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Compliance
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June 30, 2025
Catching Up With Delaware's Chancery Court
Delaware's Supreme Court was kept busy this past week with litigants' attempts to challenge its previous decisions, as well as those of Delaware's Court of Chancery, which included an argument that the state's high court incorrectly ruled in favor of energy company Boardwalk Pipeline Partners LP by rejecting the Chancery's decision upholding class claims branding the call-in of public shares unfair. In case you missed it, here's the latest from the Delaware Chancery Court.
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June 30, 2025
FCC Delays Deadlines To Cap Prison Phone Rates
The Federal Communications Commission on Monday temporarily waived compliance deadlines for its contested new prison phone rate caps until April 2027.
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June 30, 2025
Feds Defend Authority To End NY Congestion Pricing Deal
The U.S. Department of Transportation has told a Manhattan federal judge that courts cannot handcuff it to now-disfavored policies of earlier administrations, while New York transportation agencies maintain that the federal government is grasping at illusory legal arguments to justify trying to shut down congestion pricing.
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June 30, 2025
Pa. Joins States Requiring Licenses For Crypto Exchanges
Businesses that enable the transfer of cryptocurrency will soon be required to meet the same bar as money transmitters in the state of Pennsylvania under a newly signed state law.
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June 30, 2025
Meta Gets Court To Pause Its Challenge To FTC Privacy Order
A D.C. federal judge has agreed to pause Meta's constitutional challenge to the Federal Trade Commission's effort to block the company from monetizing children's data, giving other courts hearing separate cases time to weigh in on the commission's structure and an injunction requested by the company before ruling on dismissal.
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June 30, 2025
Ex-Geico Sales Rep. Denied Class Cert., For Now
A Georgia federal judge on Monday shot down a former Geico call center worker's bid to certify a class of more than 1,000 sales representatives who said the insurance company hasn't paid them for pre- and post-shift work, finding their theory of the case was "not supported by the evidence."
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June 30, 2025
Fintech Group Goes To Bat For ÃÛÌÒÊÓÆµ's Open Banking Rule
A top fintech trade group has fired back in defense of a Biden-era open banking rule that bank groups and the Consumer Financial Protection Bureau want struck down in Kentucky federal court, accusing them of twisting the law in a flawed effort to kill off the regulation.
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June 30, 2025
Trump Admin Appeals Perkins Coie Case To DC Circ.
The Trump administration announced in D.C. federal court on Monday that it's not giving up on its effort to punish Perkins Coie LLP through an executive order, even after losing four court rulings that found its actions in this and three similar cases are unconstitutional.
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June 30, 2025
Apple Can't Duck DOJ Monopolization Lawsuit
A New Jersey federal judge refused Monday to let Apple duck the U.S. Department of Justice lawsuit accusing the company of monopolizing smartphone markets, crediting DOJ allegations about the restrictions Apple imposes on iMessage, smartwatch compatibility, mobile wallets, cloud gaming and more.
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June 30, 2025
Justices Decline To Hear Ex-Tesla Worker's Whistleblower Suit
The U.S. Supreme Court on Monday declined to take up a petition filed by a former Tesla employee who claimed he was retaliated against for reporting various forms of alleged misconduct at a Nevada factory to both company management and the U.S. Securities and Exchange Commission.
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June 30, 2025
FCC Chair Seeks To Deny COVID Waiver In Lifeline Subsidy
Federal Communications Commission Chair Brendan Carr is calling on his fellow commissioners to reject a proposal from Lifeline providers to extend the program's COVID-era non-usage rule waiver for one day, saying that moving the cutoff date would cost the public millions of dollars.
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June 30, 2025
RI Allows Local Tax Amnesty Programs For Every 3 Years
Rhode Island authorized municipalities to establish local tax amnesty programs every three years to give people and businesses a chance to resolve outstanding property tax liabilities without accruing interest under legislation signed by the governor.
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June 30, 2025
Baker McKenzie Hires Consumer Protection Prosecutor In DC
An 18-year veteran of the U.S. Department of Justice's Consumer Protection branch has left the agency to join Baker McKenzie LLP's Washington, D.C., office, where he'll work with a former colleague who was recently named leader of the practice group he is now joining, the firm announced Monday.
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June 30, 2025
Justices Say Another Biofuel Waiver Case Fits In DC Circ.
Following the U.S. Supreme Court's decision that the D.C. Circuit was the proper venue for challenges to the U.S. Environmental Protection Agency's denial of biofuel waivers to small refiners, the high court on Monday granted summary disposition in another pending case on the same subject.
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June 30, 2025
Justices Let Stand IRS' Summons For Coinbase User's Info
The U.S. Supreme Court rejected Monday a cryptocurrency investor's challenge to an IRS summons for his financial records from the exchange Coinbase, letting stand a First Circuit ruling that upheld limitations on privacy rights for records held by third-party financial institutions.
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June 30, 2025
High Court Takes GOP Challenge To Election Spending Limits
The U.S. Supreme Court on Monday said it would review caps on how much political parties can spend on elections in coordination with candidates in a case brought by Vice President JD Vance and Republican organizations.
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June 30, 2025
Justices Pass On Exxon Mobil $14M Clean Air Act Dispute
The U.S. Supreme Court on Monday declined to review an en banc Fifth Circuit opinion that upheld $14.25 million in air pollution fines against Exxon Mobil Corp.
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June 30, 2025
Supreme Court Won't Take On CWA Suit Over Wash. Port Regs
The U.S. Supreme Court on Monday declined to wade into a dispute between a Washington state port and an environmental group over whether citizen suits seeking to enforce state permitting conditions that go beyond the Clean Water Act can proceed in federal court.
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June 30, 2025
High Court To Hear Fight Over Investment Fund Suits
The U.S. Supreme Court on Monday agreed to hear a case that could limit the ability of private parties to assert contract violations against investment funds, with one activist investor accusing several closed-end funds of shutting it out of its voting rights.
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June 28, 2025
DOJ OKs $14B HPE-Juniper Deal With Small-Biz WiFi Unit Sale
The U.S. Department of Justice announced a settlement Saturday with Hewlett Packard Enterprise, clearing the tech giant's $14 billion purchase of Juniper Networks by requiring the divestiture of a WiFi network business geared toward small firms.
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June 27, 2025
Real Estate Recap: Compass, Tariffs, Opportunity Zones 2.0
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney insights into the Compass v. Zillow lawsuit, tariff disruption and a potential update to the opportunity zone program.
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June 27, 2025
DC Judge Asks If WH Can Pull Clearances Based On Bias
The D.C. federal judge overseeing national security lawyer Mark S. Zaid's challenge to being stripped of his clearances had some hard questions Friday for the government's attorney, asking if President Donald Trump stripped clearances from attorneys for being Catholic meant they could judicially challenge him.
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June 27, 2025
Hershey Says Wrapper PFAS Suit 'Built On A House Of Cards'
The Hershey Co. on Friday urged a Pennsylvania federal court to dismiss a putative class action that alleges its packaging for its chocolate bars and candies contains dangerous levels of per- and polyfluoroalkyl substances, saying consumers' testing allegations failed to back a viable claim that its products contain the forever chemicals known as PFAS.
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June 27, 2025
Logging Co. Cleared In $73M Trial Over Firefighter's Death
A jury cleared R&T Logging of Oregon Inc. of liability Friday in a $73 million trial over the death of a firefighter and EMT in an accident in which an employee of the logging company's trucking partner was driving drunk.
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June 27, 2025
Senate Republican Plan Would Cut ÃÛÌÒÊÓÆµ Funds, Keep PCAOB
U.S. Senate Banking Committee Republicans' latest budget bill plans have dropped a push to dismantle the Public Company Accounting Oversight Board and pivoted to a lesser — but still severe — cut to the Consumer Financial Protection Bureau's funding.Â
Expert Analysis
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Proposed State AI Rule Ban Could Alter Employer Compliance
A proposal in the congressional budget bill that would ban state and local enforcement of laws and regulations governing artificial intelligence may offer near-term clarity by freezing conflicting rules, but long-term planning would remain difficult for employers seeking safe, lawful AI deployment strategies, say attorneys at Fisher Phillips.
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Operating Via Bank Charter Offers Perks Amid Industry Shift
As bank regulators become more receptive to streamlining barriers that have historically stood in the way of de novo bank formation, and as fintechs show more interest in chartering, attorneys at Goodwin outline the types of charters available and their benefits.
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How Attorneys Can Become Change Agents For Racial Equity
As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.
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Unicoin Case Reveals SEC's Evolving Enforcement Posture
The U.S. Securities and Exchange Commission's recent fraud allegations against cryptocurrency company Unicoin send a clear message that while the Trump administration supports digital asset development, it will act decisively against deception, inflated valuations and false assurances, says David Zaslowsky at Baker McKenzie.
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Public Cos. Must Heed Disclosure Risks Amid Trade Chaos
Ongoing uncertainties caused by President Donald Trump's shifting stances on tariffs and trade restrictions have exponentially escalated financial reporting pressures on public companies, so businesses must ensure that their operations and accounting practices align with the U.S. Securities and Exchange Commission's standards, say Jennifer Lee at Jenner & Block and Edward Westerman at Secretariat Advisors.
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Seven County Ruling Should Trim Agency Enviro Analysis
The U.S. Supreme Court's ruling in Seven County Infrastructure Coalition v. Eagle County provides needed clarity for infrastructure projects by expressly directing agencies to narrow environmental reviews, and reducing the threat of litigation if even tangential issues are not exhaustively evaluated, say attorneys at Dentons.
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Digital Equity Act Grant Terminations Raise Key Legal Issues
The Trump administration's move to cancel grant programs created under the Digital Equity Act yields key legal and policy questions facing the executive branch, Congress and the courts, including how the administration plans to implement the cancellation of the Digital Equity Act's appropriations in the first place, say attorneys at Akin.
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GAO Report Reveals How Banks And Regulators Are Using AI
A U.S. Government Accountability Office report published last month makes clear that while both federal regulators and regulated entities like banks and credit unions are employing artificial intelligence to improve efficiency, they're maintaining some skepticism, say attorneys at Orrick.
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Robinson-Patman Enforcement May Fizzle Out After PepsiCo
After securing an early Robinson-Patman Act victory against the largest wine and spirits distributor in the U.S., the Federal Trade commission's voluntary dismissal of its own enforcement action against PepsiCo throws into doubt the future of the federal statute that prohibits price discrimination and other anticompetitive practices, say attorneys at V&E.
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Series
Running Marathons Makes Me A Better Lawyer
After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.
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High Court Ruling Bucks Trend Of Narrowing Fraud Theories
The U.S. Supreme Court’s recent Kousisis v. U.S. decision, holding that economic loss is not required to establish prosecutors’ fraudulent inducement theory of fraud, is at odds with its decadeslong narrowing of federal fraud statutes’ reach, and may lead to convictions for a wide variety of contractual misrepresentations, say attorneys at Keker Van Nest.
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3 Takeaways From Recent Cyberattacks On Healthcare Cos.
For the healthcare industry, the upward trend in styles of cyberattacks, costs, and entities targeted highlights the critical importance of proactive planning to help withstand the operational, legal and reputational turmoil that can follow a data breach, say attorneys at Troutman Pepper.
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Calif. Air Board Offers Early Hints On Climate Reporting
As initial reporting deadlines for California's new climate reporting laws approach, guidance provided by the California Air Resources Board in a virtual public workshop sheds some light on rulemaking to come, and how to prepare for compliance during this period of uncertainty, say attorneys at Simpson Thacher.
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Parsing The SEC's No-Action Letter On Rule 192 Compliance
Brandon Figg at Morgan Lewis discusses the U.S. Securities and Exchange Commission's recent no-action letter, which greenlights information barriers as an alternative approach to Rule 192 compliance and includes likely relief for existing policies and procedures.
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5 Ways In-House Counsel Can Stay Ahead Of New HSR Rules
Now that the Trump administration’s new Hart-Scott-Rodino Act rules have been in effect for several months, in-house counsel should consider several practice pointers that can help spearhead management of M&A-related antitrust risk, say attorneys at Squire Patton.