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Compliance
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January 21, 2026
5th Circ. Leans Toward Vacating Airline Fees Disclosure Rule
The full Fifth Circuit wanted to know Wednesday why it shouldn't just do away with a Biden-era rule requiring airlines to more clearly disclose add-on fees upfront, saying that the government seemed to be arguing that the court should just vacate the rule.
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January 21, 2026
Midwives Challenge Miss. Practice Limits In Antitrust Suit
The American College of Nurse-Midwives launched a suit seeking to permanently block Mississippi rules requiring certified nurse-midwives to obtain collaboration agreements with physicians, arguing the rules unlawfully restrict competition and exacerbate public health challenges in the state.
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January 21, 2026
4th Circ. Says Judge Wrongly Blocked Trump Grant Freeze
The Fourth Circuit on Wednesday wiped out a federal district judge's order restoring 32 congressionally funded grants frozen by the Trump administration, saying it's a contractual matter for the U.S. Court of Federal Claims to decide.
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January 21, 2026
Feds Say Medicare Steering Case Meets FCA Legal Bar
The government said Wednesday that its False Claims Act complaint accusing insurers and brokers of participating in a kickback scheme to steer customers to Medicare Advantage plans doesn't conflict with a First Circuit decision last year setting out the standard for such cases.
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January 21, 2026
FTC Must 'Scale A Slick Wall' To Revive Meta Suit
The Federal Trade Commission set itself up for a tough fight to overturn a D.C. federal judge's rejection of its lawsuit accusing Meta of monopolizing personal social media through its purchases of WhatsApp and Instagram.
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January 21, 2026
Feds Back Freight Broker In High Court Negligence Case
The federal government urged the U.S. Supreme Court Wednesday to hold that federal law unequivocally shields freight brokers from state-based negligence and personal injury claims, throwing its support behind broker and logistics giant C.H. Robinson in a closely watched case.
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January 21, 2026
Apple Workers In Wash. Sue Over Limits On Moonlighting
Apple Inc. has broken a Washington state moonlighting law by prohibiting dozens of lower-wage workers from taking second jobs to supplement their incomes, according to a former employee's proposed class action against the company.
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January 21, 2026
SEC Accuses Unregistered NJ Adviser Of $1.6M Client Fraud
The U.S. Securities and Exchange Commission has accused a New Jersey-based investment adviser of losing $1.6 million on behalf of clients who were allegedly duped into believing he was a licensed securities trader with years of experience in the industry.
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January 21, 2026
FINRA Says Firm Broke Reg BI By Not Spotting Risky Trading
The Financial Industry Regulatory Authority has accused a broker-dealer and its ex-CEO of violating Regulation Best Interest by failing to identify suspicious, excessive trading in a customer account by a representative of the firm, causing the client $1.2 million in losses.
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January 21, 2026
FCC Warns Shows To Follow Political 'Equal Opportunity' Reg
The Federal Communications Commission cautioned TV broadcasters Wednesday that no exemption has been found that would let talk shows get around the agency's political equal opportunity rules.
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January 21, 2026
SEC Wins $9.7M In Cemtrex Fraud Case After 2nd Circ. Remand
The U.S. Securities and Exchange Commission has secured a $9.7 million judgment against the founder of an industrial manufacturer who allegedly diverted over $7.3 million of investor funds from his company to his private accounts, after the Second Circuit vacated the previous disgorgement award and remanded the case.
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January 21, 2026
Businesses Seek OK On $436M Toyota Forklift Emissions Deal
A proposed class of businesses is asking a California federal court to give the go-ahead on a $436 million settlement with Toyota Industries Corp. and its material handling affiliates in a suit that alleged the company misled them on their forklift and construction engine emissions.
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January 21, 2026
Feds Oppose Bail For Conn. Oil Trader During FCPA Appeal
Federal prosecutors are fighting an oil trader's bid for freedom while he appeals a 15-month Foreign Corrupt Practices Act prison sentence, arguing the trader should begin serving time by Feb. 9 because his jury conviction probably won't be reversed.
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January 21, 2026
3rd Circ. Questions Mushroom Farmer's Tax Bill Accounting
A Third Circuit panel appeared skeptical Wednesday of a woman's bid to reduce her prison term for tax violations connected to her family's mushroom farm, with judges suggesting that different swaths of taxes she failed to pay the government could be grouped together as "relevant conduct" under federal sentencing guidelines.
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January 21, 2026
AI Recruiting Co. Eightfold Sued Over Job Applicant 'Dossiers'
Job applicants have hit Eightfold AI with a proposed class action in California court, alleging the artificial intelligence company's business model violates longstanding consumer protection statutes by using "opaque" closely guarded AI algorithms to scrape personal data and generate "dossiers" on job applicants for major employers without applicants' knowledge or consent.
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January 21, 2026
Coinbase Investors Knew About Regulatory Issues, Court Told
Counsel for Coinbase urged a Pennsylvania federal judge Wednesday to dismiss a stockholder's proposed class action accusing the cryptocurrency exchange of not being up front with investors about its regulatory compliance, arguing the company had been transparent about what regulators in the U.S. and U.K. saw as deficiencies in Coinbase's anti-money laundering measures.
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January 21, 2026
11th Circ. Urged To Deny Inclusion Of Everglades Center Docs
The Trump administration and Florida's emergency management agency have urged the Eleventh Circuit to not supplement the appellate record with their communications on federal funding relating to the new immigration detention facility in the Everglades, arguing the documents are immaterial.
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January 21, 2026
US Says Utah Tribe Lacks Injury Claim In $16M Clean Air Deal
The federal government is asking the Tenth Circuit to deny the Ute Tribe's appeal to overturn a lower court's denial of its intervention to challenge a $16 million Clean Air Act consent decree, arguing that the Utah Indigenous nation can't identify any cognizable injury.
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January 21, 2026
Ala. Judge Lets Ex-Pro Rejoin College Basketball
An Alabama state court judge said Wednesday that a basketball player can play again at his former school after he spent two years in the NBA's developmental league, temporarily stopping the NCAA from ruling him ineligible after competing professionally.
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January 21, 2026
Alaska House Bill Would Limit Property Value Increases
Alaska would cap the amount by which a local assessor could increase the assessed value of real property from its previous assessment under a bill introduced in the state House of Representatives.
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January 21, 2026
Nationwide Unit Seeks Exit From Stock Dilution Scheme Suit
A Nationwide Mutual Insurance Co. unit told a federal court that it doesn't owe coverage to a company and its officers for a shareholder derivative lawsuit alleging the officers schemed to dilute the stockholders' shares, saying the underlying suit doesn't allege a covered loss for disgorgement or restitution.
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January 21, 2026
FTC Mulling Deal With Express Scripts In PBM Case
The Federal Trade Commission is considering a potential settlement with Express Scripts in the agency's case accusing the country's three largest pharmacy benefit managers of inflating insulin prices through rebate schemes.
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January 21, 2026
Morgan Lewis Adds Crypto-Focused Investment Atty
An attorney specializing in advising companies on cryptocurrency matters and derivatives transactions has moved his practice recently to Morgan Lewis & Bockius LLP's Pittsburgh office after more than two years with Blank Rome LLP.
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January 21, 2026
DOJ Outline Of New Fraud Role Doesn't Mention WH Oversight
A U.S. Department of Justice official explained the parameters of the new role of assistant attorney general for fraud in a recent letter to Congress, obtained Wednesday by Law360, but did not mention the individual will be overseen by the White House, as the vice president previously said.
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January 21, 2026
Jefferies Steered Feds To $200M Water Ponzi Case, Judge Told
Two men charged in connection with an allegedly massive water-vending Ponzi scheme were investigated after counsel for investment giant Jefferies — one defendant's former employer — walked the case into the Manhattan U.S. attorney's office, a federal judge heard Wednesday.
Expert Analysis
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Series
The Law Firm Merger Diaries: Integrating Practice Groups
Enacting unified leadership and consistent client service standards ensures law firm practice groups connect and collaborate around shared goals, turning a law firm merger into a platform for growth rather than a period of disruption, says Brian Catlett at Fennemore Craig.
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The Tricky Issues Underscoring Prediction Market Regulation
Prediction markets are not merely testing the boundaries of commodities law — they are challenging the conventional divisions between gambling regulation and financial market oversight, and in doing so, may reshape both, says Braeden Anderson at Gesmer Updegrove.
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Nonprofits Face Uncertainty Over Political Activity Rules
Two federal court decisions suggesting that the Internal Revenue Service's rules for 501(c)(4) organizations' political activity may be too vague to survive constitutional scrutiny leave nonprofit organizations caught between constitutional limits on government regulation of speech and tax limits on their exempt status, say attorneys at BakerHostetler.
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Opinion
Supreme Court Term Limits Would Carry Hidden Risk
While proposals for limiting the terms of U.S. Supreme Court justices are popular, a steady stream of relatively young, highly marketable ex-justices with unique knowledge and influence entering the marketplace of law and politics could create new problems, say Michael Broyde at Emory University and Hayden Hall at the U.S. Bankruptcy Court for the District of Delaware.
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Navigating A Sea Change In Rent Algorithm Regulation
The U.S. Department of Justice's proposed settlement of the RealPage lawsuit represents a pivotal moment in the regulation of algorithmic rent-setting, restraining use of these tools amid a growing trend of regulatory limits on use of algorithmic data and methodologies in establishing housing rental prices. say attorneys at Wilson Elser.
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Next Steps For Orgs. Amid Updated OpenAI Usage Policies
OpenAI's updates to its usage policies, clarifying that its tools are not substitutes for professional medical, legal or other regulated advice, sends a clear signal that organizations should mirror this clarity in their governance policies to mitigate compliance and liability exposure, say attorneys at Baker Donelson.
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The SEC Whistleblower Program A Year Into 2nd Trump Admin
The U.S. Securities and Exchange Commission's whistleblower program continues to operate as designed, but its internal cadence, scrutiny of claims and operational structure reflect a period of recalibration, with precision mattering more than ever, say attorneys Scott Silver and David Chase.
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Key Crypto Class Action Trends And Rulings In 2025
As the law continued to take shape in the growing area of crypto-assets, this year saw a jump in crypto class action litigation, including noteworthy decisions on motions to compel arbitration and class certification, according to Justin Donoho at Duane Morris.
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New Russia Energy Sanctions Add Compliance Complexity
Recent U.S. and U.K. designations of Russian oil companies and related entities, as well as a new sanctions package from EU, mark a significant escalation in restrictions on the Russian energy industry and add a new layer of regulatory complications for companies operating in the global energy sector, say attorneys at Simpson Thacher.
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6 Laws For Calif. Employers To Know In 2026
California's legislative changes for 2026 impose sweeping new obligations on employers, including by expanding pay data reporting, clarifying protections related to bias mitigation training and broadening record access rights, but employers can avoid heightened exposure by proactively evaluating their compliance, modernizing internal systems and updating policies, says Alexa Foley at Gordon Rees.
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Tips For Drafting, Negotiating Quantum Service Agreements
Due to the experimental and volatile nature of quantum computing technology — at least initially — lawyers and legal practitioners should consider a few risks when drafting or negotiating a quantum-as-a-service agreement, including if the underlying hardware design is faulty or not appropriate for maintenance, say attorneys at Covington.
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How New SEC Policies Shift Shareholder Proposal Landscape
U.S. Securities and Exchange Commission Chairman Paul Atkins' recent remarks provide a road map for public companies to exclude nonbinding shareholder proposals from proxy materials, which would disrupt the mechanism that has traditionally defined how shareholders and companies engage on governance matters, say attorneys at Gunderson.
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Series
Knitting Makes Me A Better Lawyer
Stretching my skills as a knitter makes me a better antitrust attorney by challenging me to recalibrate after wrong turns, not rush outcomes, and trust that I can teach myself the skills to tackle new and difficult projects — even when I don’t have a pattern to work from, says Kara Kuritz at V&E.
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How 11th Circ.'s Qui Tam Review Could Affect FCA Litigation
On Dec. 12, the Eleventh Circuit will hear arguments in U.S. ex rel. Zafirov v. Florida Medical Associates, setting the stage for a decision that could drastically reduce enforcement under the False Claims Act, and presenting an opportunity to seek U.S. Supreme Court review of the act's whistleblower provisions, say attorneys at Epstein Becker.
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The Hidden Pitfalls Of Letters Of Credit In Lease Negotiations
Amid a surge in commercial office leasing driven by artificial intelligence firms, it's crucial for landlords to be aware of the potential downside of accepting letters of credit — in particular, for amounts of security that are less than the statutory bankruptcy claim cap, say attorneys at Allen Matkins.