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Compliance
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April 29, 2025
Duke Energy Rival Tells Justices Not To Review Monopoly Suit
Independent power producer NTE Energy is urging the U.S. Supreme Court not to review a decision that revived its monopoly suit against Duke Energy, saying the North Carolina-based company is asking the justices to issue an advisory opinion answering a hypothetical question.
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April 29, 2025
2nd Circ. Not Sure FCC Fine Denied Verizon's Trial Right
Second Circuit judges questioned Tuesday why the feds couldn't fine Verizon millions of dollars for location data misuse since the telecom carrier has the option of refusing to pay and demanding a jury trial if the U.S. Department of Justice comes to collect.
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April 29, 2025
GOP Plan To Shutter Audit Watchdog Could Strain SEC
Congressional Republicans are renewing the push to get rid of a financial regulator that conservatives have complained is costly and lacks proper oversight, but some former staffers at the Public Company Accounting Oversight Board wonder whether the U.S. Securities and Exchange Commission has the manpower or expertise to take over the board's duties.
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April 29, 2025
Ex-CFPB Senior Attys Sign On With Democracy Forward
Democracy Forward, a legal advocacy group that's emerged as a top court brawler with the Trump administration, said Tuesday that it has hired several more of the Consumer Financial Protection Bureau's recently departed senior litigators, adding to its ranks of agency alums.
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April 29, 2025
FTC Defends John Deere Right-To-Repair Suit
Farm machinery-maker Deere & Co. is trying to get out of an FTC enforcement action using the same arguments that didn't help it escape multidistrict litigation accusing the company of breaking antitrust laws by restricting access to repair services, the government says.
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April 29, 2025
State Telecom Roundup: Funding Security Without The Feds
The Trump administration has made it clear that it expects states to take the reins regarding cybersecurity infrastructure and disaster preparedness and that the feds plan to step back, but not all states are equally prepared for that task.
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April 29, 2025
SEC Abandons Investigation Into PayPal's Dollar Stablecoin
The U.S. Securities and Exchange Commission has dropped its investigation into PayPal's dollar-pegged stablecoin "without enforcement action," PayPal said in a disclosure filed Tuesday, the latest cryptocurrency probe abandoned by the agency under President Donald Trump's administration.
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April 29, 2025
CFPB Aims To Mediate Colony Ridge 'Reverse Redlining' Suit
The Consumer Financial Protection Bureau and a Houston-based real estate developer asked a Texas federal judge Tuesday to pause the bureau's reverse redlining suit so they can engage in mediation to resolve the case.
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April 29, 2025
Examining The EPA's Forever Chemical Plans
The U.S. Environmental Protection Agency says it plans to clarify who is liable for forever chemical contamination and hold polluters accountable, though questions remain as to whether current standards could be loosened and how much help could be needed from Congress.
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April 29, 2025
Adviser Renews Bid To Toss SEC Suit Over Liquidity Rule
Pinnacle Advisors LLC has again urged a New York federal judge to toss a U.S. Securities and Exchange Commission suit accusing the wealth management firm of exceeding its allowed allotment of illiquid investments, standing by its arguments that the so-called liquidity rule was wrongly promulgated.
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April 29, 2025
Judge Mulls If Google Could Still Vie To Be Default Search
A D.C. federal judge probed potential middle grounds Tuesday for how to give Google's search engine rivals a leg up against the company's monopoly, asking how to avoid a "duopoly" with Microsoft and if Google might be permitted to continue paying browsers and phonemakers for default placement.
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April 29, 2025
Chancery Ruling In Fox News Case Raises Experts' Eyebrows
Experts are questioning a Delaware Chancery Court order for review of a Fox Corp. director's independence in a suit seeking recoveries for 2020 election-tied defamation damages, raising the potential for the suit's dismissal four months after a different jurist on the same court moved the case toward trial.
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April 29, 2025
Gore-Tex Maker Seeks Dismissal Of PFAS Suit
The company behind the waterproof fabric brand Gore-Tex urged a Washington federal court to dismiss a lawsuit accusing it of manufacturing with toxic forever chemicals while also "greenwashing" its image, arguing that the buyers, who did not actually test their garments, provide no proof that the clothing they bought contains these substances.
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April 29, 2025
Watchdog Will Probe Trump Admin's Push To Shrink CFPB
The U.S. Government Accountability Office will look into whether the Trump administration's aggressive downsizing efforts have rendered the Consumer Financial Protection Bureau unfit for duty, agreeing to a review sought by Democratic lawmakers.
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April 29, 2025
Mich. AG Says Roku Breached Children's Data Privacy
The Michigan Department of Attorney General sued Roku in federal court Tuesday, accusing the streaming platform of illegally collecting the data and personal information of its underage users and sharing it with third parties without parental consent or the notice required by law.
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April 29, 2025
Trump Can't Reorganize Gov't Without Congress, Groups Say
President Donald Trump lacks the power to reorganize the executive branch and push for mass terminations of workers when Congress hasn't given its blessing, unions and other groups told a California federal court.
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April 29, 2025
NCAA Says NY Case's Demise Dooms NC State '83 Team's Suit
The NCAA told North Carolina's business court that a New York federal judge's decision to throw out a proposed antitrust class action against it brought by former men's basketball players should also doom a similar suit brought by the 1983 North Carolina State University men's basketball national championship team.
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April 29, 2025
Meta Looks To Delete User Antitrust Claims Over Pay For Data
Meta urged a California federal court Monday to end antitrust claims from consumers alleging they should be paid for their data, saying flawed expert theories that doomed class certification also sink the entire case for the remaining individual plaintiffs.
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April 29, 2025
OKCoin Says Crypto Holders Can't Tie Firm To $2M Theft
Digital asset exchange OKCoin and its affiliates urged a California federal judge to dismiss a proposed class action accusing them of enabling cryptocurrency thieves, arguing the real cause of the plaintiffs' losses was the initial theft, not any actions by the exchange.
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April 29, 2025
FERC Wrongly Greenlighted Kan. Grid Projects, DC Circ. Told
The Federal Energy Regulatory Commission unlawfully approved a Kansas electric co-operative's transmission development projects despite rejecting a regional grid operator's plan to divide the costs of such projects, the D.C. Circuit heard Monday.
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April 29, 2025
Holtec Embezzlement Suit Paused In NJ For Ohio Case
A New Jersey state court froze energy technology company Holtec International's suit accusing its former general counsel and its one-time chief financial officer of tricking the firm into paying $700,000 to a consulting entity the duo owned so that a similar suit in Ohio can be resolved first.
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April 29, 2025
Celsius Founder Should Get 20 Years For Fraud, Feds Say
Prosecutors have urged a federal judge in Manhattan to sentence the founder of defunct cryptocurrency platform Celsius to 20 years in prison, arguing he ran a "yearslong campaign of lies and self-dealing" that caused billions of dollars in losses to thousands of customers.
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April 29, 2025
Florida, 20 Other States Back FTC Commissioner Firings
A group of 21 Republican-led states and the Arizona Legislature are backing President Donald Trump's firing of two Democratic Federal Trade Commission members, telling the D.C. federal judge hearing the commissioners' case that the president has absolute authority over the commission.
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April 29, 2025
Retirees Fight Lockheed's Quick Appeal Push In Annuity Suit
Lockheed Martin retirees urged a Maryland federal judge not to allow the company to immediately challenge a ruling that kept alive their suit claiming Lockheed illegally pushed workers' pensions into risky annuities, arguing an appeal would be premature even though a similar case was recently tossed out.
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April 28, 2025
FTC Requires Co. To Cease Inaccurate AI Detection Claims
The Federal Trade Commission on Monday took aim at the marketer of a tool that's designed to detect whether online content has been developed using generative artificial intelligence technology, issuing a directive for the company to stop advertising the accuracy of its product without sufficient evidence.
Expert Analysis
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Preparing For Tariffs On Canadian Power In The Northeast
The on-again, off-again risk of import and export tariffs on energy transactions between the U.S. and Canada may have repercussions for U.S. energy stakeholders in the ISO New England and New York Independent System Operator electricity markets — but there are options that could help reduce cost impacts, say attorneys at Husch Blackwell.
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New SEC Guidance May Change How Investors, Cos. Talk
The U.S. Securities and Exchange Commission's recent updates to the Schedules 13D and G compliance and disclosure interpretations may mean large institutional investors substantially curtail the feedback they provide companies about their voting intentions in connection with shareholder meetings, which could result in negative voting outcomes for companies, say attorneys at Cleary.
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4 Key Payments Trends For White Collar Attys
As the payments landscape continues to innovate and the new administration looks to expand the role of digital currency in the American economy, white collar practitioners should be aware of several key issues in this space, say attorneys at Jenner & Block.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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What's Old And New In The CFTC's Self-Reporting Advisory
Attorneys at Blank Rome analyze the U.S. Commodity Futures Trading Commission's recent advisory that aims to provide clarity on self-reporting violations of the Commodity Exchange Act, and review whether market participants should shift their thinking — or not — when it comes to cooperation with the CFTC.
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Weathering Policy Zig-Zags In Gov't Contracting Under Trump
To succeed amid the massive shift in federal contracting policies heralded by President Donald Trump's return to office, contractors should be prepared for increased costs and enhanced False Claims Act enforcement, and to act swiftly to avail themselves of contractual remedies, says Jacob Scott at Smith Currie.
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How Trump's Crypto Embrace Is Spurring Enforcement Reset
The U.S. Securities and Exchange Commission's recent willingness to step away from ongoing enforcement investigations and actions underscores the changing regulatory landscape for crypto under the new administration, which now appears committed to working with stakeholders to develop a clearer regulatory framework, say attorneys at Sheppard Mullin.
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After CEQ's Rollback, Fate Of NEPA May Be In Justices' Hands
The White House Council on Environmental Quality recently announced its intention to rescind its own National Environmental Policy Act regulations, causing additional burdens to existing NEPA challenges, and raising questions for regulated entities and federal agencies that may only be resolved by a pending U.S. Supreme Court case, say attorneys at Holland & Knight.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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2 Areas Of Labor Law That May Change Under Trump
Based on President Donald Trump's recent moves, employers should expect to see significant changes in the direction of law coming out of the National Labor Relations Board, particularly in two areas where the Trump administration will seek to roll back the Biden NLRB's changes, says Daniel Johns at Cozen O’Connor.
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Opinion
It's Time To Fix The SEC's Pay-To-Play Rule
Nearly 15 years after its adoption, the U.S. Securities and Exchange Commission's pay-to-play rule is not working as intended — a notion recently echoed by SEC Commissioner Hester Peirce — and the commission should reconsider the strict liability standard, raise the campaign contribution limits and remove the look-back provision, say attorneys at WilmerHale.
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Opinion
CPSC's Amazon Ruling Is A Win For Safety, Accountability
A recent U.S. Consumer Product Safety Commission order classifying Amazon.com as a distributor, and requiring it to comply with notice, recall, refund and remediation obligations for defective products, is a major victory for consumer safety — and for attorneys pursuing product liability claims against major online retailers, says Donald Fountain at Clark Fountain.
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Cross-Border Lessons In Using Hague Evidence Convention
Recent case law demonstrates that securing evidence located abroad requires a strategic approach, including utilization of the Hague Evidence Convention and preparation to justify your chosen evidence-gathering path, say attorneys at Fish & Richardson.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.