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Compliance
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November 03, 2025
CarMax's Hype Over Sales Ignored Tariff Fears, Investors Say
CarMax investors filed a proposed securities class action in Maryland federal court Monday alleging its executives recklessly overhyped the used vehicle seller's growth potential and assured positive results for "years to come" when it should have known its sales bump was due to consumers purchasing cars ahead of anticipated tariffs.
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November 03, 2025
Global Privacy Regulators Set Sights On Kids' Data Protection
A global network of more than 30 national data protection authorities is conducting an enforcement sweep to examine how websites and mobile apps commonly used by children are handling and protecting minors' personal information, the group announced Monday.聽
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November 03, 2025
Pharmacies Seek Cert. In Cholesterol Drug Price-Fixing MDL
A group of indirect reseller plaintiffs urged a Pennsylvania federal judge on Friday to certify a nationwide class of thousands of pharmacies that indirectly purchased the cholesterol medication pravastatin in sprawling multidistrict litigation over alleged price-fixing in the generic drug industry.
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November 03, 2025
Biotech Co. Agrees To Reforms After Co-Founder's Conviction
Executives of the company formerly known as Enochian BioSciences Inc. have agreed to implement a series of corporate reforms to end shareholder derivative claims that they breached their fiduciary duty when聽a company co-founder聽it hailed as a "genius" was accused of both a murder-for-hire plot and falsifying research data.
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November 03, 2025
BofA Says It's Fielding 'Fair Access' Regulatory Inquiries
Bank of America Corp. has told investors it is facing government scrutiny tied to President Donald Trump's push to crack down on alleged political and religious discrimination by financial institutions.
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November 03, 2025
DOJ Taps Hall Render Atty As UnitedHealth Merger Monitor
The U.S. Department of Justice asked a Maryland federal judge Monday to appoint a Hall Render Killian Heath & Lyman PC shareholder as compliance monitor as part of the settlement allowing UnitedHealth Group's merger with Amedisys.
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November 03, 2025
Dems Demand FTC Probe Into Surveillance Co.'s Data Use
Two Democratic U.S. lawmakers urged the Federal Trade Commission on Monday to investigate Flock Safety over its purported failure to implement adequate cybersecurity measures, saying the surveillance technology company has exposed Americans' personal data to theft by hackers and foreign spies.
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November 03, 2025
5th Circ. Wary Of Greenlighting Texas Content Filter Law
A Fifth Circuit panel seemed wary of Texas' argument that it should decide the constitutional merits of a new state law that forces companies to filter content for underage users, saying Monday the district court ought to get a chance to hear more evidence.
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November 03, 2025
Oncology Co. Board Hit With Suit Over Product Growth Claims
Executives and directors of radiopharmaceuticals company Lantheus Holdings Inc. have been hit with an investor's derivative suit accusing them of allowing the company to misrepresent the growth potential of its key product used to detect prostate cancer.
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November 03, 2025
Feds Seek 5 Years For Samourai Wallet Crypto Mixer Operators
Federal prosecutors are seeking 60 months imprisonment for each of the operators of crypto mixer Samourai Wallet, while the men both argued that their initial intention to build a legitimate privacy service favors more lenient treatment.
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November 03, 2025
Judge Denies New Trial In SuperValu Whistleblower Drug Case
An Illinois federal judge has refused to grant a new trial to whistleblowers who said grocery chain SuperValu systematically overbilled the government for prescription drugs, finding there was no issue with jury instructions on causation.
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November 03, 2025
OpenAI Sets Policy Against Legal, Medical Advice
OpenAI has updated its user policy across its artificial intelligence platforms, including ChatGPT, saying its products can't be used by individuals to provide any legal or medical advice.
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November 03, 2025
'Pay-To-Pay' PenFed Fee Class Scores Cert. In West Virginia
A West Virginia federal judge granted certification Monday to a class of borrowers who claim Pentagon Federal Credit Union illegally charged them a $5 fee for making loan payments by phone or online, finding that the class meets all the requirements for certification.
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November 03, 2025
W.Va., Chamber Say NY Climate Superfund Law Is Preempted
States and business groups on Friday told a New York federal judge that the state Climate Change Superfund Act is preempted by the Constitution and the Clean Air Act and should be struck down.
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November 03, 2025
2nd Circ. Urged To Revive Norfolk Southern Fraud Suit
The Second Circuit was told Friday that a proposed securities fraud class action against Norfolk Southern Corp. investors should be revived, as the rail giant misled investors by falsely extolling safety commitments while the company winnowed its workforce and cut costs.
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November 03, 2025
OpenAI Seeking Rejected DOJ Search Fixes, Google Says
Google urged a D.C. federal judge Monday not to let OpenAI wade into the U.S. Department of Justice's case against its search monopoly, arguing the ChatGPT maker is too late and is advocating for help "grounding" its artificial intelligence model, even though the judge explicitly rejected just such a remedy.
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November 03, 2025
Meat Giant JBS Inks $1.1M NY AG Deal Over Climate Claims
New York Attorney General Letitia James announced Monday that JBS USA Food Co. and an affiliated holding company will pay $1.1 million to support climate-focused agriculture programs in the state as part of a settlement over allegations they misled the public about efforts to reduce their carbon footprint.
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November 03, 2025
IEX Blasts Citadel Securities' 'Campaign' To Block Exchange
Investors Exchange LLC is pushing back against Citadel Securities LLC's attempt to stop it from going live with a new options exchange, telling the Eleventh Circuit that the high-frequency trading firm has run a decade-long "campaign to impede IEX and preserve its competitive advantages."
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November 03, 2025
FINRA Fines Firm $10M Over Excessive Client Gifts
The Financial Industry Regulatory Authority accused Illinois-based securities wholesaler First Trust Portfolios LP of repeatedly violating gift-giving rules to incentivize clients to sell its products, fining the firm $10 million for buying clients tickets to sporting events and concerts "that significantly exceeded FINRA limits."
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November 03, 2025
3rd Circ. Says FBI, US Attorneys Fumbled FOIA Requests
The Third Circuit partially revived a Freedom of Information Act lawsuit lodged by a man convicted of mortgage fraud on Monday, agreeing that the Federal Bureau of Investigation and the Executive Office for United States Attorneys lacked justification for failing to give him certain information he asked for.
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November 03, 2025
SafeSport Says Coach's Claims Fail After His Arbitration Win
U.S. Gymnastics officials have asked a New Jersey federal court to toss the lawsuit brought by a coach who was temporarily suspended over abuse allegations, arguing he lacks standing to bring his case in court since he was reinstated following arbitration and there is no relief to provide.
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November 03, 2025
Mass. Justices Hint Charter Schools Must Obey Records Law
Justices on Massachusetts' highest court on Monday appeared skeptical of arguments that a publicly funded charter school, unlike its city- and town-operated counterparts, is not subject to the state's public records law.
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November 03, 2025
2 Doctrines Likely To Direct Justices' Review Of Trump Tariffs
When the U.S. Supreme Court聽hears oral arguments Wednesday over whether President Donald Trump can impose tariffs under the International Emergency Economic Powers Act, it will likely test two doctrines the justices have recently considered: the major questions and nondelegation doctrines.
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November 03, 2025
Parking Lot Sign Isn't A Contract, Drivers Tell Fla. Court
A proposed class of individuals suing a Georgia company for allegedly accessing confidential DMV records urged a Florida federal court to let their amended lawsuit proceed, saying it can't win on its argument that the text of a street sign showing the consequences of nonpayment for parking constitutes a contract.
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November 03, 2025
DC Circ. Fight Grows Over Energy Dept.'s Coal Plant Order
The U.S. Department of Energy is facing an expanded challenge over its move to keep a Michigan coal-fired power plant open, as Illinois and Minnesota have asked the D.C. Circuit to overturn the agency's extension of its emergency order through Nov. 19.
Expert Analysis
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Navigating Brazil's Regulations, Incentives For Green Projects
Brazil's evolving environmental regulatory framework and ongoing moves to attract international capital for climate-focused projects may appeal to U.S.-based companies and investors interested in sustainable development 鈥 but taking advantage of these opportunities requires careful planning and meaningful stakeholder engagement, says Milena Angulo at Guimar茫es.
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Potential Paths To Modernizing The Bank Secrecy Act
The Bank Secrecy Act's analog design has become increasingly incompatible with today's digital financial ecosystem, but legislative reforms, coupled with regulatory adjustments including updated thresholds, feedback mechanisms and innovation sandboxes, would help adjust the act to the unique challenges of modern technology, says Matthew Biben at King & Spalding.
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DOJ Memo Shifts Interpretation Of Discrimination Laws
While the recent memorandum targeting federal funding recipients' unlawful discrimination reiterates some long-standing interpretations of antidiscrimination law, it takes stronger positions on facially neutral practices and race-conscious recruiting that federal courts and prior administrations have not treated as unlawful, say attorneys at Pillsbury.
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Preparing For DEA Rescheduling Of 2 Research Chemicals
A recent decision to allow the U.S. Drug Enforcement Administration to reclassify two research psychedelics in Schedule I under the Controlled Substances Act may pose significant barriers to scientific study, including stringent registration requirements, heightened security protocols and burdensome reporting obligations, say Kimberly Chew at Husch Blackwell and Jackie von Salm at Psilera.
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Data Center Construction Trends, Challenges In Ill. And Texas
Data centers in Illinois and Texas are reshaping the industrial landscape, but this growth brings legal complexity, so developers, contractors and corporate legal departments must have a deep understanding of each state's legal terrain and take a proactive approach to risk management, say attorneys at Hicks Johnson.
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Definitions Of 'Waters Of The United States' Ebb And Flow
The issue of defining whether "waters of the United States" include streams and channels that sometimes have water and sometimes do not has been fraught since the U.S. Supreme Court's 2006 Rapanos decision, but a possible new rule may help property owners stay out of court, says Neal McAliley at Carlton Fields.
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A Change In Big Pharma Response To FTC Delisting Warnings
While the effect of Federal Trade Commission notices to pharmaceutical companies about allegedly improper patent listings in the U.S. Food and Drug Administration's Orange Book had been de minimis through the end of last year, July data shows an increase in delistings, say Ratib Ali and Celia Lu at Competition Dynamics.
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Texas Property Law Complicates Financing And Development
A new Texas law imposing expansive state-level restrictions on properties owned by entities from designated countries creates a major obstacle for some lenders, developers and other stakeholders, as well as new diligence requirements for foreign companies, say attorneys at Pillsbury.
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How Sustainability Reporting Changed In The 1st Half Of 2025
Sustainability reporting is evolving rapidly, with fewer S&P 500 companies publishing reports in the first half of 2025 than in the same period last year, suggesting that companies are becoming more selective and intentional about their reporting, say analysts at Orrick.
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As Product Recalls Rise, So Do The Stakes For The Bar
Recent recall announcements affecting over 800,000 Ford vehicles highlight how product recalls have become more frequent, complex and safety-critical than ever, raising key practice questions for counsel, and raising the stakes in product liability litigation, says Ken Fulginiti at Fulginiti Law.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Lessons From Liberty Mutual FCPA Declination
Liberty Mutual鈥檚 recent Foreign Corrupt Practices Act resolution with the U.S. Department of Justice signals that the Trump administration is once again considering such declinations after an enforcement pause, offering some assurances for companies regarding the bene铿乼s of voluntary self-disclosure, say attorneys at Paul Weiss.
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3 Rulings Show Hurdles To Proving Market Manipulation Fraud
Three recent conviction reversals from New York federal courts highlight the challenges that prosecutors face in establishing fraud and market manipulation allegations, suggesting that courts are increasingly reluctant to find criminal liability when novel theories are advanced, say attorneys at WilmerHale.
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Drafting M&A Docs After Delaware Corp. Law Amendments
Attorneys at Greenberg Traurig discuss how the March and June amendments to the Delaware General Corporation Law affect the drafting of corporate and M&A documents, including board resolutions, governing documents, and books and records demands.
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.