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Compliance
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May 29, 2025
CMS Seeks Hospital Responses On Gender Dysphoria Care
The Centers for Medicare & Medicaid Services is asking hospitals to produce information on gender dysphoria care provided to children and adolescents, noting in an oversight letter that the U.S. government has "serious concerns" surrounding hormone therapy and other gender-affirming medical interventions.
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May 29, 2025
Projects Get Some NEPA Relief, But How Much Is Unknown
The U.S. Supreme Court's decision limiting judicial review of environmental analyses of infrastructure projects, combined with the Trump administration's drive to ease approval processes, may boost developers' optimism — but the extent to which reviews can be narrowed remains unknown.
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May 29, 2025
Investment Firm Says It Was Duped Into $349M Dental Deal
Investment firm TSG8 SDB Group Holdings LP has filed suit in Delaware Superior Court claiming a Texas-based holding company tricked it into pouring $349 million into a specialty dental practices platform based on fake financials and phony growth claims, and hid the business's problems just long enough to cash out.
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May 29, 2025
OPM Memos Push Changes In Federal Hiring Based on 'Merit'
The Office of Personnel Management on Thursday issued two memos outlining plans for hiring federal workers based on merit, following President Donald Trump's executive orders declaring that the federal hiring system focuses too much on anti-discrimination and not enough on employees willing to serve the executive branch.
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May 29, 2025
OPM Injunction Looms For DOGE Chaos, As Court Floats Deal
A Manhattan federal judge hinted she may grant an injunction against the U.S. Office of Personnel Management related to what she called a "rushed, indeed chaotic, grant of access" to sensitive information for agents of the Department of Governmental Efficiency, before urging the government to hammer out a deal with the union plaintiffs.
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May 29, 2025
House Introduces CFTC-Focused Crypto Market Structure Bill
A bipartisan group of House lawmakers introduced a long-awaited proposal to regulate crypto markets on Thursday that would establish a registration path at the U.S. Commodity Futures Trading Commission and codify the boundaries of jurisdiction between commodities and securities regulators.
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May 29, 2025
Ga. BCBS Says Providers Are Gaming Billing Dispute System
Blue Cross Blue Shield of Georgia has accused a healthcare consulting firm and a handful of Peach State providers of systematic abuse of a federal dispute resolution process for surprise medical bills, accusing them of "flooding" the system with bogus dispute claims.
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May 29, 2025
Express Scripts Says Arkansas Can't Ban PBM Pharmacies
Pharmacy benefits manager Express Scripts sued the state of Arkansas in federal court Thursday, alleging that the state's recently enacted law banning PBMs from owning pharmacies in the state violated the U.S. Constitution and ran afoul of federal law governing military employee benefits.
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May 29, 2025
PCAOB Taps New Acting General Counsel
The Public Company Accounting Oversight Board on Thursday announced that Connor Raso has been appointed acting general counsel, following stints in the PCAOB's office of the general counsel and at the U.S. Securities and Exchange Commission.
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May 29, 2025
Baltimore Drops ÃÛÌÒÊÓÆµ Suit Amid Denials Of Defunding Plan
The city of Baltimore on Thursday moved to drop its lawsuit seeking to bar Trump administration officials from stripping unused funds from the Consumer Financial Protection Bureau, calling off the case while preserving the right to refile later.
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May 29, 2025
FTC Seeks To Push Amazon Antitrust Trial To 2027
The Federal Trade Commission and Amazon on Wednesday fought over the agency's proposal to push back an antitrust trial into 2027 to account for the e-commerce giant's alleged efforts to obstruct discovery, with Amazon telling a Washington federal judge that it was the FTC that insisted on a burdensome discovery.
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May 29, 2025
TikTok Can't Duck NY Suit Over Kids' Mental Health
TikTok cannot escape claims brought by the state of New York accusing the social media platform of harming children's mental health, a state court ruled Thursday.
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May 29, 2025
Delaware Justices Asked To Review Corporate Law Rework
A biopharmaceutical company stockholder has sought direct certification of a derivative suit to Delaware's Supreme Court, asking for state constitutional review of legislation approved in March that limits avenues for challenges to some corporate acts.
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May 29, 2025
Restaurant Liable After Fraudster Steals $475K Settlement
A California appeals court has found in a case of first impression that a restaurant is responsible for $475,000 in settlement funds that its attorneys sent to a fraudster impersonating the other party in a personal injury suit, saying it missed a number of red flags in the imposter's correspondence.
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May 29, 2025
DOJ Officially Files To Drop Boeing 737 Max Conspiracy Case
The U.S. Department of Justice on Thursday formally moved to drop its criminal conspiracy case against Boeing over the deadly 737 Max 8 crashes and asked a Texas federal judge to vacate the June 23 trial date, saying a $1.1 billion nonprosecution agreement is a meaningful resolution that holds the company accountable.
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May 29, 2025
Fla. Judge Denies Trainer's Bid To Block Horse Racing Law
A Florida federal judge Thursday denied a horse trainer's bid to block enforcement of a horse racing law in his complaint challenging an anti-doping ban, ruling the trainer failed to show irreparable harm and that issues in his claim asserting a right to a jury trial aren't fully developed.
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May 29, 2025
Tariff Rulings Undercut Trump's Trade Authority, Dealmaking
U.S. trading partners have inadvertently found new leverage in tariff negotiations with the Trump administration after federal courts found several of the president's duties were improperly imposed, raising larger questions about future tariff authorization in the midst of a global trade spat.
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May 29, 2025
JetBlue Fights American's NEA Suit, Pivots To United Deal
JetBlue has told a Texas federal judge that American Airlines' lawsuit seeking to recover $1 million in alleged unpaid payments related to their now-scrapped codeshare agreement covering New York and Boston is preempted by federal law and potentially conflicts with a Massachusetts federal judge's antitrust ruling.
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May 29, 2025
Judge Challenges Visa's Bid To Dismiss DOJ Antitrust Suit
A New York federal judge on Thursday questioned whether Visa Inc. is inappropriately raising factual disputes in its motion to dismiss U.S. Justice Department claims that the company has illegally maintained a monopoly in the market for debit card networks.
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May 29, 2025
Drugstores Say Texas Flouted Rules To Update Pharmacy Regs
The National Association of Chain Drug Stores Inc. told the Texas Supreme Court that updates to statewide policy governing how pharmacies report drug prices flouted Texas rulemaking procedures, telling the state's high court that even if the updates were "good policy" they weren't lawful.
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May 29, 2025
DC Court Blocks Trump's Tariffs As Overreach Of Power
The International Emergency Economic Powers Act does not empower the president to impose tariffs, the D.C. federal district court said Thursday, ruling that President Donald Trump's global levies are unlawful and barring his administration from enforcing them on two toymakers who challenged the policies.
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May 29, 2025
Kids Launch New Climate Case Over Trump Energy Orders
The U.S. government on Thursday was hit with a fresh lawsuit from youths alleging that federal energy policies harm their future by exacerbating climate change, specifically targeting President Donald Trump's executive orders aimed at boosting fossil fuels.
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May 29, 2025
Fed. Circ. Revives Trump Tariffs As It Weighs Appeal
The Federal Circuit temporarily reinstated President Donald Trump's global tariffs Thursday, a day after the U.S. Court of International Trade held that an emergency law did not give the president "unbounded authority" to impose the measures.
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May 29, 2025
Investors Can't Shield $66M Life Policies During State Rehab
Premiums due on unmatured PHL Variable Insurance Co. policies held by three investment companies do not qualify as debts under Connecticut's insurance rehabilitation statute, a state trial court judge has ruled, rejecting the companies' attempts to protect separate matured policies worth $66 million.
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May 29, 2025
SEC Drops Binance Suit In Latest Crypto Reversal
The U.S. Securities and Exchange Commission on Thursday voluntarily ended a lawsuit accusing crypto platform Binance of mishandling customer funds and deceiving regulators, citing the agency's ongoing efforts to change the way it regulates the digital asset industry.
Expert Analysis
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State Tort Claims May Help Deter Bribes During FCPA Pause
As the U.S. pauses Foreign Corrupt Practices Act enforcement, companies that lose business due to competitors' bribery should consider using state tortious interference suits to expose corruption, deter illegal practices and obtain compensation for commercial losses, says Jason Manning at Levy Firestone.
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4 States' Enforcement Actions Illustrate Data Privacy Priorities
Attorneys at Wilson Elser examine recent enforcement actions based on new consumer data privacy laws by regulators in California, Connecticut, Oregon and Texas, centered around key themes, including crackdowns on dark patterns, misuse of sensitive data and failure to honor consumer rights.
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Google Ad Tech Ruling Creates Antitrust Uncertainty
A Virginia federal court’s recent decision in the Justice Department’s ad tech antitrust case against Google includes two unusual aspects in that it narrowly construed U.S. Supreme Court precedent when rejecting Google's two-sided market argument, and it found the company liable for unlawful tying, say attorneys at Ballard Spahr.
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Series
Brazilian Jiujitsu Makes Me A Better Lawyer
Competing in Brazilian jiujitsu – often against opponents who are much larger and younger than me – has allowed me to develop a handful of useful skills that foster the resilience and adaptability necessary for a successful legal career, says Tina Dorr of Barnes & Thornburg.
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Key Steps For Traversing Federal Grant Terminations
For grantees, the Trump administration’s unexpected termination or alteration of billions of dollars in federal grants across multiple agencies necessitates a thorough understanding of the legal rights and obligations involved, either in challenging such terminations or engaging in grant termination settlements and closeout procedures, say attorneys at Holland & Knight.
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Signed, Sealed, Deleted: A Look At The California Delete Act
The California Delete Act, proposed Delete Request and Opt-Out Platform regulations, and California Privacy Protection Agency enforcement raise a number of compliance considerations — even for data brokers that have existing deletion processes in place, say attorneys at Hunton.
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Opportunities And Challenges For The Texas Stock Exchange
While the new Texas Stock Exchange could be an interesting alternative to the NYSE and the Nasdaq due to the state’s robust economy and the TXSE’s high-profile leadership and publicity opportunities for listings, its success as a national securities exchange may hinge on resolving questions about its regulatory and cost advantages, say attorneys at Norton Rose.
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Pace Of Early Terminations Suggests Greater M&A Scrutiny
The nascent return of early termination under the Hart-Scott-Rodino Act shows a more limited use than before its 2021 suspension under the Biden administration's Federal Trade Commission, suggesting deeper scrutiny of mergers and acquisitions across the board, says Michael Wise at Squire Patton.
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DOJ Export Declination Highlights Self-Reporting Benefits
The U.S. Department of Justice's recent decision not to prosecute a NASA contractor, despite a former employee pleading guilty to facilitating unlicensed exports, underscores the advantages available to companies that self-report sanctions violations, cooperate with investigations and implement timely remediation, say attorneys at Cleary.
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Review Risk Is Increasing For Foreign Real Estate Developers
Federal and state government efforts have been expanding oversight of foreign investment in U.S. real estate, necessitating careful assessment of risk and of the benefits of notifying the Committee on Foreign Investment in the United States, say attorneys at Troutman.
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Energy Order Brings Risks For Lenders And Borrowers Alike
A recent executive order directing the attorney general to submit a report next month with recommendations for halting enforcement of state laws the administration says are hampering energy resources presents risks for lenders and borrowers using state-generated carbon credits, but proactive steps now can help insulate against adverse consequences, say attorneys at Faegre Drinker.
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Trucking Litigation Will Shift Gears In The Autonomous Era
As driverless trucks begin to roll out across Texas, a shift in how trucking accidents will be litigated is swiftly coming into view, with the current driver-centered approach likely to be supplanted by a focus on the design, manufacture and performance of autonomous systems, says Geoffrey Leskie at Segal McCambridge.
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Customs Fraud Enforcement In The Age Of Tariffs
In the wake of the Trump administration’s new approach toward tariffs, two recent Justice Department developments demonstrate aggressive customs fraud enforcement, with the DOJ emphasizing competitive harm to American businesses, and signaling that investigations will likely involve both civil and criminal enforcement tools, say attorneys at Bernstein Litowitz and London & Naor.
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Series
Power To The Paralegals: An Untapped Source For Biz Roles
Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.
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Collective Cert. In Age Bias Suit Shows AI Hiring Tool Scrutiny
Following a California federal court's ruling in Mobley v. Workday, which appears to be the first in the country to preliminarily certify a collective action based on alleged age discrimination from artificial intelligence tools used for hiring, employers should move quickly to audit these technologies, say attorneys at Davis Wright.