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Compliance
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June 20, 2025
PE Firm Demands FDA Docs For Defense In Deal Challenge
Private equity firm GTCR BC Holdings LLC is seeking a court order for the U.S. Food and Drug Administration to produce over a decade's worth of medical device approval applications, arguing the documents are necessary in its defense against a merger challenge by the federal government.
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June 20, 2025
DOJ Sues NJ Telecom For $2.2M In Unpaid FCC Fees
The U.S. Department of Justice is suing a New Jersey-based Voice over Internet Protocol company for $2.2 million in unpaid Federal Communications Commission assessments, penalties and interests, saying the company has ignored invoices and demand letters from as far back as 2019.
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June 20, 2025
Major Nations Endorse New Payment Transparency Standards
Authorities from the U.S., China and other major countries have endorsed payment transparency standards slated to take effect in 2030 that would require information on peer-to-peer cross-border payments above $1,000, according to the Financial Action Task Force.
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June 20, 2025
DOT Blocked From Conditioning Grants On Immigration Policy
A Rhode Island federal judge on Thursday preliminarily blocked the U.S. Department of Transportation from conditioning billions of state grant dollars on enforcing President Donald Trump's immigration crackdown agenda, finding that a 20-state coalition is likely to win its constitutional legal fight and will be irreparably harmed without an injunction.
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June 20, 2025
Pearson Warshaw, Fegan Scott To Steer PVC Antitrust Class
Pearson Warshaw LLP and Fegan Scott LLC have been tapped as lead counsel for a new class of end-user plaintiffs in consolidated litigation accusing polyvinyl chloride pipe companies of using a commodity pricing service to exchange information and illegally fix prices.
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June 20, 2025
3rd Circ. Deems Immunity Defense Premature For Jailers
The Third Circuit has ruled that a lower court properly kept Bucks County, Pennsylvania, corrections officers in a lawsuit accusing them of repeatedly pepper-spraying and restraining a mentally ill pretrial detainee, holding that more information was needed before a final determination could be made on immunity.
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June 20, 2025
Nose Spray Co. Sues FTC Over Substantiation Requirement
Nasal spray maker Xlear Inc. is suing the Federal Trade Commission in Utah federal court, seeking a declaration that the agency is going beyond its statutory mandate by requiring scientific substantiation in marketing claims, even if the claims are not false and misleading.
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June 20, 2025
Taxation With Representation: Latham, Paul Weiss, Covington
In this week's Taxation With Representation, Nippon Steel closes its purchase of U.S. Steel, Hunter Point Capital buys a minority stake in Equitix, Eaton acquires Ultra PCS Ltd. from the Cobham Ultra Group, and Eli Lilly and Co. acquires Verve Therapeutics.
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June 20, 2025
9th Circ. Allows Trump To Federalize National Guard In LA
The Ninth Circuit ruled that President Donald Trump can federalize the California National Guard while the state's lawsuit challenging his mobilization of the troops in Los Angeles plays out, saying the president likely acted under statutory authority that Congress granted.
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June 20, 2025
Justices Let E-Cig Retailers Join Challenge To FDA Prohibition
The U.S. Supreme Court ruled Friday that e-cigarette retailers can challenge the U.S. Food and Drug Administration's denial of product marketing applications, finding manufacturers aren't the only entities that can be adversely affected by the agency's decisions.
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June 20, 2025
High Court Says FCC Orders Not Above District Court Review
The U.S. Supreme Court on Friday ruled that district courts should be allowed to question the slate of regulations that the Federal Communications Commission has issued under the Telephone Consumer Protection Act, further constricting the power of federal agencies to interpret laws.
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June 20, 2025
Justices Say Fuel Groups Can Fight Emissions Waiver
The U.S. Supreme Court on Friday said that fuel industry groups can challenge the U.S. Environmental Protection Agency's Clean Air Act waiver that has allowed California to set its own greenhouse gas emissions standards for vehicles.
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June 20, 2025
4 ERISA Cases To Watch In The 2nd Half Of 2025
The U.S. Department of Labor's challenge to a pair of injunctions blocking Biden-era regulations that broaden who qualifies as an investment advice fiduciary under federal benefits law tops the list of cases benefits attorneys will be watching in the latter half of the year.
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June 18, 2025
Rio Tinto Agrees To $139M Mongolian Mine Suit Settlement
Rio Tinto agreed to pay $139 million to resolve a putative securities class action that accused the mining giant of concealing delays and cost overruns in a $7 billion copper-gold mine development in southern Mongolia, according to a group of investment funds' Wednesday motion for the settlement's preliminary approval.
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June 18, 2025
Texas Judge Vacates Biden-Era HHS Abortion Privacy Rule
A Texas federal judge on Thursday agreed to vacate a U.S. Department of Health and Human Services rule finalized during the Biden administration that aimed to protect the privacy of patients seeking abortions and gender-affirming care, ruling that the HHS didn't have the authority to "fashion special protections" in areas of "great political significance."
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June 18, 2025
Sens., AGs Unite To Raise Alarm On State AI Moratorium
A sweeping proposal being considered by Congress to strip states of the ability to regulate artificial intelligence for a decade would do more harm than good, especially if there continues to be no similar protections in place at the federal level, a bipartisan quartet of U.S. senators and state attorneys general said Wednesday.
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June 18, 2025
Groups Say Feds Violate Flores With Lengthy Child Detention
Children's and legal rights groups on Tuesday evening urged a California federal judge to enforce a decadesold settlement agreement governing the custody of immigrant children, saying migrant children today are being held for prolonged periods in unsafe and unsanitary "prison-like" conditions.
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June 18, 2025
Tesla Says Justices Shouldn't Wait On La. Auto Sales Law
Tesla is asking the U.S. Supreme Court not to push off considering Louisiana regulators' petition seeking to appeal the revival of a lawsuit brought by the electric-car maker targeting the state's ban on direct sales by automakers, even though the state has asked the justices to wait.
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June 18, 2025
Alphabet, Investors Face Judge's Questions Over $500M Deal
A California federal judge has questions about an investor settlement with Google's parent company, Alphabet Inc., which agreed to earmark half a billion dollars over the next 10 years to overhaul its global compliance structure to resolve claims against company leaders of anticompetitive and monopolistic practices.
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June 18, 2025
Toyota Says DOJ Has Closed Thai Bribery Probe
Toyota said Wednesday that the U.S. Department of Justice has closed a long-running Foreign Corrupt Practices Act investigation concerning allegations of bribery at its Thai subsidiary, the latest such probe to be dropped under the Trump administration.
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June 18, 2025
Mississippi Social Media Law Blocked Again By Federal Judge
A Mississippi federal judge reinstated a preliminary injunction Wednesday that blocks a state law requiring digital service providers to verify users' ages and social media platforms to acquire parental consent for a minor's account, preventing it from taking effect after the Fifth Circuit lifted the court's previous injunction.
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June 18, 2025
OCC Orders Earnings, Strategy Overhaul For 'Troubled' Carver
Carver Federal Savings Bank, one of the nation's largest Black-led banks, has agreed to undertake new strategic planning and efforts to improve its earnings in response to regulatory concerns flagged by the Office of the Comptroller of the Currency.
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June 18, 2025
NY Prosecutors Seize Crypto Linked To Social Media Scams
New York Attorney General Letitia James on Wednesday said her office and the Brooklyn District Attorney's Office collaborated to seize and freeze $440,000 worth of cryptocurrency that was stolen via Facebook scams targeting Russian-speaking communities in the city and beyond.
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June 18, 2025
Super Micro Can't Ditch Whistleblower Retaliation Suit
Super Micro Computer cannot escape its former employee's claim that the information technology company unlawfully retaliated against him for acting as a whistleblower to report its misleading accounting practices and other misconduct, a California federal judge ruled Tuesday.
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June 18, 2025
AI Software Co. Cerence's Leaders Beat Shareholder Suit
A Massachusetts federal judge Wednesday tossed a consolidated derivative shareholder suit against the top brass of artificial intelligence software company Cerence Inc. over its revenue reporting, saying the plaintiffs did not make a presuit demand on the company's board and have failed to show that such a demand would have been futile.
Expert Analysis
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Collective Cert. In Age Bias Suit Shows AI Hiring Tool Scrutiny
Following a California federal court's ruling in Mobley v. Workday, which appears to be the first in the country to preliminarily certify a collective action based on alleged age discrimination from artificial intelligence tools used for hiring, employers should move quickly to audit these technologies, say attorneys at Davis Wright.
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Fledgling Crypto ATM Regs May Be Due For A Growth Spurt
As cryptocurrency ATM use and availability become more prevalent within the U.S. financial services ecosystem, states — only a few of which currently have a crypto ATM framework — may need to consider expanding legislation and regulation to accelerate consumer fraud protection practices, says Jason Noto at Polsinelli.
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The Legal Risks Of US Restrictions On Investments In China
The second Trump administration has continued to embrace a more restrictive economic policy toward China, including an ongoing review of further restrictions on the flow of U.S. capital to China, so early planning and enhanced diligence can reduce exposure to the challenges resulting from further restrictions, say attorneys at Cleary.
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How Trucking Cos. Can Keep Rolling Under Tariff Burdens
Recent Trump administration tariffs present major challenges for the transportation and logistics sector — and, in particular, trucking — but providers who focus on operational efficiency, cost control, customer relationships, creative contract structures and unique offerings will stand out from the competition, say attorneys at Benesch.
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UK May Play Major Role In Corporate Misconduct Regulation
In light of the U.S.' pause in Foreign Corrupt Practices Act enforcement, the U.K. Serious Fraud Office has released new guidance showing it may seize the opportunity to play a heightened role in regulating corporate misconduct by U.S. companies with a global presence, particularly over the next few years, say attorneys at Paul Weiss.
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Tariff Strategies For The US Renewable Energy Sector
The Trump administration's tariff actions over the last few months are challenging for the renewable energy industry — but there are strategies for contending with the uncertainty, including diversifying supply chains, seeking certification about equipment origins, and adding tariff-related language to supply contracts and offtake agreements, say attorneys at Sheppard Mullin.
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Series
Playing Poker Makes Me A Better Lawyer
Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.
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3 Tax Issues Manufacturers Should Watch In 2025 Budget Bill
As Congress works toward a budget reconciliation bill, manufacturing companies should keep a keen eye on proposals to change bonus depreciation, the qualified business income deduction and energy tax credits, which could have a significant impact on capital-intensive industries, say attorneys at Frost Brown Todd.
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Key Aspects Of FDIC's Resolution Planning FAQ
The Federal Deposit Insurance Corp.'s recent FAQ on changes to its resolution plan rule ease burdensome requirements for some large institutions and exempt others from discussion of franchise components, making it easier for banks to finalize submissions before the July 1 deadline, say attorneys at Moore & Van Allen.
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Trump Rule Would Upend Endangered Species Status Quo
The Trump administration's recent proposal to rescind the regulatory definition of "harm" in the Endangered Species Act would be a tectonic shift away from years of established regulatory practice, with major implications for both species protection and larger-scale conservation efforts, says David Smith at Manatt.
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Chancery Ruling Raises Bar For Advance Notice Bylaws Suits
The Delaware Court of Chancery's recent ruling in Siegel v. Morse will make it more difficult for plaintiffs to successfully challenge advance notice bylaws before the emergence of an actual or threatened proxy contest, presumably reducing the occurrence of such challenges, say attorneys at Venable.
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DOJ Memo Raises Bar For Imposition Of Corporate Monitors
A recently released U.S. Department of Justice memo, outlining guidance on the imposition of compliance monitors in corporate criminal cases, reflects DOJ leadership’s concerns about scope creep and business costs, but the strategies for companies to avoid a monitorship haven't changed much compared to the Biden era, says James Koukios at MoFo.
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Series
Law School's Missed Lessons: Becoming A Firmwide MVP
Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.
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How NY's FAIR Act Mirrors CFPB State Recommendations
New York's proposed FAIR Business Practices Act, which targets predatory lending and junk fees, reflects the Rohit Chopra-era Consumer Financial Protection Bureau's recommendations to states in a number of ways, including by defining "abusive" conduct and adding a new right to file class actions, says Christian Hancock at Bradley Arant.
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Expect Eyes On Electronic Devices At US Entry Points
Electronic device searches are becoming common at U.S. border inspections, making it imperative for companies to familiarize themselves with what's allowed, and mandate specific precautions for employees to protect their privacy and sensitive information during international travel, say attorneys at Seyfarth.