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Compliance
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May 30, 2025
NSO Wants New WhatsApp Hack Trial After Meta's $168M Win
Israeli spyware developer NSO Group has asked a California federal judge for a new trial to determine damages for installing spyware on 1,400 phones using Meta-owned WhatsApp, saying the punitive damages portion of a roughly $168 million award was egregious and revealed the jury's "general hostility" toward the company.
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May 30, 2025
Court Sinks Iowa Farm's Challenge To 'Swampbuster' Law
An Iowa federal judge has rejected a farm owner's effort to overturn the "Swampbuster" conservation law that aims to protect wetlands in agricultural areas, ruling that the statute passes constitutional muster.
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May 30, 2025
Tornado Cash Judge Won't Order Review Of Feds' Evidence
A New York federal judge said Friday that she won't direct federal prosecutors to conduct a review for additional evidence in their case against Tornado Cash founder Roman Storm despite the defense's claims that a recent disclosure in a separate crypto mixer prosecution could impact Storm's defense.
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May 30, 2025
Crowdfunding, Reg A Deals Grow Slowly As SEC Weighs Ideas
Equity crowdfunding and expanded Regulation A offerings have grown slowly since going live over the past decade, according to new data, leaving open questions on whether regulators will ease rules to bolster these alternatives to traditional capital raising.
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May 30, 2025
Texas Justices Back Bid To Close Migrant-Aiding Nonprofit
The Texas Supreme Court ruled on Friday that the state attorney general can initiate legal proceedings, known as a quo warranto action, to shut down a nonprofit, saying that a lower court's injunctions barring the proceedings were "premature at best."
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May 30, 2025
ÃÛÌÒÊÓÆµ Punts On Fed Funding Issue In MoneyLion Case
The Consumer Financial Protection Bureau has told a New York federal judge that fintech lender MoneyLion can't again seek dismissal from its enforcement lawsuit by challenging the agency's finances, calling a procedural foul — while sidestepping the deeper funding issue.
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May 30, 2025
Employment Authority: The Future Of NY Late Pay Claims
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with a look at how the amended New York's pay frequency law leaves an uncertain future for manual worker claims, how a recent National Labor Relations Board charge challenging a production company's use of artificial intelligence to voice Darth Vader in a video game highlights AI-related challenges and how, despite Trump's push, Congress might be needed to make changes on workplace vaccine mandates
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May 30, 2025
FCC Moves To Revoke Radio Licenses For Unpaid Fees
The Federal Communications Commission is revoking two Texas radio stations' licenses and threatening the same for another in Tennessee over unpaid regulatory fees, the agency said in two orders issued this week.
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May 30, 2025
5th Circ. To Rehear No Surprises Act Ruling En Banc
The full Fifth Circuit agreed Friday to reconsider a dispute over provisions for calculating qualifying payments under the 2020 No Surprises Act.
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May 30, 2025
Calif. Card Rooms Say AG's Gambling Regs Will Gut Local Biz
A gambling advocacy group has said proposed regulations against the California card room industry by the state's attorney general would eliminate 50% of the rooms' jobs and revenue, arguing that the plan to ban blackjack and baccarat may hurt local economies around the state.
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May 30, 2025
Google Must Turn Over Docs About Potential Ad Tech Breakup
A Virginia federal court granted a request from government agencies on Friday for internal Google LLC reports analyzing a potential breakup of its ad tech business, as the sides ready for a September trial to determine what remedies to impose on Google for monopolizing key ad tech markets.
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May 30, 2025
Ex-Wells Fargo Exec Sues To Enforce DOL Retaliation Order
A former senior official with Wells Fargo Bank NA has filed suit in a California federal court to force the bank to comply with an order from a U.S. Department of Labor agency finding he is entitled to more than $20 million for purported retaliation after he blew the whistle on legal concerns and was subsequently fired.
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May 30, 2025
DHS Targets Sanctuary Cities In Noncompliance Notice
The U.S. Department of Homeland Security has put hundreds of cities and counties in 35 states and the District of Columbia on notice for being what the department deems as unlawful safe havens for undocumented immigrants, advancing the Trump administration's April vow to target sanctuary cities.
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May 30, 2025
Convicted Crypto Investor's Wife Says Gov't Can't Seize Funds
The wife of a bitcoin investor sentenced to prison for concealing millions of dollars from the IRS asked a Texas federal court Friday to stop the federal government from taking her money to help make up for $1 million in restitution stemming from his cryptocurrency sales.
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May 30, 2025
Employment Lawyers' Weekly DEI Cheat Sheet
A federal judge struck down a presidential executive order against the law firm WilmerHale in a forceful decision, the state of Missouri fought to keep its anti-DEI lawsuit against Starbucks alive and the U.S. Office of Personnel Management laid out a blueprint for steering the federal hiring system away from what it called bureaucratic "'equity' quotas." ​​​​​​​Here, Law360 looks at notable DEI-related legal developments over the past week.
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May 30, 2025
Shell Speculated About Conn. Environment Goals, Group Says
Two Shell Oil Co. subsidiaries speculated about Connecticut's regulatory goals while using the draft of a new state permit to interpret a prior permit governing a New Haven petroleum terminal, relitigating theories a judge rejected in 2023, an environmental group has said in its challenge to the terminal's flood readiness plans.
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May 30, 2025
DOE Yanks $3.7B In Funding For Clean Energy Projects
An ExxonMobil hydrogen project in Texas and carbon capture projects throughout the U.S. are among two dozen clean energy projects that have seen a combined $3.7 billion in funding rescinded by the Department of Energy, the agency said Friday.
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May 30, 2025
No Point In Vacating NEPA Ruling, Gov't Tells 8th Circ.
The Trump administration on Friday urged the Eighth Circuit to preserve a North Dakota federal judge's decision striking down Biden-era National Environmental Policy Act regulations, a ruling that states and environmental groups say should be vacated.
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May 30, 2025
NJ Pot Shop Fails To Prove Urgency In $273K Fund Dispute
A New Jersey federal judge on Friday declined to unfreeze $273,820 of a dispensary's funding frozen in an account between a payment processor and a Florida bank, saying the dispensary hasn't shown it is at risk of insolvency without the money.
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May 30, 2025
ÃÛÌÒÊÓÆµ Will Settle FirstCash Military Lending Suit
The Consumer Financial Protection Bureau and a leading U.S. pawn store operator announced together that they had agreed to settle the agency's suit alleging that the operator ran afoul of military lending laws, filing a joint status report announcing settlement.
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May 30, 2025
Akin Adds Federal Export And Security Head As Adviser
Akin Gump Strauss Hauer & Feld LLP is boosting its international trade practice, bringing in an expert in export enforcement with the U.S. Department of Commerce as a senior regulatory adviser.
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May 30, 2025
GC Cheat Sheet: The Hottest Corporate News Of The Week
An investor is asking the Delaware Supreme Court to review the constitutionality of a new state law that broadens the protection of corporations in shareholder suits. And hundreds of general counsel are joining an online forum to stand up for the rule of law after President Donald Trump's executive orders against several corporate law firms.
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May 30, 2025
OFAC Sanctions Philippine Biz, Alleging Role In Cyber Scams
The Office of Foreign Assets Control has sanctioned a Philippines-based technology company for allegedly providing computer infrastructure to "hundreds of thousands" of websites involved in virtual currency scams, according to a statement.
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May 30, 2025
AI Not Slowing Down Despite Ethical Risks, Experts Say
Following its rapid evolution in the past half-year alone, McDermott Will & Emery LLP Chief Information Officer Michael Shea predicted during a panel conversation Friday that artificial intelligence tools would see "pretty significant changes" over the next 12 months despite the challenges of putting guardrails around them.
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May 30, 2025
Trump Admin Says States Can't Fight Wind Permit Pause
The Trump administration said a Massachusetts federal judge should reject states' push to block a decision to pause permitting for wind energy projects, saying their claims amount to nothing more than a policy disagreement with no place in court.
Expert Analysis
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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A Tale Of Two Admins: Parsing 1st Half Of SEC's FY 2025
The first half of the U.S. Securities and Exchange Commission's fiscal year 2025, which ended March 31, was unusually eventful, marked by a flurry of enforcement actions in the last three months of former Chair Gary Gensler's tenure and a prompt pivot after Inauguration Day, say attorneys at Jones Day.
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How Banks Can Manage Risk As AI Adoption Expands
Following new, supportive comments from financial regulatory leaders about the use of artificial intelligence in the industry, banks may move toward wider, less-tentative adoption of the technology, but will also need to deploy important risk management measures, say attorneys at WilmerHale.
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Medicare Advantage Enforcement Strong Amid Agency Cuts
The second Trump administration's actions thus far suggest that Medicare Advantage enforcement remains a bipartisan focus despite challenges presented by evolving trends in federal agency staffing and resources, say attorneys at Ropes & Gray.
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What Banks Must Do To Attract Gen Z Customers
The young adults of Generation Z bank differently, so financial institutions must engage appropriately if they wish to attract this key population, including by leveraging savvy marketing, well-designed online interfaces and top-notch customer service, says Madeline Thieschafer at Fredrikson & Byron.
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What Bank Regulator Consolidation Would Mean For Industry
Speculation over the Trump administration’s potential plans to consolidate financial service regulators is intensifying uncertainty, but no matter the outcome for the Consumer Financial Protection Bureau, Federal Deposit Insurance Corp. and Office of the Comptroller of the Currency, the industry should expect continued policy changes, say attorneys at Foley & Lardner.
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Getting Ahead Of The SEC's Continued Focus On Cyber, AI
The U.S. Securities and Exchange Commission is showing it will continue to scrutinize actions involving cybersecurity and artificial intelligence, but there are proactive measures that companies and financial institutions can take to avoid regulatory scrutiny going forward, say attorneys at Morgan Lewis.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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IRS And ICE Info Sharing Could Drive Payroll Tax Enforcement
Tax crimes are historically difficult to prosecute, but the Internal Revenue Services’ recent agreement with U.S. Immigration and Customs Enforcement to share taxpayer records of non-U.S. citizens could be used to enhance payroll tax-related enforcement against their employers, say attorneys at Holland & Knight.
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Breaking Down Ill. Bellwether Case For Bank Preemption
The banking industry's pending lawsuit against the state of Illinois stands to permanently enjoin state regulation of bank card processing, as well as clarify the outstanding and consequential issue of whether conflict preemption continues to cover third parties in certain circumstances, says Tom Witherspoon at Stinson.
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Despite SEC Climate Pause, Cos. Must Still Heed State Regs
While businesses may have been given a reprieve from the U.S. Securities and Exchange Commission's rules aimed at standardizing climate-related disclosures, they must still track evolving requirements in states including California, Illinois, New Jersey and New York that will soon require reporting of direct and indirect carbon emissions, say attorneys at Husch Blackwell.
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A Primer On The Trading And Clearing Of Perpetual Contracts
The U.S. Commodity Futures Trading Commission recently released a request for comment on the trading and clearing of perpetual-style derivatives, most common in the cryptocurrency market, necessitating a deep look at how these contracts operate and their associated risks, say attorneys at Moore & Van Allen.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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5 Areas Contractors Should Watch After 1st 100 Days
Federal agencies and contractors face challenges from staff reductions, contract terminations, pending regulatory reform and other actions from the second Trump administration's first 100 days, but other areas stand to become more efficient and cost-effective, say attorneys at Thompson Hine.
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Planning For Open Banking Despite ÃÛÌÒÊÓÆµ Uncertainty
Though pending litigation or new Consumer Financial Protection Bureau leadership may reshape the Biden-era regulation governing access to consumer financial data, companies can use this uncertain period to take practical steps toward an open banking strategy that will work regardless of the rule’s ultimate form, says Adam Maarec at McGlinchey Stafford.