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Compliance
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July 24, 2025
NCUA Board Members 'Glad To Be Back' Amid Trump Fight
The National Credit Union Administration officials who were ousted this spring by President Donald Trump took part Thursday in their first board meeting since a federal judge reinstated them just two days earlier, even as the court fight for their jobs continues.
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July 24, 2025
Judge Blocks Crypto REIT From Collecting Rent In Detroit
A Michigan state judge has barred a cryptocurrency-based real estate investment firm and affiliates from collecting rent at hundreds of Detroit properties until it brings them into compliance with city code.
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July 24, 2025
EU Probes If KKR Gave 'Incorrect Or Misleading' Merger Info
European Union antitrust enforcers announced an investigation Thursday into whether KKR & Co. Inc. provided "incorrect or misleading information" as part of the review of its $23.7 billion acquisition of NetCo that received unconditional approval last year.
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July 24, 2025
Feds Can't End Bank Oversight After $3M Redlining Deal
A Pennsylvania federal judge has rejected the government's bid to release a bank it previously accused of discriminatory lending from court oversight, holding that continued enforcement was "essential" to make sure the terms of a settlement resolving the allegations were adhered to.
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July 24, 2025
High Court Hits Pause On 8th Circ. Voting Rights Order
The U.S. Supreme Court on Thursday paused an Eighth Circuit order to vacate two North Dakota tribes' challenge to two of the state's voting laws that they allege will silence the state's Indigenous voters and disenfranchise millions across seven Midwestern states.
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July 24, 2025
Bets On Atty's Lien Biz Lost Millions, Investor Tells Jury
A seasoned investor told a Manhattan federal jury Thursday that he heavily backed a tax-lien fund controlled by a lawyer now accused of fraud, ultimately losing $2.9 million in supposedly low-risk bets where such losses were "not supposed to be possible."
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July 24, 2025
DOL Relaunches Employer Self-Audit FLSA Program
The U.S. Department of Labor relaunched an employer self-audit program Thursday that supports employers that seek to resolve potential wage violations and avoid litigation — an initiative from the first Trump administration that was popular among employers.
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July 24, 2025
3rd Circ. Rules Philly Injection Site Equals Religious 'Person'
A nonprofit battling government resistance to its planned safe drug injection site in Philadelphia can qualify for religious freedom protections, the Third Circuit said in a precedential opinion on Thursday, reasoning the organization meets the definition of a "person" practicing religion.
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July 24, 2025
5th Circ. Tells School District To Rehire Fired Worker
The Fifth Circuit said an ex-maintenance worker who won his wrongful termination suit against a school district should be reinstated, faulting the lower court for finding that he couldn't be given a job because his previous position had been filled.
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July 24, 2025
Judge Says UiPath Investors Disappointed, Not Deceived
Automation software firm UiPath Inc. has, for now, defeated a consolidated investor suit accusing it of falsely touting the success of a new development strategy, after a federal judge said that security laws do not shield against bad outcomes and investors did not plausibly allege material misstatements or fraudulent intent.
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July 24, 2025
NC Urges 4th Circ. Not To Block Vape Regs During Appeal
North Carolina officials are urging the Fourth Circuit to deny a bid by vape interests to block enforcement of a new state vaping regulation while they appeal their case, saying the plaintiffs have already tried, and failed, three times to show they deserve an injunction.
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July 23, 2025
Columbia Says It'll Pay $200M To Put To Rest Beef With Trump
Columbia University said Wednesday that it has agreed to pay a $200 million settlement to the federal government to resolve the Trump administration's allegations the institution didn't do enough to protect Jewish students, a move Columbia said means the "vast majority" of federal funding will be restored.
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July 23, 2025
FTC Wants PE Firm's Medical Device Coating Deal Put On Ice
Private equity firm GTCR BC Holdings' $627 million merger with Surmodics will bring the previously fierce competition for medical device coatings to a grinding halt, the FTC says, which is all the more reason a federal court should block the deal while an agency challenge plays out.
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July 23, 2025
CFPB Sued Over Retreat From Biden-Era Small-Biz Loan Rule
The Consumer Financial Protection Bureau was sued Wednesday in Washington, D.C., federal court over claims it is illegally dismantling a data-collection rule meant to expose discrimination in small-business lending, the latest twist in multi-front litigation over the Biden-era measure.
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July 23, 2025
911 Call Centers Face Cybersecurity Risks, Mich. Says
As the Federal Communications Commission moves to transition the country to next-generation 911 services, it should take a closer look at cybersecurity, a Michigan emergency response panel told the agency.
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July 23, 2025
MIT Grads Can't Escape $25M Crypto Heist Charges
Two Massachusetts Institute of Technology-educated brothers accused of executing a $25 million cryptocurrency theft remain on the hook for fraud after a New York federal judge ruled Wednesday that prosecutors have shown that the pair's novel methods intended to deceive certain traders and meddled with transactions.
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July 23, 2025
Trump Admin Appeals Ruling On NCUA Board Member Firings
The Trump administration has asked a Washington, D.C., federal judge to pause a ruling reinstating two ousted Democratic members of the National Credit Union Administration board, arguing the decision represents an "extraordinary intrusion" into presidential power and is being swiftly appealed.
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July 23, 2025
Meme Coin Buyers Say Pump.Fun Offered 'Illegal Gambling'
Users of the meme coin launchpad Pump.Fun accused the company of operating an illegal digital casino in an updated complaint that added racketeering allegations to their earlier proposed securities class action and named developers of the project's underlying blockchain as defendants.
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July 23, 2025
Enviro Groups Slam FAA For SpaceX Review Shortcuts
The Federal Aviation Administration knew SpaceX's plans to restore migratory birds' coastal habitats in the event of an explosion at its Boca Chica, Texas, launch site were inadequate, but allowed the company to bypass a full environmental impact statement nonetheless, environmental groups said Wednesday in D.C. federal court.
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July 23, 2025
ICJ Puts Reparations On The Table In Climate Change Case
The International Court of Justice on Wednesday delivered its long-awaited advisory opinion on governments' obligations with respect to climate change, issuing a rare, unanimous decision that opens the door for nations harmed by human-caused greenhouse gas emissions to seek reparations.
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July 23, 2025
3rd Circ. Backs Off 2nd Look At Class Action Fraud Sanction
The Third Circuit has reissued an opinion upholding the conviction of a man accused of defrauding shareholder settlement funds, but saying it should not have previously ordered the lower court to potentially increase the $31 million judgment against the man.
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July 23, 2025
Trump Wins 9th Circ. Block On Order Providing Reorg Plans
The Ninth Circuit greenlighted the Trump administration's request to pause a lower court ruling requiring the government to turn over its layoff and reorganization plans in the case disputing whether the president can lawfully reshape federal agencies without congressional approval.
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July 23, 2025
Ex-Cannabis Co. CFO OK'd To Argue Good Faith In SEC Case
A former executive of cannabis company Acreage Holdings Inc., accused of falsifying the company's financials, will be permitted to argue that he was acting in good faith, a Manhattan federal judge said Wednesday, finding it was too early to know whether attorney-client privilege would block his defense.
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July 23, 2025
Adviser Drops FINRA 5th Amendment Challenge
A financial adviser has dropped his Fifth Amendment challenge against the Financial Industry Regulatory Authority, following the regulator's arguments that it is not subject to constitutional requirements when carrying out its self-regulatory responsibilities.
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July 23, 2025
FWS Wrongly Approved Bird-Harming Pesticide, Judge Says
A North Carolina judge on Wednesday revoked the federal government's approval of a pesticide that is toxic to birds for use as an algal bloom control measure at a lake in a wildlife refuge, saying regulators bungled the environmental review.
Expert Analysis
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High Court Ruling Bucks Trend Of Narrowing Fraud Theories
The U.S. Supreme Court’s recent Kousisis v. U.S. decision, holding that economic loss is not required to establish prosecutors’ fraudulent inducement theory of fraud, is at odds with its decadeslong narrowing of federal fraud statutes’ reach, and may lead to convictions for a wide variety of contractual misrepresentations, say attorneys at Keker Van Nest.
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3 Takeaways From Recent Cyberattacks On Healthcare Cos.
For the healthcare industry, the upward trend in styles of cyberattacks, costs, and entities targeted highlights the critical importance of proactive planning to help withstand the operational, legal and reputational turmoil that can follow a data breach, say attorneys at Troutman Pepper.
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Calif. Air Board Offers Early Hints On Climate Reporting
As initial reporting deadlines for California's new climate reporting laws approach, guidance provided by the California Air Resources Board in a virtual public workshop sheds some light on rulemaking to come, and how to prepare for compliance during this period of uncertainty, say attorneys at Simpson Thacher.
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Parsing The SEC's No-Action Letter On Rule 192 Compliance
Brandon Figg at Morgan Lewis discusses the U.S. Securities and Exchange Commission's recent no-action letter, which greenlights information barriers as an alternative approach to Rule 192 compliance and includes likely relief for existing policies and procedures.
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5 Ways In-House Counsel Can Stay Ahead Of New HSR Rules
Now that the Trump administration’s new Hart-Scott-Rodino Act rules have been in effect for several months, in-house counsel should consider several practice pointers that can help spearhead management of M&A-related antitrust risk, say attorneys at Squire Patton.
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High Court Order On Board Firings Is Cold Comfort For Fed
The U.S. Supreme Court’s recent Trump v. Wilcox order, upholding the firings of two independent agency board members during appeal, raises concerns about the future of removal protections for Federal Reserve System members, and thus the broader politicization of U.S. monetary policy, say attorneys at Squire Patton.
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DOJ Policy Shifts May Resurrect De Facto 'China Initiative'
The U.S. Department of Justice's recently unveiled white collar enforcement strategy seemingly marks a return to a now-defunct 2018 policy aimed at combating national security concerns with China, and likely foretells aggressive scrutiny of trade and customs fraud, sanctions evasion, and money laundering, say attorneys at BakerHostetler.
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Series
Law School's Missed Lessons: Supporting A Trial Team
While students often practice as lead trial attorneys in law school, such an opportunity likely won’t arise until a few years into practice, so junior associates should focus on honing skills that are essential to supporting a trial team, including organization, adaptability and humility, says Lucy Zelina at Tucker Ellis.
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A Look At Employer Wins In Title VII Suits Over DEI Training
Despite increased attacks on diversity, equity and inclusion initiatives, courts across the country have favored employers in cases opposing diversity training, challenging the idea that all workplace inclusion efforts violate the law and highlighting the importance of employers precisely recognizing the legal guardrails, say attorneys at Perkins Coie.
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CFPB Industry Impact Uncertain Amid Priority Shift, Staff Cuts
A recent enforcement memo outlines how the Consumer Financial Protection Bureau's regulatory agenda diverges from that of the previous administration, but, given the bureau's planned reduction in force, it is uncertain whether the agency will be able to enforce these new priorities, say attorneys at Troutman Pepper.
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Lessons From FTC Action On Dark Patterns In User Interfaces
The Federal Trade Commission's recent complaint against Uber for its billing and cancellation practices comes amid other actions addressing consumer confusion and deception, so it is paramount to deploy tools that assess customers' cognitive states of mind to separate lawful marketing from misconduct, says Ceren Canal Aruoba at Berkeley Research Group.
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FAR Rewrite May Cloud Key Gov't Contract Doctrine
The Trump administration's government procurement overhaul, under which sections of the Federal Acquisition Regulation are eliminated by default, is bound to collide with a doctrine that allows courts to read omitted clauses into government contracts if they represent long-standing pillars of federal procurement law, say attorneys at Rogers Joseph.
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SEC Staff Input Eases Path For Broker-Dealer Crypto Activities
Recent guidance from U.S. Securities and Exchange Commission staff on broker-dealer and transfer agent crypto-asset activities suggests a more constructive regulatory posture on permissibility and application of financial responsibility rules, bringing welcome clarity for blockchain market participants and traditional financial institutions alike, say attorneys at Sidley.
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Compliance Essentials To Mitigate AI Crime Enforcement Risk
As artificial intelligence systems move closer to accurately mimicking human decision-making, companies must understand how the U.S. Department of Justice might prosecute them for crimes committed by AI tools — and how to mitigate enforcement risks, say attorneys at Paul Hastings.
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Series
Adapting To Private Practice: From US Attorney To BigLaw
When I transitioned to private practice after government service — most recently as the U.S. attorney for the Eastern District of Virginia — I learned there are more similarities between the two jobs than many realize, with both disciplines requiring resourcefulness, zealous advocacy and foresight, says Zach Terwilliger at V&E.