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Compliance
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November 03, 2025
BofA Says It's Fielding 'Fair Access' Regulatory Inquiries
Bank of America Corp. has told investors it is facing government scrutiny tied to President Donald Trump's push to crack down on alleged political and religious discrimination by financial institutions.
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November 03, 2025
DOJ Taps Hall Render Atty As UnitedHealth Merger Monitor
The U.S. Department of Justice asked a Maryland federal judge Monday to appoint a Hall Render Killian Heath & Lyman PC shareholder as compliance monitor as part of the settlement allowing UnitedHealth Group's merger with Amedisys.
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November 03, 2025
Dems Demand FTC Probe Into Surveillance Co.'s Data Use
Two Democratic U.S. lawmakers urged the Federal Trade Commission on Monday to investigate Flock Safety over its purported failure to implement adequate cybersecurity measures, saying the surveillance technology company has exposed Americans' personal data to theft by hackers and foreign spies.
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November 03, 2025
5th Circ. Wary Of Greenlighting Texas Content Filter Law
A Fifth Circuit panel seemed wary of Texas' argument that it should decide the constitutional merits of a new state law that forces companies to filter content for underage users, saying Monday the district court ought to get a chance to hear more evidence.
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November 03, 2025
Oncology Co. Board Hit With Suit Over Product Growth Claims
Executives and directors of radiopharmaceuticals company Lantheus Holdings Inc. have been hit with an investor's derivative suit accusing them of allowing the company to misrepresent the growth potential of its key product used to detect prostate cancer.
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November 03, 2025
Feds Seek 5 Years For Samourai Wallet Crypto Mixer Operators
Federal prosecutors are seeking 60 months imprisonment for each of the operators of crypto mixer Samourai Wallet, while the men both argued that their initial intention to build a legitimate privacy service favors more lenient treatment.
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November 03, 2025
Judge Denies New Trial In SuperValu Whistleblower Drug Case
An Illinois federal judge has refused to grant a new trial to whistleblowers who said grocery chain SuperValu systematically overbilled the government for prescription drugs, finding there was no issue with jury instructions on causation.
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November 03, 2025
OpenAI Sets Policy Against Legal, Medical Advice
OpenAI has updated its user policy across its artificial intelligence platforms, including ChatGPT, saying its products can't be used by individuals to provide any legal or medical advice.
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November 03, 2025
'Pay-To-Pay' PenFed Fee Class Scores Cert. In West Virginia
A West Virginia federal judge granted certification Monday to a class of borrowers who claim Pentagon Federal Credit Union illegally charged them a $5 fee for making loan payments by phone or online, finding that the class meets all the requirements for certification.
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November 03, 2025
W.Va., Chamber Say NY Climate Superfund Law Is Preempted
States and business groups on Friday told a New York federal judge that the state Climate Change Superfund Act is preempted by the Constitution and the Clean Air Act and should be struck down.
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November 03, 2025
2nd Circ. Urged To Revive Norfolk Southern Fraud Suit
The Second Circuit was told Friday that a proposed securities fraud class action against Norfolk Southern Corp. investors should be revived, as the rail giant misled investors by falsely extolling safety commitments while the company winnowed its workforce and cut costs.
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November 03, 2025
OpenAI Seeking Rejected DOJ Search Fixes, Google Says
Google urged a D.C. federal judge Monday not to let OpenAI wade into the U.S. Department of Justice's case against its search monopoly, arguing the ChatGPT maker is too late and is advocating for help "grounding" its artificial intelligence model, even though the judge explicitly rejected just such a remedy.
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November 03, 2025
Meat Giant JBS Inks $1.1M NY AG Deal Over Climate Claims
New York Attorney General Letitia James announced Monday that JBS USA Food Co. and an affiliated holding company will pay $1.1 million to support climate-focused agriculture programs in the state as part of a settlement over allegations they misled the public about efforts to reduce their carbon footprint.
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November 03, 2025
IEX Blasts Citadel Securities' 'Campaign' To Block Exchange
Investors Exchange LLC is pushing back against Citadel Securities LLC's attempt to stop it from going live with a new options exchange, telling the Eleventh Circuit that the high-frequency trading firm has run a decade-long "campaign to impede IEX and preserve its competitive advantages."
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November 03, 2025
FINRA Fines Firm $10M Over Excessive Client Gifts
The Financial Industry Regulatory Authority accused Illinois-based securities wholesaler First Trust Portfolios LP of repeatedly violating gift-giving rules to incentivize clients to sell its products, fining the firm $10 million for buying clients tickets to sporting events and concerts "that significantly exceeded FINRA limits."
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November 03, 2025
3rd Circ. Says FBI, US Attorneys Fumbled FOIA Requests
The Third Circuit partially revived a Freedom of Information Act lawsuit lodged by a man convicted of mortgage fraud on Monday, agreeing that the Federal Bureau of Investigation and the Executive Office for United States Attorneys lacked justification for failing to give him certain information he asked for.
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November 03, 2025
SafeSport Says Coach's Claims Fail After His Arbitration Win
U.S. Gymnastics officials have asked a New Jersey federal court to toss the lawsuit brought by a coach who was temporarily suspended over abuse allegations, arguing he lacks standing to bring his case in court since he was reinstated following arbitration and there is no relief to provide.
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November 03, 2025
Mass. Justices Hint Charter Schools Must Obey Records Law
Justices on Massachusetts' highest court on Monday appeared skeptical of arguments that a publicly funded charter school, unlike its city- and town-operated counterparts, is not subject to the state's public records law.
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November 03, 2025
2 Doctrines Likely To Direct Justices' Review Of Trump Tariffs
When the U.S. Supreme Court hears oral arguments Wednesday over whether President Donald Trump can impose tariffs under the International Emergency Economic Powers Act, it will likely test two doctrines the justices have recently considered: the major questions and nondelegation doctrines.
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November 03, 2025
Parking Lot Sign Isn't A Contract, Drivers Tell Fla. Court
A proposed class of individuals suing a Georgia company for allegedly accessing confidential DMV records urged a Florida federal court to let their amended lawsuit proceed, saying it can't win on its argument that the text of a street sign showing the consequences of nonpayment for parking constitutes a contract.
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November 03, 2025
DC Circ. Fight Grows Over Energy Dept.'s Coal Plant Order
The U.S. Department of Energy is facing an expanded challenge over its move to keep a Michigan coal-fired power plant open, as Illinois and Minnesota have asked the D.C. Circuit to overturn the agency's extension of its emergency order through Nov. 19.
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November 03, 2025
Calif. Can't Enforce 'Clean Trucks' Pact, Judge Says
California cannot enforce a 2023 agreement that would have subjected heavy-duty truck manufacturers to stringent state emissions standards and stiff penalties for noncompliance, after a federal judge signaled that federal law likely preempts the Golden State's standards.
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November 03, 2025
Williams & Connolly Loses FOIA Suit For Halkbank Documents
Federal agencies including U.S. Immigration and Customs Enforcement have fulfilled their obligations responding to certain Freedom of Information Act requests made by Williams & Connolly LLP in connection with its defense of Turkish state-owned bank Halkbank, a D.C. federal judge has determined.
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November 03, 2025
Fla. Cannabis Banking Biz Broke Law, Investor Suit Says
An investor in Florida-based First National Bank of Pasco hit the bank with a lawsuit alleging that its inability to manage lending to cannabis industry operators has made it prone to regulatory scrutiny and financial harm, including a recent investigation by the Office of the Comptroller of the Currency.
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November 03, 2025
Memphis Airport Sues Signage Co. Over $9M Contract
The owner and operator of Memphis International Airport has told a Tennessee federal court that a Nebraska company failed to deliver on a $9.4 million airfield signage replacement project, alleging the work has been plagued by chipping and peeling paint.
Expert Analysis
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Opinion
Ending Quarterly Reporting Would Erode Investor Protection
President Donald Trump recently called for an end to the long-standing practice of corporate quarterly reporting, but doing so would reduce transparency, create information asymmetries, provide more opportunities for corporate fraud and risk increased stock price volatility, while not meaningfully increasing long-term investments, say attorneys at Bleichmar Fonti.
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Series
Adapting To Private Practice: 3 Tips On Finding The Right Job
After 23 years as a state and federal prosecutor, when I contemplated moving to a law firm, practicing solo or going in-house, I found there's a critical first step — deep self-reflection on what you truly want to do and where your strengths lie, says Rachael Jones at McKool Smith.
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Strategies For Defending Banks In Elder Abuse Cases
Several recent cases demonstrate that banks have plenty of tools to defend against claims they were complicit in financial abuse of older adults, but financial institutions should also continue to educate customers about third-party scams before they happen, say attorneys at Troutman.
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AG Watch: Va. Race Spotlights Consumer Protection Priorities
Ahead of the state's attorney general election, Virginia companies should assess how either candidate's approach could affect their compliance posture, with incumbent Jason Miyares promising a business-friendly atmosphere that prioritizes public safety and challenger Jay Jones pledging to focus on economic justice and corporate accountability, says Chuck Slemp at Cozen O’Connor.
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A Look At Project Crypto's Plans For Digital Asset Regulation
U.S. Securities and Exchange Commission Chairman Paul Atkins' recent announcement of Project Crypto, an agencywide initiative to modernize federal securities regulations, signals a significant shift toward a more flexible regulatory framework that would shape the future of the U.S. digital asset market, say attorneys at WilmerHale.
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Breaking Down The Intersection Of Right-Of-Publicity Law, AI
Jillian Taylor at Blank Rome examines how existing right-of-publicity law governs artificial intelligence-generated voice-overs, deepfakes and deadbots; highlights a recent New York federal court ruling involving AI-generated voice clones; and offers practical guardrails for using AI without violating the right of publicity.
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Series
Painting Makes Me A Better Lawyer
Painting trains me to see both the fine detail and the whole composition at once, enabling me to identify friction points while keeping sight of a client's bigger vision, but the most significant lesson I've brought to my legal work has been the value of originality, says Jana Gouchev at Gouchev Law.
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H-2A Rule Rollback Sheds Light On 2 Policy Litigation Issues
The Trump administration’s recent refusal to defend an immigration regulation implemented by the Biden administration highlights a questionable process that both parties have used to bypass the Administrative Procedure Act’s rulemaking process, and points toward the next step in the fight over universal injunctions, says Mark Stevens at Clark Hill.
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NY AML Rules Get Crypto Rebrand: What It Means For Banks
A recent letter from the New York State Department of Financial Services outlining how banks can use blockchain analytics in anti-money laundering efforts is a reminder that crypto activity is not exempted from banks' role in keeping the financial system safe, says Katherine Lemire at Lankler Siffert.
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What's At Stake At High Court For Presidential Removal Power
Two pending U.S. Supreme Court cases —Trump v. Slaughter and Trump v. Cook — raise fundamental questions about the constitutional separation of powers, threaten the 90-year-old precedent of Humphrey's Executor v. U.S. and will determine the president's authority to control independent federal agencies, says Kolya Glick at Arnold & Porter.
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Using The GHG Protocol For California Climate Reporting
With the California Air Resources Board's recent announcement that entities subject to the state's climate disclosure laws can use the Greenhouse Gas Protocol as a standard for structured, auditable reporting, a review of methods, data sources and disclosures under the protocol is timely for compliance planning, says Thierry Montoya at Frost Brown.
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Employer Considerations As Ill. Ends Mandatory Fact-Finding
Illinois recently eliminated mandatory fact-finding conferences, and while such meetings tend to benefit complainants, respondent employers should not dismiss them out of hand without conducting a thorough analysis of the risks and benefits, which will vary from case to case, says Kimberly Ross at FordHarrison.
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3 Trends From AI-Related Securities Class Action Dismissals
A review of recently dismissed securities class actions centering on artificial intelligence highlights courts' scrutiny of statements about AI's capabilities and independence, and sustained focus on issues that aren't AI-specific, say attorneys at Alston & Bird.
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Compliance Pointers Amid Domestic Terrorism Clampdown
A recent presidential memorandum marks a shift in federal domestic-terrorism enforcement that should prompt nonprofits to enhance diligence related to grantees, vendors and events, and financial institutions to shore up their internal resources for increased suspicious-activity monitoring and reporting obligations, say attorneys at Morgan Lewis.
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5 Evolving Marketing Risks That Finance Cos. Should Watch
Financial services providers should beware several areas where consumer protection regulators are broadening their scrutiny of modern marketing practices, such as the use of influencer testimonials or advertisements touting artificial intelligence-powered products, so they can better adapt to changing expectations for compliance, say attorneys at Hinshaw.