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Compliance
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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.
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August 21, 2025
Aerospace Co. Must Face Ex-Exec's Claim Of Wrongful Firing
A New Jersey federal judge cut defamation claims brought against an aerospace hardware company by its former president on Thursday, but allowed his wrongful-termination claims to proceed, finding that he sufficiently pled a causal connection between his protected whistleblowing activities and his firing.Â
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August 21, 2025
Tribe Sues Kalshi, Robinhood To Block 'Gaming Racket'
A Wisconsin Native American tribe accused trading platforms Kalshi and Robinhood of running a gambling racket through their offering of sports event contracts in a suit that seeks to permanently bar the firms from serving users on the tribe's land.
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August 21, 2025
'Sustainable' Fintech Leader Cops To $248M Investor Fraud
The co-founder of bankrupt financial services company Aspiration Partners Inc. agreed on Thursday to plead guilty to defrauding investors and lenders.
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August 21, 2025
SBA Proposes Increasing Small Business Size Thresholds
The Small Business Administration has proposed increasing the monetary thresholds for what it considers to be a small business across 263 industries, creating a larger pool of small businesses for federal agencies to secure services from.
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August 21, 2025
Family Urges 5th Circ. To Hold Penske Liable For Fatal Crash
The family of a man killed in a 2018 collision has told the Fifth Circuit that freight broker Penske cannot claim ignorance to escape liability for negligently hiring the unsafe motor carrier and driver who caused the Texas accident.
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August 21, 2025
Home Depot's $5.5B GMS Deal Gets DOJ Clearance
The U.S. Department of Justice has prematurely ended a waiting period that prevented Home Depot's $5.5 billion acquisition of building products distributor GMS Inc. from closing, a day before the home improvement retailer's Friday cash tender offer expiration date, Home Depot announced on Thursday.
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August 21, 2025
Appeals Court Says Dallas Must Release Discrimination Records
A Texas appeals court ruled Thursday that the city of Dallas has to turn over records on a federal housing discrimination investigation to The Dallas Morning News, saying the information was not exempt from public disclosure.
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August 21, 2025
Amazon Must Yield To DOL Expense Subpoena, 9th Circ. Says
Amazon has to comply with the U.S. Department of Labor's demands for data on travel reimbursements paid to supervisors sent to New York to dissuade warehouse workers from unionizing, a Ninth Circuit panel said on Thursday, concluding the information is germane to an agency probe of potential reporting violations. Â
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August 21, 2025
Biz Groups Appeal Calif. Climate Reporting Ruling To 9th Circ.
The U.S. Chamber of Commerce and other business groups have appealed a court order rejecting their bid to block new California state regulations requiring large companies to publicly disclose their greenhouse gas emissions and climate-related financial risks that they claim violate their First Amendment rights.
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August 21, 2025
Consumer Advocates Blast FERC Inaction On Power Auction
Consumer advocates and municipal utilities have told the D.C. Circuit that the Federal Energy Regulatory Commission can't use a Third Circuit ruling to claim it is powerless to prevent the rerunning of a flawed electricity capacity auction that overcharged consumers by $183 million.
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August 21, 2025
States Urge 2nd Look At $185M Metals Fraud Ruling
State regulators are asking a Texas federal judge to reconsider a ruling that threatens a $185 million fraud case before it can be brought to trial in October, saying that the judge contradicted ruling precedent when he decided that metals like gold and silver don't qualify as commodities in some instances.
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August 21, 2025
DC Circ. Lets Trump's NCUA Board Purge Stand Amid Appeal
A D.C. Circuit panel said Thursday that the Trump administration can continue blocking two ousted National Credit Union Administration leaders from returning to the agency's board while it appeals a lower-court ruling reinstating them.
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August 21, 2025
Pro-Israel Group Seeks Sanctions Against Fired Emory Prof
A pro-Israel foundation has demanded a Georgia federal court sanction a Palestinian-American former Emory University professor who said the foundation was complicit in her ouster from the school, arguing the professor and her attorney have baselessly blamed "an imaginary Jewish conspiracy" for her firing.
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August 21, 2025
9th Circ. Rejects Rehearing On Alaskan Willow Oil Project
A Ninth Circuit panel won't undo its ruling to uphold the federal government's decision to only move forward with alternative versions of the ConocoPhillips Willow project that strayed from its original plans and that Alaskan Native and environmental advocacy groups say will result in full development of the Arctic oil reservoir.
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August 21, 2025
sa¹ú¼Ê´«Ã½ Calls For Input On Open-Banking Fees, Access Issues
The Consumer Financial Protection Bureau is taking a first step toward reopening its Biden-era open-banking rule, issuing a fresh call for comment on key sticking points that have divided banks and fintech firms and become a focus of industry litigation.
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August 21, 2025
GTCR Deal A 'Smokescreen' For Coatings Merger, FTC Says
GTCR BC Holdings LLC's $627 million bid to buy the nation's largest medical device coatings company is a blatant attempt to overwhelmingly dominate an already highly concentrated market, and the "smokescreen" of a partial divestiture shouldn't convince anyone otherwise, the Federal Trade Commission told an Illinois federal judge Thursday.
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August 21, 2025
Trump Urges DC Circ. Not To Review Its Foreign Aid Decision
The Trump administration is urging the D.C. Circuit to leave its panel's split decision that nonprofits can't force the government to release foreign aid in place, arguing that full en banc review is unnecessary and that private enforcement of the Impoundment Control Act would run afoul of the law.
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August 21, 2025
Roblox Hit With New Accusations Of Child Safety Shortfalls
The Roblox Corp. prioritized growth and profits over child safety, opening the door to sexual exploitation, a North Carolina mother claimed in the latest complaint the tech giant faces over alleged safety shortfalls.Â
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August 21, 2025
Texas AG Can't Question NGO Over Alleged Border Crossing Aid
A Texas appellate court shot down the state attorney general's request to take a presuit deposition from an aid organization that allegedly helped unauthorized immigrants cross the southern border, saying in a Thursday split decision the attorney general failed to show adequate evidence.
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August 21, 2025
Epic Says Google Can't Dodge App Store Trade Libel Claims
Video game and software developer Epic Games Inc. has told a California federal court that Google LLC can't eschew remaining state law claims in a trade libel suit because the alleged harms are new, not resurrected from claims in a separate case.
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August 21, 2025
NHTSA Looking Into Tesla Crash Report Tardiness
Tesla Inc. must explain why many crashes involving its advanced driver-assistance systems or self-driving vehicles are not being timely reported to the National Highway Traffic Safety Administration, according to a notice filed by federal regulators who are now investigating the company's compliance.
Expert Analysis
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High Court Cert Spotlights Varying Tests For Federal Removal
A recent decision by the U.S. Supreme Court to review Chevron v. Plaquemines Parish, a case involving the federal officer removal statute, highlights three other recent circuit court decisions raising federal removal questions, and serves as a reminder that defendants are the masters of removal actions, says Varun Aery at Hollingsworth.
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How Cos. In China Can Tailor Compliance Amid FCPA Shifts
The U.S. Department of Justice’s recently updated Foreign Corrupt Practices Act enforcement guidelines create a fluid business environment for companies operating in China that will require a customized compliance approach to navigate both countries’ corporate and legal systems, say attorneys at Dickinson Wright.
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7 Ways Employers Can Avoid Labor Friction Over AI
As artificial intelligence use in the workplace emerges as a key labor relations topic in the U.S. and Europe, employers looking to reduce reputational risk and prevent costly disputes should consider proactive strategies to engage with unions, say attorneys at Baker McKenzie.
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Open Banking Is On Ice As sa¹ú¼Ê´«Ã½ Seeks To Toss Its Own Rule
Even as the Consumer Financial Protection Bureau's efforts to toss its open banking rule play out in Kentucky federal court, it remains statutorily required to effectuate consumer access to data, raising questions about how it would replace the previously finalized standard, say attorneys at Cooley.
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SEC, FINRA Obligations In Changing AI Regulatory Landscape
Despite the U.S. Securities and Exchange Commission's recent withdrawal of its proposed artificial intelligence conflict rules, financial regulators remain focused on firms developing the correct AI compliance framework, as well as continuously testing and supervising them to ensure they're fit for purpose, say attorneys at Cahill Gordon.
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Trump Air Emissions Carveouts Cloud The Regulatory Picture
President Donald Trump's new proclamations temporarily exempting key U.S. industries from air toxics standards, issued under a narrow, rarely-used provision of the Clean Air Act, will likely lead to legal challenges and tighter standards in some states, contributing to further regulatory uncertainty, say attorneys at GableGotwals.
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Series
Playing Baseball Makes Me A Better Lawyer
Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.
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What US Medicine Onshoring Means For Indian Life Sciences
Despite the Trump administration's latest moves to onshore essential medicine manufacturing, India will likely remain an indispensable component of the U.S. drug supply chain, but Indian manufacturers should prepare for stricter compliance checks, says Jashaswi Ghosh at Holon Law Partners.
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How US Cos. Should Prep For Brazil's Int'l Data Transfer Rules
Brazil's National Data Protection Authority's new rules concerning the processing and storing of Brazilians' personal data carry significant reputational risks for the e-commerce, financial services, education and health sectors, so U.S. companies with business in Brazil should prepare ahead of the Aug. 23 compliance date, says Juliane Chaves Ferreira at Guimarães & Vieira de Mello.
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APA Relief May Blunt Justices' Universal Injunction Ruling
The Administrative Procedure Act’s avenue for universal preliminary relief seems to hold the most promise for neutralizing the U.S. Supreme Court’s decision in Trump v. CASA to limit federal district courts' nationally applicable orders, say attorneys at Crowell.
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Wells Fargo Suit Shows Consumer Protection Limits In Mass.
The Massachusetts Appeals Court's May decision in Wells Fargo Bank v. Coulsey underscores that consumer rights are balanced against the need for closure, and even the broad protections of state consumer protection law will not open the door to relitigating the same claims, say attorneys at Greenberg Traurig.
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Series
Ohio Banking Brief: All The Notable Legal Updates In Q2
Ohio's financial services sector saw several significant developments in the second quarter of 2025, including a case that confirmed credit unions' setoff rights, another that established contract rights between banks and cardholders, and the House passage of a digital asset bill, say attorneys at Frost Brown.
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Building Better Earnouts In The Current M&A Climate
In the face of market uncertainty, we've seen a continued reliance on earnouts in M&A deals so far this year, but to reduce the risk of related litigation, it's important to use objective standards, apply company metrics cautiously and ensure short time periods, among other best practices, say attorneys at White & Case.
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Managing Risks As State AGs Seek To Fill Enforcement Gap
Given an unprecedented surge in state attorney general activity resulting from significant shifts in federal enforcement priorities, companies must consider tailored strategies for navigating the ever-evolving risk landscape, say attorneys at Cozen O'Connor.
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A Deep Dive Into 14 Nixed Gensler-Era SEC Rule Proposals
The U.S. Securities and Exchange Commission last month formally withdrew 14 notices of proposed rulemaking, including several significant and widely criticized proposals that had been issued under former Chair Gary Gensler's leadership, signaling a clear and definitive shift away from the previous administration, say attorneys at Dechert.