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Compliance
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July 07, 2025
Catching Up With Delaware's Chancery Court
In Delaware in the past week, a vice chancellor awarded just $1 in damages to a China-tied company looking to secure a $50 million stake in SpaceX while also slamming the fund's manager for acting "insincerely," Tyson Foods won $55 million in damages in a suit claiming the owner of two poultry rendering plants Tyson acquired hid that it relied on a "disfavored" practice of recovering "unappetizing remnants of butchered chickens," and a suit over a one-site bank's 11-aircraft fleet was moved into the discovery phase.
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July 07, 2025
J&J Unit Looks To Wipe Out $442M Catheter Antitrust Loss
Johnson & Johnson health tech unit Biosense Webster has asked a California federal court to throw out Innovative Health's $442 million trial win in a case accusing Biosense of conditioning product support for its cardiac mapping systems on the purchase of cardiac catheters.
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July 03, 2025
SEC Signals Openness To Novel Crypto ETPs
The U.S. Securities and Exchange Commission appears to be laying the groundwork to approve increasingly innovative crypto exchange-traded products with a staff statement on disclosure expectations and the recent approval of a novel fund, but experts said the commission's openness comes with a focus on fulsome disclosure.
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July 03, 2025
FDIC's Consumer Compliance Enforcement Surged In 2024
The Federal Deposit Insurance Corp. hit banks with a surge of consumer protection-related enforcement actions in the final year of the Biden administration, issuing the largest total dollar amount of fines in almost a decade, according to a new report from the agency.
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July 03, 2025
Real Estate Recap: CEQA, Data Center Energy, Midyear Views
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney insight into this week's reforms to the California Environmental Quality Act, how states are approaching energy demand for data center projects, and where the commercial and residential real estate sectors stand at the midyear.
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July 03, 2025
CEO Seeks Exit From Crypto Investors' Fraud Suit
The alleged co-CEO of purported crypto projects accused of duping investors out of tens of millions of dollars with false promises of returns has filed a motion to escape the suit, arguing he was not involved with the formation of the projects.
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July 03, 2025
Dems Query Banks On Any Zelle Fraud Link To Social Media
Top Democratic lawmakers are questioning major banks on how they're protecting customers from "significant scams and fraud" via Zelle, in light of JPMorgan Chase's recent decision to block transactions that originate from social media on the peer-to-peer payment platform.
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July 03, 2025
Youths Urge 9th Circ. To Revive Federal Equal Protection Case
A group of youths is asking the Ninth Circuit to revive its lawsuit alleging the U.S. Environmental Protection Agency and the Office of Management and Budget are violating the youngsters' constitutional rights by not properly protecting them from climate change.
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July 03, 2025
ÃÛÌÒÊÓÆµ Funding Cut Could Alter Injunction Calculus At DC Circ.
The steep funding cut that Republicans have passed for the Consumer Financial Protection Bureau could strengthen the Trump administration's position in its court fight to resume downsizing the agency, even if it doesn't directly resolve the legal questions at play.
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July 03, 2025
Biggest Environmental Law Decisions Of 2025: Midyear Report
The first half of 2025 saw the U.S. Supreme Court impose limitations on water permit requirements, as well as key decisions in lower courts in climate change and environmental justice cases. Here, Law360 takes a look at some of the biggest environmental law rulings of 2025.
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July 03, 2025
Colo. Sales Tax Applies To Netflix Subscriptions, Court Rules
Netflix's streaming services in Colorado are tangible personal property subject to sales tax, a state appeals court ruled, reversing a district court's finding that the subscriptions were not taxable under state law because they were not tangible physical items.
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July 03, 2025
Detroit Hits Crypto Real Estate Co. With Major Nuisance Suit
The city of Detroit has sued Real Token LLC, a cryptocurrency real estate company, alleging it allowed hundreds of properties to fall into severe disrepair while incurring hundreds of thousands of dollars in unpaid blight fines and property taxes.
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July 03, 2025
FCC Aims To Advance Fast-Track Process For Removing Regs
The Federal Communications Commission plans to vote this month on whether to employ a fast-track procedure to remove regulations that are deemed obsolete without having to go through the typical process of first issuing a public notice and soliciting comment.
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July 03, 2025
Plumbing Co. Seeks $25M In Coverage For ERISA Claims
A plumbing subcontractor told a California federal court that its primary insurer was improperly limiting its coverage in an employee stock ownership plan dispute, hindering its ability to tap into its full $25 million tower of management liability coverage.
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July 03, 2025
4 Things To Watch At DOL In 2025's 2nd Half
Management-side attorneys are expecting a shakeup at the U.S. Department of Labor if President Donald Trump's pick to lead the agency's employee benefits arm wins Senate confirmation. Here, Law360 looks at four issues that employee benefits experts say they'll be monitoring at the DOL in the latter half of the year.
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July 03, 2025
Circuit-By-Circuit Recap: Justices Send Message To Outliers
It was a tough term at the U.S. Supreme Court for two very different circuits — one solidly liberal, one solidly conservative — that had their rulings overturned in eye-popping numbers. But it was another impressive year for a relatively moderate circuit that appears increasingly simpatico with the high court.
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July 03, 2025
States Still Oppose Florida's Generic Drug Deal With Sandoz
States accusing generic-drug makers of fixing prices are continuing to object to a $10 million settlement struck between Florida and Sandoz, arguing that it limits their ability to negotiate deals while letting the Sunshine State benefit without participating in the litigation.
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July 03, 2025
The Moments That Shaped The Universal Injunction Case
The U.S. Supreme Court voted along ideological lines when it hindered the ability of federal district court judges to issue nationwide pauses on presidential policies, but that outcome didn't seem like a foregone conclusion during oral arguments earlier this year. What do the colloquies suggest about the justices' thinking? Here are some moments that may have swayed them.
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July 03, 2025
4th Circ. Dismisses Naval Academy Admissions Appeal
The Fourth Circuit has tossed an appeal challenging the U.S. Naval Academy's consideration of race in its admissions, deeming it to be moot after a Trump administration executive order spurred the academy to change its policy.
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July 03, 2025
Pacific Seafood Faces CWA Suit For Alleged Permit Violations
The Center for Food Safety and Wild Fish Conservancy hit Pacific Seafood Aquaculture LLC with a Clean Water Act citizen suit alleging it has failed to comply with permit terms for three Columbia River net pen facilities, each producing more than 20,000 pounds of rainbow trout annually.
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July 03, 2025
Ex-Treasury Official Joins Covington's Nat'l Security Practice
Covington & Burling LLP has boosted its national security practice with the hire of the former head of the U.S. Department of the Treasury's Office of Terrorism and Financial Intelligence under former President Barack Obama's administration as of counsel.
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July 03, 2025
DHS Aims To Implement Biometric Tracking For Noncitizens
The U.S. Department of Homeland Security is planning to revive a policy proposal from the first Trump administration to implement facial recognition technology as part of a comprehensive biometric system to track the entry and exit of noncitizens.
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July 03, 2025
HHS Ordered To Restore Data Axed Under 'Gender Ideology' EO
The U.S. Department of Health and Human Services must restore a swath of webpages and datasets it took down following a Trump administration executive order seeking to root out references to so-called gender ideology, a D.C. federal judge ruled.
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July 03, 2025
FCC Waives Lifeline Voice, Mobile Changes For 1 Year
The Federal Communications Commission has once again postponed two changes to its Lifeline subsidy program, delaying the phase-out of support for voice-only services that were originally meant to push users toward broadband and keeping minimum broadband data standards at 4.5 gigabytes per month for at least an extra year.
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July 03, 2025
The Firms That Won Big At The Supreme Court
The number of law firms juggling three or more arguments before the U.S. Supreme Court this past term nearly doubled from the number of firms that could make that claim last term.
Expert Analysis
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How Ending OFCCP Will Affect Affirmative Action Obligations
As President Donald Trump's administration plans to eliminate the Office of Federal Contract Compliance Programs, which enforces federal contractor antidiscrimination compliance and affirmative action program obligations, contractors should consider the best compliance approaches available to them, especially given the False Claims Act implications, say attorneys at Ogletree.
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Rising Enforcement Stakes For Pharma Telehealth Platforms
Two pieces of legislation recently introduced in Congress could transform the structure and promotion of telehealth arrangements as legislators increasingly scrutinize direct-to-consumer advertising platforms, potentially paving the way for a new U.S. Food and Drug Administration policy with bipartisan support, say attorneys at Sheppard Mullin.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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One Year On, Davidson Holds Lessons On 'Health Halo' Claims
A year after the Ninth Circuit's Davidson v. Sprout Foods decision — which raised the bar for so-called health halo claims — food and beverage companies can draw insights from its finding, subsequently expanded on by other courts, that plaintiffs must be specific when alleging fraud in healthfulness marketing, say attorneys at Sidley.
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3 Judicial Approaches To Applying Loper Bright, 1 Year Later
In the year since the U.S. Supreme Court overturned Chevron deference in its Loper Bright Enterprises v. Raimondo decision, a few patterns have emerged in lower courts’ application of the precedent to determine whether agency actions are lawful, say attorneys at Husch Blackwell.
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Navigating Antitrust Risks When Responding To Tariffs
Companies should assess competitive perils, implement compliance safeguards and document independent decision-making as they consider their responses to recent tariff pressures, say attorneys at White & Case.
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Bill Leaves Renewable Cos. In Dark On Farmland Reporting
A U.S. Senate bill to update disclosure requirements for foreign control of U.S. farmland does not provide much-needed guidance on how to report renewable energy development on agricultural property, leaving significant compliance risks for project developers, say attorneys at Hodgson Russ.
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How State AG Consumer Finance Enforcement Is Expanding
As the Consumer Financial Protection Bureau becomes less active, state attorneys general are increasingly shaping the enforcement landscape for consumer financial services — and several areas of focus have recently emerged, say attorneys at Morgan Lewis.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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Opinion
FCPA Shift Is A Good Start, But There's More DOJ Should Do
The U.S. Department of Justice’s new Foreign Corrupt Practices Act guidelines bring a needed course correction amid overexpansive enforcement, but there’s more the DOJ can do to provide additional clarity and predictability for global companies, say attorneys at Norton Rose.
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Opinion
IRS Should Work With Industry On Microcaptive Regs
The IRS should engage with microcaptive insurance owners to develop better regulations on these arrangements or risk the emergence of common law guidance as taxpayers with legitimate programs seek relief in the federal courts, says Dustin Carlson at SRA 831(b) Admin.
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How Providers Can Brace For Drug Pricing Policy Changes
Though it's uncertain which provisions of the Trump administration's executive order aimed at addressing prescription drug costs will eventually be implemented, stakeholders can reduce potential negative outcomes by understanding pathways that could be used to effectuate the order's directives, say attorneys at McDermott.
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FLSA Interpretation Patterns Emerge 1 Year After Loper Bright
One year after the U.S. Supreme Court's monumental decision in Loper Bright Enterprises v. Raimondo, four distinct avenues of judicial decision-making have taken shape among lower courts that are responding to their newfound freedom in interpreting the Fair Labor Standards Act through U.S. Department of Labor regulations, say attorneys at Kutak Rock.
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Comparing New Neural Data Privacy Laws In 4 States
Although no federal law yet addresses neural privacy comprehensively, the combined effect of recent state laws in Colorado, California, Montana and Connecticut is already shaping the regulatory future, but a multistate compliance strategy has quickly become a gating item for those experimenting with neuro-enabled workplace tools, says Kristen Mathews at Cooley.
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2025's First Half Brings Regulatory Detours For Fintechs
The first half of the year has resulted in a bifurcated regulatory environment for fintechs, featuring narrowed enforcement in some areas, heightened scrutiny in others and a policy window that, with proper compliance, offers meaningful opportunities for innovation, say attorneys at Sheppard Mullin.