdings in publicly traded energy companies to drive up coal prices.
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May 09, 2025
Google AI Fixes Are About Tomorrow, DOJ Tells Judge
The U.S. Department of Justice closed out a D.C. federal court trial seeking to force Google to sell the Chrome browser and prop up rival search engines, with expert testimony arguing Friday that the proposed search monopolization remedies should include artificial intelligence, regardless of what generative AI is like today.
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May 09, 2025
Webull Fined $1.6M Over Lax Influencer Ad Oversight
The Financial Industry Regulatory Authority has fined Webull Financial LLC $1.6 million for allegedly failing to properly monitor or preserve influencers' social media communications about the firm and for not maintaining a sufficient supervisory system for those ads or the disclosure of certain filings for customers.
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May 09, 2025
Advocates Upset As Trump Targets 'Woke' Digital Equity
Broadband deployment advocates protested a Trump administration move to zero out the Digital Equity Fund, a $2.75 billion program to improve digital literacy skills, in a cost-cutting move at the U.S. Department of Commerce.
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May 09, 2025
Musk Accused Of Underpaying Petition Bounties
Elon Musk and his political action committee America PAC got hit with another proposed class action by swing-state voters who say they were not fully paid for putting their names to the petition that he and his PAC promised up to $100 for signing before the 2024 election.
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May 09, 2025
9th Circ. Pins SEC Legal Expenses On Recycler, Not Insurer
The Ninth Circuit affirmed Friday that a Nevada appliance recycler had no coverage for more than $1.3 million in costs associated with a U.S. Securities and Exchange Commission fraud case against it, finding that regardless of which state law applied, the result was unchanged.
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May 09, 2025
More Conn. Dentists Reach Kickback Deals With AG, Feds
Connecticut state and federal authorities have reached more settlements in an ongoing investigation of dentists and dental practices paying kickbacks to patient recruiters, inking deals with providers based in Norwalk worth nearly $650,000, the attorney general's office said Friday.
Expert Analysis
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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.
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7 Considerations For Conducting Drug Clinical Trials Abroad
With continuing cuts to U.S. Food and Drug Administration staffing motivating some pharmaceutical companies to consider developing drugs abroad, it's important to understand the additional risks and compliance requirements associated with conducting clinical studies in other countries, say attorneys at Morgan Lewis.
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Trump's 1st 100 Days Show That Employers Must Stay Nimble
Despite the aggressive pace of the Trump administration, employers must stay abreast of developments, including changes in equal employment opportunity law, while balancing state law considerations where employment regulations are at odds with the evolving federal laws, says Susan Sholinsky at Epstein Becker.
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Cos. Face Enviro Justice Tug-Of-War Between States, Feds
The second Trump administration's sweeping elimination of environmental justice policies, programs and funding, and targeting of state-level EJ initiatives, creates difficult questions for companies on how best to avoid friction with federal policy, navigate state compliance obligations and maintain important stakeholder relationships with communities, say attorneys at Arnold & Porter.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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A 2-Step System For Choosing A Digital Asset Reporting Path
Under the Internal Revenue Service's new digital asset reporting regulation, each type of asset may have three potential reporting destinations, so a detailed testing framework can help to determine the appropriate path, says Keval Sonecha at Sonecha & Amlani.
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NEPA Repeal Could Slow Down Environmental Review
As the Trump administration has rescinded the Council on Environmental Quality's long-standing National Environmental Policy Act regulations, projects that require NEPA review may be bogged down by significant regulatory uncertainty and litigation risks, potentially undermining the administration's intent to streamline the permitting process, say attorneys at Mayer Brown.
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Compliance Lessons From Warby Parker's HIPAA Fine
The U.S. Department of Health and Human Services' civil money penalty against Warby Parker highlights the emerging challenges that consumer-facing brands encounter when expanding into healthcare-adjacent sectors, with Health Insurance Portability and Accountability Act compliance being a potential focus of regulatory attention, say attorneys at Saul Ewing.