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Compliance
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August 04, 2025
Top Groups Lobbying The FCC
Lobbying heated up in July as the Federal Communications Commission heard from advocates close to 200 times on issues ranging from spectrum deals to regulatory cuts, spacecraft licensing, undersea cable security, broadband deployment hurdles and more.
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August 04, 2025
Chamber Wants FTC's Merger Notice Overhaul Nixed
The U.S. Chamber of Commerce has urged a Texas federal judge to upend a dramatic overhaul of merger filing requirements that it argued exceeded Federal Trade Commission authority, was made without a proper cost-benefit analysis and amounts to a solution in search of a problem.
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August 04, 2025
Nurse Agrees To Repay $614K For False Claims In Conn.
A nurse who owned a medication management business and two Connecticut residential care homes agreed on Monday to settle state and federal False Claims Act allegations for $614,000, ending allegations that he billed Medicare and Medicaid impossible daily hours and for clients that were hospitalized or dead.
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August 04, 2025
Coinbase Moves To End Oregon's Post-SEC Enforcement Suit
Coinbase Inc. is asking a federal judge to throw out a lawsuit accusing the company of putting Oregonians at financial risk through the operation of an unregistered securities platform, arguing that the state's attorney general is not the proper authority to bring such a lawsuit.
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August 04, 2025
9th Circ. Rejects Most Of Sodexo's ERISA Arbitration Push
The Ninth Circuit said Monday that employers can't unilaterally change Employee Retirement Income Security Act-governed plans to require arbitration, backing the bulk of a trial court ruling that refused to throw out of court a nicotine fee lawsuit against food service company Sodexo.
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August 04, 2025
NY Atty Found Guilty Of Duping Lender Who Backed Lien Biz
A Manhattan federal jury on Monday convicted a former compliance lawyer of pilfering from a $20 million line of credit extended to his tax-lien business by a subsidiary of Emigrant Bank.
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August 04, 2025
Mass. Ambulance Cos. Settle State FCA Allegations For $6M
Two Massachusetts ambulance companies have agreed to pay $6 million to settle allegations that they "upcoded" claims to the state's Medicaid program, MassHealth, billed it for unnecessary services, and committed other False Claims Act violations, the state attorney general's office announced Monday.
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August 04, 2025
Utah Tribe Loses Bid To Challenge $16M Ovintiv Settlement
A Utah tribe can't intervene to challenge a $16 million Clean Air Act consent decree between the U.S. government and Ovintiv USA Inc., a federal judge has said, arguing that it failed to show how the agreement would cause direct economic harm or sovereign injury.
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August 04, 2025
Plaintiff Bar Urges FINRA To Reject Industry's Arbitration Recs
The Public Investors Advocate Bar Association on Monday urged the Financial Industry Regulatory Authority to reject industry recommendations to loosen its arbitration rules, calling on the brokerage industry regulator to "resist pressure from industry groups seeking to dilute hard-won safeguards."
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August 04, 2025
Feds Get 2nd Crack At Regeneron FCA Case After Key Ruling
The government may pursue an alternate theory of its False Claims Act kickback case against Regeneron Pharmaceuticals Inc. and try again for a pretrial win after a First Circuit ruling created a "critical shift" in the law, a Massachusetts federal judge said Monday.
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August 04, 2025
Google Says Term Limits Only Needed For Some Search Fixes
Google told the D.C. federal court overseeing the government search monopolization case that there is no need to put a one-year term limit on its default search agreements with Android device manufacturers and wireless carriers because they are not exclusive.
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August 04, 2025
Ex-CNBC Pundit Gets 5 Years For $2.7M Investor Fraud
A California federal judge sentenced former frequent CNBC guest James Arthur McDonald Jr. to five years in prison Monday for defrauding investors out of at least $2.7 million after he admitted he "betrayed" some of his close friends as part of his scam.
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August 04, 2025
Chemical Group Says Fluoride Judge Got It Wrong
The American Chemistry Council told the Ninth Circuit that a California federal judge who ruled that current limits on fluoride in drinking water aren't protective enough misinterpreted the Toxic Substances Control Act and urged reversal of his decision.
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August 04, 2025
Catching Up With Delaware's Chancery Court
Last week at the Delaware Court of Chancery, insurance brokerage and risk management giant Marsh & McLennan Cos. sought injunctive relief in a new suit accusing U.S. affiliates of London-based Howden Holdings Ltd. of a poaching scheme that involved over 100 M&M employees resigning on July 21.
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August 04, 2025
FinCEN Urges Industry To Stay 'Vigilant' On Crypto ATM Fraud
The U.S. Department of the Treasury's Financial Crimes Enforcement Network on Monday cautioned about rising fraud involving crypto ATMs, saying criminals are increasingly using the kiosks to launder money and scam vulnerable consumers, especially seniors.
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August 04, 2025
DC Circ. Upholds FCC's Foreign Sponsorship Rule
The D.C. Circuit upheld the Federal Communications Commission's 2024 foreign sponsorship disclosure rule for broadcasters Friday, rejecting arguments that the rule violated First Amendment speech protections and even reprimanding the premature leaking of nonpublic rulemaking details to broadcasters, calling the process a "new low" of industry capture.
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August 04, 2025
Boeing Settles Defunct African Airline's 737 Max Fraud Suit
Boeing has resolved a lawsuit accusing it of duping a South African airline into purchasing faulty 737 Max jets, the parties told a Washington federal judge, ending a case marked by discovery disputes that the judge recently said had "spiraled out of control."
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August 04, 2025
Barnes & Thornburg Adds Leader Of FDA Practices At 2 Firms
Barnes & Thornburg LLP has hired the former leader of both Husch Blackwell LLP and Michael Best & Friedrich LLP's U.S. Food and Drug Administration-focused practices who brings a perspective to its Washington, D.C., office that includes working at the agency for more than a decade.
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August 04, 2025
Cold Storage Co. Duped Investors Before 2024 IPO, Suit Says
A pension fund has sued Lineage Inc., a cold-storage real estate investment trust, and several of its executives in Michigan federal court over the company's initial public offering, the largest of 2024, alleging the REIT and its top brass misled investors about softening demand and unsustainable pricing.
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August 04, 2025
Home Depot's Self-Checkout Kiosks Violate BIPA, Suit Says
Home Depot was hit with proposed class biometric privacy claims Monday by a customer who says the facial recognition technology the retailer deploys at its self-checkout kiosks illegally scans, collects and uses consumers' geometric facial data without informed consent.
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August 04, 2025
Texas Bill Seeks Lower Voter-Approval Property Tax Rate
Texas would reduce its voter-approval property tax rate, or the rate that a local government unit may adopt without voter approval, for large taxing units under a bill introduced in the state Senate.
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August 04, 2025
DuPont Inks $2.5B Deal With NJ Over PFAS Pollution
E.I. du Pont de Nemours and New Jersey have reached a more than $2 billion landmark deal to remedy long-standing "forever chemical" contamination at the company's manufacturing sites across the Garden State, including a longtime facility in Salem County.
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August 04, 2025
UBS To Pay DOJ $300M To Settle Inherited Credit Suisse Case
Swiss bank UBS said Monday it has agreed to pay the U.S. Department of Justice $300 million to settle outstanding obligations inherited from the mortgage-backed securities business of Credit Suisse, the lender it acquired in 2023.
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August 01, 2025
States Can't Block Trump Admin's Cuts To Science Grants
A Manhattan federal judge on Friday rejected a request from 16 states to block the Trump administration from cutting millions of dollars in grant funds from the National Science Foundation for scientific research and programs aimed at enhancing diversity, equity and inclusion in STEM fields and environmental justice.
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August 01, 2025
Meta Illegally Recorded Flo Users' Data, Calif. Jury Finds
A California federal jury Friday found Meta Platforms Inc. liable for violating the state's wiretap law by using a data analytics tool to retrieve sensitive health data from users of the popular menstrual tracking app Flo, in what plaintiffs' counsel called "one of the first times" a major tech company has been held accountable for such practices.
Expert Analysis
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A Guide To Permanent Capital Vehicles As Access Widens
Recent regulatory and legislative actions are making it easier for retail investors to access permanent capital vehicles like closed-end, interval, tender offer and open-end funds, which each offer distinct advantages that are important to review, say attorneys at Mayer Brown.
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The CFTC Is Shaking Up Sports Betting's Legal Future
The sports betting industry faces a potential sea change amid recent state and federal actions across the regulatory landscape that have expanded access to sporting event contracts against the backdrop of waning Commodity Futures Trading Commission opposition, says Nick Covek at Foley & Lardner.
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Series
Law School's Missed Lessons: Rejecting Biz Dev Myths
Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.
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DOJ Has Deep Toolbox For Corporate Immigration Violations
With the U.S. Department of Justice now offering rewards to whistleblowers who report businesses that employ unauthorized workers, companies should understand the immigration enforcement landscape and how they can reduce their risk, say attorneys at McDermott.
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Trade In Limbo: The Legal Storm Reshaping Trump's Tariffs
In the final days of May, decisions in two significant court actions upended the tariff and trade landscape, so until the U.S. Supreme Court rules, businesses and supply chains should expect tariffs to remain in place, and for the Trump administration to continue pursuing and enforcing all available trade policies, say attorneys at Ice Miller.
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Speech Protection Questions In AI Case Raise Liability Risk
A Florida federal court's recent landmark ruling in Garcia v. Character Technologies, rejecting artificial intelligence developers' efforts to shield themselves from product liability and wrongful death claims under the First Amendment, challenges the assumption that chatbot outputs qualify as speech, and may redefine AI regulation and litigation nationally, says Peter Gregory at Goldberg Segalla.
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Move Beyond Surface-Level Edits To Master Legal Writing
Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.
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3 Rulings May Reveal Next Frontier Of Gov't Contract Cases
Several U.S. Supreme Court decisions over the past year — involving wire fraud, gratuities and obstruction — offer wide-ranging and arguably conflicting takeaways for government contractors that are especially relevant given the Trump administration’s focus on diversity, equity and inclusion initiatives, say attorneys at Rogers Joseph.
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How Ore. Law Puts New Confines On Corp. Health Ownership
A newly enacted law in Oregon strengthens the state’s restrictions on corporate ownership of healthcare practices, with new limitations on overlapping control, permissible services, restrictive covenants and more making it necessary for practices to review decades-old physician practice arrangements, say attorneys at Ropes & Gray.
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Early Trends In Proxy Exclusion After SEC Relaxes Guidance
The U.S. Securities and Exchange Commission’s recent guidance broadening shareholder proposal exclusion under Rule 14a-8 has been undoubtedly useful to issuers this proxy season, but it does not guarantee exclusion, say attorneys at Debevoise.
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Best Practices For State Banks Eyeing Federal Conversions
Amid a notable uptick — fueled by ongoing regulatory upheaval — in state-chartered banks exploring conversion to national bank charters, banks contemplating the decision should weigh the benefits, like uniform supervision, and potential impediments, like costly exam fees, say attorneys at Skadden.
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9th Circ. Has Muddied Waters Of Article III Pleading Standard
District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.
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An Underused Tariff Exemption For Medical Product Importers
Medical device importers may be able to reduce tariff exposure by leveraging an often-overlooked Nairobi Protocol duty exemption for products specially designed to benefit those with qualifying medical conditions, says Samuel Finkelstein at LMD Trade Law.
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Future Of Enviro Crimes Under Trump's Federal Regs Order
President Donald Trump's recent executive order about fighting overcriminalization in federal regulations creates new advocacy opportunities for defense counsel to argue that particular environmental crime investigations and matters ought to be limited or declined based on the policy priorities reflected in the order, say attorneys at Sidley.
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How Cos. Can Prep For Calif. Cybersecurity Audit Regulations
As the California Privacy Protection Agency Board finalizes cybersecurity audit requirements, companies should take six steps to prepare for the audit itself and to build a compliant cybersecurity program that can pass the audit, say attorneys at Covington.