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Compliance
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June 02, 2025
9th Circ. Doubts Professor's DEI Free Speech Fight
A Ninth Circuit panel appeared skeptical Monday of a professor's effort to revive his constitutional challenge of the California Community Colleges Board's diversity, equity, inclusion and accessibility regulations, with one judge noting the board hasn't enforced the rules and another judge criticizing the professor for declining to amend his suit.
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June 02, 2025
DOJ Urged To Sue States Over Broadband Rate Caps
Broadband industry groups want the U.S. Department of Justice to bring suit against California and other states pursuing new caps on internet service rates for low-income households, pointing to myriad harms they say the state laws would inflict on consumers.
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June 02, 2025
Airbnb Nixed Conservative Shareholder Proposals, Suit Says
Two institutional Airbnb shareholders that promote conservative values have sued the vacation property rental company, saying it wrongfully excluded their shareholder proposals from its 2025 proxy materials while allowing the inclusion of a proposal submitted by a "liberal-leaning" state pension fund.
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June 02, 2025
Amazon Gets A Look At Some Of FTC's Antitrust Suit Theory
A Washington federal judge said Monday the Federal Trade Commission must hand over some information about the underlying legal theories in its landmark antitrust case against Amazon but mostly agreed with the agency that the company's discovery requests were "premature."
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June 02, 2025
Nike Floods Inboxes With Misleading Sales Promos, Suit Says
A Nike customer has filed a proposed class action in Washington state court accusing the sports apparel giant of flooding his inbox with promotional emails with misleading subject lines to trick him into acting quickly to take advantage of discount deals that don't have a legitimate expiration date.
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June 02, 2025
Alaska Airlines, Flyers Say Boeing Can't Ditch Calif. Blowout Suit
Boeing's extensive business ties to California sufficiently establish a Golden State federal court's specific personal jurisdiction over a lawsuit stemming from a January 2024 midair door plug blowout aboard an Alaska Airlines flight, the airline and passengers told a federal judge Friday.
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June 02, 2025
Landlord To Quit Pricing Software To Escape Antitrust Suit
William C. Smith & Co. will be stepping out of litigation accusing the company of using property management platform RealPage to conspire with other landlords and fix the price of rentals in the D.C. area, after agreeing to reform its business practices and shell out over $1 million.
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June 02, 2025
Nevada Resorts Can Intervene In Kalshi Sports Betting Suit
A Nevada federal judge Monday allowed a trade group representing the state's gaming and resort industries to intervene in KalshiEx LLC's ongoing dispute with state regulators over demands the trading platform remove its sports and events contracts.
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June 02, 2025
Trump Taps Vinson & Elkins Atty To Replace FERC Chair
President Donald Trump on Monday nominated a Vinson & Elkins LLP attorney to replace current Federal Energy Regulatory Commission Chairman Mark Christie, whose term expires on June 30.
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June 02, 2025
Trump Renews Call For Justices To Lift Gov't Overhaul Pause
President Donald Trump asked the U.S. Supreme Court on Monday to lift a California federal judge's order barring the implementation of layoffs and reorganization plans at various federal departments and agencies, arguing the order imposes nonexistent congressional limits on his presidential authority.
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June 02, 2025
White House Asks DC Circ. To Halt Tariff Injunction
The White House on Monday asked the D.C. Circuit to hit pause on a lower court ruling that found President Donald Trump's tariffs unlawful, arguing the "legally indefensible preliminary injunction" would impede sensitive trade negotiations if left unchecked.
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June 02, 2025
Fla. Appeals Court Backs Police In Pot Smell Search Dispute
A Florida state appeals court has found that the smell of fresh cannabis can be enough to support probable cause for a car search in an area known for crime and drug trafficking, reversing a trial court order that suppressed evidence obtained in such a search.
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June 02, 2025
Tech Giants Want 6 GHz Shielded From Spectrum Auctions
As Congress looks to direct the government to sell wide stretches of the airwaves for exclusive commercial use, companies such as Meta, as well as advocacy groups, want lawmakers to continue leaving the upper 6 gigahertz spectrum band alone rather than auctioned to mobile carriers.
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June 02, 2025
Monthly Merger Review Snapshot
The Federal Trade Commission finally dropped its long-pending challenge of Microsoft's purchase of video game developer Activision Blizzard, as enforcers pushed monopolization cases seeking to break up Google, Meta and Live Nation, while also pursuing several traditional merger cases. Here, Law360 looks at the major merger review developments from May.
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June 02, 2025
Nursing Exec Says DOJ Misapplied Justices' Fraud Ruling
A Nevada nursing home executive convicted of wage-fixing and wire fraud has told a Nevada federal judge that a recent U.S. Supreme Court ruling in a fraud case doesn't preclude his motion for a new trial, contrary to what the U.S. Department of Justice has argued.
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June 02, 2025
DOJ Deal OKs $1.5B Keysight-Spirent Network Testing Merger
The U.S. Department of Justice cut its first merger clearance deal of the Trump administration, and nearly its first settlement since a Biden-era hardline stance against most agreements, with a consent decree Monday allowing Keysight Technologies Inc. to proceed with its planned $1.5 billion acquisition of Spirent Communications PLC.
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June 02, 2025
Amazon Gets Sex Bias Claims Cut From Ex-Worker's Bias Suit
Amazon escaped part of a former executive assistant's lawsuit alleging he was passed over for promotions and belittled by a supervisor because he's Black and gay, with a Georgia federal judge on Monday adopting a report that found several of his claims were filed too late.
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June 02, 2025
Dominion Opposes Cable Plan To Ease Utility Pole Fixes
Dominion Energy is again criticizing a telecom industry proposal meant to expedite the process for putting communications attachments on utility poles, saying the telecom trade association behind the push is conflating simpler work lower on poles and more dangerous work above the space on poles where communications lines typically go.
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June 02, 2025
ÃÛÌÒÊÓÆµ, Banks Move In For Kill Of Biden-Era Open Banking Rule
The Consumer Financial Protection Bureau and a coalition of banking trade groups have separately pushed to toss the agency's Biden-era open banking rule, with the ÃÛÌÒÊÓÆµ now contending the data-sharing mandate exceeded its legal authority and the banks calling the regime burdensome, irrational and unlawfully vague.
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June 02, 2025
CFTC Announces 2nd Enforcement Head In 4 Months
The U.S. Commodity Futures Trading Commission on Monday named a new head of enforcement for the second time in four months, appointing its longtime deputy director to head the division.
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June 02, 2025
Justices Urged To Reject Bid Disputing IRS Crypto Summons
The U.S. Supreme Court should not take up the case of a bitcoin investor who claimed the IRS violated his privacy when it seized his records from the cryptocurrency exchange, the government argued, saying the case is a poor vehicle for addressing concerns about digital-era transactions.
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June 02, 2025
4 Mass. Rulings You May Have Missed In May
Massachusetts judges grappled with accusations of fraud in the sale of a struggling life sciences company and gave the benefit of the doubt to a vendor who allegedly sold the state gallons of ineffective hand sanitizer, among other notable rulings last month.
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June 02, 2025
Emotional Distress Claim Dropped In Ohio Derailment Lawsuit
An industrial tube maker dropped an emotional distress claim from a seven-count complaint seeking to hold Norfolk Southern liable for the fallout to local businesses impacted by a February 2023 train derailment and chemical spill in Ohio, according to an order released Monday.
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June 02, 2025
PG&E, Lenders Hit With Suit Over Solar Panel 'Scheme'
Pacific Gas & Electric Corp. and several other companies were accused in California federal court of running a "bait-and-switch" scheme in which they saddle homeowners with hidden fees after tricking them into financing solar panel installations through zero-interest loans.
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June 02, 2025
Mass. AG Fines Restaurant $1.8M For Illegal Tip Pool
A Japanese restaurant will pay more than $1.8 million to resolve an investigation into its requirement that service workers share their tips with managerial employees, the Massachusetts attorney general announced Monday.
Expert Analysis
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House Bill Tax Tweaks Would Hinder Renewable Projects
Provisions in the budget reconciliation bill recently passed by the U.S. House of Representatives would rapidly phase out clean energy tax credits, constrain renewable energy financing arrangements and impose sweeping restrictions on projects with foreign ties, which may create compliance and supply chain issues for many developers, say attorneys at Paul Hastings.
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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.