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Compliance

  • June 02, 2025

    Feds Want 12½ Years For Ex-Ill. Speaker Convicted Of Bribery

    Prosecutors are urging an Illinois federal judge to sentence former state House Speaker Michael Madigan to prison for 12½ years for bribery, conspiracy and fraud, saying his conduct adds "another sordid chapter to Illinois' storied reputation of corruption" while Madigan, armed with more than 200 letters of support, seeks only probation.

  • June 02, 2025

    Justices Want Gov't View On Duke Energy Monopoly Suit

    The U.S. Supreme Court asked the Solicitor General on Monday to provide the government's view on a ruling that revived antitrust claims accusing Duke Energy of squeezing a rival out of the power market in North Carolina.

  • June 02, 2025

    FERC 'Never' Considered Costs Of NW Pipeline, 5th Circ. Told

    The state of Washington told a Fifth Circuit panel Monday that the Federal Energy Regulatory Commission " never rationally considered what the true costs" were for a TC Energy Corp. pipeline expansion project in the Pacific Northwest.

  • June 02, 2025

    Defamation Litigation Roundup: Cheetos, NASCAR, OpenAI

    In this month's review of ongoing defamation fights, Law360 looks back on developments in a man's case against Frito-Lay Inc. over what he called the company's defamatory statements disputing his role in the invention of a flavor of Cheetos.

  • June 02, 2025

    US Looks To Dodge Suit Over Gulf Oil Well Risks

    The federal government is asking a federal court to toss environmentalists' lawsuit alleging that it's ignoring the fact that owners of retired offshore oil and gas drilling infrastructure are failing to properly shut down the facilities.

  • June 02, 2025

    Justices Turn Away Constitutional Challenge To FINRA Powers

    The U.S. Supreme Court on Monday declined to take up a case calling into question the constitutionality of the in-house disciplinary process used by the Financial Industry Regulatory Authority, rejecting an appeal by a broker-dealer facing expulsion from the industry.

  • May 30, 2025

    Split 9th Circ. Won't Unblock Trump's Gov't Overhaul

    A split Ninth Circuit on Friday refused to lift a California federal judge's preliminary block of President Donald Trump's executive order directing layoffs at federal agencies, handing a win to a coalition of unions, nonprofits and cities that argue the order exceeded the president's authority.

  • May 30, 2025

    Kousisis May Boost Fraud Cases, But Questions Remain

    The U.S. Supreme Court's finding that inducing a transaction through lies, even with no intent of economic loss, is a valid basis for a wire fraud conviction opens the door for a wave of aggressive fraud prosecutions, but unanswered questions on issues like materiality may lead the court to again consider reining in the government's power.

  • May 30, 2025

    'Not Sure It Fits': Google Judge Challenges DOJ AI Boost Idea

    Generative artificial intelligence may be the future of online search, but a D.C. federal judge cast doubt Friday on the Justice Department's bid to force Google to share and syndicate its search results with companies like OpenAI as he mulls what remedies to impose against Google's search monopoly.

  • May 30, 2025

    Real Estate Recap: Religious Land, Hotel Surge, Land-Banking

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including interviews with attorneys about recent disputes over land use for religious purposes, a surge in hospitality sector transactions, and the rise of land-banking law.

  • May 30, 2025

    $5.2M Generic Drug Price-Fixing MDL Deal Gets Final OK

    Apotex Corp. will be paying $5.2 million to settle claims from a class of indirect purchasers alleging the drugmaker was working with other pharmaceutical companies to hike up the price of certain generic medications.

  • May 30, 2025

    SEC's Staking Guidance Ignores Court Rulings, Crenshaw Says

    The U.S. Securities and Exchange Commission's dismissal of its lawsuit against crypto exchange Binance paved the way for its staff's same-day statement that many "staking" services are no longer subject to agency jurisdiction, according to the SEC's sole Democrat, who criticized the move as conflicting with a pair of court decisions the agency won.

  • May 30, 2025

    Texas Panel Keeps Intact Judge's LGBTQ+ Wedding Challenge

    A Texas appeals court, in a Friday opinion, kept intact a judge's lawsuit against the state judicial ethics commission over sanctions for her refusal to officiate same-sex marriages, but left the issue of merits for the trial court to hash out.

  • May 30, 2025

    Enviro-Focused Community Bank Exits FDIC Consent Orders

    The Federal Deposit Insurance Corp. has freed Maryland-based Forbright Bank from the penalty box, terminating a pair of consent orders that had restricted its growth and required anti-money laundering improvements.

  • May 30, 2025

    Meta Looks To Nix FTC's Lead Econ Expert After Antitrust Trial

    Meta Platforms asked a D.C. federal judge Friday to strike testimony the Federal Trade Commission's lead economics expert gave during a bench trial in the antitrust case over Meta's purchase of Instagram and WhatsApp, saying the "biased witness" — a New York University School of Law professor — "advocated" for the case.

  • May 30, 2025

    Governor Wants Input If Dropbox Challenge Is Appealed

    Delaware's governor wants to weigh in on a potential Delaware Supreme Court midcase review of a controversial state corporation law overhaul that limits the liability of directors and controlling investors for allegedly self-interested corporate acts.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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."

  • 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.

  • 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

  • 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.

  • 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.

Expert Analysis

  • Independent Contractor Rule Up In The Air Under New DOL

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    In several recent court challenges, the U.S. Department of Labor has indicated its intent to revoke the 2024 independent contractor rule, sending a clear signal that it will not defend the Biden-era rule on the merits in anticipation of further rulemaking, say attorneys at Jackson Lewis.

  • AG Watch: Letitia James' Major Influence On Federal Litigation

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    While the multistate cases brought by New York Attorney General Letitia James appear to be based upon her interpretation of the effect of the Trump administration's policies on New York state and its residents, most also have a decidedly political tone to them, says Dennis Vacco at Lippes Mathias.

  • Why Trade Cases May Put Maple Leaf Deference On Review

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    When litigation challenging the president’s trade actions reaches the Federal Circuit, the court will have to reevaluate the Maple Leaf standard in light of the U.S. Supreme Court's 2024 Loper Bright decision limiting Chevron-like deference to cases involving statutory provisions in which Congress delegated discretionary authority to the executive branch, say attorneys at Wiley.

  • Risk Control Tips For Banks With Cryptocurrency Customers

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    Given federal policy shifts, cryptocurrency's presence within the U.S. banking system will doubtless increase, so banks should keep in mind key risk control considerations when accepting funds related to cryptocurrency transactions — and make sure they know their customers and the crypto industry, says Jason Noto at Polsinelli.

  • A Look At Probabilistic Tracing After High Court's Slack Ruling

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    Recent decisions following the U.S. Supreme Court's 2023 ruling in Slack v. Pirani have increased the difficulty of pleading Securities Act claims for securities issued in direct listings by rejecting the use of statistical probabilities to establish that share purchases were traceable to a challenged registration statement, says Jonathan Richman at Brown Rudnick.

  • 3 Change Management Tools To Boost Compliance Efforts

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    As companies grapple with rapidly changing regulations and expectations, leaders charged with implementing their organizations’ compliance programs should look to change management principles to make the process less costly and more effective, says Liisa Thomas at Sheppard Mullin.

  • How Trump Orders Affect Health Orgs.' Care For Trans Minors

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    Two recent executive orders issued by President Donald Trump regarding gender-affirming care for minors have put healthcare organizations in a precarious situation, and these institutions should prepare for various implications and potential scenarios, say attorneys at ArentFox.

  • FDIC Rules Rollback Foretells More Pro-Industry Changes

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    The Federal Deposit Insurance Corp.’s March withdrawal of Biden-era proposals to tighten brokered deposit rules and impose new corporate governance standards shows that acting chair Travis Hill’s commitment to reviewing regulations that may restrict growth and innovation for financial institution and fintech companies is unlikely to flag soon, say attorneys at Cooley.

  • DOJ Memo Maps Out A Lighter Touch For Digital Assets

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    A recent memo issued by the Justice Department signals a less aggressive approach toward the digital asset industry, with notable directives including disbandment of the National Cryptocurrency Enforcement Team, a higher evidentiary bar for unlicensed money transmitting, and prosecutions of individuals rather than platforms, say attorneys at Cleary.

  • SEC Update May Ease Accredited Investor Status Verification

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    The U.S. Securities and Exchange Commission recently opened a new avenue to verifying accredited investor status, which could encourage more private fund sponsors and other issuers to engage in a general solicitation with less fear that they will lose the offering's exemption from registration under the Securities Act, say attorneys at Simpson Thacher.

  • Legal Ethics Considerations For Law Firm Pro Bono Deals

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    If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.

  • How To Address FCA Risk After 4th Circ. Ruling On DEI Orders

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    Following the Fourth Circuit's ruling in National Association of Diversity Officers in Higher Education v. Trump, which freed the administration to enforce executive orders targeting diversity, equity and inclusion programs, government contractors should take stock of potentially unlawful DEI programs, given their heightened risk under the False Claims Act, say attorneys at Sidley.

  • Avoiding Compliance Risks Under Calif. Recycling Label Law

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    CalRecycle's recently published final findings on California's S.B. 343 — determining which products and packaging materials are eligible to use the "chasing arrows" recyclability symbol — offer key guidance that businesses operating in the state must heed to avert the risk of penalties or litigation, says Christopher Smith at Greenspoon Marder.

  • FDIC Unlocks A Door To Banks' Potential Crypto Future

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    The Federal Deposit Insurance Corp.'s recent crypto guidance broadens the scope of permissible activities for banks to an unprecedented level, although most institutions are unlikely to initiate or expand such practices in the immediate future, says Amanda Kowalski at Barley Snyder.

  • Del. Dispatch: Open Issues After Corp. Law Amendments

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    Recent amendments to the Delaware General Corporation Law represent a significant change in the future structuring of boards and how the First State will approach conflicted transactions, but Delaware courts may interpret the amendments narrowly, limiting their impact, say attorneys at Fried Frank.

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