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Compliance
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May 12, 2025
More Than Defaults: Google Judge Mulls AI, Search, Browsers
A D.C. federal judge has three weeks to figure out the last questions he'll ask the U.S. Department of Justice and Google before laying out search monopolization remedies that could help shape the way consumers search, browse and use artificial intelligence.
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May 12, 2025
SIFMA Calls On SEC To Develop 'Clear' Crypto Framework
The Securities Industry and Financial Markets Association has sent lengthy feedback to the U.S. Securities and Exchange Commission on how it views the agency's responsibilities toward crypto investors, calling on the agency to adopt a "clear, consistent and consensus-driven" framework for digital assets.
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May 12, 2025
9th Circ. Asks Wash. Justices About Fake Discount CPA Suit
The Ninth Circuit has called on Washington state's highest court to clarify whether a shopper who claims she purchased leggings from clothing retailer Aéropostale based on an alleged fake discounting scheme has suffered harm covered by the state Consumer Protection Act.
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May 12, 2025
Ohio AG Will Ask 6th Circ. To Revive Social Media Age Limit
Ohio Attorney General Dave Yost announced Monday that he is appealing a federal court decision blocking the state's law barring social media companies from allowing children under 16 to create accounts without parental consent.
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May 12, 2025
DC Judge Declines To Block IRS From Sharing Info With ICE
A D.C. federal judge rejected Monday a trio of immigration advocacy groups' request to block the Internal Revenue Service from sharing with immigration enforcement agencies the names and addresses of people suspected of being in the country illegally.
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May 12, 2025
9th Circ. Questions Vegas Casino Room Rate Claims
A skeptical Ninth Circuit panel had questions Monday for guests accusing Las Vegas casino-hotel operators of using the same software to inflate room rates about what they need to show for their algorithmic pricing claims to survive.
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May 12, 2025
Feds Should Relax CBRS Power Limits, Carriers Say
Telecom carriers asked the Federal Communications Commission to accept industry proposals to relax power limits for devices in the Citizens Broadband Radio Service in hopes of opening the prime spectrum for more rapid growth.
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May 12, 2025
Hedge Fund Group Urges Delay On New AML Rules
A top trade group representing hedge funds is urging the Trump administration to delay enforcement of new Treasury Department anti-money laundering rules applicable to investment managers, part of a broader attempt to persuade financial and securities regulators to slow down or rescind wide-ranging rules.
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May 12, 2025
Authors Group Calls Grant Withdrawals 'Flagrantly Unlawful'
A national authors group sued the National Endowment for the Humanities and the Department of Government Efficiency on Monday in New York federal court, claiming the cancellation of about $175 million in grants was "flagrantly unlawful."
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May 12, 2025
Walmart, Transportation Manager End OT Suit
Walmart and a transportation operations manager have agreed to end the worker's suit in Georgia federal court accusing the retailer of misclassifying her as overtime-exempt under the Fair Labor Standards Act, according to a joint filing Monday.
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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.
Expert Analysis
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Fines Against Apple, Meta Set Digital Markets Act Precedent
The European Commission's recent fines against Apple and Meta, the first under the Digital Markets Act, send a clear message that the act's reach and influence on regulatory thinking is global, say lawyers at Waterfront Law.
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Addressing PFAS Risks In Public Company Disclosures
As individual lawsuits and class actions over PFAS risks spanning multiple sectors and products increase, and rapidly evolving and often unclear regulatory initiatives on both the federal and state levels proliferate, it's more important than ever for companies to know how and when to complete PFAS-related disclosures, say attorneys at Venable.
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Takeaways From DOJ's Latest FCA Customs Fraud Intervention
The U.S. Department of Justice's recent intervention in a case alleging customs-related reverse False Claims Act fraud underlines the government’s increased scrutiny of, and importers’ corresponding exposure from, information related to product classification, country of origin and pricing, say attorneys at Bass Berry.
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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.