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Compliance
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August 20, 2025
Investors Pan FirstEnergy's 'Unprecedented' Discovery Appeal
A group of FirstEnergy Corp. investors is urging the Sixth Circuit not to hear a dispute over their access to internal investigation documents produced in the wake of a $1 billion bribery scandal, saying the documents weren't privileged and that granting the appeal would be "unprecedented."
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August 20, 2025
Honeywell Ex-Worker Appeals 401(k) Forfeiture Suit Toss
A former employee for Honeywell will seek Third Circuit review of a New Jersey federal judge's decision to toss a proposed class action alleging Honeywell violated federal benefits law by putting 401(k) forfeitures toward employer-side contribution obligations instead of defraying administrative expenses.
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August 20, 2025
Yacht Brokerage Fights Judge's Exclusion Reading
A yacht brokerage trade group urged a Florida federal court to reject a magistrate judge's recommendation freeing a professional liability insurer from covering the group in an antitrust class action, arguing that the magistrate judge misinterpreted a "standard setting" exclusion.
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August 20, 2025
DC Circ. Upholds Crow Tribe Water Rights Suit Dismissal
A D.C. Circuit Court panel won't overturn a decision dismissing a suit that looked to nullify a Montana water rights settlement, saying a 2010 law ratifying the agreement doesn't specify which tribal member can greenlight a deadline extension for publication of the agreement's statement of findings.
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August 20, 2025
Split 9th Circ. Rejects Retrial Of SF Gang Members
The Ninth Circuit on Wednesday affirmed the life sentences of two San Francisco gang members for committing a murder at a 2019 funeral, finding that the district court correctly refused to bifurcate their trial since legal precedent prohibited it.
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August 20, 2025
Twitter Shareholders Say Musk Can't Hide Behind Attys
Twitter shareholders have asked a New York federal judge to force Elon Musk to either hand over discussions he had with his attorneys prior to his pre-acquisition purchase of Twitter shares or to declare that he does not plan to use the advice of counsel defense, saying Musk cannot use his attorneys as both "a sword and a shield."
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August 20, 2025
Texas AG Threatens Suit Over Orgs. Mailing Abortion Pills
Texas Attorney General Ken Paxton has sent cease-and-desist letters to three organizations he's accused of shipping abortion drugs to women in the state in violation of state and federal laws.
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August 20, 2025
Google To Pay $35M For Australian Search Antitrust Violations
Google has agreed to pay $55 million to settle antitrust claims brought by Australia's competition regulator over deals to preinstall its search engine on Australian phones.
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August 20, 2025
Receiver Shielded In Senior Home Shutdown, 1st Circ. Says
A court-appointed receiver for a Massachusetts assisted living facility is shielded by quasi-judicial immunity from claims that it orchestrated a "resident dumping" scheme, the First Circuit said Tuesday, reversing a lower court's decision.
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August 20, 2025
Crypto Groups Resist Banks' Stablecoin 'Loophole' Claims
Cryptocurrency groups have told U.S. Senate lawmakers that banking industry groups are attempting to relitigate issues put to rest with a recently enacted federal law to regulate stablecoins, arguing that the banking groups' proposals to use separate, pending legislation to close alleged "loopholes" would disadvantage the crypto sector.
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August 20, 2025
Ark. Woman Gets Probation After Looting Native Burial Site
An Arkansas woman was sentenced to four years of probation after the U.S. Department of Justice said she excavated a Native American archeological site in the Ozark Mountains and took human remains and Indigenous artifacts.
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August 20, 2025
2nd Circ. Says Section 230 Can't Block EPA Defeat Device Suit
The Second Circuit on Wednesday said makers of software that allegedly enables vehicles to bypass pollution controls can't use a Communications Decency Act provision intended to protect companies from third-party use of their products to dodge a federal lawsuit.
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August 20, 2025
Boeing Eyes Exit From Retooled 737 Max Securities Fraud Suit
Boeing told an Illinois federal judge that equity funds cannot stuff their amended securities fraud lawsuit with vague and overblown allegations the American aerospace giant defrauded investors by downplaying the 737 Max jets' safety flaws after two deadly crashes in 2018 and 2019.
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August 20, 2025
Chemours Says Injunction Appeal Warrants Stay Of CWA Suit
Chemours urged a federal judge to pause a Clean Water Act suit while it appeals a preliminary injunction ordering it to stop its Washington Works plant from discharging excessive amounts of a "forever chemical" into the Ohio River.
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August 20, 2025
5th Circ. Won't Stick BP, Chevron With $11M Well Cleanup Bill
A Fifth Circuit panel has affirmed a lower court decision dismissing a surety company's lawsuit claiming BP and Chevron need to pony up $11 million to pay for offshore decommissioning costs, saying the insurer wasn't entitled to be reimbursed.
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August 20, 2025
FCC Denies Carrier's Bid To Avoid Rural Fund Clawback
The Federal Communications Commission denied a Midwest broadband provider's request to waive a $24 million penalty for defaulting on its Rural Digital Opportunity Fund commitments, saying the company's due diligence was inadequate when it decided to pursue fund money for buildouts in areas that were already served by others.
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August 20, 2025
Property Manager Settles With Mass. AG Over Data Breaches
One of the largest property management firms in Massachusetts will pay $795,000 to settle allegations by the state attorney general's office that it failed to prevent or address a series of five data breaches between 2019 and 2021.
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August 20, 2025
9th Circ. Axes Navajo Man's Confession Over Missing Woman
A split Ninth Circuit panel has ruled that a Navajo man in Arizona can suppress a statement he made to law enforcement about assaulting a missing woman after ruling that officers violated his right to remain silent by luring him back into questioning.
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August 20, 2025
Mich. Legislature Mulls Reinstating Premises Liability Defense
Michigan state lawmakers heard testimony on Wednesday on a bill that would bring back a defense to slip-and-fall claims that the Michigan Supreme Court recently scrapped, as business groups said insurance premiums and litigation costs have risen in the wake of the high court ruling.
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August 20, 2025
Insurers Say Gov't Misusing FCA To Get Medicare Cost Cap
Insurers accused of paying brokers to steer customers to their Medicare Advantage plans asked a Massachusetts federal judge to dismiss a False Claims Act lawsuit, saying the government is mischaracterizing legal payments for marketing as kickbacks in an attempt to impose caps it has thus far been unable to obtain.
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August 20, 2025
Trump Says Fed's Cook 'Must Resign' Amid Loan Fraud Claim
President Donald Trump's Federal Housing Finance Agency chief on Wednesday accused Federal Reserve Gov. Lisa Cook of potential mortgage fraud and said he has referred the matter to federal prosecutors, prompting Trump to call for Cook's immediate resignation — a call she has rejected.
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August 20, 2025
CVS PBM Overbilling Judgment Trebled To $289M
A Pennsylvania federal judge has increased threefold a judgment against CVS Caremark from $95 million to $289 million for overbilling Medicare Part D-sponsored drugs.
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August 19, 2025
ÃÛÌÒÊÓÆµ Ends 'Biased' Investigation Of Gun-Financing Fintech
Credova, a fintech firm specializing in buy-now, pay-later financing for firearms and outdoor recreational goods purchases, is no longer facing what the Consumer Financial Protection Bureau now says was a "politically motivated" investigation on its part, the firm's parent company announced Tuesday.
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August 19, 2025
Another Suit Says Roblox Didn't Protect Child From Predator
The mother of a 10-year-old girl has hit Roblox Corp. with a lawsuit joining the many that accuse the popular gaming platform of putting children in danger, claiming that a man the girl met on the company's app groomed her until she shared sexually explicit images of herself with him.
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August 19, 2025
USDOT Flags States' Lapses In Deadly Fla. Truck Crash Probe
The U.S. Department of Transportation on Tuesday called out three states' apparent failures in enforcing licensing standards for commercial truck drivers following last week's deadly highway crash in Florida that left three people dead and instantly became a flash point for the Trump administration's hard-line immigration policies.
Expert Analysis
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The Road Ahead For Digital Assets Looks Promising
With new legislation expected to accelerate the adoption of blockchain technology, and with regulators taking a markedly more permissive approach to digital assets, the convergence of traditional finance and decentralized finance is closer than ever, say attorneys at Dechert.
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Opinion
Closing The Chemical Safety Board Is A Mistake
The U.S. Chemical Safety and Hazard Investigation Board, which investigates the root causes of major chemical incidents, provides an essential component of worker and community safety and should not be defunded, says Reuben Guttman at Guttman Buschner.
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A Look At NAIC's Proposed Tool For Evaluation Of Insurer AI
The National Association of Insurance Commissioners' recently proposed tool that would enable regulators to assess risks posed by insurers' use of artificial intelligence takes a more expansive approach than the organization's 2023 model bulletin, which focused primarily on consumer risks, say attorneys at Eversheds.
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How Securities Defendants Might Use New Wire Fraud Ruling
Though the Second Circuit’s recent U.S. v. Chastain decision — vacating the conviction of an ex-OpenSea staffer — involved the wire fraud statute, insider trading defendants might attempt to import the ruling’s reasoning into the securities realm, says Jonathan Richman at Brown Rudnick.
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Cos. Must Tailor Due Diligence As Trafficking Risks Increase
As legislators, prosecutors and plaintiffs attorneys increasingly focus on labor and sex trafficking throughout the U.S., companies must tailor their due diligence strategies to protect against forced labor trafficking risks in their supply chains, say attorneys at Steptoe.
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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.