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Compliance
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August 29, 2025
SEC Says Crypto Project Mango Can't 'Undo' $700K Settlement
The U.S. Securities and Exchange Commission is pushing back on cryptocurrency project Mango Labs' bid to undo a nearly $700,000 settlement, saying the project's crypto policy pivot and subsequent dismissal of certain crypto enforcement actions aren't reasons to remedy its "buyers' remorse" over the deal.
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August 29, 2025
SEC Enters New Enforcement Era With Unlikely Leader
As the U.S. Securities and Exchange Commission prepares to welcome a new enforcement director after nearly a year without someone permanently in the role, securities industry insiders are waiting to see how the former military judge will leave her mark on an agency that is already in the midst of transformation.
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August 29, 2025
Amazon Can't Scrap Toilet Paper Suit, Consumers Say
Plaintiffs suing Amazon in a proposed class action that accuses the retail juggernaut of lying to consumers about the environmental impacts of its toilet paper and other paper products said the company's effort to hide behind third-party forestry certifications doesn't justify the suit's dismissal.
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August 29, 2025
Ohio Appeals Common Carrier, Public Utility Bid For Google
The Ohio Attorney General's Office said that enforcers have appealed a pair of state court rulings that refused to subject Google to heightened oversight by declaring its search engine a common carrier or a public utility.
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August 29, 2025
Real Estate Recap: School Housing, Texas Land, Miami Transit
Momentum in the student housing sector, limits to foreign ownership of Texas land and incentives in Miami transit zones were among the key developments covered this week in Law360 Real Estate Authority.
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August 29, 2025
SEC Beats FOIA Suit Over Its Internal Breach
The U.S. Securities and Exchange Commission was not in the wrong for withholding information related to a 2022 internal information breach from a conservative civil rights organization that requested documents on the matter, a Washington, D.C., judge determined, citing the attorney work-product doctrine.
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August 29, 2025
OpenAI Denied Discovery On Musk's Buy Offer, Meta's Role
A California federal magistrate judge blocked further OpenAI discovery into Elon Musk's $97.4 billion offer to buy the ChatGPT maker amid a lawsuit challenging its attempted shift into a for-profit business, finding that discovery on the offer, and any involvement by Meta and CEO Mark Zuckerberg, must wait.
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August 29, 2025
DC Circ. Backs Biden Gulf Drilling Plan Amid Trump Revamp
The D.C. Circuit rejected environmental groups' bid to scale back the U.S. Department of the Interior's 2024-2029 offshore oil and gas leasing program, finding the plan satisfied all legal requirements.
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August 29, 2025
Emigrant Seeks High Court Review Of 'Reverse Redlining' Suit
Emigrant Mortgage Co. has asked the U.S. Supreme Court to review a Second Circuit decision upholding a jury verdict that found the company engaged in "reverse redlining" by targeting Black and Latino homeowners with predatory loans, arguing the appeals court broke with other circuits and made it too easy for borrowers to sue and prove disparate impact.
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August 29, 2025
NJ Casinos Say 9th Circ. Ruling Backs Axing Price-Fixing Suit
A group of Atlantic City casino-hotel owners have asked the Third Circuit to review a recent decision in the Ninth Circuit involving "nearly identical" antitrust claims related to the same software the defendants in both suits used to allegedly orchestrate inflated room rates across a given area.
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August 29, 2025
Norwegian Shipping Co. Pleads Guilty To Pollution Charge
Shipping company V.Ships Norway admitted to illegally dumping oil-contaminated waste in the Atlantic Ocean and was sentenced to pay a $2 million fine, according to the U.S. Department of Justice.
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August 29, 2025
DOJ Targets BigLaw, Big Tech For Antitrust 'Gamesmanship'
The U.S. Department of Justice's top antitrust official singled out technology platforms and the BigLaw attorneys who represent them for "gamesmanship" by hiding key information from merger and conduct investigators, and announced a special task force "to tackle abuses that arise in our investigations."
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August 29, 2025
GardaWorld Can't Avoid Tobacco, Vaccine Health Fee Suit
A North Carolina federal judge trimmed — but refused to toss — a proposed class action challenging a security company's health plan surcharges to employees who refused COVID-19 vaccinations and who use tobacco, opening discovery on claims that the fees violated nondiscrimination provisions in federal benefits law.
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August 29, 2025
Calif. AG Puts Conditions On $24B Walgreens Deal
California enforcers have reached a settlement that puts several conditions on Sycamore Partners' recently completed $24 billion deal for Walgreens Boots Alliance Inc., including measures intended to protect competition, patients and workers in the state.
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August 29, 2025
Vanguard To Pay $19.5M Over Adviser Conflict Disclosures
Vanguard Advisers Inc. agreed to pay $19.5 million to resolve claims from the U.S. Securities and Exchange Commission that it failed to adequately disclose conflicts of interest in connection with its recommendation to clients to enroll in its managed account program.
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August 29, 2025
High Court Urged To Uphold Wash. Gaming Compact Order
Washington state, an Indigenous nation and the federal government are asking the U.S. Supreme Court to deny a gaming operator's bid to undo a Ninth Circuit ruling over tribal compacts, saying the petition mischaracterizes the decision and argues for certiorari based on the strawman it creates.
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August 29, 2025
Banks Ignored Pig Butchering Scheme's Red Flags, Suit Says
A California couple who say they lost $600,000 in a so-called pig butchering investing scam have sued several financial institutions, including three banks and two fintech payment platforms, alleging the banks chose to "bury their heads in the sand" as the purported scammers took advantage of their targets.
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August 29, 2025
GC Cheat Sheet: The Hottest Corporate News Of The Week
Is AI killing the billable hour — here's what general counsel need to know about how the use of artificial intelligence is affecting law firms' billing model. Anthropic has agreed to a deal to end copyright suits brought by authors who said their works were illegally used to train the company's large language model. These are some of the stories in corporate legal news you may have missed in the past week.​
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August 29, 2025
SEC, Musk File Competing Bids To End Twitter Buy-Up Suit
The U.S. Securities and Exchange Commission and Elon Musk have both moved for early victories in a lawsuit accusing Musk of failing to timely disclose a beneficial ownership stake in Twitter, with the billionaire owner of the social media site calling the case one of "gross governmental overreach."
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August 29, 2025
Creek Nation Halts Citizenship Cards After Freedmen Ruling
The Muscogee (Creek) Nation's Citizenship Board must pause the issuance of any enrollment cards to descendants of those once enslaved by the tribe, Principal Chief David Hill said in an executive order, arguing he must uphold its constitution until the requirements of a recent high court ruling can be reviewed.
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August 29, 2025
NY Tenants Claim Cos. Hiked Rents, Abused Tax Exemption
A multifamily real estate company and a property owner were accused by a proposed class in New York state court of illegally raising rents for Long Island City residential tenants by taking advantage of the state's 421-a tax-exemption program.
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August 29, 2025
Meet The Attys Facing Off In NJ's First Clergy Abuse Trial
A high-powered national plaintiffs litigation firm and several local trial experts will face off soon in New Jersey's first civil suit to go to trial alleging sex abuse claims against the Catholic order behind the Delbarton School in Morristown.
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August 29, 2025
M&A Attys Hand Tasks To 'Machines' In Careful Embrace Of AI
Artificial intelligence is no longer just a back-office tool in mergers and acquisitions legal work, but is increasingly embedded in core deal processes that help attorneys manage due diligence, draft agreements and assess risk.
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August 29, 2025
'I'm Flabbergasted': Fla. Atty's Accusers Rip Bar For Inaction
More than a year after it began receiving complaints that a Florida lawyer was ghosting clients, the state bar has yet to take action — highlighting what experts call a slow-moving process that can fail to keep pace with expansive alleged frauds.
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August 28, 2025
NSO's Bid To Slash Meta's $168M Win Faces Skeptical Judge
A California federal judge appeared skeptical Thursday of NSO Group's bid to slash Meta's $168 million jury win in their spyware fight, saying she's having a "hard time" reconciling NSO's argument for $444,000 as a "substantial" award when its lawyer had called that sum "a mere pittance" at trial.
Expert Analysis
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How Tariffs Can Affect Event Studies In Securities Litigation
When the control period is calm and the event window is stormy — often the case with breaking political or economic developments, like President Donald Trump's recent tariff announcements — traditional event study methodology can increase the risk of misleading conclusions in securities litigation, say economic consultants at NERA.
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How To Prep For Potential Passage Of SAFER Banking Act
The Secure and Fair Enforcement Regulation, or SAFER, Banking Act, could fundamentally reshape how financial institutions interact with cannabis businesses, so operators that move now to get their house in order will be best positioned to capitalize if and when change comes, says Alex Leonowicz at Howard & Howard.
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How Proposed FAA Rule May Streamline Drone Operations
The Federal Aviation Administration's recent proposed rule on autonomous drone delivery operations offers a more streamlined approach, by shifting away from the current pilot-centered framework and placing safety and operational responsibility at the level of the operator's organization, say Amanda Losacco and Jessica Monahan at Cozen O'Connor.
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What To Expect From 401(k) Plan Alternative Assets Order
The executive order this month making it easier for retirement plans to invest in alternative assets, including private equity, real estate and digital assets, marks a watershed moment for democratizing access to private markets, but the U.S. Department of Labor's anticipated formal rulemaking will also be impactful, say attorneys at Simpson Thacher.
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The Future Of Lab-Test Regs After FDA Rescinds Rule
The U.S. Food and Drug Administration recently rescinded its laboratory-developed tests rule in response to a Texas federal court decision this spring, reinforcing a separation of authority between the FDA and the Centers for Medicare & Medicaid Services, and calling into question the FDA's role in overseeing such tests without congressional action, say attorneys at Venable.
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How AI Is Easing Digital Asset Recovery In Fraud Cases
In combination with recent legislation and a maturing digital asset infrastructure, artificial intelligence tools are making it easier to recover stolen assets, giving litigants a more specific understanding of financial fraud earlier in the process and making it economically feasible to pursue smaller fraud claims, says Solomon Shinerock at Lewis Baach.
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Sanctions Considerations For Reentering The Syrian Market
Reentering or opening new markets in Syria, now that the Trump administration has revoked certain long-standing sanctions and export controls, necessitates increased due diligence and best practices capable of adapting to a changing local environment as well as future changes in U.S. law, say attorneys at Nixon Peabody.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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Despite SEC Reset, Private Crypto Securities Cases Continue
While the U.S. Securities and Exchange Commission under the Trump administration has charted a new approach to crypto regulation, the industry still lacks comprehensive rules of the road, meaning private plaintiffs continue to pursue litigation, and application of securities laws to crypto-assets will be determined by the courts, say attorneys at Skadden.
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State AGs Are Turning Up The Antitrust Heat On ESG Actions
Recent antitrust developments from red state attorneys general continue a trend of environmental, social and governance scrutiny, and businesses exposed to these areas should conduct close examinations of strategy and potential material risk, say attorneys at Morgan Lewis.
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Crypto Custody Guidelines Buoy Both Banks And Funds
A statement released last month by banking regulators — highlighting risks that the agencies expect banks holding crypto-assets to mitigate — may encourage more traditional institutions to offer crypto-asset safekeeping and thereby offer asset managers more options for qualified custodians to custody crypto-assets for their clients, say attorneys at Dechert.
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Top Takeaways From Trump's AI Action Plan
President Donald Trump's AI Action Plan represents some notable evolution in U.S. policy, including affirmation of the administration's trend toward prioritizing artificial intelligence innovation over guardrails and toward supporting greater U.S. private sector reach overseas, say attorneys at WilmerHale.
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Navigating Executive Perk Enforcement Under Trump Admin
While the U.S. Securities and Exchange Commission recently signaled a softer approach to executive perks, companies should remain vigilant due to the bipartisan and lengthy nature of executive perquisite cases and Chairman Paul Atkins' previous support for disclosure requirements, say attorneys at Gibson Dunn.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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Opinion
8th Circ. Should Reaffirm False Commercial Speech's Nature
The Eighth Circuit in Goldfinch Laboratory v. Iowa Pathology Associates should assert that false commercial speech is not categorically immune from antitrust scrutiny, says Daniel Graulich at the Federal Trade Commission.