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Compliance
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August 19, 2025
Trump Signs Bill To Boost Export Control Transparency
President Donald Trump signed a bipartisan bill on Tuesday that aims to provide more transparency in the U.S. Department of Commerce's export control system, which restricts foreign adversaries from obtaining critical U.S. technologies and software.
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August 19, 2025
Feds Say They'll Rescind Biden-Era Species Protections
The U.S. Fish and Wildlife Service has said it will rescind a Biden-era Endangered Species Act rule that automatically places the strongest protections on all plants and animals covered by law.
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August 19, 2025
9th Circuit Pauses Oak Flat Land Transfer Pending Appeals
A Ninth Circuit panel has hit pause on the federal government's scheduled transfer of a centuries-old Indigenous worship site within Arizona's Tonto National Forest to a copper mining company while challenges to a multibillion-dollar proposed project play out in the appellate court.
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August 19, 2025
Trump's 'Abnormal' Use Of FCA Could Get Tricky In Court
The Trump administration is wielding the False Claims Act in unusually narrow ways to drive policies on social and cultural issues — including gender-affirming care and diversity, equity and inclusion programs — but the government's potential theories of liability under the federal law remain largely untested and might not hold up in court, experts say.
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August 19, 2025
5th Circ. Says NLRB Structure Likely Unconstitutional
The Fifth Circuit on Tuesday upheld injunctions barring the National Labor Relations Board from prosecuting unfair labor practice cases against SpaceX and two other companies, saying the removal protections that federal labor law gives board members and agency judges likely violate the U.S. Constitution.
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August 18, 2025
Battle Brews Over Fed's Plan For Big Bank Ratings Revamp
Leading banking industry groups are urging the Federal Reserve to move full speed ahead with a supervisory ratings overhaul that could classify more big banks as "well managed," but critics warn the plan amounts to dangerous, and potentially unlawful, grade inflation.
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August 18, 2025
Meta Faces Senate Probe Over AI Chatbots' Talks With Kids
Republican Sen. Josh Hawley of Missouri has launched an investigation into how artificial intelligence-fueled chatbots being deployed by Meta interact with children, following reports that the social media giant internally approved rules that would enable these products to engage "romantic" and "sensual" exchanges with minors.
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August 18, 2025
HHS Says Layoffs, Reorganization Are Within Its Authority
The Trump administration urged a Rhode Island federal judge to toss claims that massive cuts to the Health and Human Services Department violate the U.S. Constitution and usurp congressional authority, arguing the state plaintiffs don't have the authority to dictate how the executive branch manages its personnel.
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August 18, 2025
Williams-Sonoma Loses Bid To Narrow Thread-Count Class
A California federal judge on Monday denied Williams-Sonoma's bid to exclude certain class members from a suit alleging it misled consumers about the thread count of its bedding, finding the company did not meet its burden to establish the consumers agreed to arbitrate their claims.
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August 18, 2025
SDNY Judges OK Trump's Selection Of Jay Clayton As US Atty
The Southern District of New York on Monday permitted Jay Clayton to continue overseeing the district's prosecutorial office, appointing Clayton as U.S. attorney just a day before his tenure as interim U.S. attorney was set to expire.
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August 18, 2025
NetChoice Expert Cut From La. Suit Amid AI Fabrication Claims
Tech trade group NetChoice confirmed Monday it's dropping an expert witness who filed a "misattributed" report in its lawsuit challenging a new Louisiana law that would restrict minors' access to social media, after the state's attorney general alleged the declaration contained "AI-fabricated quotations and citations."
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August 18, 2025
9th Circ. Splits Over Ore.'s Denial Of Christian Youth Grants
A split Ninth Circuit panel on Monday largely upheld a lower court's refusal to preliminarily block Oregon's requirement that recipients of certain youth grants agree not to discriminate on the basis of religion, though it also said the rule is unconstitutional if it restricts any initiatives that aren't tied to the grants.
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August 18, 2025
Musk Seeks Early Win In Twitter Investor Fraud Case
Elon Musk has asked a California federal judge to dismiss claims brought by a class of former Twitter investors in litigation accusing the right-wing billionaire of intentionally tanking the social media platform's stock price, arguing his statements made ahead of the deal are accurate.
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August 18, 2025
Texas Judge Stays PWFA Suit After 5th Circ. Decision
A Texas federal judge on Monday stayed a challenge to the Pregnant Workers Fairness Act after the Fifth Circuit ruled in a separate case that the U.S. Equal Employment Opportunity Commission could enforce the law.
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August 18, 2025
Mich. Judge Keeps Eagles Player In NCAA Fight On Field
A Michigan state court judge has granted a preliminary injunction allowing an Eastern Michigan University offensive lineman to remain on the football team while he challenges a five-year eligibility cap for college athletes, saying the player has shown a likelihood of success at trial on his claims.
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August 18, 2025
FTC Targets Ticket Resellers Over Eras Tour Sales Meltdown
The Federal Trade Commission on Monday sued ticket brokers in Maryland federal court for allegedly snatching up hundreds of thousands of Taylor Swift Eras Tour tickets and selling them at high markups after bypassing Ticketmaster's purchase limit rules and verification processes by using fake accounts and spoofed IP addresses.
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August 18, 2025
Colo. AG Blasts FCC's T-Mobile, Skydance Approvals
Colorado's top law enforcer has said he's unhappy with the way the federal government has ushered through major telecom and media mergers after only locking down concessions on diversity, hiring and news coverage.
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August 18, 2025
Catching Up With Delaware's Chancery Court
Executives and board members of Cencora Corp. tentatively settled a stockholder derivative suit for $111.25 million, VectoIQ board members reached a $6.3 million deal on stockholder claims over electric carmaker Nikola's prospects, and class attorneys who secured a $50 million derivative suit settlement saw their proposed 25% attorney fee cut by almost half. Here's the latest from the Delaware Chancery Court.
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August 18, 2025
Mexican Bank Sues Treasury Over Opioid Order Death Knell
Mexico-based bank CIBanco has sued the U.S. Department of the Treasury and its criminal enforcement wing for cutting off its access to the U.S. financial system through an order aimed at combating opioid trafficking, arguing it faces an "imminent demise" if it doesn't get the chance to show the regulator's allegations are false.
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August 18, 2025
Tribe, Groups Appeal Oak Flat Land Exchange To 9th Circ.
The San Carlos Apache Tribe and environmental groups have filed a Ninth Circuit appeal looking to overturn an Arizona federal court judge's decision that denied their bid to block the transfer of 2,500 acres to a copper mining company that they say will crater an ancient Indigenous worship site.
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August 18, 2025
Fired DOJ Antitrust Deputy Warns Of Lobbyist Influence
The former top deputy for the U.S. Department of Justice Antitrust Division, Roger P. Alford, defended the agency's leadership Monday while calling out a pair of senior officials and warning of the influence that lobbyists are wielding over merger reviews and other issues.
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August 18, 2025
GrafTech Investors' Plant Contamination Suit Gets Tossed
An Ohio federal judge threw out a shareholder lawsuit against GrafTech International Ltd. on Monday, ruling that allegations the company hid environmental contamination problems at a Mexican plant amounted to "fraud by hindsight."
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August 18, 2025
Ex-Lovesac Execs Stuck With Bulk Of SEC Fraud Suit
The U.S. Securities and Exchange Commission's suit against two former executives of beanbag chair maker Lovesac will move forward after a Connecticut federal judge ruled that the SEC had adequately pled knowledge of wrongdoing by the defendants and the materiality of alleged misstatements.
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August 18, 2025
Texas Investigates Meta Over AI Mental Health Services
The Texas attorney general said his office will investigate Meta AI Studio and Character.AI on allegations they are misleading consumers into thinking their chatbots are mental health tools, according to an announcement issued Monday, which also suggested the companies' activities may violate the state's privacy laws.
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August 18, 2025
$28M ND Pipeline Protest Case Paused Amid Settlement Talks
A federal district court and the Eighth Circuit have paused a $28 million dispute between North Dakota and the United States over failure to control Dakota Access Pipeline protesters after the parties said they were negotiating to settle the case.
Expert Analysis
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Compliance Changes On Deck For Banks Under Texas AI Law
Financial services companies, including banks and fintechs, should evaluate their artificial intelligence usage to prepare for Texas' newly passed law regulating AI governance, noting that the enforcement provisions provide for an affirmative defense to liability, say attorneys at Mitchell Sandler.
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What To Do When Congress And DOJ Both Come Knocking
As recently seen in the news, clients may find themselves facing parallel U.S. Department of Justice and congressional investigations, requiring a comprehensive response that considers the different challenges posed by each, say attorneys at Friedman Kaplan.
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Series
Law School's Missed Lessons: Learning From Failure
While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.
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Tips For Crypto AI Agent Developers Under SEC Watch
With agents powered by artificial intelligence increasingly making decisions in the cryptocurrency world, there's a chance the U.S. Securities and Exchange Commission could use the Investment Advisers Act to regulate this technology in financial services, but there are ways developers can mitigate regulatory risks, say attorneys at Morrison Cohen.
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Trans Bias Suits Will Persist Despite EEOC's Shifting Priorities
In U.S. Equal Employment Opportunity Commission v. Sis-Bro, an Illinois federal court let a transgender worker intervene in a bias suit that the EEOC moved to dismiss, signaling that the agency's pending gender identity-related actions will carry on even as its priorities shift to align with the new administration, say attorneys at Venable.
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Lessons On Parallel Settlements From Vanguard Class Action
A Pennsylvania federal judge’s unexpected denial of a proposed $40 million settlement of an investor class action against Vanguard highlights key factors parties should consider when settlement involves both regulators and civil plaintiffs, say attorneys at Ropes & Gray.
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How Justices' Ruling On NEPA Reviews Is Playing Out
Since the U.S. Supreme Court's May decision in Seven County Infrastructure Coalition v. Eagle County, narrowing the scope of agencies' required reviews under the National Environmental Policy Act, the effects of the ruling are starting to become visible in the actions of lower courts and the agencies themselves, say attorneys at Saul Ewing.
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How The Healthline Privacy Settlement Redefines Ad Tech Use
The Healthline settlement is the first time California has drawn a clear line in the sand around how website tracking must function in practice, so if your site uses tracking technologies, especially around sensitive content like health or finance, regulators are inspecting your website's back end, not just its banner, say attorneys at Baker Donelson.
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How Sweeping Budget Bill Shakes Up Health Industry
With the recently passed One Big Beautiful Bill Act marking one of the most significant overhauls of federal health policy since the passage of the Affordable Care Act, providers, managed care organizations and life sciences companies must now shift focus from policy review to implementation planning, say advisers at Holland & Knight.
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Legal Ops, Compliance Increasingly Vital To Antitrust Strategy
With deal timelines tightening and disclosure requirements intensifying, legal operations and compliance teams are becoming critical drivers of premerger strategy, cross-functional alignment and regulatory credibility, says Alexander Lima at Wesco International.
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What's Next For CFPB After 'Big Beautiful' Funding Cuts
While the One Big Beautiful Bill Act's funding cuts to the Consumer Financial Protection Bureau are unlikely to have an independent effect in the short run, they could exacerbate the existing issue of wide regulatory fluctuations in successive administrations in the longer run, say attorneys at Covington.
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Series
Adapting To Private Practice: From ATF Director To BigLaw
As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.
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What To Know As SEC Looks To Expand Private Fund Access
As the U.S. Securities and Exchange Commission considers expanding retail access to private markets, understanding how these funds operate — and the role of financial intermediaries in guiding investors — is increasingly important, say attorneys at K&L Gates.
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Fla. Law Is Part Of State Trend On Curbing Foreign Influence
A recently effective Florida law that broadly prohibits charities from receiving or soliciting funds from individuals and entities associated with certain foreign countries, the first of its kind in the nation, follows a growing state-level focus on foreign influence regulation, say attorneys at Venable.
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Tips For US Investors Eyeing Middle East Data Centers
While Middle East data center investment presents a compelling opportunity in light of renewed U.S.-Gulf cooperation on artificial intelligence and critical technologies, these projects require a nuanced understanding of regional legal and regulatory regimes, says Haykel Hajjaji at Covington.