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Compliance
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August 26, 2025
Farmers Defend Climate Superfund Law Against Challenges
Farmers and environmentalists are asking a Vermont federal judge to toss the U.S. government's, industry groups' and red states' lawsuits challenging the state's climate change Superfund law, saying it's a lawful method to pay for damages caused by the phenomenon.
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August 26, 2025
Mich. AG Lambasts UMich For Halting Trans Youth Care
Michigan's attorney general publicly warned the University of Michigan Tuesday that her office was "considering all of our options" after the university's hospital system said it would cease providing gender-affirming care to minors under pressure from the Trump administration.
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August 26, 2025
Mass. Justices Overturn Firearm Convictions Over Trial Error
Massachusetts' highest court ruled Tuesday that a man convicted of carrying a loaded firearm without a license and removing the gun's serial number must get a new trial on the possession charges, finding him not guilty of defacing the weapons due to insufficient instructions provided to the jury.
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August 26, 2025
FINRA Fines US Bank Unit $500K Over Missed AML Reports
A broker-dealer unit of U.S. Bank has been fined $500,000 by the Financial Industry Regulatory Authority following the FINRA member's realization that it had missed windows for filing certain reports of suspicious transactions.
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August 26, 2025
'Belief' Insufficient For Trade Secrets Claims, NC Biz Judge Says
A trio of healthcare and real estate companies couldn't secure a preliminary injunction meant to prevent their former CEOs from disclosing or using alleged trade secrets, as North Carolina's business court ruled the amended complaint relied too heavily "on information and belief."
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August 26, 2025
4th Circ. Revokes Class Cert. In Progressive Car Valuation Suit
The Fourth Circuit reversed a Progressive Insurance policyholder's class certification win over certain adjustments the insurer makes when calculating the actual cash value of a totaled vehicle, saying that determining whether Progressive breached each insured's policy is a "highly individualized assessment."
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August 26, 2025
X Corp. Settles WARN Act Suit With Worker Terminated In 2022
A former X Corp. employee has settled its lawsuit alleging that he wasn't given a heads-up before the company conducted mass layoffs in 2022 following Elon Musk's takeover, prompting a California federal judge to conditionally dismiss the case on Monday, two weeks before trial had been set to begin.
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August 26, 2025
5th Circ. Says Fed. Law Explicitly Bars Ex-CEO's NCUA Suit
The Fifth Circuit on Monday refused to revive a former Texas credit union CEO's constitutional challenge to an enforcement action the National Credit Union Administration had brought against him for alleged banking misconduct, saying in a published opinion that federal law explicitly stripped a district court's jurisdiction over the matter.
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August 26, 2025
Doctors Press 5th Circ. To Reverse Surprise Billing Ruling
Three physician trade associations urged the full Fifth Circuit to reverse a panel's ruling on how qualifying payments are calculated under the No Surprises Act, writing that the current decision harms underserved communities by narrowing provider networks.
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August 26, 2025
HPE's Trump-Tied Lobbyists Cast 'Pall' Over Merger Review
The firing of two senior officials in the U.S. Department of Justice's Antitrust Division who complained after being forced to accept a merger clearance settlement has caused many practitioners to question whether the traditional separation between competition enforcement and other White House priorities is a thing of the past.
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August 26, 2025
Brewer Can't Challenge Home Distilling Ban, US Tells 6th Circ.
A brewery owner who wants to make his own whiskey can't bring a suit challenging the tax code's prohibition on home distilleries because he hasn't shown that he's likely to start making spirits or that the government would come knocking if he does, the U.S. Treasury Department told the Sixth Circuit.
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August 26, 2025
FERC Urged To Ignore Ill. Grid Project Policy Fight
The Federal Energy Regulatory Commission has been told that it shouldn't second-guess Illinois lawmakers and courts to declare that incumbent utilities in the state have a right of first refusal to build new, regionally planned transmission projects.
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August 26, 2025
CFTC's Last Dem Member Departing Agency
The U.S. Commodity Futures Trading Commission's sole remaining Democrat, Kristin Johnson, announced Tuesday that she will be departing the agency next week, leaving it in the hands of acting Chair Caroline Pham.
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August 26, 2025
Texas AG To Probe Heavy Metals In Baby Foods
The Texas attorney general on Tuesday announced an investigation into leading baby food makers that may have deceptively advertised and sold products containing dangerously high levels of heavy metals, such as arsenic.
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August 26, 2025
Cigna Strikes ERISA Ghost Network Suit Settlement Deal
Cigna Health and Life Insurance Co. has agreed to settle a proposed class action alleging the health plan administrator violated federal benefits law by advertising providers as in-network who were out-of-network to participants in employer-sponsored health benefit plans that Cigna administered, according to filings in Illinois federal court.
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August 26, 2025
1st Circ. Says Insurer Owes No Defense In Eviction Suits
A Liberty Mutual unit has no duty to defend a commercial real estate loan provider in underlying suits over the eviction of residents from a Massachusetts senior care facility, the First Circuit ruled, finding the insurer's denial of coverage to be reasonable.
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August 26, 2025
Wash. Cities Settle Yacht Club's Clean Water Act Suit
Two Washington cities have tentatively settled a yacht club's federal lawsuit claiming the municipalities muddied the waters of its marina by failing to maintain critical stormwater infrastructure and allowing the discharge of silt-laden runoff.
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August 26, 2025
Fed's Lisa Cook Preps Lawsuit Over Trump Firing
Federal Reserve Gov. Lisa Cook is preparing to file a lawsuit over President Donald Trump's announcement that she has been terminated from her position, allegedly for committing mortgage fraud, her lawyer said Tuesday.
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August 26, 2025
Littler Adds Former NLRB Atty, Corporate Counsel In Seattle
Littler Mendelson PC has brought on a former National Labor Relations Board attorney and corporate labor counsel as a shareholder in its Seattle office, the firm announced.
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August 26, 2025
Dick's Sporting Goods Gets $2.4B Foot Locker Deal Cleared
Dick's Sporting Goods Inc. said Tuesday that the waiting period has expired for its planned $2.4 billion purchase of Foot Locker, after it had previously given the Federal Trade Commission additional time to review the deal.
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August 25, 2025
Trump Admin Agrees To Release Frozen Education Funds
The Trump administration has agreed to release to a coalition of states the full balance of some $6.8 billion in congressionally appropriated educational program funding, the parties told a Rhode Island federal judge Monday, a little more than a month after the states challenged the funding freeze.
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August 25, 2025
'Bring Him In': Judge Blasts Google Atty Over Witness Travel
The California federal judge overseeing a multibillion-dollar privacy lawsuit alleging Google illegally collected data from 98 million cellphone users chastised an attorney for the tech giant for allowing a Google employee on the witness list to leave on a trip, ordering the lawyer to "get him on an airplane" and "bring him in."
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August 25, 2025
Fed. Court Can't Halt FDIC Enforcement Order, 5th Circ. Says
The Federal Deposit Insurance Corp. can move forward with in-house enforcement proceedings against a former bank CEO, the Fifth Circuit ruled Monday, finding that a Texas district court did not have jurisdiction to block the agency from issuing a final decision over the bank executive's constitutional claims.
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August 25, 2025
FTC Says 'Conversational AI' Company Misled Small Businesses
The U.S. Federal Trade Commission on Monday accused artificial intelligence company Air AI Technologies of making deceptive claims about what businesses and entrepreneurs could achieve with its "conversational AI" tool, according to a suit filed in Arizona federal court.
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August 25, 2025
DOJ Antitrust Whistleblowers May Find Ally At The Post Office
The U.S. Department of Justice's new whistleblower program brings the Antitrust Division in line with other programs across the DOJ and at other agencies, although it may have a particularly broad scope thanks to a unique partnership with the U.S. Postal Service.
Expert Analysis
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How Cos. In China Can Tailor Compliance Amid FCPA Shifts
The U.S. Department of Justice’s recently updated Foreign Corrupt Practices Act enforcement guidelines create a fluid business environment for companies operating in China that will require a customized compliance approach to navigate both countries’ corporate and legal systems, say attorneys at Dickinson Wright.
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7 Ways Employers Can Avoid Labor Friction Over AI
As artificial intelligence use in the workplace emerges as a key labor relations topic in the U.S. and Europe, employers looking to reduce reputational risk and prevent costly disputes should consider proactive strategies to engage with unions, say attorneys at Baker McKenzie.
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Open Banking Is On Ice As CFPB Seeks To Toss Its Own Rule
Even as the Consumer Financial Protection Bureau's efforts to toss its open banking rule play out in Kentucky federal court, it remains statutorily required to effectuate consumer access to data, raising questions about how it would replace the previously finalized standard, say attorneys at Cooley.
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SEC, FINRA Obligations In Changing AI Regulatory Landscape
Despite the U.S. Securities and Exchange Commission's recent withdrawal of its proposed artificial intelligence conflict rules, financial regulators remain focused on firms developing the correct AI compliance framework, as well as continuously testing and supervising them to ensure they're fit for purpose, say attorneys at Cahill Gordon.
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Trump Air Emissions Carveouts Cloud The Regulatory Picture
President Donald Trump's new proclamations temporarily exempting key U.S. industries from air toxics standards, issued under a narrow, rarely-used provision of the Clean Air Act, will likely lead to legal challenges and tighter standards in some states, contributing to further regulatory uncertainty, say attorneys at GableGotwals.
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Series
Playing Baseball Makes Me A Better Lawyer
Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.
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What US Medicine Onshoring Means For Indian Life Sciences
Despite the Trump administration's latest moves to onshore essential medicine manufacturing, India will likely remain an indispensable component of the U.S. drug supply chain, but Indian manufacturers should prepare for stricter compliance checks, says Jashaswi Ghosh at Holon Law Partners.
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How US Cos. Should Prep For Brazil's Int'l Data Transfer Rules
Brazil's National Data Protection Authority's new rules concerning the processing and storing of Brazilians' personal data carry significant reputational risks for the e-commerce, financial services, education and health sectors, so U.S. companies with business in Brazil should prepare ahead of the Aug. 23 compliance date, says Juliane Chaves Ferreira at Guimarães & Vieira de Mello.
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APA Relief May Blunt Justices' Universal Injunction Ruling
The Administrative Procedure Act’s avenue for universal preliminary relief seems to hold the most promise for neutralizing the U.S. Supreme Court’s decision in Trump v. CASA to limit federal district courts' nationally applicable orders, say attorneys at Crowell.
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Wells Fargo Suit Shows Consumer Protection Limits In Mass.
The Massachusetts Appeals Court's May decision in Wells Fargo Bank v. Coulsey underscores that consumer rights are balanced against the need for closure, and even the broad protections of state consumer protection law will not open the door to relitigating the same claims, say attorneys at Greenberg Traurig.
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Series
Ohio Banking Brief: All The Notable Legal Updates In Q2
Ohio's financial services sector saw several significant developments in the second quarter of 2025, including a case that confirmed credit unions' setoff rights, another that established contract rights between banks and cardholders, and the House passage of a digital asset bill, say attorneys at Frost Brown.
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Building Better Earnouts In The Current M&A Climate
In the face of market uncertainty, we've seen a continued reliance on earnouts in M&A deals so far this year, but to reduce the risk of related litigation, it's important to use objective standards, apply company metrics cautiously and ensure short time periods, among other best practices, say attorneys at White & Case.
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Managing Risks As State AGs Seek To Fill Enforcement Gap
Given an unprecedented surge in state attorney general activity resulting from significant shifts in federal enforcement priorities, companies must consider tailored strategies for navigating the ever-evolving risk landscape, say attorneys at Cozen O'Connor.
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A Deep Dive Into 14 Nixed Gensler-Era SEC Rule Proposals
The U.S. Securities and Exchange Commission last month formally withdrew 14 notices of proposed rulemaking, including several significant and widely criticized proposals that had been issued under former Chair Gary Gensler's leadership, signaling a clear and definitive shift away from the previous administration, say attorneys at Dechert.
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Series
Law School's Missed Lessons: Skillful Persuasion
In many ways, law school teaches us how to argue, but when the ultimate goal is to get your client what they want, being persuasive through preparation and humility is the more likely key to success, says Michael Friedland at Friedland Cianfrani.