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Compliance
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January 28, 2025
SEC Wells Meetings Likely Back On The Table, Official Says
The U.S. Securities and Exchange Commission's acting deputy director of enforcement said Tuesday that leadership was open to meeting more frequently with those facing SEC investigations and hinted at the possibility that it would pursue fewer industry bars against those who violate the securities laws.
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January 28, 2025
Lobbying Is Not A Crime, Madigan Co-Defendant Tells Jury
An attorney for an ex-lobbyist standing trial on public corruption charges alongside former Illinois House Speaker Michael Madigan told jurors on Tuesday the government failed to establish that his client conspired to trade the ex-speaker's support for do-nothing jobs, saying all that really happened was "lobbying and politics."
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January 28, 2025
Wash. Judge Asks If Dr.'s Ivermectin Discipline Was Political
A Washington appellate judge asked Tuesday if a doctor who was disciplined by a medical board for prescribing the controversial drug ivermectin to COVID-19 patients was targeted for his political views, while another judge asked if "all lies" about medical information are protected speech.
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January 28, 2025
'Extraordinary' $630M CDK Deal Wraps Auto Dealer Data MDL
A certified class of car dealership app makers is seeking preliminary approval for the final settlement in the years-old web of cases accusing CDK Global of monopolizing auto dealership management software, with a $630 million Wisconsin federal court deal that puts a $140 million premium on estimated damages.
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January 28, 2025
Questions To Watch For In RFK Jr.'s Confirmation Hearing
Robert F. Kennedy Jr. is set to appear on Capitol Hill as he tries to secure the top position at the U.S. Department of Health and Human Services. Here are some of the questions healthcare lawyers and others want to see addressed about his "Make America Healthy Again" pledge.
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January 28, 2025
Silk Road Pardon Sparks Hope For More Crypto Clemency
President Donald Trump's decision to free the convicted Silk Road operator Ross Ulbricht brought praise from crypto advocates and spurred some to seek the ear of the new administration in hopes that the president will pardon other alleged crypto criminals, too.
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January 28, 2025
New FERC Chair Backs Status Quo For Gas Project Reviews
Newly minted Federal Energy Regulatory Commission Chairman Mark Christie told Law360 in an exclusive interview that he sees no reason to change the approval process for gas infrastructure projects despite recent court rulings that have dinged FERC for legally inadequate reviews.
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January 28, 2025
Feds, Enviro Orgs. Look To Sink Farm's 'Swampbuster' Challenge
The federal government and environmental groups have asked an Iowa federal court to reject a farm owner's effort to overturn the "Swampbuster" conservation law that aims to protect wetlands in agricultural areas.
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January 28, 2025
Prison Phone Providers Urge 1st Circ. To Back FCC Rate Suit
Prison telephone companies are asking the First Circuit to either move their challenge to new Federal Communications Commission prison payphone rate caps to the conservative Fifth Circuit or toss the limits themselves, saying the caps violate a congressional provision that the companies be "fairly compensated" for service in detention facilities.
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January 28, 2025
Feds Say Health System Can't Ditch Fraud Suit Over Surgeries
The federal government and state of Washington urged a judge on Monday to allow their suit against a hospital operator to move forward, saying they have provided more than enough detail to support allegations that the health system knew a doctor was performing unnecessary surgeries.
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January 28, 2025
Apple Can't Defend Google Revenue Deal In DOJ Search Case
A D.C. federal judge has refused to let Apple intervene to defend the billions it gets from Google to keep the search giant as the default for Safari browser, holding the iPhone maker waited too long to intervene in the Justice Department's monopolization lawsuit, and the company's involvement now would be too disruptive.
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January 28, 2025
Biz Groups Seek To Defend Embattled DOT Diversity Program
Women- and minority-owned businesses and advocacy groups asked a Kentucky federal judge to let them intervene against litigation aimed at ending the U.S. Department of Transportation's Disadvantaged Business Enterprise program, saying the government is unlikely to defend it with President Donald Trump in office.
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January 28, 2025
Trump Pledges Tariffs On Semiconductors, Chips, Drugs
The U.S. will soon place tariffs on foreign-manufactured semiconductors, computer chips and pharmaceuticals in an effort to convince foreign companies to move their manufacturing operations stateside, President Donald Trump told House Republicans at a conference.
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January 28, 2025
Grassley And Durbin Question Trump On IG Firings
The top Republican and Democrat on the Senate Judiciary Committee pressed President Donald Trump on Tuesday for an explanation on why he fired almost 20 federal watchdogs late last week.
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January 28, 2025
NJ Targets MTA's Changes In Revised Congestion-Pricing Suit
New Jersey Gov. Phil Murphy plans to target New York City's public transit agency and the altered toll amounts in the state's renewed legal challenge to congestion pricing, according to a proposed amended complaint.
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January 28, 2025
Trump Jettisons Dem EEOC Commissioners, General Counsel
Two Democratic members of the U.S. Equal Employment Opportunity Commission and the agency's general counsel said Tuesday that President Donald Trump had removed them, an unprecedented purge that leaves the five-member commission without a quorum.
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January 28, 2025
Pa. Bank Regulator Claims Co. Hid Affiliation, Misused Privilege
A Texas debt-settlement company should be sanctioned for failing to disclose its alleged affiliation with another debt consolidator and for invoking attorney-client privilege when pressed about how its general counsel complied with a subpoena, Pennsylvania's banking regulator told a state court Tuesday.
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January 28, 2025
Trader Joe's Accused Of Badly Stocked 401(k), High Fees
Grocery chain Trader Joe's mismanaged its retirement plan for employees to the tune of tens of millions of dollars, according to a potential class action filed Tuesday in Massachusetts federal court.
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January 27, 2025
5th Circ. Wipes Out FTC Rule Targeting Auto Industry Scams
A split Fifth Circuit panel on Monday vacated the Federal Trade Commission's Combating Auto Retail Scams, or CARS, rule prohibiting bait-and-switch tactics and hidden charges in the car buying and leasing process, siding with car dealers and finding that the FTC didn't give adequate notice of the proposed rulemaking.
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January 27, 2025
CFPB's Chopra Sees Room For Rules To Stem Debanking
Consumer Financial Protection Bureau Director Rohit Chopra on Monday voiced support for regulatory action to address concerns about banks unfairly closing accounts, saying more transparency and "bright-line" limits may be needed to combat so-called debanking.
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January 27, 2025
Lummis Tells 2nd Circ. SEC 'Flouts' Congress In Crypto Cases
Sen. Cynthia Lummis, R.-Wyo., told the Second Circuit that the U.S. Securities and Exchange Commission's ongoing suit against Coinbase Inc. has complicated congressional efforts to set rules for digital assets, filing her support for the crypto exchange's bid for a quick ruling from the appeals court on how securities laws apply to the transactions on its platform.
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January 27, 2025
Palo Alto Networks Inside-Trader Wins Resentencing At 9th Circ.
The Ninth Circuit on Monday upheld securities fraud convictions of a former Palo Alto Networks engineer for raking in $7 million by trading on stolen inside information but remanded the case for resentencing, saying a lower court was wrong to use his trading gains to estimate the cybersecurity company's loss.
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January 27, 2025
Crypto Exchange KuCoin Pleads Out, Agrees To Pay $297M
Cryptocurrency exchange KuCoin on Monday pled guilty and agreed to pay $297 million for failing to implement anti-money laundering protocols and allowing more than $5 billion worth of criminal funds to flow through its trading platform.
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January 27, 2025
Fund Tells Jury No Need To Return $11M Short-Swing Profits
A hedge fund told a Denver federal jury Monday that the $11 million it earned from the short-swing sales of a biopharmaceutical company's stock doesn't need to be returned because the transactions fall under an exception to securities law on insider trading.
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January 27, 2025
CFPB Says Acima Can't Use 'Lease' Label To Exit Suit
The Consumer Financial Protection Bureau urged a Utah federal court to not dismiss its predatory lending suit against Acima Leasing, arguing the fintech company and Rent-A-Center affiliate can't hide offering functional credit products by calling them rental purchases.
Expert Analysis
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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The Securities Litigation Trends That Will Matter Most In 2025
2025 is shaping up to be a significant year for securities litigation, as plaintiffs and defendants alike navigate shifting standards for omission theories of liability, class certification, risk disclosure claims and more, say attorneys at Willkie.
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Predicting The Lasting Changes CFPB May Face In 2025
President-elect Donald Trump and the incoming Republican-controlled Congress' likely attempts to reshape the Consumer Financial Protection Bureau could significantly alter its rulemaking, supervisory and enforcement abilities for years to come, says Jim Sandy at McGlinchey Stafford.
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5 Proactive Immigration Best Practices For Employers In 2025
Businesses that depend on foreign talent should take specific steps in anticipation of changes to federal immigration policies that could affect the H-1B visa and other programs, and likely require changes in organizational operations and compliance strategy, says Dustin O'Quinn at Ballard Spahr.
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Top 10 Employer Resolutions For 2025
While companies must monitor for policy shifts under the new administration in 2025, it will also be a year to play it safe and remember the basics, such as the importance of documenting retention policies and conducting swift investigations into workplace complaints, say attorneys at Lawrence & Bundy.
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NLRB Likely To Fill Vacuum After NMB Jurisdiction Ruling
The National Mediation Board's recent ruling in Swissport Cargo Services LP abandoned decades of precedent by concluding the Railway Labor Act doesn’t apply to airline service providers, likely leading the National Labor Relations Board to assert its jurisdiction instead and potentially causing more operational disruptions and labor strife, say attorneys at Morgan Lewis.
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How White Collar Enforcement May Shift In Trump's 2nd Term
After President-elect Donald Trump returns to the White House next month, the administration’s emphasis on immigration laws, drug offenses and violent crime will likely reduce the focus on white collar crime overall, but certain areas within the white collar world may see increased activity, say attorneys at Keker Van Nest.
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Risk Management Takeaways From NIST's AI Symposium
Based on the National Institute of Standards and Technology's September artificial intelligence innovation symposium, companies should anticipate that laws and regulations safeguarding AI could take new forms and approaches that break the current mold, say attorneys at Eversheds Sutherland.
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New Trump Admin May Bring Financial Oversight Turbulence
As President-elect Donald Trump prepares to begin his second term, his top financial market regulatory and securities law enforcement appointees, campaign promises, and regulatory preferences foretell a period of muddy regulatory waters, say attorneys at Kroll.
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The Justices' Securities Rulings, Dismissals That Defined '24
The U.S. Supreme Court's 2024 securities rulings led to increased success for defendants' price impact arguments, but the justices' decisions not to weigh in on important issues relating to the Private Securities Litigation Reform Act's pleading requirements may be just as significant, say attorneys at Skadden.
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2024 Election Results May Prove Fortuitous For Family Offices
Thanks to the decisive Republican victories in the 2024 elections, family offices have a unique opportunity for accelerated growth and influence, particularly through the benefits afforded by patient capital, says Edward Taibi at Olshan Frome.
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10 Noteworthy CFPB Developments From 2024
In a banner year for consumer finance regulation, the Consumer Financial Protection Bureau made significant strides in its efforts to rein in Big Tech and nonbank financial firms, including via rules regarding open banking, credit card late fees, and buy now, pay later products, say attorneys at Wiley.
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What To Expect From EEOC Next Year After An Active 2024
While highlights this year for the U.S. Equal Employment Opportunity Commission include its first-ever Pregnant Workers Fairness Act cases and comprehensive workplace harassment guidance, the question for 2025 is whether the commission will sustain its momentum or shift its focus in a new direction, says Shannon Kelly at GrayRobinson.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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2024 Has Been A Momentous Year For ESG
Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.