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Compliance
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August 22, 2025
JPMorgan Agrees To Pay $330M To Resolve 1MDB Allegations
JPMorgan Chase has agreed to pay $330 million to Malaysia's Assets Recovery Trust Account to resolve allegations the bank's Swiss unit facilitated transfers associated with the 1Malaysia Development Berhad, or 1MDB, according to a joint announcement made Friday.
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August 22, 2025
Employment Authority: Fallout Of 5th Circ. NLRB, SpaceX Row
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with a look at the Fifth Circuit's decision finding SpaceX and other employers demonstrated that removal protections for NLRB members likely violate the U.S. Constitution, what experts have to say about the U.S. Equal Employment Opportunity Commission's approach to employers' accommodation obligations and how federal courts have viewed the Second Circuit's 2015 decision about approval for private Fair Labor Standards Act settlements.
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August 22, 2025
Startup Accelerator Backs Epic In Apple Case At 9th Circ.
Startup accelerator Y Combinator is backing Epic Games as Apple asks the Ninth Circuit to nix an order blocking it from charging commissions on app purchases made outside its payment system, telling the appeals court Apple "blatantly violated" a previous order.
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August 22, 2025
Bank Must Produce Records On Prepaid Debit Card Program
Former inmates accusing Central Bank of Kansas City of charging excessive fees on prepaid debit cards will be allowed to access certain records maintained by the financial service contractors the bank used to administer the cards, a Washington federal magistrate judge determined.
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August 22, 2025
NYC Mall Lenders, Developer Ax Foreign Investor Suit
A New York federal judge dismissed foreign investors' suit over the loss of their investment in a New York City mall project, finding they failed to prove their investments were lost because parties allowed their funds to be subordinated to later financing provided by a Goldman Sachs affiliate.
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August 22, 2025
CFTC Seeks Industry Input On White House Crypto Recs
The Commodity Futures Trading Commission is asking crypto stakeholders to share feedback on recommendations in the White House's digital asset report as the agency continues a "crypto sprint" toward their implementation.
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August 22, 2025
New York City Clears Waymo To Test Self-Driving Cars
Waymo LLC received the green light to begin testing its self-driving cars in New York City after scoring a permit Friday that could pave the way for autonomous vehicles to roll out in one of the nation's most heavily congested cities.
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August 22, 2025
Green Groups Lodge 5th Circ. Challenge Over La. LNG Permits
Environmentalists have asked the Fifth Circuit to cancel air permits issued by Louisiana environmental regulators for a liquefied natural gas export terminal, saying the permits were unlawfully issued and will increase pollution for nearby communities.
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August 22, 2025
ÃÛÌÒÊÓÆµ Inks Synapse Deal That Opens Door To Consumer Relief
The Consumer Financial Protection Bureau has reached a settlement with the bankruptcy trustee for Synapse Financial Technologies Inc. that could unlock millions of dollars in relief for consumers whose funds were stranded in the middleware provider's collapse.
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August 22, 2025
Canada To Toss Tariffs On US Goods Under USMCA
The Canadian government will remove retaliatory tariffs on U.S. goods that comply with the United States-Mexico-Canada Agreement, excluding steel, aluminum and automobiles, in a move aimed at jump-starting trade talks akin to an exemption made by the U.S. government, Canada's prime minister said Friday.
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August 22, 2025
Under Trump, White Collar Crypto Defense Gets New Playbook
White collar lawyers are crafting new blueprints for crypto-related civil and criminal defense amid the Trump administration's embrace of the industry and the financial world’s growing acceptance of cryptocurrency as a legitimate asset.
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August 22, 2025
Trump Admin Pauses Visas For Commercial Truck Drivers
Truck drivers are the newest target of the Trump administration's escalating immigration crackdown, with the government announcing that it will not be issuing any more worker visas for commercial truck drivers.
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August 22, 2025
GC Cheat Sheet: The Hottest Corporate News Of The Week
Large-company general counsel in a survey picked lawyers at Littler, Greenberg Traurig and McGuireWoods at the top of their all-star list for exceptional service. While talks continue, the EU and U.S. have agreed to new trade agreement terms that end EU tariffs on industrial products from the U.S.
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August 22, 2025
FTC Can't Pause Order Blocking Media Matters Probe
A D.C. federal court refused on Friday to pause an order blocking the Federal Trade Commission's investigation into left-leaning watchdog Media Matters for America, saying the group is likely to show the probe over potential collusion in the ad industry was retaliatory.
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August 22, 2025
Judge Can't Become Public Defender After Not Practicing Law
A California state appellate panel has ruled that a sitting superior court judge is ineligible to serve as public defender because he had not been a practicing attorney in the state's courts for the year before he sought the appointment.
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August 22, 2025
Tribe Member Can't Discharge Tax Debt, 10th Circ. Affirms
An Oklahoma federal court correctly affirmed a bankruptcy court's refusal to reopen a case brought by a member of the Muscogee Creek Nation who claimed his tax debt should have been discharged in bankruptcy, the Tenth Circuit said.
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August 22, 2025
Real Estate AI Co. Can't Dodge $100M Share Deal Breach Suit
A New York federal judge has mostly denied reAlpha Tech Corp.'s bid to toss a Luxembourg-based investment firm's suit seeking to enforce a $100 million share purchase agreement, rejecting reAlpha's arguments seeking to toss the suit's breach of contract and damages claims but dismissing the plaintiff's declaratory judgment claim.
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August 22, 2025
Hometap Can't Escape Mass. AG's Consumer Protection Suit
A Massachusetts judge has rejected arguments from financial startup Hometap that existing consumer protection and debt collection laws do not apply to its "novel" home equity product, denying the company's motion to dismiss a suit brought by the state's attorney general.
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August 22, 2025
DC Circ. Rejects NM Ranchers' Bird Protection Challenge
The D.C. Circuit on Friday rejected New Mexico ranchers' challenge to the federal government's decision to preserve Endangered Species Act protections for a small, migratory songbird.
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August 22, 2025
PE Industry Primed To Capitalize On Trump 401(k) Order
The Trump administration recently said it would reduce regulatory obstacles to retirement plans investing in alternative assets such as private equity, and while attorneys cautioned it could carry risks, they generally applauded the move towards "democratizing capital."
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August 22, 2025
IRS Guidance Sparks Mixed Reaction For Solar, Wind Projects
The IRS recently narrowed the way large solar and wind energy development projects can set their construction start dates to qualify for certain tax credits, a change offering relief for some developers but new hurdles for others depending on the stage, type and size of the project.
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August 22, 2025
BBK Taps Gov't Affairs Director From Interior Leadership
Best Best & Krieger LLP has hired a U.S. Department of the Interior leader who helped advance drought resilience plans and advise the agency's secretary on water and science policy as the new director of its government affairs group, the firm announced.
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August 22, 2025
Real Estate Recap: 401(k) Boost, Eyes On Florida
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney insights into what President Donald Trump's executive order on retirement fund investing means for real estate assets, as well as the biggest issues Florida real estate practitioners are watching in the second half of 2025.
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August 21, 2025
Google Got App Data Profits After Pledging Privacy, Jury Told
A computer scientist testifying in a multibillion-dollar privacy lawsuit alleging Google LLC illegally collected data from 98 million cellphone users who had opted out of tracking told a California federal jury Thursday that the tech giant stores information about their app use in a "shadow account" and uses it to sell ads.
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August 21, 2025
FTC Warns Tech Cos. To Honor Data Vows In Foreign Dealings
The head of the Federal Trade Commission on Thursday cautioned Meta, Google, Apple, Amazon and other major tech companies to refrain from weakening data security protections or censoring content in response to pressure from foreign governments, reminding them that reneging on promises they make to U.S. consumers could land them in hot water with the agency.
Expert Analysis
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Assessing New Changes To Texas Officer Exculpation Law
Consistent with Texas' recent modernization of its corporate law, the recently passed S.B. 2411 allows officer exculpation, streamlines certificate of formation amendments, authorizes representatives to act on shareholders' behalf in mergers and makes other changes aimed toward companies seeking a more codified, statutory model of corporate governance, say attorneys at Bracewell.
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Is SEC Moving Away From Parallel Insider Trading Cases?
The U.S. Securities and Exchange Commission's apparent lack of follow-up in four recent criminal cases of insider trading brought by the Justice Department suggests the SEC may be reconsidering the expense and effort of bringing parallel civil charges for insider trading, say attorneys at Dentons.
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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.