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Compliance
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July 28, 2025
DOL Seeks Small Biz Input On Pooled Retirement Plans
The U.S. Department of Labor asked small businesses for feedback Monday on whether there should be more conflict-of-interest guardrails on pooled employer retirement plans, and what barriers prevent employers from trusting the newly structured benefit vehicles.
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July 28, 2025
Courts Split In Antitrust Battle Over NCAA Eligibility Rules
The wave of litigation over the NCAA's restrictions on athletes' eligibility has yielded uneven results in federal courts, with a Nebraska judge most recently finding that the disputed rule is safe from antitrust challenges.
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July 28, 2025
Fired FTC Dem Urges DC Circ. Not To Pause Reinstatement
A Democratic member of the Federal Trade Commission who was fired by the president is urging the D.C. Circuit not to pause a lower court order calling for her reinstatement while the administration appeals, saying the administration has little chance of success.
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July 28, 2025
Judge Again Cites Bias In NIH Fund Freeze As Gov't Appeals
A Massachusetts federal judge on Monday reiterated his conclusion that the Trump administration's freeze of $783 million worth of National Institutes of Health grants was based on "palpable" gender and racial discrimination, as he acknowledged a pending request by the government to the U.S. Supreme Court to stay his order that the money be released.
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July 28, 2025
NJ Justices Fault Prison Officials Over Inmate Release Denial
The New Jersey Supreme Court ruled unanimously Monday that the state Department of Corrections acted arbitrarily and unreasonably when it denied a dying inmate's bid for compassionate release based on outdated medical records and conflicting physician assessments — despite no statutory requirement for physical examinations.
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July 28, 2025
Judge To Weigh If FTX Prosecutors Broke Plea Promise
A Manhattan federal judge said Monday he will investigate an allegation by crypto lobbyist Michelle Bond that she was charged with campaign finance crimes despite a promise that a guilty plea by her husband, former FTX executive Ryan Salame, would leave her in the clear.
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July 28, 2025
Merger Settlements Return As Enforcers Keep Busy
The first half of 2025 saw a string of settlements by the Federal Trade Commission and the U.S. Department of Justice allowing mergers to move forward, a marked shift from the prior administration.
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July 28, 2025
Texas Resolution Seeks Vote On Lower Property Value Limits
Texas would ask voters if the state should amend its constitution to authorize lower limits on the maximum appraised value of residence homesteads and of real property other than homesteads for tax purposes under a joint resolution filed in the state House of Representatives during a special session.
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July 28, 2025
Fair Housing Groups Win Thaw Of HUD Grant Program Freeze
A Washington, D.C., federal judge on Monday ordered the U.S. Department of Housing and Urban Development to unlock a grant program meant to help nonprofits enforce housing laws after two groups in a purported class complained that the Trump administration abruptly froze the funding.
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July 25, 2025
Trump Admin Loses Sanctuary Fight With Ill., For Now
An Illinois federal judge Friday threw out the Trump administration's first suit challenging local sanctuary policies, ruling that it's within Illinois', Cook County's and Chicago's rights to opt out of helping the federal government with immigration enforcement efforts.
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July 25, 2025
11th Circ. Says Court Can't Nix Discovery Evidence In FCA Suit
The Eleventh Circuit on Friday revived a whistleblower lawsuit that said moving companies conspired to defraud the U.S. General Services Administration, saying a lower court can't dismiss an amended complaint while ignoring information obtained through discovery.
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July 25, 2025
Real Estate Recap: Private REITs, Farms, Crypto In Escrow?
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney perspectives on private real estate investment trusts, national security concerns raised by farmland and a recent California listing that could lead to the state's largest real estate deal using digital currency.
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July 25, 2025
Calif. Air Board Faces New Suit Over Carbon Fuel Standard
Environmental and public interest groups hit the California Air Resources Board with another lawsuit in Golden State court Friday, alleging that the state's recent amendments to the Low Carbon Fuel Standard will have the perverse effect of incentivizing large-scale factory farms, which pose significant environmental and public health risks.
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July 25, 2025
DC Circ. Pauses Order Reinstating 2 NCUA Members
The D.C. Circuit on Friday intervened and granted the Trump administration's request to pause a Washington federal judge's order reinstating two National Credit Union Administration board members fired by President Donald Trump, after the federal judge declined to pause the order himself.
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July 25, 2025
Sports & Betting Cases To Watch In The Second Half Of 2025
Certain court cases have become staples on both the midyear and end-of-year must-watch lists in sports and betting at Law360. One that seemed best positioned to finally fall off the list, as it turns out, is far from over: the multibillion-dollar NCAA settlement regarding name, image and likeness payments and revenue sharing with hundreds of thousands of college athletes. A handful of other suits from past years will also continue to bear watching through the end of 2025.
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July 25, 2025
11th Circ. Overturns Funding Model For SEC Database
The Eleventh Circuit sent the U.S. Securities and Exchange Commission back to the drawing board on Friday to chart a path forward for its $500 million market surveillance tool, telling the regulator that it was unreasonable to potentially force broker-dealers to fund the entire project.
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July 25, 2025
Employment Authority: How A NYC Pay Bump Alters Gig Work
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on how a new minimum payment standard for New York City gig drivers impacts their work as independent contractors, and how a recent U.S. Supreme Court ruling has begun shaping employment discrimination case law.
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July 25, 2025
Ky. Radio License Yanked Over Mounting Reg Fee Bills
The Federal Communications Commission has stripped the broadcaster of a Kentucky AM radio station of his license after the station racked up more than $9,000 in fines over the years and never paid them, the agency revealed Friday.
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July 25, 2025
Trump Trade Deals Do Little To Ease Importers' Concerns
President Donald Trump's recently announced framework trade deals offer new insight into tariff rates for several countries come Aug. 1, but experts say unanswered questions about those agreements and others still at large continue to stifle longer-term planning, leaving importers in uncertain territory.
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July 25, 2025
Fluoride Fans Tell 9th Circ. To Preserve Drinking Water Use
A pro-fluoride group is supporting the U.S. Environmental Protection Agency's fight to overturn a California federal judge's ruling that current limits on the chemical in drinking water aren't protective enough.
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July 25, 2025
Live Streaming Cos. Should Follow Carry-All Rules, FCC Told
A Christian television station operator says that the Federal Communications Commission "has lost its way on its mandate to foster localism" and ought to correct course by requiring certain streaming services to carry local stations.
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July 25, 2025
5th Circ. Backs Life Insurer's Denial Of Disability Benefits
A life insurance company did not abuse its discretion in discontinuing long-term disability benefits to a former employee of a payroll software provider after a review of updated medical records, the Fifth Circuit said, finding that substantial evidence supported the insurer's decision.
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July 25, 2025
Veteran CFPB Enforcement Atty Heads For The Exit
A longtime Consumer Financial Protection Bureau litigator told a Virginia federal court on Friday that she is leaving after more than a decade at the agency, becoming the latest departure at the regulator as its future under the Trump administration remains in limbo.
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July 25, 2025
Minnesota Regulators Sue Retailer Over Cannabinoid Wares
Minnesota's cannabis regulator has brought a state court action seeking an order compelling a retailer to destroy hemp-derived cannabinoid products that are allegedly noncompliant under the state's laws.
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July 25, 2025
FCC's Carr Looks To Wrap Up Next 4-Year Media Rule Review
The Federal Communications Commission hopes to soon wrap up its latest four-year review of media ownership rules and likely loosen restrictions on broadcasters, Republican agency chief Brendan Carr says.
Expert Analysis
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Legal Ops, Compliance Increasingly Vital To Antitrust Strategy
With deal timelines tightening and disclosure requirements intensifying, legal operations and compliance teams are becoming critical drivers of premerger strategy, cross-functional alignment and regulatory credibility, says Alexander Lima at Wesco International.
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What's Next For CFPB After 'Big Beautiful' Funding Cuts
While the One Big Beautiful Bill Act's funding cuts to the Consumer Financial Protection Bureau are unlikely to have an independent effect in the short run, they could exacerbate the existing issue of wide regulatory fluctuations in successive administrations in the longer run, say attorneys at Covington.
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Series
Adapting To Private Practice: From ATF Director To BigLaw
As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.
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What To Know As SEC Looks To Expand Private Fund Access
As the U.S. Securities and Exchange Commission considers expanding retail access to private markets, understanding how these funds operate — and the role of financial intermediaries in guiding investors — is increasingly important, say attorneys at K&L Gates.
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Fla. Law Is Part Of State Trend On Curbing Foreign Influence
A recently effective Florida law that broadly prohibits charities from receiving or soliciting funds from individuals and entities associated with certain foreign countries, the first of its kind in the nation, follows a growing state-level focus on foreign influence regulation, say attorneys at Venable.
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Tips For US Investors Eyeing Middle East Data Centers
While Middle East data center investment presents a compelling opportunity in light of renewed U.S.-Gulf cooperation on artificial intelligence and critical technologies, these projects require a nuanced understanding of regional legal and regulatory regimes, says Haykel Hajjaji at Covington.
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New DOJ Penalty Policy Could Spell Trouble For Cos.
In light of the U.S. Department of Justice’s recently published guidance making victim relief a core condition of coordinated resolution crediting, companies facing parallel investigations must carefully calibrate their negotiation strategies to minimize the risk of duplicative penalties, say attorneys at Debevoise.
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Influencer Marketing Partnerships Face Rising Litigation Risk
In light of recent class actions claiming that brands and influencers are misleading consumers with deceptive marketing practices — largely premised on the Federal Trade Commission's endorsements guidance — proactive compliance measures are becoming more important, say attorneys at Olshan Frome.
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Mulling Worker Reclassification In Light Of No Tax On OT
The One Big Beautiful Bill Act's no-tax-on-overtime provisions provide tax relief for employees who regularly work overtime and are nonexempt from the Fair Labor Standards Act, but reclassifying employees may lead to higher compliance costs and increased wage and hour litigation for employers, says Steve Bronars at Edgeworth Economics.
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A Look At Key 5th Circ. White Collar Rulings So Far This Year
In the first half of 2025, the Fifth Circuit has decided numerous cases of particular import to white collar practitioners, which collectively underscore the critical importance of meticulous recordbuilding, procedural compliance and strategic litigation choices at every stage of a case, says Joe Magliolo at Jackson Walker.
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Clean Energy Tax Changes Cut Timelines, Add Red Tape
With its dramatic changes to energy tax credits, the One Big Beautiful Bill Act will reshape project financing and investment planning — and wind and solar developers, especially those in the early stages of projects, face stricter timelines and heightened compliance challenges, says Dan Ruth at Balch & Bingham.
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5 Consumer Protection Compliance Issues In NY State Budget
Companies that engage with New York consumers should promptly familiarize themselves with new state budget provisions that require finance and retail companies to make certain business practices more transparent and easier for customers to execute, say attorneys at Mintz.
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Balancing The Promises And Perils Of Tokenizing Securities
Tokenizing listed securities offers the promise of greater efficiency, accessibility and innovation, but a recent U.S. Securities and Exchange Commission statement makes clear that the federal securities laws continue to apply to tokenized securities, so financial institutions and technology developers must work together to create clear rules, say attorneys at Orrick.
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High Court Cert Spotlights Varying Tests For Federal Removal
A recent decision by the U.S. Supreme Court to review Chevron v. Plaquemines Parish, a case involving the federal officer removal statute, highlights three other recent circuit court decisions raising federal removal questions, and serves as a reminder that defendants are the masters of removal actions, says Varun Aery at Hollingsworth.
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How Cos. In China Can Tailor Compliance Amid FCPA Shifts
The U.S. Department of Justice’s recently updated Foreign Corrupt Practices Act enforcement guidelines create a fluid business environment for companies operating in China that will require a customized compliance approach to navigate both countries’ corporate and legal systems, say attorneys at Dickinson Wright.