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Compliance
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August 26, 2025
Doctors Press 5th Circ. To Reverse Surprise Billing Ruling
Three physician trade associations urged the full Fifth Circuit to reverse a panel's ruling on how qualifying payments are calculated under the No Surprises Act, writing that the current decision harms underserved communities by narrowing provider networks.
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August 26, 2025
HPE's Trump-Tied Lobbyists Cast 'Pall' Over Merger Review
The firing of two senior officials in the U.S. Department of Justice's Antitrust Division who complained after being forced to accept a merger clearance settlement has caused many practitioners to question whether the traditional separation between competition enforcement and other White House priorities is a thing of the past.
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August 26, 2025
Brewer Can't Challenge Home Distilling Ban, US Tells 6th Circ.
A brewery owner who wants to make his own whiskey can't bring a suit challenging the tax code's prohibition on home distilleries because he hasn't shown that he's likely to start making spirits or that the government would come knocking if he does, the U.S. Treasury Department told the Sixth Circuit.
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August 26, 2025
FERC Urged To Ignore Ill. Grid Project Policy Fight
The Federal Energy Regulatory Commission has been told that it shouldn't second-guess Illinois lawmakers and courts to declare that incumbent utilities in the state have a right of first refusal to build new, regionally planned transmission projects.
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August 26, 2025
CFTC's Last Dem Member Departing Agency
The U.S. Commodity Futures Trading Commission's sole remaining Democrat, Kristin Johnson, announced Tuesday that she will be departing the agency next week, leaving it in the hands of acting Chair Caroline Pham.
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August 26, 2025
Texas AG To Probe Heavy Metals In Baby Foods
The Texas attorney general on Tuesday announced an investigation into leading baby food makers that may have deceptively advertised and sold products containing dangerously high levels of heavy metals, such as arsenic.
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August 26, 2025
Cigna Strikes ERISA Ghost Network Suit Settlement Deal
Cigna Health and Life Insurance Co. has agreed to settle a proposed class action alleging the health plan administrator violated federal benefits law by advertising providers as in-network who were out-of-network to participants in employer-sponsored health benefit plans that Cigna administered, according to filings in Illinois federal court.
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August 26, 2025
1st Circ. Says Insurer Owes No Defense In Eviction Suits
A Liberty Mutual unit has no duty to defend a commercial real estate loan provider in underlying suits over the eviction of residents from a Massachusetts senior care facility, the First Circuit ruled, finding the insurer's denial of coverage to be reasonable.
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August 26, 2025
Wash. Cities Settle Yacht Club's Clean Water Act Suit
Two Washington cities have tentatively settled a yacht club's federal lawsuit claiming the municipalities muddied the waters of its marina by failing to maintain critical stormwater infrastructure and allowing the discharge of silt-laden runoff.
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August 26, 2025
Fed's Lisa Cook Preps Lawsuit Over Trump Firing
Federal Reserve Gov. Lisa Cook is preparing to file a lawsuit over President Donald Trump's announcement that she has been terminated from her position, allegedly for committing mortgage fraud, her lawyer said Tuesday.
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August 26, 2025
Littler Adds Former NLRB Atty, Corporate Counsel In Seattle
Littler Mendelson PC has brought on a former National Labor Relations Board attorney and corporate labor counsel as a shareholder in its Seattle office, the firm announced.
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August 26, 2025
Dick's Sporting Goods Gets $2.4B Foot Locker Deal Cleared
Dick's Sporting Goods Inc. said Tuesday that the waiting period has expired for its planned $2.4 billion purchase of Foot Locker, after it had previously given the Federal Trade Commission additional time to review the deal.
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August 25, 2025
Trump Admin Agrees To Release Frozen Education Funds
The Trump administration has agreed to release to a coalition of states the full balance of some $6.8 billion in congressionally appropriated educational program funding, the parties told a Rhode Island federal judge Monday, a little more than a month after the states challenged the funding freeze.
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August 25, 2025
'Bring Him In': Judge Blasts Google Atty Over Witness Travel
The California federal judge overseeing a multibillion-dollar privacy lawsuit alleging Google illegally collected data from 98 million cellphone users chastised an attorney for the tech giant for allowing a Google employee on the witness list to leave on a trip, ordering the lawyer to "get him on an airplane" and "bring him in."
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August 25, 2025
Fed. Court Can't Halt FDIC Enforcement Order, 5th Circ. Says
The Federal Deposit Insurance Corp. can move forward with in-house enforcement proceedings against a former bank CEO, the Fifth Circuit ruled Monday, finding that a Texas district court did not have jurisdiction to block the agency from issuing a final decision over the bank executive's constitutional claims.
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August 25, 2025
FTC Says 'Conversational AI' Company Misled Small Businesses
The U.S. Federal Trade Commission on Monday accused artificial intelligence company Air AI Technologies of making deceptive claims about what businesses and entrepreneurs could achieve with its "conversational AI" tool, according to a suit filed in Arizona federal court.
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August 25, 2025
DOJ Antitrust Whistleblowers May Find Ally At The Post Office
The U.S. Department of Justice's new whistleblower program brings the Antitrust Division in line with other programs across the DOJ and at other agencies, although it may have a particularly broad scope thanks to a unique partnership with the U.S. Postal Service.
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August 25, 2025
California Tribe Looks To Undo Casino Union Arbitration Order
A California federal judge should nix an arbitrator's finding that a labor agreement, rather than tribal law, governs unionization at a Native American casino, the Wilton Rancheria tribe argued in a new lawsuit.
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August 25, 2025
Healthcare Co. Investors Sue Over Contractor's Alleged Fraud
Healthcare facility management company Nutex Health Inc. has been hit with a proposed shareholder class action alleging it concealed that its third-party vendor HaloMD was engaged in a scheme to defraud insurance companies, and that the alleged fraud would impact Nutex's balance sheet and subsequently its share price.
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August 25, 2025
SEC Nabs $1.1M Over Alleged Blue Apron Insider Trading
The U.S. Securities and Exchange Commission announced that an Arizona man will pay over $1.1 million to settle claims he traded shares of meal kit company Blue Apron Holdings Inc. on inside information he learned from a family member who was also a senior executive at the company.
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August 25, 2025
Trump Fires Fed's Lisa Cook Over Mortgage Fraud Allegation
President Donald Trump on Monday evening fired Federal Reserve Gov. Lisa Cook over his administration's allegation that she committed mortgage fraud, thrusting the White House into uncharted territory in its campaign to exert control over the central bank.Â
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August 25, 2025
Epic Says Google Ought To Pay Up For Play Store Fight
While Google is busy appealing a ruling mandating that it open up its Play store, Epic Games isn't waiting to ask a California federal judge to order the technology titan to pay the $180 million in legal bills it racked up over the course of the five-year court battle.
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August 25, 2025
Construction Co. Can't Narrow Discovery In OT Dispute
A Michigan federal court on Monday refused to reconsider its decision allowing a worker to conduct classwide discovery in his overtime suit against a construction company, saying that the company could have pointed to a ruling in a similar case earlier.
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August 25, 2025
Ticket Resellers Flag Case Challenging FTC's Bots Probe
Ticket brokers accused by the Federal Trade Commission of bypassing Ticketmaster limits to buy and resell hundreds of thousands of concert tickets, including for the Taylor Swift Eras Tour, have a previously pending case that seeks to block the agency's enforcement action.
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August 25, 2025
Texas Stock Exchange Wants In On Proxy Advisory Lawsuit
The Texas Stock Exchange and Texas Association of Business have moved to intervene in two lawsuits that proxy advisory firms have filed against Texas Attorney General Ken Paxton over a state law restricting the firms, aiming to back up the law known as Senate Bill 2337.
Expert Analysis
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Unpacking The Supreme Court's Views On Judgment Finality
The U.S. Supreme Court's June opinion in BLOM Bank SAL v. Honickman reaffirmed that the bar for reopening a final judgment remains exceptionally high — even when the movant seeks to amend their complaint based on a new legal development, say attorneys at Venable.
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Series
Creating Botanical Art Makes Me A Better Lawyer
Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.
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New Federal Worker Religious Protections Test All Employers
A recent Trump administration memorandum expanding federal employees' religious protections raises tough questions for all employers and signals a larger trend toward significantly expanding religious rights in the workplace, say attorneys at Seyfarth.
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Supreme Court's Criminal Law Decisions: The Term In Review
Though the U.S. Supreme Court’s criminal law decisions in its recently concluded term proved underwhelming by many measures, their opinions revealed trends in how the justices approach criminal cases and offered reminders for practitioners, says Kenneth Notter at MoloLamken.
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Compliance Is A New Competitive Edge For Mortgage Lenders
So far, 2025 has introduced state and federal regulatory turbulence that is pressuring mortgage lenders to reevaluate the balance between competitive and compliant employee and customer recruiting practices, necessitating a compliance recalibration that prioritizes five key strategies, say attorneys at Mitchell Sandler.
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Opinion
Privacy Bill Must Be Amended To Protect Small Businesses
While a bill recently passed by the California Senate would exempt a company's use of legally compliant website advertising and tracking technologies from the California Invasion of Privacy Act, it must be amended to adequately protect small businesses, say attorneys at Thompson Hine.
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Even As States Step Up, They Can't Fully Fill ÃÛÌÒÊÓÆµ's Shoes
The Trump administration's efforts to scale down the Consumer Financial Protection Bureau have prompted calls for state regulators to pick up the slack, but there are also important limitations on states' ability to fill the gap left by a mostly dormant ÃÛÌÒÊÓÆµ, say attorneys at Covington.
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Opinion
The Legal Education Status Quo Is No Longer Tenable
As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.
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The Int'l Compliance View: Everything Everywhere All At Once
Changes to the enforcement landscape in the U.S. and abroad shift the risks and incentives for global compliance programs, creating a race against the clock for companies to deploy investigative resources across worldwide operations, say attorneys at Dentons.
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Unpacking Notable Details From FTC's 'AI Washing' Cases
The Federal Trade Commission has brought many cases involving allegedly deceptive artificial intelligence claims over the past couple of years, illustrating overlooked aspects of AI washing generally and a few new types of AI marketing claims that may line up in regulatory crosshairs down the road, says Michael Atleson at DLA Piper.
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'Pig Butchering' Seizure Is A Milestone In Crypto Crime Fight
The U.S.' recent seizure of $225 million in crypto funds in a massive "pig butchering" scheme highlights the transformative impact of blockchain analysis in law enforcement, and the increasing necessity of collaboration between law enforcement agencies, cryptocurrency exchanges and stablecoin issuers, says David Zaslowsky at Baker McKenzie.
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Justices' Age Verification Ruling May Lead To More State Laws
The U.S. Supreme Court’s recent Free Speech Coalition v. Paxton ruling, permitting a Texas law requiring certain websites to verify users’ ages, significantly expands states' ability to regulate minors’ social media access, further complicating the patchwork of internet privacy laws, say attorneys at Troutman.
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The Pros, Cons Of A Single Commissioner Leading The CFTC
While a single-member U.S. Commodity Futures Trading Commission may require fewer resources and be more efficient, its internal decision-making process would be less transparent to those outside the agency, reflect less compromise between competing viewpoints and provide the public with less predictability, says former CFTC Commissioner Dan Berkovitz.
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E-Discovery Quarterly: Rulings On Relevance Redactions
In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.
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Navigating Administrative Exhaustion In EEOC Charges
Excerpt from
Before responding to a U.S. Equal Employment Opportunity Commission charge, employers should understand the process of exhausting administrative remedies and when it applies, and consider several best practices, such as preserving records and crafting effective position statements, says Matthew Gagnon at Ogletree.