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Compliance
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January 16, 2025
Crypto Firm DRW Wants Out Of SEC's 'Scorched Earth' Suit
The crypto-trading arm of DRW Holdings says it has become the latest target of the U.S. Securities and Exchange Commission's "scorched-earth enforcement campaign against the crypto-asset industry" in its bid to dismiss a suit alleging it engaged in more than $2 billion in unregistered crypto transactions.
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January 16, 2025
SEC Hit With Atty Fee Request Over Rare In-House Loss
A Michigan-based company that convinced the U.S. Securities and Exchange Commission to retroactively lift a trading suspension is now arguing that the agency should have to pay the company's attorneys because enforcement staff "lied and misled" in order to obtain the suspension.
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January 16, 2025
Trump's DOT Pick Says Air Safety, New Tech Big Priorities
President-elect Donald Trump's would-be transportation secretary pledged to oversee a leaner and more efficient U.S. Department of Transportation focused on expediting project permitting, prioritizing mega infrastructure projects, and ensuring that Boeing and aviation safety gets "back on track."
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January 16, 2025
Quarry, Conn. Town Eye Settlement In $9.5M Shutdown Feud
The town of East Haven, Connecticut, and a quarry owner are in settlement talks to end both a lawsuit and an appeal of the owner's $10.6 million bench trial win on claims he was forced to shut down operations for improper political reasons, a federal district court filing indicates.
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January 16, 2025
Gov't Wants Time During Epic, Google's 9th Circ. Face-Off
When Epic Games and Google face off next month at the Ninth Circuit, the federal government is hoping it will get a few minutes to state its case for why the appellate court shouldn't overturn an order forcing Google to allow alternative app stores on its platform, the government said in a recent motion.
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January 16, 2025
FDIC Case Belongs In Fed. Court After Jarkesy, 5th Circ. Told
A former Herring Bank executive argued in a Fifth Circuit brief that the Federal Deposit Insurance Corp.'s in-house enforcement proceedings against him denied him his right to a jury trial in federal court, saying the allegations against him involve legal issues that have historically been decided by juries.
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January 16, 2025
Antitrust's 'Moment' Has Arrived, Thanks To Biden Enforcers
As President-elect Donald Trump retakes the White House, with antitrust picks operating under a mandate to go after Big Tech and "censorship" with enforcement that's vigorous, but not stifling, which key parts of President Joe Biden's competition law legacy may last and what won't are coming into focus.
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January 16, 2025
EpiPen Direct Buyers, Mylan Ink $75M Antitrust Deal
Mylan Pharmaceuticals has agreed to pay $73.5 million to resolve claims it worked with Pfizer to inflate the price of the latter's popular auto-injecting emergency allergy medication EpiPen, a proposed class of direct purchasers told a Kansas federal judge Wednesday, bringing the total settlement to $123.5 million.
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January 16, 2025
Merck Defends 3rd Circ. Win In Mumps Vaccine Antitrust Case
Merck urged the Third Circuit not to reconsider a ruling that immunized the company from antitrust claims over submissions it made to federal regulators for its mumps vaccine, arguing the appeals court was right to find the submissions were protected.
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January 16, 2025
Interior Nom Stresses Need For More Fossil Fuels
Interior secretary nominee Doug Burgum said on Thursday that he will promote U.S. energy dominance and add more fossil fuel-derived electricity to the grid, as Democrats and Republican senators sparred over how much emphasis should be given to renewables.
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January 16, 2025
Texas Ozone Fight A Repeat Of 2007, EPA Tells 5th Circ.
The U.S. Environmental Protection Agency said that Texas is feigning a misunderstanding of the Clean Air Act, saying it couldn't have hit the state with a "surprise switcheroo" because it was in an identical situation more than a decade earlier.
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January 16, 2025
FTC Elevates Snap AI Chatbot Case To DOJ
The Federal Trade Commission took the rare step Thursday of revealing its referral to the U.S. Department of Justice of its complaint alleging Snap Inc. deployed an artificial intelligence-powered chatbot that harmed young users, prompting incoming Republican Chair Andrew Ferguson to slam the allegations as an "affront to the Constitution and the rule of law."
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January 16, 2025
AmEx Inks $230M Deal Over DOJ, Fed Small Biz Sales Claims
American Express has signed a nonprosecution agreement and said Thursday it will pay about $230 million to end investigations by the Department of Justice and the Federal Reserve into the financial services company's previous sales practices for some small business customers in the U.S.
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January 16, 2025
NC Biz Court Bulletin: Judge Bids Adieu, TikTok Wants Out
The North Carolina Business Court's former chief judge hung up his robes for the last time as the court entered the new year with a ruling that shapes the fate of beset real estate company MV Realty's consumer fraud trial and arguments by TikTok Inc. that its platform being "too engaging" isn't enough for the state to begin an enforcement action.
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January 16, 2025
Madigan Racketeering Case Will Go To Jury
The Illinois federal judge overseeing a criminal racketeering trial against former Illinois House Speaker Michael Madigan and his longtime friend and political ally made certain Thursday that the jury will deliberate and decide the case, rejecting severance and acquittal requests on the last day of evidence.
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January 16, 2025
FTC Fights Southern Glazer's Bid To Seal Pricing Allegations
The Federal Trade Commission is opposing a bid from Southern Glazer's to permanently seal parts of the complaint in the commission's price discrimination case, including percentages allegedly showing how much more small retailers pay for wine and spirits than large chains.
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January 16, 2025
Phillips Mum On Future As FERC Chairmanship Nears End
Willie Phillips on Thursday acknowledged that his time as Federal Energy Regulatory Commission chairman is coming to an end, but wouldn't say whether he will leave the agency once President-elect Donald Trump takes office.
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January 16, 2025
Lawmakers Ask Biden To Pause TikTok Sale-Or-Ban Law
A group of lawmakers has urged President Joe Biden to extend a Sunday deadline for TikTok to divest from its Chinese parent company over national security concerns or face a nationwide ban, saying presidential action is needed to avoid "catastrophic" effects of the wildly popular social media platform going dark.
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January 16, 2025
Trump Names Senate Commerce Aide As FCC Commissioner
President-elect Donald Trump on Thursday named Olivia Trusty, a top Republican aide on the U.S. Senate Commerce Committee, as his pick for the next GOP commissioner on the Federal Communications Commission.
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January 16, 2025
NJ Man Pleads Guilty To Trying To Bribe Sewer Commissioner
A New Jersey sewer commission employee has admitted to a conspiracy charge for trying to sway a commissioner to boost his career, the state attorney general and the Office of Public Integrity and Accountability announced.
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January 16, 2025
'Nothing To Fear' For DOJ Attys With Bondi, Ex-Colleague Says
Prosecutors and law enforcement officials, including one Democrat, told lawmakers Thursday that President-elect Donald Trump's pick for attorney general will be a fair-minded official who will not succumb to possible outside pressure to abuse the office.
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January 16, 2025
Cleveland-Cliffs Sets Sights On US Steel, And More Rumors
Cleveland-Cliffs has re-emerged as a potential suitor to purchase U.S. Steel after President Joe Biden blocked Nippon's planned purchase, TikTok could be sold to Elon Musk, and Prada is among potential suitors eyeing Versace. Here, Law360 breaks down these and other notable deal rumors from the past week.
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January 16, 2025
Enviro Org. Drops Fight Over DOE's $1.1B Diablo Canyon Award
An environmental group has begrudgingly dismissed its challenge of a $1.1 billion U.S. Department of Energy award that aimed to help California's last nuclear power plant keep running after learning state officials have already given Pacific Gas & Electric Co. $1.3 billion for the same purpose.
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January 16, 2025
Ill. Bill Seeks Refunds Of Excess Property Tax Revenue
Illinois local taxing authorities that exceed the previous year's property tax collection would need to disperse the excess to taxpayers under a bill introduced in the state House of Representatives.
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January 16, 2025
Fed. Circ. Says German Paper Co. Can't Nix $194M Duties Suit
The Federal Circuit on Thursday refused to throw a lifeline to a German paper manufacturer accused of skirting nearly $194 million worth of duties, finding no issue with the U.S. government's service of process to the foreign company.
Expert Analysis
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How Trump Admin May Approach AI In The Workplace
Key indicators suggest that the incoming Trump administration will adopt a deregulatory approach to artificial intelligence, allowing states to fill the void, so it is critical that employers pay close attention to developing legal authority concerning AI tools, say attorneys at Littler.
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Predicting What's Next For SEC By Looking At Past Dissents
While Paul Atkins' nomination to be the next chair of the U.S. Securities and Exchange Commission has taken center stage, an analysis of Republican Commissioners Hester Peirce and Mark Uyeda's past votes and dissents provides a preview of where enforcement may shift in the new administration, say attorneys at Gibson Dunn.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Searching For Insight On Requested Google Chrome Remedy
The potential for Google to divest its Chrome browser — a remedy requested by the Justice Department following a D.C. federal court’s finding the company is a monopolist — has drawn both criticism and endorsement, but legal precedent likely supports the former, say attorneys at Ballard Spahr.
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Consultants Should Be Aware Of DOJ's Potential New Reach
The U.S. Department of Justice's recent first-of-its-kind settlement with McKinsey & Co. indicates not only the DOJ's more aggressive stance toward businesses' potential criminal wrongdoings, but also the benefits of self-disclosure and cooperation when wrongdoing becomes apparent, says Dom Caamano at Kibler Fowler.
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Lessons Learned From 2024's Top FMLA Decisions
Last year's major litigation related to the Family and Medical Leave Act underscores why it is critical for employers to understand the basics of when leave and accommodations are required, say attorneys at Dechert.
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New Year, New Risks: 8 Top Cyber Issues For Finance In 2025
As financial institutions forge ahead in 2025, they must strike a delicate balance between embracing technological innovation and guarding against its darker threats, which this year could include everything from supply chain vulnerabilities to deepfakes, say attorneys at Baker Donelson.
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5th Circ.'s Nasdaq Ruling Another Piece In DEI Policy Puzzle
The Fifth Circuit's recent en banc opinion vacating Nasdaq's board diversity listing rule wades into the hotly debated topic of diversity, equity and inclusion initiatives at a time when many public companies are navigating the attention that DEI commitments are drawing from activists and shareholders, say attorneys at Debevoise.
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Lessons Learned From 2024's Top ADA Decisions
Last year's major litigation related to the Americans with Disabilities Act highlights that when dealing with accommodation requests, employers must communicate clearly, appreciate context and remain flexible in addressing needs, say attorneys at Dechert.
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A Guide To Significant 2024 Data Broker Legal Developments
2024 saw notable developments in U.S. data broker regulation and enforcement, and this momentum will likely carry into 2025, despite hypothetical efforts to the contrary under the new administration, say attorneys at Frankfurt Kurnit.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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How Changes In State Gift Card Laws May Affect Cos. In 2025
2024 state legislative movements around the escheatment of unused gift card balances and consumer fraud protections should prompt issuers to consider whether changes in company domicile or blanket cash-back policies are needed in the new year, say attorneys at Alston & Bird.
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Lessons From The SEC's 2024 Crackdown On AI Washing
AI washing was the subject of increased scrutiny from the U.S. Securities and Exchange Commission in 2024 following a surge in the commercial adoption of generative artificial intelligence technologies in 2023, highlighting the importance of transparency, accuracy and accountability when communicating about AI, say attorneys at Perkins Coie.
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The 6 Most Significant FCRA Litigation Developments Of 2024
From a key sovereign immunity decision at the U.S. Supreme Court to a ruling on creditworthiness out of the Seventh Circuit, several important Fair Credit Reporting Act cases wound their way through the courts in 2024, each offering takeaways for both plaintiffs and defendants, say attorneys at Shipkevich.
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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.