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Compliance
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September 29, 2025
CFTC Illegally Blocking Fantasy Site's Application, Court Told
A fantasy sports company is challenging the Commodity Futures Trading Commission's move to intervene in its application to become a licensed broker for derivatives trading, saying its application has been stalled in front of the industry's regulating body despite meeting all the requirements.
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September 29, 2025
4th Circ. Rejects NCAA's Bid To Expedite Eligibility Appeal
The Fourth Circuit declined to fast track the briefing in an appeal of an injunction that paused the NCAA's eligibility rules and gave four West Virginia University athletes another year to play football.
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September 29, 2025
Why $2.5B Might Not Be Enough In FTC's Amazon Settlement
As the Federal Trade Commission and some observers hailed Amazon's $2.5 billion deal over its Prime membership practices as a milestone to protect consumers from manipulative tactics, others doubted the 10-figure settlement will be enough to hold the company accountable following a case it had seemed likely to lose.
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September 29, 2025
IRS Finalizes Income Rules For Housing Tax Credit Projects
The U.S. Department of the Treasury and Internal Revenue Service published finalized rules for housing tax credit developers opting to use an average-income test to set rents for affordable housing projects, aiming to reduce the risk of disqualification if a unit falls out of compliance.
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September 29, 2025
10th Circ. Backs DOJ's Prosecution Of Okla. Cannabis Atty
The Tenth Circuit has decided that the federal prosecution of an Oklahoma attorney accused of helping clients bypass the state's medical marijuana laws could proceed despite a federal policy that bars the U.S. Department of Justice from using funds to target state legal medical cannabis activity.
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September 29, 2025
Wells Fargo Defends $400K Award Against Ex-Adviser
Wells Fargo urged a North Carolina federal court to reject a bid from a former financial adviser to vacate a nearly $400,000 arbitration award entered against him, arguing that the ex-employee has failed to meet the high burden required for court interference.
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September 29, 2025
Airbnb Rental Violates Zoning Rules, Conn. Town Says
An Airbnb listing for a "poolside retreat" with 10 beds violates a Connecticut town's zoning ordinance because it is commercial in nature, not residential, according to an enforcement action that asks a state court to shut down the enterprise for good.
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September 29, 2025
Ga. HVAC Co. Hit With Wage Theft Collective Action
A west Georgia heating and air company was hit with a proposed collective action Friday from a former worker who said the company violated federal labor laws by docking the pay of its service and installation technicians and refusing to compensate them for their travel time between jobsites.
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September 29, 2025
Trump Admin Opens Lands, Wallets To Boost US Coal
The Trump administration on Monday announced a suite of actions to help boost the U.S. coal industry, including opening up more federal lands to coal leasing and providing compliance relief and federal funding for coal-fired power plants.
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September 29, 2025
FTC Tightens Fixes For $13B Omnicom-Interpublic Deal
The Federal Trade Commission is requiring a monitor to oversee Omnicom's compliance with the conditions put on its $13.5 billion deal for Interpublic preventing the marketing giant from working with others to steer advertising away from publishers based on their political viewpoints.
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September 29, 2025
Ex-Frank CEO Gets 7 Years Over Soured JPMorgan Deal
Frank founder and former CEO Charlie Javice was sentenced Monday to more than seven years in prison following her conviction at trial for conning JPMorgan Chase & Co. into buying the now-shuttered student financial aid startup for $175 million by lying about its user base.
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September 29, 2025
NC Judge Tosses Challenge To Biden-Era H-2A Wage Rule
A North Carolina federal judge on Monday threw out a two-year-old lawsuit challenging the U.S. Department of Labor's wage rule for certain temporary farmworkers after a judge in Louisiana permanently blocked the new wage calculations from taking effect.
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September 29, 2025
NY's Top Financial Services Regulator Is Stepping Down
The head of the New York State Department of Financial Services is stepping down next month and will be replaced on an interim basis by the chief of its fintech-focused innovation division, New York Gov. Kathy Hochul said Monday.
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September 26, 2025
CFPB Hires Ex-Lobbyist For Top Policy Job Amid Rollbacks
The Consumer Financial Protection Bureau has tapped a veteran financial industry lobbyist for a top policymaking job that will position him to spearhead the Trump administration's push to roll back regulation at the agency, Law360 has learned.
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September 26, 2025
Trump Demands Microsoft Fire Ex-Biden Deputy AG Monaco
President Donald Trump on Friday demanded that Microsoft fire its new President of Global Affairs Lisa Monaco, deputy attorney general in the Biden administration and homeland security adviser in the Obama administration, in what seems to be the president's latest effort to exact revenge on his perceived political enemies.
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September 26, 2025
Ad Tech Judge Told Google Shouldn't Control Auctions
The head of an industry consortium that could have an important role in breaking up Google's advertising placement technology business told a Virginia federal judge Friday that the Justice Department should be able to take away Google's control over the processes that pick where ads are placed.
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September 26, 2025
Trump Says Cook Can't Rely On 'Mantra' Of Fed Independence
The Trump administration Friday fired back at Federal Reserve Gov. Lisa Cook's argument that the Fed's independence is at stake if the president is allowed to fire her, arguing before the U.S. Supreme Court that Cook invokes "the mantra of Federal Reserve independence" to impose removal protections Congress never enacted.
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September 26, 2025
Real Estate Recap: EB-5 Evolving, Insurance Impact, $1B Buy
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including insights into the EB-5 industry amid President Donald Trump's "gold card" investment visa rollout, higher insurance premiums affecting commercial real estate companies, and New York City's first single-asset real estate deal this year to break $1 billion.
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September 26, 2025
DC Circ. Examines FERC's Revised Grid Hookup Policy
The D.C. Circuit is set to decide whether the Federal Energy Regulatory Commission made a mistake when overhauling its policy for hooking up new power projects to the grid, after spending the entire morning and part of the afternoon Friday going over the penalty framework.
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September 26, 2025
9th Circ. Nixes Murder Restitution Over Spousal Interest
The federal government cannot seize as restitution a retirement account belonging to a man sentenced to life in prison for murdering two of his U.S. Coast Guard colleagues at an Alaska maintenance facility in 2012 because his wife has an interest in the account, a Ninth Circuit panel ruled Friday.
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September 26, 2025
SEC To Weigh Waivers Alongside Enforcement Settlements
U.S. Securities and Exchange Commission Chair Paul Atkins announced Friday the agency will return to a practice of allowing firms to request waivers from follow-on consequences of enforcement actions while they pursue settlement discussions to resolve their case.
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September 26, 2025
Swizz Beatz Can't Avoid $7.3M 1MDB Fraud Case
A New York federal judge on Friday denied hip-hop artist Swizz Beatz's bid to dismiss a lawsuit that alleges he received millions of dollars in the infamous 1Malaysia Development Berhad fraud scandal, saying liquidators for two alleged shell companies sufficiently alleged fraudulent transfers of funds among other claims.
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September 26, 2025
Semler Scientific, Bard To Pay $37M To End FCA Claims
The Department of Justice announced on Friday that two companies have agreed to pay nearly $37 million to resolve claims that they knowingly recommended healthcare providers submit erroneous Medicare claims for tests for diagnosing artery disease.
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September 26, 2025
Judge Criticizes Push For Harsher Sentence In CytoDyn Case
A Maryland judge on Friday blasted federal prosecutors for seeking an enhanced sentence for a former biotech executive convicted of fraud for his role in the CytoDyn stock inflation scheme, saying the government wanted a harsher sentence for allegations he was already acquitted of at trial.
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September 26, 2025
Calif. Power Market Law Is A Clean Energy Game-Changer
California's recent passage of a law further expanding its electricity markets beyond its borders could catalyze clean energy project development in the Golden State, as well as other states throughout the West.
Expert Analysis
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How Tariffs Can Affect Event Studies In Securities Litigation
When the control period is calm and the event window is stormy — often the case with breaking political or economic developments, like President Donald Trump's recent tariff announcements — traditional event study methodology can increase the risk of misleading conclusions in securities litigation, say economic consultants at NERA.
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How To Prep For Potential Passage Of SAFER Banking Act
The Secure and Fair Enforcement Regulation, or SAFER, Banking Act, could fundamentally reshape how financial institutions interact with cannabis businesses, so operators that move now to get their house in order will be best positioned to capitalize if and when change comes, says Alex Leonowicz at Howard & Howard.
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How Proposed FAA Rule May Streamline Drone Operations
The Federal Aviation Administration's recent proposed rule on autonomous drone delivery operations offers a more streamlined approach, by shifting away from the current pilot-centered framework and placing safety and operational responsibility at the level of the operator's organization, say Amanda Losacco and Jessica Monahan at Cozen O'Connor.
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What To Expect From 401(k) Plan Alternative Assets Order
The executive order this month making it easier for retirement plans to invest in alternative assets, including private equity, real estate and digital assets, marks a watershed moment for democratizing access to private markets, but the U.S. Department of Labor's anticipated formal rulemaking will also be impactful, say attorneys at Simpson Thacher.
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The Future Of Lab-Test Regs After FDA Rescinds Rule
The U.S. Food and Drug Administration recently rescinded its laboratory-developed tests rule in response to a Texas federal court decision this spring, reinforcing a separation of authority between the FDA and the Centers for Medicare & Medicaid Services, and calling into question the FDA's role in overseeing such tests without congressional action, say attorneys at Venable.
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How AI Is Easing Digital Asset Recovery In Fraud Cases
In combination with recent legislation and a maturing digital asset infrastructure, artificial intelligence tools are making it easier to recover stolen assets, giving litigants a more specific understanding of financial fraud earlier in the process and making it economically feasible to pursue smaller fraud claims, says Solomon Shinerock at Lewis Baach.
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Sanctions Considerations For Reentering The Syrian Market
Reentering or opening new markets in Syria, now that the Trump administration has revoked certain long-standing sanctions and export controls, necessitates increased due diligence and best practices capable of adapting to a changing local environment as well as future changes in U.S. law, say attorneys at Nixon Peabody.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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Despite SEC Reset, Private Crypto Securities Cases Continue
While the U.S. Securities and Exchange Commission under the Trump administration has charted a new approach to crypto regulation, the industry still lacks comprehensive rules of the road, meaning private plaintiffs continue to pursue litigation, and application of securities laws to crypto-assets will be determined by the courts, say attorneys at Skadden.
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State AGs Are Turning Up The Antitrust Heat On ESG Actions
Recent antitrust developments from red state attorneys general continue a trend of environmental, social and governance scrutiny, and businesses exposed to these areas should conduct close examinations of strategy and potential material risk, say attorneys at Morgan Lewis.
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Crypto Custody Guidelines Buoy Both Banks And Funds
A statement released last month by banking regulators — highlighting risks that the agencies expect banks holding crypto-assets to mitigate — may encourage more traditional institutions to offer crypto-asset safekeeping and thereby offer asset managers more options for qualified custodians to custody crypto-assets for their clients, say attorneys at Dechert.
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Top Takeaways From Trump's AI Action Plan
President Donald Trump's AI Action Plan represents some notable evolution in U.S. policy, including affirmation of the administration's trend toward prioritizing artificial intelligence innovation over guardrails and toward supporting greater U.S. private sector reach overseas, say attorneys at WilmerHale.
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Navigating Executive Perk Enforcement Under Trump Admin
While the U.S. Securities and Exchange Commission recently signaled a softer approach to executive perks, companies should remain vigilant due to the bipartisan and lengthy nature of executive perquisite cases and Chairman Paul Atkins' previous support for disclosure requirements, say attorneys at Gibson Dunn.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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Opinion
8th Circ. Should Reaffirm False Commercial Speech's Nature
The Eighth Circuit in Goldfinch Laboratory v. Iowa Pathology Associates should assert that false commercial speech is not categorically immune from antitrust scrutiny, says Daniel Graulich at the Federal Trade Commission.