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Compliance
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July 02, 2025
High Court Case Tops List of Securities Appeals To Watch
The U.S. Supreme Court has agreed to take up at least one shareholder's lawsuit when it reopens its doors in October, and securities attorneys from both the plaintiff and defense bars will be watching that appeal and several others as the year moves forward.
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July 02, 2025
Tax Court Rejects IRS' Partnership Income Adjustment Regs
The U.S. Tax Court ruled Wednesday that the IRS was too late to adjust a Texas real estate partnership's income under a relatively new centralized audit regime, holding that regulations providing a longer adjustment period had exceeded the agency's rulemaking authority granted by Congress.
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July 02, 2025
Ill. Judge Asks Deere Rivals To Stop Pestering Court Staff
The judge overseeing the FTC's antitrust enforcement action against farm machinery maker Deere & Co. has penned a light-hearted order calling out another judge and asking equipment manufacturers to stop calling his staff to ask for advice.
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July 02, 2025
SEC Staff Shares Disclosure Guidance For Crypto ETPs
The U.S. Securities and Exchange Commission staff is providing more insight on its expectations around disclosures for novel crypto exchange-traded products, urging issuers to share risks specific to the product and use plain language over technical jargon to explain the business.
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July 02, 2025
Justices Won't Hear Crypto Firms' Venue Statute Case
The U.S. Supreme Court has said it will not take up a petition from the Binance-branded U.S. exchange and an affiliated crypto data site to resolve what they call a circuit split in a case accusing Binance.US of artificially deflating the price of a cryptocurrency token by lowering its ranking on the Binance exchange.
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July 02, 2025
SeaCrest Adviser To Pay $161K For Cherry-Picking Scheme
A former SeaCrest Wealth Management LLC adviser will pay $161,000 to the U.S. Securities and Exchange Commission for allegedly carrying out a cherry-picking scheme through which he misappropriated more than $108,000.
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July 02, 2025
Atkins Says SEC Is Taking A Fresh Look At SPAC Regulations
U.S. Securities and Exchange Commission Chair Paul Atkins said Wednesday that regulators are reviewing recently beefed-up rules governing special-purpose acquisition companies as part of a broader policy of increasing public listings.
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July 02, 2025
Wash. Tribal Warrants Gain Statewide Reach Under New Law
A Washington law that took effect this month will allow its state police to enforce tribal warrants, a move that legislators say closes a jurisdictional gap that often allowed individuals who committed crimes on Indigenous lands to evade prosecution by fleeing to state property.
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July 02, 2025
FCC To Vote On More 'Delete' Docket Regs This Month
The Federal Communications Commission plans to vote this month on a proposal to remove outmoded regulations from its books that would advance FCC Chair Brendan Carr's "Delete, Delete, Delete" proceeding to cut down on what he considers burdensome agency rules.
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July 02, 2025
Pa. Hospital Co. To Pay $2.75M Over Drug Theft Suit
Pennsylvania healthcare company Lehigh Valley Hospital Network Inc. has agreed to pay the federal government $2.75 million to settle claims that it ran afoul of controlled substance laws when one of its pharmacy technicians allegedly stole medication on multiple occasions.
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July 02, 2025
Outgoing US Steel GC To Leave With $29M After Nippon Deal
U.S. Steel Corp.'s former general counsel Duane Holloway will leave his special adviser job on July 18 about $29 million richer, thanks to the company's recent sale to Nippon Steel, according to a recent company filing.
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July 02, 2025
GOP Reps. Want Probe Of RI Judge Blocking Funding Freeze
Two Republican U.S. House members have asked the First Circuit to investigate a Rhode Island federal judge who blocked a Trump administration spending freeze, claiming the judge's link to a funding recipient constitutes a conflict of interest, one of those congressmen's office confirmed to Law360 Pulse on Wednesday.
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July 02, 2025
TikTok Can Arbitrate Most Sales Reps' Claims Of Unpaid OT
A lawsuit by a group of sales representatives accusing TikTok of incorrectly classifying them as exempt from earning overtime can largely be sent to arbitration, a California federal judge ruled, saying all but one worker signed an agreement that mandates employment disputes stay out of court.
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July 02, 2025
DC Circ. Stands By Decision Nixing $7B Power Line Fight
The D.C. Circuit has rejected an en banc rehearing petition from Illinois landowners and farmers challenging the Federal Energy Regulatory Commission's decision to issue a license for the $7 billion Grain Belt Express transmission project, affirming an appellate panel and a district court's findings that the plaintiffs lack standing.
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July 02, 2025
Segal McCambridge Hit With Age Bias, Retaliation Suit
A former secretary is suing Segal McCambridge Singer & Mahoney Ltd. in New York federal court alleging that the firm excluded her from work emails, falsely accused her of failing to perform her work duties and ultimately fired her based on her age.
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July 02, 2025
Seattle Sued Over 'Unconstitutional' Affordable Housing Rules
A Washington construction company and two Seattle homeowners claimed in Washington federal court that the city's Mandatory Housing Affordability program is "unconstitutional," in part because it doesn't consider the public impact of housing projects and makes land-use permit applicants pay upzoning fees for the city's public housing fund.
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July 02, 2025
Investor Says Houston Apt. Owner Diverted $17M In Proceeds
An investor controlled by bridge lender KHCA Funding LLC has filed suit against the owner and operator entities of a multifamily building in Houston, alleging that $17.6 million in investment proceeds it was due were improperly diverted elsewhere by the company.
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July 02, 2025
Mich. Justices Say Old Insurance Policies Violated New Limits
In a closely divided order Wednesday, the Michigan Supreme Court held that insurance policies straddling the dates for which 2019 no-fault reforms went into effect are subjected to post-reform increased limits for liability, reversing a lower appellate opinion in favor of insurers.
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July 02, 2025
The Funniest Moments Of The Supreme Court's Term
After justices and oral advocates spent much of an argument pummeling a lower court's writing talents, one attorney suggested it might be time to move on — only to be told the drubbing had barely begun. Here, Law360 showcases the standout jests and wisecracks from the 2024-25 U.S. Supreme Court term.
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July 02, 2025
Mortgage Lender Says IRS Owes $1.2M In Retention Credits
The IRS has delayed paying a mortgage lender $1.2 million in tax credits for keeping employees on payroll during the COVID-19 pandemic, when the company said it was forced to curtail business because of a pause on evictions, according to a complaint in Alabama federal court.
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July 02, 2025
SEC Strikes Deal With SolarWinds In Data Breach Case
SolarWinds Corp. is on the cusp of resolving the U.S. Securities and Exchange Commission's novel case alleging the software developer hid faulty cybersecurity practices before a major breach, telling a New York federal judge Wednesday that the parties have agreed to a settlement.
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July 01, 2025
Racist Jury Selection Affords Ala. Death Row Inmate New Trial
A Black man sentenced to death by the state of Alabama for murdering a sheriff has been granted a new trial by the Eleventh Circuit, which found that the state violated his constitutional right to equal protection by habitually eliminating potential Black jurors from cases like his in a discriminatory manner.
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July 01, 2025
5 Healthcare Enforcement Actions You Don't Want To Miss
A healthcare fraud operation announced by the Justice Department targeting $14.6 billion in potential false claims wasn't the only enforcement action making waves in the industry this past week.
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July 01, 2025
CFPB Drops Navy Federal's Overdraft Fee Consent Order
The Consumer Financial Protection Bureau has spared Navy Federal Credit Union from having to refund potentially tens of millions of dollars in allegedly improper overdraft fees, quietly lifting a Biden-era consent order imposing that and other requirements as the agency's enforcement retreat deepens.
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July 01, 2025
5th Circ. Backs Dallas Short-Term Lending Ordinance
The Fifth Circuit denied a short-term lender's request for a court order blocking a Dallas city ordinance that created new hurdles for lenders, saying Tuesday the short-term lender did not demonstrate that the ordinance would shut down the industry.
Expert Analysis
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Bill Leaves Renewable Cos. In Dark On Farmland Reporting
A U.S. Senate bill to update disclosure requirements for foreign control of U.S. farmland does not provide much-needed guidance on how to report renewable energy development on agricultural property, leaving significant compliance risks for project developers, say attorneys at Hodgson Russ.
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How State AG Consumer Finance Enforcement Is Expanding
As the Consumer Financial Protection Bureau becomes less active, state attorneys general are increasingly shaping the enforcement landscape for consumer financial services — and several areas of focus have recently emerged, say attorneys at Morgan Lewis.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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Opinion
FCPA Shift Is A Good Start, But There's More DOJ Should Do
The U.S. Department of Justice’s new Foreign Corrupt Practices Act guidelines bring a needed course correction amid overexpansive enforcement, but there’s more the DOJ can do to provide additional clarity and predictability for global companies, say attorneys at Norton Rose.
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Opinion
IRS Should Work With Industry On Microcaptive Regs
The IRS should engage with microcaptive insurance owners to develop better regulations on these arrangements or risk the emergence of common law guidance as taxpayers with legitimate programs seek relief in the federal courts, says Dustin Carlson at SRA 831(b) Admin.
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How Providers Can Brace For Drug Pricing Policy Changes
Though it's uncertain which provisions of the Trump administration's executive order aimed at addressing prescription drug costs will eventually be implemented, stakeholders can reduce potential negative outcomes by understanding pathways that could be used to effectuate the order's directives, say attorneys at McDermott.
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FLSA Interpretation Patterns Emerge 1 Year After Loper Bright
One year after the U.S. Supreme Court's monumental decision in Loper Bright Enterprises v. Raimondo, four distinct avenues of judicial decision-making have taken shape among lower courts that are responding to their newfound freedom in interpreting the Fair Labor Standards Act through U.S. Department of Labor regulations, say attorneys at Kutak Rock.
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Comparing New Neural Data Privacy Laws In 4 States
Although no federal law yet addresses neural privacy comprehensively, the combined effect of recent state laws in Colorado, California, Montana and Connecticut is already shaping the regulatory future, but a multistate compliance strategy has quickly become a gating item for those experimenting with neuro-enabled workplace tools, says Kristen Mathews at Cooley.
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2025's First Half Brings Regulatory Detours For Fintechs
The first half of the year has resulted in a bifurcated regulatory environment for fintechs, featuring narrowed enforcement in some areas, heightened scrutiny in others and a policy window that, with proper compliance, offers meaningful opportunities for innovation, say attorneys at Sheppard Mullin.
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Debunking 4 Misconceptions Around Texas' IV Therapy Law
Despite industry confusion, an IV therapy law enacted in Texas last week may actually be the most business-friendly regulatory development the medical spa industry has seen in recent years, says Keith Lefkowitz at Hendershot Cowart.
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Employer Tips For Responding To ICE In The Workplace
Increased immigration enforcement under President Donald Trump's administration has left employers struggling to balance their compliance obligations with their desire to provide a safe workplace, so creating a thorough response plan and training for U.S. Immigration and Customs Enforcement's presence at the workplace is crucial, say attorneys at Hanson Bridgett.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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Comparing Stablecoin Bills From UK, EU, US And Hong Kong
For multinational stablecoin issuers, navigating the differences and similarities among regimes in the U.K., EU, Hong Kong and U.S., which are currently unfolding in several key ways, is critical to achieving scalable, compliant operations, say attorneys at Morgan Lewis.
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What Baseball Can Teach Criminal Attys About Rule Of Lenity
Judges tend to assess ambiguous criminal laws not unlike how baseball umpires approach checked swings, so defense attorneys should consider how to best frame their arguments to maximize courts' willingness to invoke the rule of lenity, wherein a tie goes to the defendant, says Jonathan Porter at Husch Blackwell.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.