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Compliance
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April 23, 2025
Senate Panel To Vote On Trump FCC Nominee Next Week
The Senate Commerce Committee plans to vote on the nomination of Olivia Trusty to the Federal Communications Commission on April 30.
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April 23, 2025
Feds Oppose Ex-Conn. Official's 'Troubling' Greece Trip Plan
Federal prosecutors on Wednesday opposed a twice-indicted ex-Connecticut budget official's request to spend six weeks in Greece visiting family as he awaits twin corruption trials, citing a skipped deadline to relinquish guns and the risk that he might use Greek citizenship to evade justice.
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April 23, 2025
FINRA Acts On Entrex Application After SEC Gets Complaint
The Financial Industry Regulatory Authority has approved Entrex Carbon Market Inc.'s requests for a name change and approval of stock splits, shareholders of the carbon offset trading platform have said, although they indicated they will proceed pursuing structural reforms at the self-regulating watchdog of brokers.
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April 23, 2025
Meta MDL Judge Doubts Insurers' Bid To Kick Fight To Del.
A California federal judge presiding over sprawling social media personal injury multidistrict litigation doubted on Wednesday insurers' arguments their multimillion-dollar coverage fight with Meta belongs in Delaware state court, questioning how moving the case would preserve judicial resources, while observing that Hartford's pre-litigation conduct may have been in bad faith.
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April 23, 2025
Justices Hint That Fuel Groups Can Fight Emissions Waiver
U.S. Supreme Court justices on Wednesday appeared to back a contention from fuel industry groups that they have standing to challenge the U.S. Environmental Protection Agency's Clean Air Act waiver allowing California to set its own greenhouse gas emissions standards for vehicles.
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April 23, 2025
Severance Deal Bars 401(K) Suit, Whataburger Tells 5th Circ.
Whataburger asked the Fifth Circuit on Wednesday to uphold the dismissal of an ex-worker's suit claiming the company failed to trim underperforming investment funds from its $215 million retirement plan, stating the lower court correctly found a release he signed doomed his case.
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April 23, 2025
Plastic Co. Asks 1st Circ. To Undo Class Cert In PFOA Suit
Saint-Gobain Performance Plastics Co. told the First Circuit that a New Hampshire federal judge's overly broad class certification for plaintiffs claiming it contaminated thousands of properties with a toxic forever chemical must be reversed, arguing that it opened courthouse doors to uninjured class members.
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April 23, 2025
Sandoz, Novartis Cut Price-Fixing Deal With South Carolina
Sandoz Inc. and Fougera Pharmaceuticals Inc. have struck a deal with the state of South Carolina to resolve claims that they and Sandoz's former parent company, Novartis AG, engaged in a price-fixing conspiracy to inflate the price of certain generic drugs.
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April 23, 2025
Citi Gets NY AG's Suit Paused For 2nd Circ. Review
Citibank can appeal a ruling in a lawsuit brought by the New York attorney general over the bank's response to incidents of online wire transfer fraud, with a federal judge saying that while he does not think the bank will prevail on appeal, its arguments "merit serious consideration."
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April 23, 2025
New Mexico Wildfire Sparks Suit Against Federal Government
The federal government is being hit with a lawsuit challenging the U.S. Forest Service's alleged failure to follow its own prescribed burn plan, saying the lapse eventually led to the destruction of nearly 46,000 acres in the Jemez Mountains in New Mexico.
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April 23, 2025
Costco Hit With Suit Over iPhone Warranty Omissions
Costco is the target of a proposed class action claiming the big box retailer sold iPhones without disclosures required under Washington state consumer protection laws, including omitting the terms of warranties and how much it costs for repairs.
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April 23, 2025
6th Circ. Preserves Enbridge's Pipeline Suit Against Mich.
The Sixth Circuit on Wednesday said Enbridge Energy LP can pursue its lawsuit challenging Michigan's decision to revoke an easement for a natural gas and oil pipeline, rejecting the state's argument that it was protected by sovereign immunity.
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April 23, 2025
Ex-Rabobank Exec Seeks $5M To Cover OCC Fight Legal Bill
A former Rabobank chief compliance officer has asked the Ninth Circuit to award her more than $5 million in attorney fees and expenses to cover both her defense of a now-discontinued Office of the Comptroller of the Currency enforcement action and her unsuccessful lawsuit to get the matter expunged.
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April 23, 2025
Genetic Testing Co., Marketer Settle FCA Case For $6M
A genetic testing company, marketing firm, and their top executives have agreed to pay $6 million to resolve the government's allegations that they billed Medicare for unnecessary medical tests, in violation of the False Claims Act.
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April 23, 2025
FCA Suit Over Allergan's Alleged Kickbacks Trimmed
An Illinois federal judge on Wednesday pared down a lawsuit by former Allergan USA pharmaceutical sales reps claiming the company engaged in a scheme to provide kickbacks to doctors in exchange for prescribing more gastrointestinal drugs, saying they largely failed to show enough of a link between the alleged kickbacks and any false claims to the government for prescriptions.
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April 23, 2025
Ariz. Bars Property Values Above Local Assessor Valuations
Arizona barred county board rulings in property valuation disputes from exceeding the valuation determined by a local assessor under a bill signed by Gov. Katie Hobbs.
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April 23, 2025
Ex-Atlanta Atty Asks 11th Circ. To Revive Sex Harassment Suit
A former attorney for the city of Atlanta urged the Eleventh Circuit on Wednesday to revive her sexual harassment and disability discrimination suit against the city alleging she was fired after complaining that her boss, a prominent civil rights lawyer, made sexual advances towards her.
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April 23, 2025
Yelp's Antitrust Case Against Google Didn't Come Too Late
A California federal court has refused to toss Yelp's case accusing Google of monopolizing the local search market, despite arguments that it came too late, but trimmed several claims Yelp will have a chance to fix before moving ahead with the long-simmering dispute.
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April 23, 2025
Skadden Adds Partner To NY Financial Institutions Group
Skadden has bolstered its New York-based team of finance attorneys with the addition of a longtime Covington partner into the firm's financial institutions group who brings with him more than two decades of experience including in-house and BigLaw work.
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April 23, 2025
FCC Seeks Industry Data In Probing T-Mobile, UScellular Deal
The Federal Communications Commission has sought data from more than half a dozen telecom and cable companies as it probes T-Mobile's planned $4.4 billion merger with UScellular's wireless operations.
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April 23, 2025
NJ AG Sues RealPage, Landlords, Claiming Rent Price 'Cartel'
RealPage Inc. and 10 of New Jersey's largest landlords are colluding to raise rents in violation of state and federal antitrust and consumer protection laws, forcing Garden State residents to overpay for housing, Attorney General Matt Platkin claimed Wednesday in a federal lawsuit.
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April 23, 2025
Bernstein Litowitz Looks To Hire SEC's Ex-Top Crypto Cop
Investor-side firm Bernstein Litowitz Berger & Grossmann LLP has disclosed in a court filing that it is seeking to hire Jorge Tenreiro, the former head of the U.S. Securities and Exchange Commission's crypto enforcement unit as well as the onetime chief of the agency's entire litigation team.
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April 23, 2025
AI Entrepreneur In Talks To Resolve $10M Fraud Case
The founder of an education-based artificial intelligence company accused of fleecing investors of $10 million is in talks with prosecutors to resolve the case, according to a Wednesday letter.
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April 23, 2025
Apple, Meta Fined €700M In 1st Penalty Under EU Tech Rules
The European Commission said Wednesday it has fined Apple Inc. €500 million ($570 million) and Meta €200 million for failing to give consumers choices on offers and how their personal data is used — the first decision under the bloc's Digital Markets Act.
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April 22, 2025
Fed's Buffer Plan Marks Start Of Stress Test Reform 'Journey'
The Federal Reserve entered a new era last week with a proposal to smooth out fluctuations in a key capital requirement for big banks, making an opening move toward what industry experts see as potentially much bigger stress-testing reforms on the horizon.
Expert Analysis
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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Considering The Future Of AI Regulation On Health Sector
As Texas looks to become the next state to pass a comprehensive law regulating artificial intelligence, the healthcare industry should consider how AI regulation will continue to evolve in the U.S. and how industry members can keep up with compliance considerations, say attorneys at Kirkland & Ellis.
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30 Years Later: How PSLRA Has Improved Securities Litigation
In the 30 years since the Private Securities Litigation Reform Act's passage, the statute has achieved its purpose of shifting securities class actions to investors most capable of monitoring the litigation, selecting competent counsel at competitive rates and maximizing recoveries for the investor classes they represent, say attorneys at Bernstein Litowitz.
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How Banks Can Prepare For NYDFS Overdraft Overhaul
The New York State Department of Financial Services' recent proposal to amend overdraft rules for financial institutions underscores states' potential to create consumer protection mechanisms in the absence of meaningful federal action, say attorneys at Steptoe.
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Terraform Case May Be Bellwether For Crypto Enforcement
The prosecution of crypto company Terraform Labs and its CEO, Do Kwon, offers a unique test of the line between lawful and unlawful conduct in digital transactions, and the Trump administration’s posture toward the case will provide clues about its cryptocurrency enforcement agenda in the years to come, say attorneys at Brooks Pierce.
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Contractor Liability When Directing Subcontractor Workforce
A recent Virginia Court of Appeals decision that rejected a subcontractor employee’s tortious interference claim should prompt prime contractors to consider how to mitigate liability risk associated with directing a subcontractor to remove its employee from a federal project, say attorneys at Venable.
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What's Next For Russia Sanctions After Task Force Disbanded
Attorney General Pam Bondi’s recent disbanding of Task Force KleptoCapture, which was initially aimed at seizing Russian oligarchs’ funds and assets, is unlikely to mean the end of Russia sanctions enforcement and other economic countermeasures, as the architecture for criminal enforcement remains in place, say attorneys at BakerHostetler.
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Texas Banking Dept. Memo Demystifies Crypto Classifications
A recent memorandum from the Texas Department of Banking provides clarity with respect to the classification of both stablecoins and nonstablecoin virtual currencies under the state's Money Services Modernization Act, flagging for firms that stablecoins may be scrutinized more closely as money transmission, say attorneys at Lowenstein Sandler.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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What Remedies Under New Admin's SEC Could Look Like
The U.S. Securities and Exchange Commission is likely to substantially narrow the remedies it pursues over the next few years, driven by the mounting challenges it faces in court, as well as the views of its incoming chair and fellow Republican commissioners on injunctions, penalties and disgorgement, say attorneys at Milbank.
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Handbook Hot Topics: Back To Basics After Admin Change
Having an up-to-date employee handbook is more critical now than ever, given the recent change in administration, and employers should understand their benefits and risks, including how they can limit employers’ liability and help retain employers’ rights, say Kasey Cappellano and Meaghan Gandy at Kutak Rock.
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Texas Fraud Case Shows Dangers Of Faulty Crypto Reporting
The recent sentencing of a man who failed to properly report capital gains from bitcoin sales is a reminder that special attention must be given to the IRS' reporting requirements in order to stay out of the government's crosshairs, says Saverio Romeo at Fox Rothschild.
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Potential Impacts Of IRS' $1M Affiliate Pay Deduction Cap
If finalized, a recent Internal Revenue Service proposal expanding Section 162(m) of the Internal Revenue Code to include the highly compensated employees of affiliates would make tracking which executives may be subject to the limit from year to year far more complex, say attorneys at Debevoise.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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BlackRock Suit Highlights Antitrust Risks Of ESG
In Texas v. BlackRock, pending in Texas federal court, 13 state attorneys general are suing large institutional investors in the coal business, underscoring key reasons companies may want to alter their approach to developing and implementing policies related to environmental, social, and governance factors, especially if coordination with competitors is involved, say attorneys at Manatt.