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Compliance
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September 11, 2025
Energy Giants Largely Defeat Climate Change RICO Suit
A Puerto Rico federal judge on Thursday mostly threw out, for good, racketeering and antitrust claims accusing a slew of energy industry companies of misrepresenting the climate dangers of fossil fuel products in causing a pair of hurricanes, though she declined to throw out some of the claims with prejudice.
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September 11, 2025
Uber Sued By Feds, Accused Of Disability-Based Bias
The federal government Thursday hauled Uber Technologies Inc. into a federal court in San Francisco, accusing the transportation company of discriminating against riders with disabilities, including by allegedly refusing service to individuals traveling with service animals or using stowable wheelchairs.
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September 11, 2025
States Push Conn. Court To Ban Generic Drug Price-Fixing
A court order is necessary to prevent pharmaceutical companies and their executives from illegally fixing the prices of generic drugs, a coalition of state enforcers have told a Connecticut federal judge, arguing there is a "reasonable expectation" that the allegedly anticompetitive behavior at the center of multidistrict litigation will happen again.
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September 11, 2025
Trump's CFTC Nominee Publicly Feuds With Winklevoss Twins
Brian Quintenz is accusing crypto exchange founders Tyler and Cameron Winklevoss of pressuring President Donald Trump to delay his nomination to lead the U.S. Commodity Futures Trading Commission, saying in a social media post that the identical 44-year-old twins were apparently unhappy that he refused to make promises about a complaint they've lodged against agency attorneys.
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September 11, 2025
Trump Wants Fed Gov. Cook Out Before Next Rate Meeting
The Trump administration asked the D.C. Circuit Thursday to halt a preliminary injunction barring the removal of Federal Reserve Gov. Lisa Cook, urging the appellate court to fast-track its decision in an effort to block Cook from participating in a meeting regarding interest rates next week.
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September 11, 2025
9th Circ. Says News Article Doesn't Doom Biotronik FCA Suit
The Ninth Circuit revived a False Claims Act suit alleging that Biotronik orchestrated an illicit compensation scheme to boost the implantation of its cardiac devices in patients at Cedars-Sinai Medical Center in Los Angeles, saying the whistleblower's complaint presents new information that is not barred by fraud allegations disclosed in an earlier news article.
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September 11, 2025
Capital One Sues FDIC Over $149M SVB Bailout Charge
Capital One has sued the Federal Deposit Insurance Corp. in Virginia federal court challenging a $149 million charge in a special assessment levied by the agency as part of an effort to recoup losses from the 2023 regional banking crisis, saying the FDIC improperly included certain data in its calculation of the special assessment.
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September 11, 2025
FTC Presses OpenAI, Meta On AI Chatbots' Impact On Kids
The Federal Trade Commission is seeking information from Meta, OpenAI, Google and four others about the steps they're taking to measure and monitor the potentially negative impacts that AI-powered chatbots that are designed to act as companions are having on children and teens, the agency revealed Thursday.
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September 11, 2025
'Delete Delete Delete': FCC To Slash Hundreds Of Old Rules
The Federal Communications Commission plans to get rid of nearly 400 rules that it says are obsolete, some of which hail from the "Ma Bell" era, and the agency has said it won't seek input on its updated guidance unless pressed to do so.
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September 11, 2025
SEC Sues Podcast Host, Others Over $82M In Securities Sales
A trio of allegedly unregistered securities brokers, including a podcaster, are facing a suit from the U.S. Securities and Exchange Commission, alleging they sold unregistered oil and gas securities at the behest of sponsors of the associated unregistered offerings, raising a combined $82 million in exchange for transaction-based compensation.
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September 11, 2025
SEC Fights Musk's Bid To Send Twitter Case To Texas
The U.S. Securities and Exchange Commission is challenging Elon Musk's attempt to have a lawsuit over his purchase of Twitter shares moved to Texas, arguing Thursday that there was "no question" that the case belonged in Washington, D.C.
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September 11, 2025
SEC Drops Suit Against Nikola Founder After Trump's Pardon
The U.S. Securities and Exchange Commission on Thursday ended its civil enforcement action in New York federal court against Nikola founder Trevor Milton months after he was pardoned by President Donald Trump for his securities fraud conviction on charges of lying to boost the company's stock on Wall Street.
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September 11, 2025
Expert's AI Hallucinations Blamed On Attys' 'Willful Blindness'
Utah anesthesiologists facing a False Claims Act fraudulent billing suit doubled down Wednesday on their bid to sanction and disqualify the whistleblower's counsel for not catching an expert witness report with numerous AI-generated fabrications, arguing the errors were so obvious that the failure to catch them constitutes "willful blindness."
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September 11, 2025
T-Mobile Settles With FCC Over Unapproved Phone Rollout
T-Mobile has reached an agreement with the Federal Communications Commission to resolve allegations that it began marketing a new cellphone model before getting a green light in the FCC's equipment testing process.
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September 11, 2025
CFTC Withdraws Biden-Era Voluntary Carbon Credit Guidance
The U.S. Commodity Futures Trading Commission has withdrawn Biden-era guidelines that were intended to foster transparency and deter manipulation in the emerging market for voluntary carbon credits.
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September 11, 2025
Weedmaps Shouldn't Get To Exit Fraud Suit, Investor Says
Weedmaps Technology Inc., a cannabis tech company that was fined by federal regulators for allegedly misleading investors, shouldn't be allowed to escape an investor-led proposed class action, the lead plaintiff has told a California federal court, saying the company's arguments defy common sense and understandings of the word "engage."
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September 11, 2025
Cable Cos. Call For Faster Access To Investor-Owned Poles
High-speed internet service is being deployed to Americans in a "reasonable and timely" fashion, but if the Federal Communications Commission wanted to speed things up a little, a trade group says it could always make it easier to access investor-owned utility poles.
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September 11, 2025
Moelis Says Pact Spurring Del. Corp. Law Rework Is Lawful
Attorneys for Moelis & Co. have told Delaware's justices that a stockholder agreement that solidified Ken Moelis' control of the investment bank was either valid or lawfully obtainable by other means before the Court of Chancery struck it down last year, with time to challenge key provisions long since expired.
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September 11, 2025
NCAA Investigating 13 More Alleged Sports Betting Violations
The NCAA announced Thursday that it is investigating an additional 13 former men's basketball players from several universities for alleged sports betting violations.
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September 11, 2025
7th Circ. Backs $183M FCA Award Over Eli Lilly Drug Rebates
The Seventh Circuit refused on Thursday to unwind a whistleblower's $183 million trial win against Eli Lilly in a false claims case targeting more than a decade of drug rebate miscalculations, saying a jury reasonably found that the company knowingly "hid the truth" about how much it charged for Medicaid-covered drugs.
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September 11, 2025
Dental Supply Co.'s $84M Price-Fixing Deal Gets Final OK
Dental supply company Dentsply Sirona Inc. and its investors have gotten final approval for an $84 million deal resolving consolidated shareholder class action claims that the company hurt investors by concealing a price-fixing scheme and a distributor's inventory buildup.
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September 11, 2025
Texas Justices Wary Of Letting Developers Out Of $75M Bond
Texas Supreme Court justices seemed hesitant Thursday to buy an argument from Greystar Development & Construction LP that it and other defendants on the hook for a $406 million judgment only need to collectively pay a $25 million bond for their appeal, saying the statute seemingly compels each individual defendant to pony up.
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September 11, 2025
NY Judge Lets Baosheng IPO Suit Proceed But Drops Auditors
A New York federal judge has ruled that investors can move forward with claims that Baosheng Media misled them by failing to disclose an investigation by Chinese authorities ahead of its initial public offering, but found they'd failed to state a claim against the auditor defendants in the suit.
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September 11, 2025
U.S. Halts Discretionary Funds For Race-Based College Grants
The U.S. Department of Education will withhold $350 million in discretionary spending for minority-serving colleges and universities and end their discretionary funding, saying the institutions discriminate by having racial or ethnic quotas.
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September 11, 2025
FCC Focuses On 'Friendly' Space Regulatory Environment
Federal Communications Commission leaders said this week one of their top goals is to make the U.S. the world's most hospitable regulatory turf for commercial space activity as "Space Race 2.0" accelerates with China.
Expert Analysis
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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.
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A Look At Trump 2.0 Antitrust Enforcement So Far
The first six months of President Donald Trump's second administration were marked by aggressive antitrust enforcement tempered by traditional structural remedies for mergers, but other unprecedented actions, like the firing of Federal Trade Commission Democrats, will likely stoke heated discussion ahead, says Richard Dagen at Axinn.
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FCA Working Group Reboot Signals EHR Compliance Risk
The revival of the False Claims Act working group is an aggressive expansion of enforcement efforts by the Justice Department and the U.S. Department of Health and Human Services targeted toward technology-enabled fraud involving electronic health records and other data, say attorneys at ArentFox Schiff.
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Reform Partly Modernizes Small Biz Stock Gains Exclusion
Changes to the Internal Revenue Code in the One Big Beautiful Bill Act update the qualified small business stock gains exclusion to reflect inflation, but the regime would be more in line with current business realities if Congress had also made the exemption available to additional business structures, says Mark Parthemer at Glenmede.
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Breaking Down Novel Va. Social Media Law For Minors
While a Virginia bill passed in May is notable for setting a one-hour daily limit on minors' use of social media, other provisions create compliance burdens for social media operators and app store providers, and increase privacy and security risks associated with the collection of sensitive information to prove identity, says Jenna Rode at Hunton.
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How Real Estate Funds Can Leverage Del. Statutory Trusts
Over the last two years, traditional real estate fund sponsors have begun to more frequently adopt Delaware Statutory Trust programs, which can help diversify capital-raising strategies and access to new sources of capital, among other benefits, say attorneys at Polsinelli.