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Compliance
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September 18, 2025
Microsoft Whistleblower Suit Can Proceed, Judge Says
A former Microsoft worker can keep pursuing his federal whistleblower claim in his suit accusing the company of firing him for flagging compliance issues and misconduct, a Texas federal court ruled in its order determining the employee's alleged failure to utilize administrative proceedings does not bar him from bringing the claims.
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September 18, 2025
Wells Fargo To Pay $48.5M To End Senior Banker OT Suit
A proposed class of Wells Fargo employees known as "senior premier bankers" asked a California federal judge to give the first OK to a $48.5 million settlement resolving claims that the bank wrongfully exempted thousands of such workers from receiving overtime pay.
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September 18, 2025
EPA Will Maintain Hazardous Designations For PFOA, PFOS
The U.S. Environmental Protection Agency has said it will defend the Biden administration's decision to list two common forever chemicals as hazardous substances under the federal Superfund law
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September 18, 2025
Conn. Banking Chief Orders $4.9M Restitution In School Fraud
Connecticut's banking commissioner has ordered two companies connected to Putnam Science Academy, a private high school in northeastern Connecticut, and two of its leaders to repay investors more than $4.9 million for allegedly perpetrating an affinity fraud scheme.
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September 18, 2025
Felon Gun Ban Circuit Split Could Set Up High Court Review
A growing divide among federal appellate courts on how a gun ban for felons fits within the U.S. Supreme Court's 2022 expansion of individuals' right to carry firearms in public could force the high court to revisit the Second Amendment.
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September 18, 2025
DOJ's Slater Says Google Search Fixes Set AI 'Foundation'
The head of the Justice Department Antitrust Division left the door open Thursday to appealing a D.C. federal judge's rejection of the government's most sweeping remedies proposals targeting Google's search monopoly, even as she used New York City remarks to tout the fixes the government did manage to win.
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September 18, 2025
Trading Adviser, Convicted Owner Hit With $2.8M CFTC Fine
A commodity trading adviser and pool operator who pled guilty in Florida federal court to orchestrating a novel cryptocurrency-related scheme to cheat investors has agreed to pay more than $2.8 million as part of a settlement with the Commodity Futures Trading Commission.
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September 18, 2025
Senate Confirms Trump's Pick To Lead DOL Benefits Arm
The Senate confirmed fiduciary liability insurance expert Daniel Aronowitz on Thursday to lead the U.S. Department of Labor's employee benefits division, which oversees regulation and enforcement of employer-provided health and retirement plans.
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September 18, 2025
Gov't OKs 430% Duties For 2 Chinese Wood Floor Exporters
The U.S. Department of Commerce announced final countervailing duty rates for several Chinese wood floor exporters Thursday, indicating two companies will face over 430% rates for their noncooperation with the government's administrative review.
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September 18, 2025
OpenAI Faces Liability Test In Suit Over ChatGPT Suicide
A wrongful death suit accusing OpenAI's artificial intelligence tool ChatGPT of aiding a teenager's suicide is set to be a high-stakes test of the responsibilities that AI firms will have toward vulnerable users, particularly minors exhibiting signs of mental distress, attorneys said.
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September 18, 2025
Dallas Fed Settles Former Employee's Race Bias Case
The Federal Reserve Bank of Dallas resolved an Indian ex-employee's lawsuit alleging he was let go for complaining to management that he and other employees of color received unfairly poor performance ratings from a white supervisor, according to a Thursday filing in Texas federal court.
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September 18, 2025
11th Circ. Appears Poised To Back MetLife Benefits Denial
The Eleventh Circuit seemed unpersuaded Thursday by a push to overturn MetLife's denial of death benefits to a worker who died days after she broke her leg and ankle exiting a vehicle, with judges zeroing in on plan language that barred coverage when contributing illnesses were involved.
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September 18, 2025
Nelson Mullins Adds Jones Day Corporate Pro In Atlanta
Nelson Mullins Riley & Scarborough LLP has brought a Jones Day partner into its Atlanta office, bolstering its corporate practice with an attorney with experience in C-suite roles and as general counsel for companies, the firm said Thursday.
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September 18, 2025
5th Circ. Won't Rehear Crypto Exec's IRS Summons Case
The Fifth Circuit stood by its decision not to quash an IRS summons for a cryptocurrency executive's bank records, rejecting his request to reconsider its finding that he must wait until the federal government decides whether to bring legal proceedings against him before challenging a lower court's ruling.
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September 18, 2025
Valitic Soap Is Unapproved Drug, Class Of Buyers Claims
A proposed class of soap buyers is suing the maker of Valitic soap in New York federal court, alleging that it is an illegal drug as it claims to be able to treat dark spots, acne and other skin conditions without U.S. Food and Drug Administration approval.
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September 18, 2025
Trump Asks High Court To Let Him Remove Fed's Cook
President Donald Trump asked the U.S. Supreme Court on Thursday to allow him to move forward with firing Federal Reserve Gov. Lisa Cook, escalating a fight over presidential removal power that will test the boundaries of the central bank's traditional independence.
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September 17, 2025
Litigation Spending To Keep Growing As Biz Risks Run High
Companies are likely to increase their spending on litigation next year, some by over 10%, as legal disputes become more complex, more contentious and more high-stakes, according to a new report out Thursday.
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September 17, 2025
Trump Could Swing Fed With This 1 Weird Trick: Ex-Fed Gov.
A former top Federal Reserve official told Democratic lawmakers on Wednesday that if President Donald Trump succeeds in quickly ousting Fed Gov. Lisa Cook, it could unlock an obscure mechanism for his allies at the Fed to sway future interest-rate decisions.
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September 17, 2025
Winston & Strawn Blamed For 'Anti-Woke' Fintech $1.7B Crash
The trustee of bankrupt "anti-woke" financial technology startup GloriFi on Wednesday launched malpractice litigation against Winston & Strawn LLP in Texas bankruptcy court, accusing the firm and one of its managing partners of putting the interests of the company's founder first and costing the business $1.7 billion in valuation.
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September 17, 2025
J&J Whistleblowers Defend $1.6B False Claims Act Win
Whistleblowers filed a brief Wednesday in the Third Circuit in a closely watched False Claims Act appeal involving a $1.6 billion judgment against Johnson & Johnson unit Janssen as well as the constitutionality of the FCA's "qui tam" whistleblower provisions, arguing that the act's lawfulness has been settled by its "unbroken 162-year history."
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September 17, 2025
3rd Circ. Urged To Revive NJ Casino Antitrust Pricing Suit
Algorithmic collusion by Atlantic City casino hotels, as alleged by their customers, poses a grave threat to consumers as the hotels use software to get around a century's worth of antitrust precedent, an attorney for the American Antitrust Institute told the Third Circuit on Wednesday, urging the court to revive an antitrust suit.
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September 17, 2025
Crypto Exec Cops To $200M Bitcoin Ponzi Scheme
The chief executive officer of a cryptocurrency trading company pled guilty on Tuesday in Virginia federal court to a $200 million Ponzi scheme that federal prosecutors said defrauded more than 90,000 investors worldwide and allowed the executive to buy luxury vehicles, clothing and homes worth several million dollars.
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September 17, 2025
9th Circ. Judge Hints At Upholding Seattle Housing Ordinance
A Ninth Circuit judge suggested on Wednesday that a waiver provision written into a Seattle affordable housing policy is enough to "save" the ordinance from a homeowner's constitutional claim that it kept her from realizing her property's full value by adding townhomes.
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September 17, 2025
Crypto Exchange Bullish Gets BitLicense From NY Regulator
Venture-backed crypto exchange Bullish announced Wednesday that it has obtained a so-called BitLicense from the New York State Department of Financial Services, allowing it to offer crypto spot trading and custody to institutions and sophisticated investors in the state.
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September 17, 2025
5th Circ. Says Genesis Not Indemnified In Platform Injury Suit
The Fifth Circuit on Tuesday affirmed that Danos LLC is not required to indemnify Genesis Energy in the defense of a suit by a worker who fell during an oil platform repair, finding the contract between the companies is not covered by maritime law.
Expert Analysis
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Navigating The Risks Of Employee-Influencers, Side Gigs
Though companies may be embracing employee-influencer roles, this growing trend — along with an increase in gig employment — presents compliance risks, particularly around employee classification, compensation and workplace policies, as the line between work, influence and outside employment becomes increasingly blurred, say attorneys at Squire Patton.
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Assessing Potential Ad Tech Remedies Ahead Of Google Trial
The Virginia federal judge tasked with prying open Google’s digital advertising monopoly faces a smorgasbord of potential remedies, all with different implications for competition, government control and consumers' internet experience, but compromises reached in the parallel Google search monopoly litigation may point a way forward, say attorneys at MoloLamken.
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Earned Wage Access Providers Face State Law Labyrinth
At least 12 states have established laws or rules regulating services that allow employees to access earned wages before payday, with more laws potentially to follow suit, creating an evolving state licensing maze even for fintech providers that partner with banks, say attorneys at Venable.
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Sales And Use Tax Strategies For Renewables After OBBBA
With the One Big Beautiful Bill Act sharply curtailing federal tax incentives for solar and wind projects, it is vital for developers to carefully manage state and local sales and use tax exposures through early planning and careful contract structuring, say advisers at KPMG.
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9th Circ. Ruling Leaves SEC Gag Rule Open To Future Attacks
Though the Ninth Circuit's recent ruling in Powell v. U.S. Securities and Exchange Commission leaves the SEC's no-admit, no-deny rule intact, it could provide some fodder for litigants who wish to criticize the commission's activities either before or after settling with the commission, says Jonathan Richman at Brown Rudnick.
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Series
Writing Musicals Makes Me A Better Lawyer
My experiences with writing musicals and practicing law have shown that the building blocks for both endeavors are one and the same, because drama is necessary for the law to exist, says Addison O’Donnell at LOIS Law.
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How Fashion, Tech Can Maximize New Small Biz Tax Breaks
Fashion and technology companies, which invest heavily in innovation, should consider taking advantage of provisions in the One Big Beautiful Bill Act that favor small businesses, restructuing if necessary to become eligible for expanded research and experimental expenditure credits and qualified small business stock incentives, says Aime Salazar at Olshan Frome.
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Steps To Take As States Expand Foreign-Influence Bans
As efforts to curb foreign-influenced corporate political spending continue, companies should be aware of the nuances of related laws and layer an additional analysis when assessing legality of foreign engagement, say attorneys at Steptoe.
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Genius Act Poses Strategic Hurdles For Community Banks
The pace of change in digital asset policy, including the recent arrival of the Genius Act, suggests that strategic planning should be a near-term priority for community banks, with careful attention to customer relationships, regulatory developments and the local communities they serve, say attorneys at Jones Walker.
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Series
Adapting To Private Practice: From Va. AUSA To Mid-Law
Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.
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Transmission Security Has A Critical Role In Healthcare
In light of the U.S. Department of Health and Human Services' Office of Civil Rights' continuing enforcement initiative focusing on businesses' accurate and thorough security risk assessments under the Health Insurance Portability and Accountability Act, covered entities should not neglect the importance of transmission security, says John Howard at Clark Hill.
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Considerations For Cos. Amid Wave Of CFPB Vacatur Bids
As some entities look to vacate prior voluntary agreements with the Consumer Financial Protection Bureau, there are several considerations companies should take into account before seeking to vacate their settlements in the current legal and regulatory environment, says Jasmine Jean-Louis at Goodwin.
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How 5th Circ.'s NLRB Ruling May Reshape Federal Labor Law
The Fifth Circuit's recent SpaceX National Labor Relations Board decision undermines the agency's authority, but it does not immediately shut down NLRB enforcement, so employers and labor organizations should expect more litigation, more uncertainty and a possible U.S. Supreme Court showdown, say attorneys at Goldberg Segalla.
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7 Document Review Concepts New Attorneys Need To Know
For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.
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Reports Of Chemical Safety Board's Demise Are Premature
Despite the Trump administration's proposal to close down the U.S. Chemical Safety and Hazard Investigation Board, companies should note that the agency recently enforced its accidental release reporting rule for the first time, is conducting ongoing investigations and expects more funding from Congress, say attorneys at Conn Maciel.