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Compliance
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August 05, 2025
SEC Deems 'Liquid Staking' Outside Its Crypto Purview
U.S. Securities and Exchange Commission staff said Tuesday that certain so-called liquid staking arrangements and the assets they create are beyond its jurisdiction, marking the agency's first piece of guidance since announcing a push to craft rules and establish exemptions for the digital asset industry in line with recent White House recommendations.
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August 05, 2025
Feds Aim To Shut Off Kids' Challenge To Trump Energy Orders
A lawsuit filed by youths alleging that President Donald Trump's energy policy directives harm their future by exacerbating climate change should be dismissed because their claims can't be addressed by courts, the federal government said Monday.
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August 05, 2025
NAB Says Streamers' Success Makes 39% Cap Outdated
The broadcast industry's top lobbying group said marketplace changes call for the Federal Communications Commission to lift the 39% cap on national TV audience share.
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August 05, 2025
DC Judge Pauses Walmart Pricing Suit, Citing Chicago Case
A federal judge in the District of Columbia pressed pause on a lawsuit accusing Walmart of charging customers more for certain items at the register than the retailer advertises on its shelves, saying an older Chicago case should be resolved first given its revival last year.
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August 05, 2025
FCC Moves Ahead On Controversial Broadband Inquiry
The Federal Communications Commission said Tuesday it has launched a plan to study the deployment of broadband services across the U.S. that consumer groups have attacked as failing to account for wide gaps in adoption and affordability.
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August 05, 2025
Shuttered NJ Importer Pleads Guilty To Hiding AC Fire Risks
A defunct New Jersey importer of consumer appliances pled guilty on Tuesday to one count of willfully violating the Consumer Product Safety Act for its failure to report dangerous defects in more than 33,000 portable air conditioners that have been linked to more than 40 fires and one death, the U.S. Department of Justice announced.
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August 05, 2025
Feds Float Long-Awaited Drone Rule For Beyond Line Of Sight
The Trump administration on Tuesday proposed a long-awaited rule that would allow commercial drones to be flown beyond an operator's visual line of sight, paving the way for drones to be used for longer-range purposes like fighting wildfires and inspecting infrastructure.
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August 05, 2025
SEC Fines Platform Founder $10M Over Crypto-Backed Scam
The owner of a shuttered lending platform has agreed to pay over $10 million to end a U.S. Securities and Exchange Commission case accusing him of defrauding customers by using their money to buy millions of dollars' worth of TerraUSD before the stablecoin collapsed.
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August 05, 2025
States Push DOJ To Crack Down On Illegal Offshore Gambling
Attorneys general from several states have written a letter asking the U.S. Department of Justice to target the "rampant spread" of illicit offshore online sports betting and gambling operations, which they say are harming United States citizens and depriving states of tax revenue.
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August 05, 2025
Trump-Tied SPAC Exec Rips SEC Suit After Deal Talks Fizzle
The former CEO of the special-purpose acquisition company that took President Donald Trump's social media platform public has renewed his bid to dismiss the U.S. Securities and Exchange Commission's suit alleging he failed to timely alert investors to the prospective deal after settlement talks broke down.
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August 05, 2025
Calif. City Sanctioned Over Missing Reports In Dow, PPG Case
A San Francisco Superior Court judge found that a California city that's pursued decades-long litigation against Dow Chemical and PPG Industries over dry cleaning chemicals that allegedly contaminated city sites "committed egregious discovery violations" by destroying and concealing 1991 reports related to the chemicals leaking into the city's groundwater.
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August 05, 2025
Ex-GoPro CLO Now Steering AI Cyberbiz's Legal Dept.
AI-driven cybersecurity company Darktrace announced this week that GoPro's former chief legal officer is now leading its legal department, while the camera technology company has promoted an in-house attorney to serve as its general counsel.
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August 05, 2025
Amazon, DC AG Seek To Delay Antitrust Trial To May 2027
The D.C. Attorney General's Office and Amazon are seeking more time to complete fact discovery in the city's antitrust suit against the online retail giant, asking for the potential trial in the case to be moved from January 2027 to May of that year.
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August 05, 2025
NJ Court Clarifies Sentencing Guidelines For Weapons Charge
First-degree unlawful possession of a handgun does not automatically activate the mandatory parole disqualifiers of the Graves Act, a cornerstone of New Jersey's firearm sentencing framework, the state's highest court ruled Tuesday.
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August 05, 2025
States Win Ruling To Shield FEMA Disaster Prevention Funds
A Massachusetts federal judge on Tuesday temporarily barred the Trump administration from redirecting more than $4 billion in funds allocated by Congress for natural disaster mitigation efforts toward other Federal Emergency Management Agency programs.
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August 05, 2025
Lottery.com SPAC Exec Wants Info From California Fraud Case
A Manhattan federal judge said Tuesday that he will weigh a request by a special purpose acquisition company CEO accused of fraud in a merger involving Lottery.com Inc. to have New York prosecutors provide discovery from a California criminal case.
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August 05, 2025
Fla. Biz Won't Sell Knockoff Weight Loss Drugs After AG Deal
A string of Florida companies and their owner have agreed to stop selling what Connecticut authorities called "bootleg" GLP-1 weight loss drugs nationwide and enter into a $300,000 settlement, records in a consumer protection enforcement action show.
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August 04, 2025
9th Circ. Says Rival Vegas Newspapers' Deal Was Not Legal
The Ninth Circuit handed a win to a Las Vegas newspaper formerly owned by the late billionaire Sheldon Adelson in antitrust litigation accusing the daily of trying to ruin its liberal rival, saying Monday that the papers' joint operating agreement should be dissolved as "unlawful and unenforceable."
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August 04, 2025
Sandwich Seller Owes $32K For Breaching Noncompete Pact
A Pennsylvania federal judge on Monday found in favor of the owners of a sandwich fundraising and catering company who accused its former owner of breaching multiple noncompete and confidentiality agreements by launching a rival business and stealing recipes and customer information.
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August 04, 2025
Citibank Ignored Red Flags About $45M Wire Fraud, Suit Says
Citibank failed to stop scammers from absconding with $45 million from a real estate property transaction when it processed payment orders even after it detected name mismatches between the identified transaction beneficiary and the account holder, according to a lawsuit filed Friday in California federal court.
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August 04, 2025
FCC Told States, Cities To Blame For Broadband Delays
A trade association representing the global broadband industry told the Federal Communications Commission that state and local practice vary widely when it comes to broadband permitting, with some approvals taking more than a year and fees and bureaucratic delays being a frequent issue.
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August 04, 2025
Kalshi Incurs 1st Loss In Quest To Avoid State Scrutiny
A Maryland federal judge won't bar the state's gaming regulators from taking action over Kalshi's sports event contracts for the time being, finding the trading platform hasn't shown that Congress specifically intended to preempt state gambling laws when it passed federal derivatives regulation.
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August 04, 2025
California Egg Farmers Join Defense Of Animal Welfare Laws
The Association of California Egg Farmers and several animal rights groups seek to join the Golden State's defense of animal welfare laws being challenged by the federal government.
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August 04, 2025
DOJ Investigates FlixBus, Greyhound Over ADA Complaints
Greyhound and Flixbus are being investigated by the U.S. Department of Justice over allegations that they are discriminating against riders with disabilities by denying them reasonable accommodations, including failing to properly maintain lifts on buses, not helping riders use the lifts and refusing to allow service animals to be with riders.
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August 04, 2025
Chancery Bars 'D-Day' Data Block By Nielsen Holdings Spinoff
A Delaware vice chancellor on Monday permanently barred Nielsen Holdings Ltd. spinoff NIQ from carrying out a "fairly blatant" plan to cut off its parent and a competitor from accessing its data, a move the spinoff purportedly described as "D-Day."
Expert Analysis
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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.
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Lessons From Crackdown On Mexican Banks With Cartel Ties
Recent U.S. Treasury Department orders excluding three major Mexican financial institutions from the U.S. banking system for laundering drug cartel money and processing payments for fentanyl precursor chemicals offer guidance for companies in reviewing their procedures and controls to ensure they are not the next targets, say attorneys at Paul Weiss.
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Litigation Inspiration: How To Respond After A Loss
Every litigator loses a case now and then, and the sting of that loss can become a medicine that strengthens or a poison that corrodes, depending on how the attorney responds, says Bennett Rawicki at Hilgers Graben.
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While On Firmer Ground, Uncertainty Remains For SEC's ALJs
The U.S. District Court for the District of Columbia's recent opinion in Lemelson v. U.S. Securities and Exchange Commission affirmed the legitimacy of the SEC's administrative proceedings, but pointedly left unanswered the constitutional merits of tenure protection enjoyed by SEC administrative law judges — potentially the subject of future U.S. Supreme Court review, says Dean Conway at Carlton Fields.