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Compliance
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November 03, 2025
2nd Circ. Urged To Revive Norfolk Southern Fraud Suit
The Second Circuit was told Friday that a proposed securities fraud class action against Norfolk Southern Corp. investors should be revived, as the rail giant misled investors by falsely extolling safety commitments while the company winnowed its workforce and cut costs.
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November 03, 2025
OpenAI Seeking Rejected DOJ Search Fixes, Google Says
Google urged a D.C. federal judge Monday not to let OpenAI wade into the U.S. Department of Justice's case against its search monopoly, arguing the ChatGPT maker is too late and is advocating for help "grounding" its artificial intelligence model, even though the judge explicitly rejected just such a remedy.
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November 03, 2025
Meat Giant JBS Inks $1.1M NY AG Deal Over Climate Claims
New York Attorney General Letitia James announced Monday that JBS USA Food Co. and an affiliated holding company will pay $1.1 million to support climate-focused agriculture programs in the state as part of a settlement over allegations they misled the public about efforts to reduce their carbon footprint.
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November 03, 2025
IEX Blasts Citadel Securities' 'Campaign' To Block Exchange
Investors Exchange LLC is pushing back against Citadel Securities LLC's attempt to stop it from going live with a new options exchange, telling the Eleventh Circuit that the high-frequency trading firm has run a decade-long "campaign to impede IEX and preserve its competitive advantages."
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November 03, 2025
FINRA Fines Firm $10M Over Excessive Client Gifts
The Financial Industry Regulatory Authority accused Illinois-based securities wholesaler First Trust Portfolios LP of repeatedly violating gift-giving rules to incentivize clients to sell its products, fining the firm $10 million for buying clients tickets to sporting events and concerts "that significantly exceeded FINRA limits."
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November 03, 2025
3rd Circ. Says FBI, US Attorneys Fumbled FOIA Requests
The Third Circuit partially revived a Freedom of Information Act lawsuit lodged by a man convicted of mortgage fraud on Monday, agreeing that the Federal Bureau of Investigation and the Executive Office for United States Attorneys lacked justification for failing to give him certain information he asked for.
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November 03, 2025
SafeSport Says Coach's Claims Fail After His Arbitration Win
U.S. Gymnastics officials have asked a New Jersey federal court to toss the lawsuit brought by a coach who was temporarily suspended over abuse allegations, arguing he lacks standing to bring his case in court since he was reinstated following arbitration and there is no relief to provide.
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November 03, 2025
Mass. Justices Hint Charter Schools Must Obey Records Law
Justices on Massachusetts' highest court on Monday appeared skeptical of arguments that a publicly funded charter school, unlike its city- and town-operated counterparts, is not subject to the state's public records law.
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November 03, 2025
2 Doctrines Likely To Direct Justices' Review Of Trump Tariffs
When the U.S. Supreme Court hears oral arguments Wednesday over whether President Donald Trump can impose tariffs under the International Emergency Economic Powers Act, it will likely test two doctrines the justices have recently considered: the major questions and nondelegation doctrines.
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November 03, 2025
Parking Lot Sign Isn't A Contract, Drivers Tell Fla. Court
A proposed class of individuals suing a Georgia company for allegedly accessing confidential DMV records urged a Florida federal court to let their amended lawsuit proceed, saying it can't win on its argument that the text of a street sign showing the consequences of nonpayment for parking constitutes a contract.
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November 03, 2025
DC Circ. Fight Grows Over Energy Dept.'s Coal Plant Order
The U.S. Department of Energy is facing an expanded challenge over its move to keep a Michigan coal-fired power plant open, as Illinois and Minnesota have asked the D.C. Circuit to overturn the agency's extension of its emergency order through Nov. 19.
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November 03, 2025
Calif. Can't Enforce 'Clean Trucks' Pact, Judge Says
California cannot enforce a 2023 agreement that would have subjected heavy-duty truck manufacturers to stringent state emissions standards and stiff penalties for noncompliance, after a federal judge signaled that federal law likely preempts the Golden State's standards.
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November 03, 2025
Williams & Connolly Loses FOIA Suit For Halkbank Documents
Federal agencies including U.S. Immigration and Customs Enforcement have fulfilled their obligations responding to certain Freedom of Information Act requests made by Williams & Connolly LLP in connection with its defense of Turkish state-owned bank Halkbank, a D.C. federal judge has determined.
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November 03, 2025
Fla. Cannabis Banking Biz Broke Law, Investor Suit Says
An investor in Florida-based First National Bank of Pasco hit the bank with a lawsuit alleging that its inability to manage lending to cannabis industry operators has made it prone to regulatory scrutiny and financial harm, including a recent investigation by the Office of the Comptroller of the Currency.
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November 03, 2025
Memphis Airport Sues Signage Co. Over $9M Contract
The owner and operator of Memphis International Airport has told a Tennessee federal court that a Nebraska company failed to deliver on a $9.4 million airfield signage replacement project, alleging the work has been plagued by chipping and peeling paint.
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November 03, 2025
Chancery Considers Reviewing Icahn's Illumina Settlement
A Delaware Chancery Court hearing on resolving class and derivative claims over Illumina fiduciary data breaches connected to the company's $8 billion acquisition of Grail Inc. was sidelined Monday by questions over a private settlement.
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November 03, 2025
Appeals Court Gives Fired HR Directors 2nd Shot At RICO Suit
A trial court jumped the gun in tossing a lawsuit against a construction company by two ex-human resource directors who claimed they were fired for raising concerns about fraudulent work authorization records, the Georgia Court of Appeals has ruled.
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November 03, 2025
Tribe, Coalition Fight 9th Circ. Bid To Nix Ariz. Land Exchange
An Apache tribe and conservation groups are fighting a Ninth Circuit bid to dismiss their efforts to block a 2,500-acre land exchange within Tonto National Forest, saying the federal government and mining company's arguments inaccurately center on a sentence in the 2014 Southeast Arizona Land Exchange and Conservation Act.
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November 03, 2025
Disney Blames Lack Of 'Good Faith' In YouTube Blackout
Disney has sought to put the blame at YouTube's feet over the blackout of Disney programs on YouTube TV that stemmed from a breakdown of carriage talks, as the cable industry called for congressional reforms to stop future blackouts from happening.
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November 03, 2025
Dorsey & Whitney Opens In Chicago, Joining Other Firms
Dorsey & Whitney LLP announced Monday that it has opened a Chicago office led by a U.S. Securities and Exchange Commission alumnus from Perkins Coie, who arrives along with six colleagues.
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November 03, 2025
Compass Says Zillow Ban Update Proves Its Point
Real estate brokerage Compass Inc. told a New York federal court Friday that an update on Zillow's website regarding its implementation of an allegedly anticompetitive policy only provides further support for its request to block the policy, days ahead of a preliminary injunction hearing.
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November 03, 2025
5th Circ. Asks If New Review Needed For Texas Gas Facility
A Fifth Circuit panel pressed the Texas Commission on Environmental Quality to explain whether it can greenlight an extension for construction of a liquefied natural gas facility without again reviewing facility emissions, asking Monday what to do with language in the law seemingly calling for another review.
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November 03, 2025
New Loan Forgiveness Rule Targets Trump Critics, States Say
Two lawsuits filed Monday, one by a coalition of states and the other by a group of cities, unions and advocacy organizations, are challenging a new Trump administration rule imposing "intentionally vague" and allegedly illegal restrictions on student loan forgiveness for public employees intended to stifle dissent.
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November 03, 2025
StraightPath Stock Clients Got Paid, Not Duped, NY Jury Told
Securities vendor StraightPath paid profit-hungry clients "a ton of money," counsel for one of its three founders told a Manhattan federal jury Monday, pushing back after prosecutors cited "overwhelming" evidence of fraud in an alleged $400 million "web of lies."
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November 03, 2025
DOJ Probes Nexstar's $6.2B Deal For Tegna
The U.S. Department of Justice has requested additional information about Nexstar's planned $6.2 billion purchase of rival broadcast company Tegna, extending a waiting period that gives enforcers time to review the merger's impact on competition.
Expert Analysis
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Series
Writing Musicals Makes Me A Better Lawyer
My experiences with writing musicals and practicing law have shown that the building blocks for both endeavors are one and the same, because drama is necessary for the law to exist, says Addison O’Donnell at LOIS Law.
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How Fashion, Tech Can Maximize New Small Biz Tax Breaks
Fashion and technology companies, which invest heavily in innovation, should consider taking advantage of provisions in the One Big Beautiful Bill Act that favor small businesses, restructuing if necessary to become eligible for expanded research and experimental expenditure credits and qualified small business stock incentives, says Aime Salazar at Olshan Frome.
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Steps To Take As States Expand Foreign-Influence Bans
As efforts to curb foreign-influenced corporate political spending continue, companies should be aware of the nuances of related laws and layer an additional analysis when assessing legality of foreign engagement, say attorneys at Steptoe.
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Genius Act Poses Strategic Hurdles For Community Banks
The pace of change in digital asset policy, including the recent arrival of the Genius Act, suggests that strategic planning should be a near-term priority for community banks, with careful attention to customer relationships, regulatory developments and the local communities they serve, say attorneys at Jones Walker.
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Series
Adapting To Private Practice: From Va. AUSA To Mid-Law
Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.
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Transmission Security Has A Critical Role In Healthcare
In light of the U.S. Department of Health and Human Services' Office of Civil Rights' continuing enforcement initiative focusing on businesses' accurate and thorough security risk assessments under the Health Insurance Portability and Accountability Act, covered entities should not neglect the importance of transmission security, says John Howard at Clark Hill.
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Considerations For Cos. Amid Wave Of CFPB Vacatur Bids
As some entities look to vacate prior voluntary agreements with the Consumer Financial Protection Bureau, there are several considerations companies should take into account before seeking to vacate their settlements in the current legal and regulatory environment, says Jasmine Jean-Louis at Goodwin.
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How 5th Circ.'s NLRB Ruling May Reshape Federal Labor Law
The Fifth Circuit's recent SpaceX National Labor Relations Board decision undermines the agency's authority, but it does not immediately shut down NLRB enforcement, so employers and labor organizations should expect more litigation, more uncertainty and a possible U.S. Supreme Court showdown, say attorneys at Goldberg Segalla.
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7 Document Review Concepts New Attorneys Need To Know
For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.
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Reports Of Chemical Safety Board's Demise Are Premature
Despite the Trump administration's proposal to close down the U.S. Chemical Safety and Hazard Investigation Board, companies should note that the agency recently enforced its accidental release reporting rule for the first time, is conducting ongoing investigations and expects more funding from Congress, say attorneys at Conn Maciel.
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FTC Actions Highlight New Noncompete Enforcement Strategy
Several recent noncompete-related actions from the Federal Trade Commission — including its recent dismissal of cases appealing the vacatur of a Biden-era noncompete ban — reflect the commission's shift toward case-by-case enforcement, while confirming that the agency intends to remain active in policing such agreements, say attorneys at Debevoise.
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Ruling On Labor Peace Law Marks Shift For Cannabis Cos.
Currently on appeal to the Ninth Circuit, an Oregon federal court’s novel decision in Casala v. Kotek, invalidating a state law that requires labor peace agreements as a condition of cannabis business licensure, marks the potential for compliance uncertainty for all cannabis employers in states with labor peace mandates, say attorneys at Sheppard Mullin.
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Deference Ruling Could Close The FAR Loophole
A recent U.S. Court of Federal Claims decision may close a loophole in the Federal Acquisition Regulation that allows agencies to circumvent the Trade Agreements Act, significantly affecting federal pharmaceutical procurements and increasing protests related to certain Buy American Act waivers, say attorneys at Polsinelli.
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Senate Bill Could Overhaul Digital Asset Market Structure
The Senate Banking Committee's draft Responsible Financial Innovation Act would not only clarify the roles and responsibilities of financial institutions engaging in digital asset activities but also impose new compliance regimes, reporting requirements and risk management protocols, say attorneys at Troutman.
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How Trump's Space Order May Ease Industry's Growth
President Donald Trump's recent executive order aimed at removing environmental hurdles for spaceport authorization and streamlining the space industry's regulatory framework may open opportunities not only for established launch providers, but also smaller companies and spaceport authorities, say attorneys at Morgan Lewis.