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Compliance
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June 04, 2025
Cheesesteak Icon Asks 3rd Circ. If Loper Bright Slices Sentence
Counsel for a Philadelphia cheesesteak shop owner seeking a lighter sentence for paying employees off the books told the court Wednesday that he has asked the Third Circuit to consider how the U.S. Supreme Court's landmark decision striking longstanding agency deference framework might affect his case.
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June 04, 2025
Judge Grills Kidde-Fenwal About Missing Info In Disclosures
A Delaware bankruptcy judge Wednesday questioned why firefighting foam maker Kidde-Fenwal did not include in plan disclosures details about the recoveries its creditors can expect under its Chapter 11 proposal, as the debtor prepares to send its reorganization plan out for a vote.
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June 04, 2025
Bowman Confirmed As Trump's Top Banking Regulator At Fed
Senators on Wednesday confirmed Federal Reserve Gov. Michelle Bowman to become the central bank's next vice chair for supervision, elevating the former Kansas community banker to a powerful perch overseeing many of the biggest Wall Street financial institutions.
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June 04, 2025
FIFA Slams Atty's Bid To 'Circumvent' DQ In Puerto Rico Case
A Puerto Rican attorney may not sidestep a disqualification order by dropping his personal claims from an antitrust case against FIFA in which he is both counsel and plaintiff, the organization told a federal judge Wednesday, arguing the lawyer is a "necessary fact witness" and therefore a conflict is unavoidable.
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June 04, 2025
3 Ways DOL Benefits Chief Nominee May Affect ERISA Cases
A key committee will decide Thursday whether to send President Donald Trump’s pick to lead the U.S. Department of Labor’s employee benefits arm ahead for a full Senate vote, setting the stage for what attorneys expect will be an employer-friendly shift in policies. Here are three ways Daniel Aronowitz could change benefits litigation if confirmed.
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June 04, 2025
FTC Fights Attys Who Want State Bar Input On Ethics Worries
The Federal Trade Commission doesn't want staff attorneys to be able to seek state bar association guidance if they dispute the legality of an instruction, arguing in a fight with the FTC's union that seeking such guidance would gum up the gears of commission work.
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June 04, 2025
SEC Seeks Input On Tightening Perks For Foreign Issuers
The U.S. Securities and Exchange Commission agreed Wednesday to seek public input on whether foreign companies should continue to be granted accommodations to list in the U.S., noting that global markets have changed significantly since such rules were adopted.
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June 04, 2025
Davis Polk, Skadden Guide Circle's Upsized $1B IPO
Venture-backed stablecoin issuer Circle Internet Group Inc. on Wednesday priced an upsized $1.05 billion initial public offering above its marketed range amid strong demand, represented by Davis Polk & Wardwell LLP and underwriters counsel Skadden Arps Slate Meagher & Flom LLP.
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June 04, 2025
FCC Says C-Band Payment Clearinghouse Can Wind Down
The C-Band Relocation Payment Clearinghouse has received the go-ahead from the Federal Communications Commission to wind down its operations by the end of the month, after the agency agreed it had done what it was intended to do.
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June 04, 2025
ContractPodAi Launches Tariff-Focused AI Software
Contract management software provider ContractPodAi, which offers an automated legal assistant called Leah, announced the release of a tariff-focused chatbot that tracks global tariffs and trade regulations.
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June 04, 2025
Trump Ordered To Explain Why Layoffs Don't Flout Injunction
A California federal judge ordered the Trump administration Wednesday to explain why preparations for layoffs at the State Department and Department of Housing and Urban Development do not violate an injunction she issued last month, saying she needed more details about the agencies' plans to evaluate their compliance.
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June 04, 2025
Idaho Mining Co. Hit With Suit Over Dump Site Contamination
The U.S., Idaho and Native American tribes have hit Nu-West Industries Inc. with a Comprehensive Environmental Response, Compensation, and Liability Act lawsuit, alleging that hazardous substances from phosphate mining are being generated and disposed of at a dump site owned by the company within the Caribou-Targhee National Forest.
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June 04, 2025
ÃÛÌÒÊÓÆµ Resumes $4.2M Redress After Pressure From States
California's Department of Financial Protection and Innovation said Wednesday that the Consumer Financial Protection Bureau is now making good on a $4.2 million redress plan for former students of a shuttered sales-training firm, following agency delays and subsequent pressure from various states.
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June 04, 2025
DOJ Won't Have To Give Agri Stats Specific Data Fields
A Minnesota federal court refused to force the U.S. Department of Justice to identify specific data fields in industry reports produced by Agri Stats that allegedly allow meat processors to share sensitive information, finding the case is not centered on individual data points.
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June 04, 2025
Trump Nominates Ex-SBA Official For Top CFIUS Post
A former U.S. Small Business Administration official from Donald Trump's first term has been nominated by the president to lead the U.S. government panel that reviews foreign investments for national security risks.
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June 04, 2025
Calif. Justices Asked To Clarify Limits Of Good Faith Defense
A worker's counsel urged the California Supreme Court on Wednesday to find that employers must show they proactively took steps to ensure its pay practices complied with state requirements to establish a good faith defense against liquidated damages, while the employer's counsel declined to address the merits of the appeal.
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June 04, 2025
FTC Can't Exclude TikTok Blackout From Meta Case
Meta Platforms can point to TikTok briefly going dark at the beginning of 2025 as it tries to fend off claims that it is monopolizing the social media market, after a D.C. federal judge refused to let the Federal Trade Commission lock the case to evidence from the year 2023.
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June 04, 2025
MoneyLion Says ÃÛÌÒÊÓÆµ Can't Duck Fed Funding Issue
Online lending platform MoneyLion has doubled down on its bid for dismissal of a lawsuit brought by the Consumer Financial Protection Bureau, telling a New York federal judge that new reasoning from the U.S. Supreme Court confirms the agency is improperly funded and that it is not improper to file successive dismissal motions as the ÃÛÌÒÊÓÆµ has contended.
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June 04, 2025
DC Judge Weighs Harm In Teen Program Funding Fight
A D.C. federal judge on Wednesday seemed unconvinced by Planned Parenthood's assertion that new federal grant requirements for a public health initiative aimed at preventing teen pregnancy are harmful enough to warrant a preliminary injunction.
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June 04, 2025
SEC Says Accountant Errors Don't Doom Crowdfunding Case
The U.S. Securities and Exchange Commission told a Michigan federal judge Wednesday that mistakes in one of its accountant's declarations do not warrant the dismissal of its first crowdfunding enforcement action, arguing the SEC's lawyers acted in good faith when they alerted the court to the errors.
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June 04, 2025
Willkie Farr Hires Financial Services Partner In DC
Willkie Farr & Gallagher LLP has hired a McGuireWoods LLP attorney as a partner in Washington, D.C., to advise corporations on a range of legal issues, the firm announced Tuesday.
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June 04, 2025
Compliance Chiefs Eye New Jobs Amid Pay Growth Slowdown
More than half of chief compliance officers are considering seeking new job opportunities in the coming year, according to a Wednesday report from in-house legal and compliance advisory firm BarkerGilmore LLC, which also found CCO pay growth generally slowed down compared to last year.
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June 04, 2025
Judge Won't Block Amazon From Talking To Depo Witnesses
A federal judge on Tuesday rejected the Federal Trade Commission's bid, in its antitrust case against Amazon, seeking to block lawyers representing the e-commerce giant from conferring with witnesses during breaks in their depositions.
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June 04, 2025
Vape Cos. Urge 5th Circ. To Toss FDA Vape Marketing Rule
A group of small e-cigarette companies is asking the Fifth Circuit to revive their suit challenging the U.S. Food and Drug Administration's rule for premarket authorization of new tobacco products, saying the FDA failed to account for how the rule would affect small businesses.
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June 04, 2025
Calif. Official Defends Trans Athlete Rule Against DOJ Threat
California's top education official has responded to the U.S. Department of Justice's claim that a transgender girl's participation in the state high school track and field championships opened the door to a federal civil rights lawsuit, telling the state's schools the demands "are not in themselves law,'' and that the law supporting trans athletes "are in compliance with the U.S. Constitution.''
Expert Analysis
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Series
Law School's Missed Lessons: Becoming A Firmwide MVP
Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.
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How NY's FAIR Act Mirrors ÃÛÌÒÊÓÆµ State Recommendations
New York's proposed FAIR Business Practices Act, which targets predatory lending and junk fees, reflects the Rohit Chopra-era Consumer Financial Protection Bureau's recommendations to states in a number of ways, including by defining "abusive" conduct and adding a new right to file class actions, says Christian Hancock at Bradley Arant.
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Expect Eyes On Electronic Devices At US Entry Points
Electronic device searches are becoming common at U.S. border inspections, making it imperative for companies to familiarize themselves with what's allowed, and mandate specific precautions for employees to protect their privacy and sensitive information during international travel, say attorneys at Seyfarth.
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Big Tech M&A Risk Under Trump May Resemble Biden Era
Merger review under the Trump administration may not differ substantially from merger review under the Biden administration, particularly in the Big Tech arena, in which case dealmakers and investors should shift the antitrust discount on M&A deals upward, says Jonathan Barnett at the University of Southern California Gould School of Law.
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Takeaways From DOJ's 1st Wage-Fixing Jury Conviction
U.S. v. Lopez marked the U.S. Department of Justice's first labor market conviction at trial as a Nevada federal jury found a home healthcare staffing executive guilty of wage-fixing and wire fraud, signaling that improper agreements risk facing successful criminal prosecution, say attorneys at McGuireWoods.
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Calif. Climate Superfund Bill Faces Legal, Technical Hurdles
California could soon join other states in sending the fossil fuel industry a massive bill for the costs of coping with climate change — but its pending climate Superfund legislation, if enacted, is certain to face legal pushback and daunting implementation challenges, says Donald Sobelman at Farella Braun.
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How Cos. Can Navigate Risks Of New Cartel Terrorist Labels
The Trump administration’s recent designation of eight drug cartels as foreign terrorist organizations gives rise to new criminal and civil liabilities for companies that are unwittingly exposed to cartel activity, but businesses can mitigate such risks in a few key ways, say attorneys at Steptoe.
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Cosmetic Co. Considerations As More States Target PFAS
In the first quarter of the year, seven states introduced or passed legislation focused on banning the sale of cosmetics that contain PFAS, making it necessary for businesses to adjust their product testing and supply chain practices, product formulations, marketing strategies, and more, say attorneys at Alston & Bird.
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What We Lost After SEC Eliminated Regional Director Role
Former U.S. Securities and Exchange Commission Regional Director Marc Fagel discusses the recent wholesale elimination of the regional director position, the responsibilities of the job itself and why discarding this role highlights how the appearance of creating a more efficient agency may limit the SEC's effectiveness.
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Mass. Suit Points To New Scrutiny For Home Equity Contracts
The Massachusetts attorney general’s recent charge that a lender sold unregulated reverse mortgages shows more regulators are scrutinizing mortgage alternatives like home equity contracts, but a similar case in the Ninth Circuit suggests more courts need to help develop a consensus on these products' legality, say attorneys at Weiner Brodsky.
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EEOC Suits Show Cos. Shouldn't Ax Anti-Harassment Efforts
Companies shouldn't be so quick to eliminate anti-harassment programs in response to the U.S. Equal Employment Opportunity Commission's guidance cautioning against unlawful diversity, equity and inclusion programs, as recent enforcement actions demonstrate that the agency still plans to hold employers accountable for addressing sexual harassment, says Ally Coll at the Purple Method.
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Perspectives
Reading Tea Leaves In High Court's Criminal Law Decisions
The criminal justice decisions the U.S. Supreme Court will announce in the coming weeks will reveal whether last term’s fractured decision-making has continued, an important data point as the justices’ alignment seems to correlate with who benefits from a case’s outcome, says Sharon Fairley at the University of Chicago Law School.
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$38M Law Firm Settlement Highlights 'Unworthy Client' Perils
A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.
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Hints Of Where Enforcement May Grow Under New ÃÛÌÒÊÓÆµ
Though the Consumer Financial Protection Bureau has significantly scaled back enforcement under the new administration, states remain able to pursue Consumer Financial Protection Act violators and the ÃÛÌÒÊÓÆµ seems set to enhance its focus on predatory loans to military members and fraudulent debt collection and credit reporting practices, say attorneys at MoFo.
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Only Certainty About FAR Reform Order Is Its Uncertainty
The president’s recent order overhauling the Federal Acquisition Regulation, which both contractors and agencies rely on to ensure predictability and consistency in federal procurement, lacks key details about its implementation, which will likely eliminate many safeguards that ensure contractors are treated fairly and that procurements are awarded in a reasonable manner, say attorneys at Miles & Stockbridge.