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Compliance
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May 20, 2025
EEOC Annual Worker Data Bid Opens With Diversity Warning
The U.S. Equal Employment Opportunity Commission's annual workplace demographic data collection window opened Tuesday with a warning from the EEOC's acting chair that employers can't act on protected characteristics like race and sex to try to enhance diversity.
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May 19, 2025
DC Circ. Ponders Letting Gov't Claw Back $20B In Green Funds
The D.C. Circuit didn't seem convinced Monday morning that the Trump administration can't claw back $20 billion in U.S. Environmental Protection Agency grants that it's trying to cancel and divert elsewhere, hearing arguments over a preliminary injunction blocking the government from doing just that.
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May 19, 2025
Senate Advances Stablecoin Bill After Dem Backers Return
The U.S. Senate's proposal to regulate stablecoins is headed to the floor after lawmakers voted to close debate on the bill Monday evening, clearing a procedural hurdle after first stumbling earlier this month when Democrats pulled support to pursue further negotiations.
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May 19, 2025
Feds To Use FCA To Go After Antisemitism, DEI Policies
The U.S. Department of Justice announced Monday that it will use the False Claims Act to go after any recipients of federal funds that the agency determines promote diversity, equity and inclusion policies, and allow antisemitism to thrive.
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May 19, 2025
House Urged To Ax Proposed 10-Year Ban On State AI Laws
More than 140 civil rights and consumer advocacy groups on Monday became the latest to oppose a sweeping provision in the U.S. House of Representatives' budget proposal that would place a 10-year moratorium on states enacting or enforcing laws to regulate emerging artificial intelligence systems, joining a bipartisan coalition of state enforcers that issued a similar call last week.
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May 19, 2025
Vanguard $40M Deal Rejected In Investors' Tax Fight
A Pennsylvania federal judge on Monday rejected a $40 million proposed settlement between Vanguard and investors, blocking the investors' attorneys from netting $13 million in fees and embracing the objections of one investor who called out the deal — meant to compensate for surprise tax bills — as worthless.Â
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May 19, 2025
Diamond Dealer Sentenced In $13M Fla. Fraud Case
A Florida federal judge sentenced a Pennsylvania man to more than six years in prison after he admitted to defrauding more than 100 victims out of $13 million in connection with a diamond investment Ponzi scheme.
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May 19, 2025
Carrier's Kidde-Fenwal Ch. 11 Deal Barred By Purdue, AGs Say
Connecticut and other states Monday objected to Carrier Global Corp.'s proposed $540 million deal releasing it from "forever chemicals" litigation liability through its ownership of bankrupt firefighting foam manufacturer Kidde-Fenwal Inc., saying the U.S. Supreme Court shot down a similar deal in drugmaker Purdue Pharma LP's bankruptcy case.
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May 19, 2025
Trump Admin Fights Bid To Block OPM From Helping DOGE
A trio of unions can't substantiate their claims that the U.S. Office of Personnel Management is inappropriately disclosing sensitive data to the Department of Government Efficiency, the Trump administration has told a New York federal judge, asking her to toss the unions' injunction request.
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May 19, 2025
SEC's 'Shadow Trading' Win Should Be Tossed, 9th Circ. Told
An ex-Medivation Inc. executive found liable in the U.S. Securities and Exchange Commission's first-ever "shadow trading" case has asked the Ninth Circuit to overturn the verdict, arguing that his company's policies should have kept the matter from going to a jury in the first place.
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May 19, 2025
Interior Dept. Lifts Freeze On Empire Wind Project
The U.S. Department of the Interior has lifted its stop-work order, allowing construction to resume on the Empire Wind offshore wind energy project south of New York's Long Island, according to an announcement made Monday.
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May 19, 2025
Wells Fargo's 9th Circ. Cert. Challenge Gains SIFMA Backing
A top securities industry group has voiced its support of Wells Fargo's appeal of class certification in an investor dispute alleging the bank conducted "sham" interviews to meet diversity quotas, which harmed the bank's stock price when the truth came to light.
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May 19, 2025
Comscore Accused Of Monopoly Over Movie Box Office Data
Media analytics giant Comscore Inc. wields a monopoly over U.S. theatrical box office data and has used it to squeeze out a company that provides competing software for film distribution planning and booking, according to a new antitrust suit filed Monday in California federal court.
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May 19, 2025
Ga. Judge Trims Delta's IT Outage Suit Against CrowdStrike
A Georgia state court judge has trimmed Delta Air Lines' lawsuit seeking to recover from cybersecurity firm CrowdStrike some $500 million in alleged out-of-pocket losses stemming from the July 2024 catastrophic global IT outage.
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May 19, 2025
Terror Claimants Get OK To Serve Ex-Binance CEO's Counsel
A group of claimants suing Binance for allegedly abetting terrorist attacks have won permission to serve the cryptocurrency exchange's former CEO through his domestic counsel, after a New York federal judge found Friday that the plaintiffs had tried, unsuccessfully, to find his address in the United Arab Emirates.
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May 19, 2025
DuPont And Garden State Clash In PFAS Trial Opener
New Jersey and E.I. du Pont de Nemours were at odds on Monday in federal court over the risks and cleanup of "forever chemical" contamination at a Salem County manufacturing facility, with the state claiming it was intentionally misled and DuPont arguing the state is changing the rules.
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May 19, 2025
FCC's Carr Claims Victory Versus DEI In Verizon-Frontier OK
Verizon took a leap toward closing its $20 billion bid for Frontier Communications by gaining the Federal Communications Commission's approval after ditching its diversity, equity and inclusion programs at the behest of FCC Chair Brendan Carr.
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May 19, 2025
Apple's Refusal To Put Fortnite On App Store Prompts Hearing
A California federal judge issued an order Monday requiring Apple to show why she should not find that the company has violated her recent injunction requiring changes to its App Store policies, after Epic Games complained that the tech giant is refusing to put Fortnite back on its U.S. online storefront.
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May 19, 2025
5th Circ. Tosses FCC Workplace Diversity Reporting Rule
The Fifth Circuit on Monday threw out a Federal Communications Commission rule that required TV and radio broadcasters to disclose employment diversity data to the FCC.
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May 19, 2025
Feds Get Early Win In Drugmakers' Suit Over 340B Rebates
A D.C. federal judge awarded an early win to the U.S. Department of Health and Human Services on Friday on claims it illegally blocked drugmakers' efforts to implement rebates instead of discounts in a decades-old drug pricing program, finding the agency has the authority to pre-approve the price reduction models.
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May 19, 2025
FCC Examines Revisions To Alaska Broadband Measurements
The Federal Communications Commission is seeking input on a proposal to change how final milestone commitments are evaluated for the so-called Alaska Plan, with a telecom in Alaska suggesting the commission's "Fabric" dataset offers a more accurate representation of where people actually live within census blocks than the current distribution model does.
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May 19, 2025
21 AGs Join Fight To Keep DHS Oversight Offices Open
A group of 21 attorneys general joined nonprofits Friday in urging a D.C. federal judge to force the Trump administration to reopen offices that oversee various U.S. Department of Homeland Security programs and investigate related civil rights claims, arguing that the DHS' abrupt closure of the offices could have devastating consequences.
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May 19, 2025
SEC's 'New Day' Could Cause Financial Crisis, Member Warns
U.S. Securities and Exchange Commission Chair Paul Atkins on Monday promised a "new day" for the agency that could bring a host of changes around private fund investments, cryptocurrency and the collection of market data, but the commission's sole Democrat warned that new leadership was playing a "dangerous game" that could lead to a 2008-style financial crisis.
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May 19, 2025
Spirits Maker Haunted By Inventory Woes, Investor Suit Says
The top brass of alcoholic beverage company MGP Ingredients Inc. has been hit with a shareholder derivative suit alleging they misled investors about how well the company was managing its inventory levels, only to reveal that excess inventory following the height of the COVID-19 pandemic was impacting the business.Â
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May 19, 2025
Ex-Workers Want Mercer Global's Info Theft Suit Tossed
Two former employees and their new company have asked a Georgia federal court to dismiss wealth management firm Mercer Global Advisors' lawsuit accusing them of stealing confidential information to unlawfully solicit clients and transfer $90 million to their new business.
Expert Analysis
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AT&T Decision May Establish Framework To Block FCC Fines
The Fifth Circuit's recent decision in AT&T v. FCC upends the commission's authority to impose certain civil penalties, reinforcing constitutional safeguards against administrative overreach, and opening avenues for telecommunications and technology providers to challenge forfeiture orders, say attorneys at HWG.
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Reassessing Corporate Separateness After Explosion Of LLCs
Following the dramatic increase of limited liability companies in the U.S., the Corporate Transparency Act's enactment and the Trump administration's subsequent narrowing of that law, it's worth revisiting the underlying legal principles that govern shell companies in order to remedy the problems that initially motivated the CTA, says Jeff Newton at Omni Bridgeway.
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What Banks Should Note As Regulators Plan To Nix CRA Rule
While federal bank regulators’ recently announced intent to rescind a Biden-era Community Reinvestment Act final rule will loosen the framework for evaluating banks’ lending, service and investing activities, the decision means industry innovations and changes will remain unaddressed, say attorneys at Alston & Bird.
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Fines Against Apple, Meta Set Digital Markets Act Precedent
The European Commission's recent fines against Apple and Meta, the first under the Digital Markets Act, send a clear message that the act's reach and influence on regulatory thinking is global, say lawyers at Waterfront Law.
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Addressing PFAS Risks In Public Company Disclosures
As individual lawsuits and class actions over PFAS risks spanning multiple sectors and products increase, and rapidly evolving and often unclear regulatory initiatives on both the federal and state levels proliferate, it's more important than ever for companies to know how and when to complete PFAS-related disclosures, say attorneys at Venable.
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Takeaways From DOJ's Latest FCA Customs Fraud Intervention
The U.S. Department of Justice's recent intervention in a case alleging customs-related reverse False Claims Act fraud underlines the government’s increased scrutiny of, and importers’ corresponding exposure from, information related to product classification, country of origin and pricing, say attorneys at Bass Berry.
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4 Trends Responsible For Declining FLSA Filings
In 2024, the number of Fair Labor Standards Act claims filed in federal courts continued to decrease, reflecting a steady decline in federal FLSA filings since 2015 due to a few trends, including increased compliance and presuit resolution, say attorneys at Seyfarth.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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ÃÛÌÒÊÓÆµ Vacatur Bid Sheds Light On Agency Decision-Making
While the ÃÛÌÒÊÓÆµ's joint motion to vacate the settlement it reached with Townstone Financial last year won't affect precedent on the Equal Credit Opportunity Act's scope, it serves as a road map to ÃÛÌÒÊÓÆµ decisional processes and provides insight into how other regulators make similar decisions, says Jason McElroy at Saul Ewing.
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4 Legislative Proposals Reflect Growing Scrutiny Of Pharma IP
Bipartisan legislative momentum in Congress, including a recent package of bills targeting exclusivity strategies that delay generic and biosimilar competition, signals growing scrutiny of life sciences intellectual property strategies, so biologics companies and investors must pay attention to new strategic, compliance and litigation risks, says Olga Berson at Thompson Coburn.
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The Potential Efficiencies, Risks Of Folding PCAOB Into SEC
Integrating the Public Company Accounting Oversight Board into the U.S. Securities and Exchange Commission offers the potential for regulatory efficiencies, as well as a more streamlined and consistent enforcement approach, but it also presents constitutional and operational uncertainties, say attorneys at Hilgers Graben.
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What To Watch For As High Court Mulls NRC's Powers
If successful, Texas’ challenges to the U.S. Nuclear Regulatory Commission’s authority — recently heard by the U.S. Supreme Court and currently pending before a Texas federal court — may have serious adverse consequences for aspiring NRC licensees, including potential nuclear power plant operators, say attorneys at Haynes Boone.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Reviewing Trump Admin's Rapid Pro-Crypto Regulatory Pivot
The digital asset industry has received a boost from the explicitly pro-crypto Trump administration, which in its first few months reversed Biden-era rules and installed industry proponents at regulatory agencies, marking one of the biggest regulatory about-faces by a government in recent memory, says Robert Appleton at Olshan Frome.