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Compliance
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September 24, 2025
Tower Developer Linked To Menendez Ally Wants Suit Tossed
The developer behind a disputed high-rise project — once led by a businessman convicted in the bribery scheme involving former U.S. Sen. Robert Menendez — is asking a New Jersey judge to dismiss a lawsuit brought by a neighboring municipality, arguing the case is incurably flawed.
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September 24, 2025
Ex-Amazon Worker Said Docs Could Lose FTC Suit, Jury Told
An Amazon user experience researcher told a colleague in 2024 that documentation of consumers' frustration with the Prime sign-up process "will be the thing that loses the case" for the company if a Federal Trade Commission lawsuit were to reach trial, according to a message shown to a Seattle federal jury Wednesday.
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September 24, 2025
Texas Banker Says Co.'s $30M Fraud Suit Must Be Arbitrated
A South African company's lawsuit accusing a Texas family, a wealth manager and Frost Bank of orchestrating a $30 million embezzlement and money laundering scheme belongs in arbitration, the defendants have told a Fort Worth federal judge.
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September 24, 2025
Calif. Judge Blocks Feds' Transpo, Housing Grant Conditions
A California federal judge has blocked the Trump administration from requiring cities and local governments to follow "impermissibly vague" directives relating to immigration and diversity, equity and inclusion policies in order to receive federal transportation, infrastructure, housing and other grants that had already been appropriated by Congress.
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September 24, 2025
FINRA To Nix Minimum Equity Requirement For Day Traders
The Financial Industry Regulatory Authority announced Wednesday that its board approved changes to its rules for so-called pattern day trading that would remove a minimum equity requirement for such traders.
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September 24, 2025
Coinbase Wants Out Of Terraform Token Conversion Loss Suit
Coinbase Inc. has urged a California federal court to toss a suit lodged by cryptocurrency buyers alleging the crypto exchange caused them to incur losses after Terraform's collapse three years ago, arguing the buyers' claims are both time-barred and fail to show that the crypto exchange intended to deceive.
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September 24, 2025
Defunct Tech Co.'s CEO Bilked Investors Of $120M, Feds Say
The founder of a defunct Canadian technology company faces criminal charges and a civil suit in California federal court by securities regulators on Wednesday stemming from a fraud scheme where he allegedly raised $120 million after providing investors with bogus financial statements that inflated the company's financial condition and performance.
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September 24, 2025
CVS Moves To End Worker's Tobacco Surcharge ERISA Suit
CVS urged a California federal judge to toss an employee's proposed class action alleging it illegally imposes surcharges to health plan participants and their covered spouses who use tobacco, arguing it offers surcharge alternatives to workers and spouses when a medical condition makes it unreasonably difficult to cease tobacco use.
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September 24, 2025
Court Sides With Texas, Nixes Medicaid Tax Funding Rule
The federal government improperly expanded a Medicaid funding restriction to private parties that was meant only to govern the use of state taxes to fund the health insurance program, a Texas federal court ruled Wednesday in vacating guidance from the Centers for Medicare & Medicaid Services.
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September 24, 2025
Omnicare Can Tap $25M Initial DIP, Stage Set For Gov't Feud
Omnicare LLC, a CVS Health subsidiary that provides pharmacy services for long-term care facilities, won a Texas bankruptcy court approval on Wednesday to use $25 million of interim debtor-in-possession financing amid a looming dispute over a $949 million judgment owed to the U.S. government over allegedly illegal billing.
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September 24, 2025
Comcast Loses Challenge To Labor Dept. ALJs' Authority
Comcast Corp. can't force a pair of former executives and the U.S. Department of Labor to sue in federal court, after a Virginia federal judge found that handing a Sarbanes-Oxley whistleblower case to an administrative law judge did not violate the company's Seventh Amendment rights.
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September 24, 2025
GAO Says Energy Dept. Must Review PFAS At Dozens Of Sites
The U.S. Department of Energy needs to speed up its review of how forever chemicals are and have been used at its sites across the nation, the congressional watchdog agency said Wednesday.
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September 24, 2025
Greystar Resolves Wash. AG Action On Military Housing Fees
Greystar, the largest apartment management firm in the U.S., reached a deal Tuesday with Washington state over allegations that the company charged illegal housing fees to military service members, according to an announcement by the state's attorney general.
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September 24, 2025
AGs Slam Capital One's $425M Deal As Unfair To Consumers
New York Attorney General Letitia James and 17 other attorneys general are opposing a proposed $425 million settlement between Capital One and a putative consumer class alleging the bank deceptively advertised its 360 Savings accounts, telling a Virginia federal court the deal "fails to adequately redress" the harms caused by the scheme.
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September 24, 2025
FTC Merger Filing Overhaul Is Clear Overstep, Chamber Says
The U.S. Chamber of Commerce and other groups challenging the Federal Trade Commission's recent overhaul of its premerger reporting requirements told a Texas federal court the changes create an unnecessary burden for thousands of deals that raise no competition concerns.
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September 24, 2025
Keep Rules Against Phone 'Slamming,' NY Agency Says
New York state officials want the Federal Communications Commission to keep safeguards in place against phone service "slamming" even though the incidence of people's service being switched without their permission is fading as technology advances.
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September 24, 2025
Del. Justices Uphold $10.5B Zendesk Take-Private Deal
Delaware's Supreme Court early Wednesday upheld the Court of Chancery's Sept. 10 dismissal of a stockholder challenge to the $10.5 billion take-private deal for software as a service business Zendesk Inc., closing the book on the case in two sentences issued two weeks after appeal arguments.
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September 24, 2025
Mobile Cos. Claim Chilling Effect From Local Permitting
Wireless industry players are having problems with local permitting that would be fixed by the Federal Communications Commission's new proposal, which would use federal preemption to help companies clear permitting hurdles, according to a major trade group.
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September 24, 2025
SEC Taps Longtime FINRA Exec As Trading & Markets Deputy
The U.S. Securities and Exchange Commission on Wednesday named a new deputy director of the agency's Division of Trading and Markets who previously served in senior roles at the Financial Industry Regulatory Authority and most recently worked at SEC Chair Paul Atkins' now-former financial services consultancy.
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September 24, 2025
Let States Use Leftover BEAD Funds, Sen. Wicker Says
States should be able to use money left over from federal grants aimed at broadband deployment for other projects to boost high-tech growth, a Republican senator said.
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September 24, 2025
Ill. Judge Sends $7.6M DOJ Deal Coverage Dispute To Virginia
A consulting firm must litigate its suit seeking coverage for a $7.6 million settlement with the U.S. Department of Justice in Virginia, where it is based, an Illinois federal court ruled, finding that Virginia is the more convenient forum and the better place to apply state law.
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September 24, 2025
Sen. Questions FAA's Proposed $3M Boeing Safety Fine
U.S. Sen. Richard Blumenthal is seeking answers from the Federal Aviation Administration on the calculations behind a proposed fine of $3.1 million against Boeing for safety violations that led to last year's Alaska Airlines door plug incident, and has told the agency the penalty would amount to a "rounding error" for the aerospace giant.
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September 24, 2025
American Airlines, US Gov't Sued Over Potomac Crash
A new wrongful death complaint brought by the wife of an American Eagle Flight 5342 victim names both American Airlines and the United States government as liable in the "wholly avoidable tragedy" that killed 67 people on the Potomac River in January.
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September 24, 2025
Tribal Groups Back 9th Circ. Bid To Block Ariz. Land Transfer
Two tribal advocacy groups are backing a Ninth Circuit bid to block a 2,400-acre federal land exchange in Arizona to make way for a billion-dollar copper mining project they say will destroy an ancient worship site, arguing that federal policies are systematically stripping Indigenous nations of their homelands.
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September 24, 2025
PeopleFacts To Pay $2.4M In Background Check Settlement
PeopleFacts has agreed to pay $2.4 million to job seekers whose criminal history was shared with employers without a notice required by the Fair Credit Reporting Act, according to a motion filed in Michigan federal court.
Expert Analysis
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How Fashion, Tech Can Maximize New Small Biz Tax Breaks
Fashion and technology companies, which invest heavily in innovation, should consider taking advantage of provisions in the One Big Beautiful Bill Act that favor small businesses, restructuing if necessary to become eligible for expanded research and experimental expenditure credits and qualified small business stock incentives, says Aime Salazar at Olshan Frome.
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Steps To Take As States Expand Foreign-Influence Bans
As efforts to curb foreign-influenced corporate political spending continue, companies should be aware of the nuances of related laws and layer an additional analysis when assessing legality of foreign engagement, say attorneys at Steptoe.
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Genius Act Poses Strategic Hurdles For Community Banks
The pace of change in digital asset policy, including the recent arrival of the Genius Act, suggests that strategic planning should be a near-term priority for community banks, with careful attention to customer relationships, regulatory developments and the local communities they serve, say attorneys at Jones Walker.
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Series
Adapting To Private Practice: From Va. AUSA To Mid-Law
Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.
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Transmission Security Has A Critical Role In Healthcare
In light of the U.S. Department of Health and Human Services' Office of Civil Rights' continuing enforcement initiative focusing on businesses' accurate and thorough security risk assessments under the Health Insurance Portability and Accountability Act, covered entities should not neglect the importance of transmission security, says John Howard at Clark Hill.
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Considerations For Cos. Amid Wave Of CFPB Vacatur Bids
As some entities look to vacate prior voluntary agreements with the Consumer Financial Protection Bureau, there are several considerations companies should take into account before seeking to vacate their settlements in the current legal and regulatory environment, says Jasmine Jean-Louis at Goodwin.
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How 5th Circ.'s NLRB Ruling May Reshape Federal Labor Law
The Fifth Circuit's recent SpaceX National Labor Relations Board decision undermines the agency's authority, but it does not immediately shut down NLRB enforcement, so employers and labor organizations should expect more litigation, more uncertainty and a possible U.S. Supreme Court showdown, say attorneys at Goldberg Segalla.
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7 Document Review Concepts New Attorneys Need To Know
For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.
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Reports Of Chemical Safety Board's Demise Are Premature
Despite the Trump administration's proposal to close down the U.S. Chemical Safety and Hazard Investigation Board, companies should note that the agency recently enforced its accidental release reporting rule for the first time, is conducting ongoing investigations and expects more funding from Congress, say attorneys at Conn Maciel.
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FTC Actions Highlight New Noncompete Enforcement Strategy
Several recent noncompete-related actions from the Federal Trade Commission — including its recent dismissal of cases appealing the vacatur of a Biden-era noncompete ban — reflect the commission's shift toward case-by-case enforcement, while confirming that the agency intends to remain active in policing such agreements, say attorneys at Debevoise.
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Ruling On Labor Peace Law Marks Shift For Cannabis Cos.
Currently on appeal to the Ninth Circuit, an Oregon federal court’s novel decision in Casala v. Kotek, invalidating a state law that requires labor peace agreements as a condition of cannabis business licensure, marks the potential for compliance uncertainty for all cannabis employers in states with labor peace mandates, say attorneys at Sheppard Mullin.
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Deference Ruling Could Close The FAR Loophole
A recent U.S. Court of Federal Claims decision may close a loophole in the Federal Acquisition Regulation that allows agencies to circumvent the Trade Agreements Act, significantly affecting federal pharmaceutical procurements and increasing protests related to certain Buy American Act waivers, say attorneys at Polsinelli.
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Senate Bill Could Overhaul Digital Asset Market Structure
The Senate Banking Committee's draft Responsible Financial Innovation Act would not only clarify the roles and responsibilities of financial institutions engaging in digital asset activities but also impose new compliance regimes, reporting requirements and risk management protocols, say attorneys at Troutman.
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How Trump's Space Order May Ease Industry's Growth
President Donald Trump's recent executive order aimed at removing environmental hurdles for spaceport authorization and streamlining the space industry's regulatory framework may open opportunities not only for established launch providers, but also smaller companies and spaceport authorities, say attorneys at Morgan Lewis.
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A Look At 2 Reinvigorated DOL Compliance Programs
As the U.S. Department of Labor's Wage and Hour Division revives its Payroll Audit Independent Determination and expands its opinion letter program, employers should carefully weigh the benefits and risks of participation to assess whether it makes sense for their circumstances, say attorneys at Conn Maciel.