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Compliance
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December 12, 2025
Higgs Fletcher Forms White Collar, Regs Enforcement Team
San Diego-based law firm Higgs Fletcher & Mack LLP has launched a white collar crime and regulatory enforcement defense practice group, citing heightened regulatory scrutiny in the financial and healthcare sectors and rising enforcement risks for licensed professionals and institutions.
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December 11, 2025
Trump Orders Review Of Proxy Advisers' 'Substantial Power'
President Donald Trump on Thursday issued an executive order that aims to scrutinize the influence that proxy adviser firms like Institutional Shareholder Services Inc. and Glass Lewis & Co. LLC have, including in relation to diversity, equity and inclusion agendas.
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December 11, 2025
Trump Executive Order Targets 'Excessive' State AI Laws
President Donald Trump on Thursday signed a controversial executive order establishing a "minimally burdensome national standard" for regulating artificial intelligence, deeming the order necessary for the United States to remain a leader in AI amid "excessive" state regulation.
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December 11, 2025
FSOC To Tack Toward Deregulation For Growth, Bessent Says
U.S. Treasury Secretary Scott Bessent said Thursday that the Financial Stability Oversight Council will pivot toward a focus on promoting economic growth through deregulation, charting a new course for the panel that mirrors shifts underway at its member agencies.
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December 11, 2025
House Passes Bill To Rev Up Investment, Biz Opportunities
The U.S. House of Representatives on Thursday passed bipartisan legislation that would revamp securities law by making it easier for entrepreneurs and small businesses to access capital and by expanding investment opportunities in private markets.
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December 11, 2025
9th Circ. Upholds Apple App Store Injunction In Epic Fight
The Ninth Circuit mostly affirmed an injunction blocking Apple Inc. from charging developers "prohibitive" commissions on iPhone app purchases made outside its systems on Thursday, handing Epic Games Inc. a partial win in their hotly contested compliance fight while agreeing with Apple that the injunction's commissions ban and certain restrictions are punitive and overbroad.
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December 11, 2025
House Panel Advances Nearly 20 Bills To Protect Kids Online
A package of 18 bills that propose using methods such age verification mandates, government-run studies and educational campaigns to enhance online safeguards for children passed through a House subcommittee Thursday, despite concerns from Democrats that the measures wouldn't be enough to counter recent moves to reduce the roles of states and the Federal Trade Commission in this space.
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December 11, 2025
DoorDash, Uber Sue NYC To Block Checkout Tip Prompt Law
DoorDash and Uber Eats filed suit together Thursday in Manhattan federal court, seeking to block two New York City laws that the food delivery companies say force them to solicit tips before or as customers check out, in an alleged violation of the companies' constitutional rights.
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December 11, 2025
9th Circ. Won't Rethink Vegas Hotels' Win In Price-Fixing Suit
The Ninth Circuit on Thursday rejected Las Vegas hotel guests' request for the full appeals court to reconsider a panel's August ruling that threw out their proposed class action accusing the casino-hotel operators of using software to illegally inflate room rates.
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December 11, 2025
DC Circ. Oversees FDA Fight Over Generic IBS Drug
Norwich Pharmaceuticals faced off against the U.S. Food and Drug Administration before the D.C. Circuit twice Thursday morning, both battles part of the drugmaker's five-year effort to bring a generic version of a prescription antibiotic used to treat irritable bowel syndrome to market.
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December 11, 2025
Alaska Natives Say Arctic Oil Project Ignores Enviro Risks
The U.S. Department of the Interior's Bureau of Land Management failed to properly evaluate the environmental impacts of ConocoPhillips Alaska Inc.'s seismic and exploration drilling program in the National Petroleum Reserve, Alaskan natives and green groups said Thursday in a new lawsuit.
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December 11, 2025
Grants Can Be Axed For Political Reasons, DOJ Atty Says
A Trump administration lawyer said Thursday that the president had blanket authority to cancel every discretionary grant slated for states that broke against him in the general election, and it wouldn't amount to a violation of the Fifth Amendment's equal protection guarantee.
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December 11, 2025
Gemini To Offer Prediction Markets With CFTC License
Winklevoss-led crypto firm Gemini plans to soon offer prediction markets to customers now that it's won a designated contract market license from the U.S. Commodity Futures Trading Commission.
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December 11, 2025
House Weighs CFTC's Future As Admin Looks To Fill Positions
The White House said Thursday that it will soon fill some of the open leadership positions at the U.S. Commodity Futures Trading Commission, as industry experts and former CFTC insiders told Congress that the agency will need more funding and additional personnel if it's to properly police the cryptocurrency and prediction markets.
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December 11, 2025
Epic Systems Is Monopolizing EHR Market, Texas AG Suit Says
Texas Attorney General Ken Paxton hit Epic Systems Corp. with an antitrust suit in state court on Wednesday alleging the company is illegally seeking to monopolize markets for electronic health records software.
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December 11, 2025
NY Gov. Signs Landmark AI Bill On 'Synthetic' Ad Performers
New York Gov. Kathy Hochul on Thursday signed into law landmark legislation requiring disclosure of the use of any artificial intelligence-generated "synthetic" performers in advertisements and also requiring the consent of heirs or executors to use the name, image or likeness of a person who has died.
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December 11, 2025
Kratom, Kava Sellers Drop Suit Over Utah Product Ban
A company that marketed psychoactive products derived from the kratom leaf and kava root has permanently dropped its federal lawsuit against Utah regulators challenging the constitutionality of rules blocking the sale of their wares in the state.
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December 11, 2025
Visa Defeats Payments Co.'s 'Muddled' Antitrust Suit
A California federal judge Thursday dismissed a payment solutions company's lawsuit accusing Visa Inc. of monopolizing the card payment processing services market, criticizing the company's latest complaint as being "harder to follow" than one previously tossed and still failing to allege any antitrust injury.
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December 11, 2025
Court Orders Redesign Of Calif. Cannabis Tracking System
California's Department of Cannabis Control must overhaul its tracking system, a state court judge has ruled, saying it fails to highlight suspicious transactions or notify the department of regulatory violations, as required by state law.
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December 11, 2025
SEC Must Provide Names To Compliance Chief In Fraud Suit
An Illinois federal judge on Thursday ordered the U.S. Securities and Exchange Commission to comply with a chief compliance officer's request for the names of agency staffers familiar with his whistleblower claims as he defends allegations that he played a role in a purportedly fraudulent stock offering by a "sham" energy company.
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December 11, 2025
FTC Challenges $725M Construction Adhesives Deal
The Federal Trade Commission filed suit Thursday in New York federal court to challenge a $725 million merger combining Loctite with Liquid Nails, arguing that joining "the clear top two brands of construction adhesives" would drive up costs for home building and improvement.
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December 11, 2025
Localities Worried Over FCC Preemption On Rights Of Way
Cities are protesting a legal effort underway at the Federal Communications Commission to potentially override local decision-making when it comes to the use of publicly owned rights of way for high-speed internet deployment projects.
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December 11, 2025
SEC Gives DTCC Nod To Offer Tokenization Service
The U.S. Securities and Exchange Commission on Thursday issued a no-action letter clearing the way for The Depository Trust & Clearing Corp. to launch a service tokenizing certain securities.
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December 11, 2025
Texas Business Group CEO Resigns After Sexual Assault Suit
The CEO of Texas' largest business association has stepped down after a woman who founded a business advocacy group said he attempted to coerce her into a sexual relationship and then assaulted her when she rejected his advances.
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December 11, 2025
Mass. Woman Charged With Theft Of $1M IRS Refund Check
A Massachusetts woman has been arrested on allegations that she set up a bogus corporation and a bank account in a scheme to steal a tax refund check for nearly $1 million that she says she was sent by a man she met online, federal prosecutors announced Thursday.
Expert Analysis
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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.
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Prepping For 2026 Shifts In Calif. Workplace Safety Rules
California's Division of Occupational Safety and Health is preparing for significant shifts and increased enforcement in 2026, so key safety programs — including injury and illness prevention plans, workplace violence plans, and heat illness prevention procedures — must remain a focus for employers, says Rachel Conn at Conn Maciel.
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Series
The Biz Court Digest: Welcome To Miami
After nearly 20 years in operation, the Miami Complex Business Litigation Division is a pioneer upon which other jurisdictions in the state have been modeled, adopting many innovations to keep its cases running more efficiently and staffing experienced judges who are accustomed to hearing business disputes, say attorneys at King & Spalding.
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How AI Exec Order May Tee Up Legal Fights With States
The Trump administration's draft executive order would allow it to challenge and withhold federal dollars from states with artificial intelligence laws, but until Congress passes comprehensive AI legislation, states may have to defend their regulatory frameworks in extended litigation, says Charles Mills, a clerk at the U.S. District Court for the Northern District of West Virginia.
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Recent Proposals May Spell Supervision Overhaul For Banks
A slew of rules recently proposed by the federal banking agencies with approaching comment deadlines would rewrite supervision standards to be further tailored to banks' size and activities, while prioritizing financial risks over process, documentation and other nonfinancial risks, say attorneys at Davis Wright.
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Where DEI Stands After The Federal Crackdown In 2025
The federal government's actions this year have marked a fundamental shift in the enforcement of antidiscrimination laws, indicating that diversity, equity and inclusion initiatives that perpetuate allegedly unlawful discrimination will face vigorous scrutiny in 2026, say attorneys at Jackson Lewis.
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How MAHA Is Taking Shape At The State Level
The national spotlight on the federal government's Make America Healthy Again movement is bolstering state-level actions regarding potential health impacts of certain food ingredients, increasing the difficulty and importance of maintaining effective compliance programs, say attorneys at Cooley.
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Rule Update May Mean Simpler PFAS Reports, Faster Timeline
The U.S. Environmental Protection Agency's recently proposed revisions to the Toxic Substances Control Act's per- and polyfluoroalkyl substances reporting rule would substantially narrow reporting obligations, but if the rule is finalized, companies will need to prepare for a significantly accelerated timeline for data submissions, say attorneys at Alston & Bird.