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Compliance
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June 24, 2025
Twitter Investors Seek Class Cert. In Suit Against Musk
Shareholders of the social media company formerly known as Twitter have asked a New York federal judge to certify their proposed class in a suit accusing Elon Musk of failing to timely disclose his purchase of company stock back when it was publicly traded.
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June 24, 2025
No New Trial For Convicted Crypto CEO Linked To Abramoff
A California federal judge Tuesday declined to acquit a cryptocurrency company founder convicted of fraud and money laundering in a case that also involved disgraced ex-lobbyist Jack Abramoff, calling the defendant's assertions that the court wrongly blocked evidence showing Abramoff had conspired against the company "laughable."
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June 24, 2025
Calif. AG Asks 9th Circ. To Undo Limits On Pay-For-Delay Ban
California enforcers on Monday asked the Ninth Circuit to overturn a district court's decision that a state law restricting "reverse payment" settlements between brand-name and generic-drug makers cannot be used to regulate deals that were struck outside the Golden State.
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June 24, 2025
Visa Can't Duck DOJ's Debit Card Monopoly Case
A New York federal court has refused to throw out the U.S. Department of Justice's case accusing Visa of illegally maintaining a monopoly over debit card networks, rejecting arguments about the market at issue, discounts offered and the scope of deals with would-be competitors.
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June 24, 2025
Green Group Sues Forest Service Over NH Logging Project
A green group on Monday asked a New Hampshire federal court to strike down the U.S. Forest Service's approval of a White Mountain National Forest logging project that the group said didn't get the proper environmental review.
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June 24, 2025
Texas Narrows Discovery Allowance In Property Tax Appeals
Texas district courts can't order discovery in property tax cases unless the discovery is requested by the appealing party under a bill signed by Gov. Greg Abbott.
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June 24, 2025
Food Co. Escapes Workers' Wage Theft Suit
Two former employees brought their lawsuit accusing a food services company of using a faulty timekeeping system that shortchanged their wages too late, a New Jersey federal judge ruled, granting the company's bid to throw out the proposed class action.
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June 24, 2025
Apple Assails 'Fundamentally Unfair' App Order At 9th Circ.
Apple urged the Ninth Circuit on Monday to nix a district court's "unduly punitive" mandate blocking it from charging any commission on iPhone app purchases made outside its systems, arguing an Epic Games injunction redux goes far beyond the original order and attacks conduct that's not illegal under California law.
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June 24, 2025
Alaska Must Challenge Tribe's Gaming Hall In Home State
The state of Alaska must challenge federal approval for an Alaska Native tribe's gaming hall on its home turf and not in Washington, D.C., a D.C. federal judge ruled.
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June 24, 2025
Cable Cos. Push For Faster 'Self-Help' To Upgrade Poles
Broadband providers need authority to quickly hire their own contractors to upgrade poles for service attachments if utilities that own the infrastructure can't get the work done quickly enough, a cable lobbying group told the Federal Communications Commission.
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June 24, 2025
Dechert Grows In DC With SEC Investment Management Atty
Dechert LLP announced Tuesday that it has added the former assistant chief counsel of the U.S. Securities and Exchange Commission's Division of Investment Management to enhance its capacity to advise clients about financial services and regulatory matters.
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June 24, 2025
CMA Outlines Potential Fixes For Google Search In UK
Britain's competition authority on Tuesday proposed applying the country's new digital markets regime to Google's search service and said it is considering potential interventions, including requiring choice screens and setting rules for search rankings.
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June 24, 2025
Pot Dispatcher Can't Upend Co-Worker's $400K Wage Deal
A California appeals court has upheld a $400,000 wage-and-hour settlement between a cannabis delivery driver and The Highest Craft LLC, finding that a dispatcher whose claims are also covered under the settlement failed to show the deal was unfair or insufficiently investigated.
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June 23, 2025
GOP Plan For Merging Agencies Faces Reckoning, And Alarm
The Senate parliamentarian has given a thumbs-down to a Republican budget proposal that would allow President Donald Trump to unilaterally eliminate agencies through mergers and consolidation, adding to what experts say are a host of problems with the little-noticed provision.
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June 23, 2025
Gov't Must Report To-Be-Deleted Signal Chats, Judge Says
The U.S. Department of Defense will need to inform Secretary of State Marco Rubio about any Signal chats sent by top agency officials that are at risk of being automatically deleted, a D.C. federal judge has ruled.
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June 23, 2025
Muddy Waters Must Face Suit Over $14M SEC Tipster Award
Investment research service Muddy Waters LLC and its founder cannot escape a lawsuit alleging they stiffed a purported former partner out of his share of a $14 million whistleblower award from the U.S. Securities and Exchange Commission, a New York federal judge ruled Monday.
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June 23, 2025
NC Restarts $1.5B Broadband Program After Fed Revamp
North Carolina says it will be overhauling its $1.5 billion state broadband deployment program this summer to comply with the Trump administration's restructuring of the $46.5 billion federal program.
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June 23, 2025
Feds OK License Transfers To Navigation Co. Subsidiary
A unit of 3D geolocation service NextNav has gotten the green light from the Federal Communications Commission to take over licenses for location services previously owned by Telesaurus Holdings.
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June 23, 2025
SEC Names Wiley Rein Partner As Inspector General
The U.S. Securities and Exchange Commission announced Monday that a white collar defense and government investigations partner at Wiley Rein LLP will serve as the agency's next inspector general, starting late next month.
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June 23, 2025
CBS Says Trump's $20B Suit Doesn't Belong In Texas
Paramount Global and CBS Broadcasting told a Texas federal judge President Donald Trump's $20 billion lawsuit accusing the network of deceptively doctoring a "60 Minutes" interview with Kamala Harris belongs outside the Lone Star State, saying in a Monday brief the interview took place "nearly two thousand miles from this courthouse."
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June 23, 2025
FTC Tells Court Not To Pause Meta's Privacy Order Challenge
The Federal Trade Commission is pushing back on Meta's request to stay the company's constitutional challenge to the commission's bid to bar the Facebook parent from monetizing children's data for 90 days, saying Meta has done nothing to show it could be harmed by continuing the case.
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June 23, 2025
Drink Co., Founder To Pay SEC $1.1M Over Faux Rihanna Deal
A beverage company and its founder have agreed to give the U.S. Securities and Exchange Commission over $1.1 million as part of a resolution of claims they misused investor funds and inaccurately suggested they were poised to collaborate with pop star Rihanna.
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June 23, 2025
Permit Delays Out Of Hand, Telecom Biz Tells Interior Dept.
Telecom providers are still having a tough time getting federal permits approved for broadband projects, with the Bureau of Land Management causing severe delays, the industry's main trade group told the U.S. Department of the Interior.
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June 23, 2025
Ex-CEO Of CBD Water Co. Must Face Pump-And-Dump Case
The former CEO of a cannabis-infused water company and a stockholder must face all claims made in a federal indictment accusing them of artificially inflating company shares so they could sell them for a profit, an Ohio federal judge ruled, saying the government has properly alleged a single conspiracy.
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June 23, 2025
Media Matters Sues FTC Over 'Retaliatory' Probe
Media Matters filed a lawsuit against the Federal Trade Commission in D.C. federal court on Monday, asking a judge to shut down the agency's "retaliatory" investigation into the left-leaning media watchdog's reporting on Elon Musk's social media platform X, formerly Twitter.
Expert Analysis
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DOJ Signals Major Shift In White Collar Enforcement Priorities
In a speech on Monday, an official outlined key revisions to the U.S. Department of Justice’s voluntary self-disclosure, corporate monitorship and whistleblower program policies, marking a meaningful change in the white collar enforcement landscape, and offering companies clearer incentives and guardrails, say attorneys at McGuireWoods.
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Breaking Down 4th Circ. 'Actual Knowledge' Ruling For Banks
A recent decision from the Fourth Circuit finding that banks must have "actual knowledge" to be found liable for losses arising from an automated clearinghouse transfer warns that the more financial institutions know about a name mismatch issue for any particular transaction, the more liability they may face, say attorneys at Katten.
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What New Study Means For Recycling Compliance In Calif.
Companies must review the California recycling agency's new study to understand its criteria for assessing claims of product and packaging recyclability under a law that takes effect next year, and then decide whether the risks of making such claims in the state outweigh the benefits, say attorneys at Keller & Heckman.
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Maneuvering The Weeds Of Cannabis Vertical Integration
The conversation around vertical integration has taken on new urgency as the cannabis market expands, despite federal reform remaining a distant dream, so the best strategy for cannabis operators is to approach vertical integration on a state-by-state basis, say attorneys at Sweetspot Brands.
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Russia Sanctions Spotlight: Divergent Approaches Emerge
With indications of greater divergence and uncertainty in Russia sanctions policy between the U.K., European Union and U.S., there are four general principles and a range of compliance steps that businesses should bear in mind when assessing the impact of a potentially shifting landscape, says Alexandra Melia at Steptoe.
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Opinion
The IRS Shouldn't Go To War Over Harvard's Tax Exemption
If the Internal Revenue Service revokes Harvard's tax-exempt status for violating established public policy — a position unsupported by currently available information — the precedent set by surviving the inevitable court challenge could undercut the autonomy and distinctiveness of the charitable sector, says Johnny Rex Buckles at Houston Law Center.
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Balancing Deep-Sea Mining Executive Order, Int'l Agreements
President Donald Trump's recent executive order directing exploration and exploitation of deep-sea mineral resources appears to conflict with the evolving international framework regulating such activities, so companies and investors should proceed with care and keep possible future legal challenges in mind, say attorneys at Dentons.
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CFTC Memos Clarify When 'Sorry' Still Gets You Subpoenaed
A pair of Commodity Futures Trading Commission advisories released in February and April open a new path to self-reporting but emphasize that serious breaches still warrant a trip to the penalty box, prompting firms to weigh whether — and how — to disclose potential violations in the future, say attorneys at Pryor Cashman.
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The Future Of Privacy Enforcement Under Ferguson's FTC
Federal Trade Commission Chair Andrew Ferguson's early actions indicate a marked shift toward a more traditional approach to privacy enforcement, so companies should expect the commission to maintain a strong focus on enforcing Section 5 of the FTC Act in the privacy area, says Kandi Parsons at ZwillGen.
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Parsing The SEC's New Increased Co-Investment Flexibility
The U.S. Securities and Exchange Commission's new co-investment exemptive orders simplify processes and reduce barriers for regulated funds — and rulemaking may evolve further to allow investors access to additional investment opportunities and increase available capital for issuers seeking to raise money from fund complexes, say attorneys at Simpson Thacher.
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What Employers Should Know Ahead Of H-2B Visa Changes
Employers should be aware of several anticipated changes to the H-2B visa program, which allows employers to hire temporary foreign workers, including annual prevailing wage changes and other shifts arising from recent U.S. Supreme Court decisions and the new administration, say Steve Bronars and Elliot Delahaye at Edgeworth Economics, and Chris Schulte at Fisher Phillips.
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Cos. Must Assess And Prepare For Cartel-Related FCPA Risks
Given the Trump administration’s strong signaling that it will focus on drug cartels and transnational criminal organizations when it resumes Foreign Corrupt Practices Act enforcement, global businesses should refresh their risk assessments and conduct enhanced due diligence to account for these shifting priorities, say attorneys at Morgan Lewis.
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Mitigating Import Risks Around Southeast Asian Solar Cells
The U.S. Department of Commerce's recent final determinations in its antidumping and countervailing duty investigations into solar cells produced in certain Southeast Asian countries make it important for U.S. purchasers to consider risk mitigation strategies, including modifying supply chains and contractually assigning import responsibilities, say attorneys at Morgan Lewis.
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AT&T Decision May Establish Framework To Block FCC Fines
The Fifth Circuit's recent decision in AT&T v. FCC upends the commission's authority to impose certain civil penalties, reinforcing constitutional safeguards against administrative overreach, and opening avenues for telecommunications and technology providers to challenge forfeiture orders, say attorneys at HWG.
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Reassessing Corporate Separateness After Explosion Of LLCs
Following the dramatic increase of limited liability companies in the U.S., the Corporate Transparency Act's enactment and the Trump administration's subsequent narrowing of that law, it's worth revisiting the underlying legal principles that govern shell companies in order to remedy the problems that initially motivated the CTA, says Jeff Newton at Omni Bridgeway.