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Compliance
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September 03, 2025
Google Can Thank AI's Rise For Mixed Search Remedies
Despite Google's resounding defeat last year in the U.S. Department of Justice's case targeting its search monopoly, the company will face only a mixed bag of remedies aimed at propping up search engine rivals and limiting its distribution contracts.
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September 03, 2025
FINRA Targets Ex-Synapse Officers Over Supervisory Failures
The Financial Industry Regulatory Authority has filed an enforcement action against two former executives of a subsidiary of bankrupt fintech company Synapse, alleging that they failed to properly supervise the subsidiary's cash management program ahead of the middleware provider's collapse.
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September 03, 2025
4th Circ. Denies Injunction In Md. Cannabis Licensing Challenge
A California cannabis entrepreneur lost her bid to upend Maryland's social equity licensing program Tuesday when the Fourth Circuit ruled that the state's policies seeking to address inequalities within the cannabis industry are not discriminatory.
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September 03, 2025
9th Circ. Won't Revive Genentech Ex-Worker's 401(k) Suit
The Ninth Circuit will not reconsider whether fiduciaries for the retirement plan of biotechnology company Genentech violated their duty to be prudent by keeping certain target date retirement funds in the company's retirement portfolio.
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September 03, 2025
CFTC Member Expresses 'Discontent' As She Exits Agency
Departing Commodity Futures Trading Commission member Kristin Johnson used her final speech Wednesday to express disfavor with some recent agency actions, saying she was running out of ways to "politely describe" her "discontent" with the recent loosening of licensing standards.
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September 03, 2025
Ex-OCC Acting Chief Counsel Joins Perkins Coie In DC
The former acting chief counsel of the Office of the Comptroller of the Currency has joined Perkins Coie as a partner in the firm's Washington, D.C., office, where he will focus on bank mergers, regulatory matters, enforcement response and risk management, among other things.
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September 03, 2025
Feds Move To Sink Mass. Offshore Wind Farm Approval
The federal government said Wednesday it will yank approval for a Massachusetts offshore wind farm 20 miles south of Martha's Vineyard, the latest in a series of moves by the Trump administration to stymie U.S. offshore wind development.
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September 03, 2025
Players Challenge NCAA's 'Redshirt' Rule As Anticompetitive
A group of Division I athletes filed an antitrust lawsuit in Tennessee federal court challenging the NCAA's eligibility rules, alleging the rules operate as artificial caps on competition that constitute commercial restraint and result in suppressed economic opportunities for students.
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September 03, 2025
Authority For Emergency Tariffs Poses Puzzle For Justices
The U.S. Supreme Court faces a provocative puzzle over President Donald Trump's worldwide tariff regime that the Federal Circuit has found illegal, as the judges' positions didn't follow the usual political lines, leaving wide open how the high court may rule on the president's tariff powers.
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September 03, 2025
Silvergate's $37.5M Investor Settlement Gets Final OK
Investors of failed, cryptocurrency-focused Silvergate Bank secured a California federal judge's final approval Wednesday for their $37.5 million settlement of claims alleging the bank misrepresented its safeguards against onboarding customers like the collapsed, fraud-ridden crypto exchange FTX.
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September 03, 2025
Lumen's Bid To Move $1.4B Pension Suit Out Of Colo. Blocked
A Colorado federal judge on Wednesday rejected Lumen Technologies' request to move to Louisiana a proposed class action alleging it wrongly transferred obligations for a $1.4 billion pension fund to a private equity-controlled insurance company, with the judge finding the venue provision in the pension plan does not apply.
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September 03, 2025
Insurers Argue NC Law Doesn't Apply In Tanger's COVID Suit
Two major insurance companies shouldn't be subject to North Carolina law in a dispute over a commercial property insurance policy they penned with a Tar Heel State-based retail outlet owner, one of the insurer's counsel told North Carolina's business court in a Wednesday hearing.
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September 03, 2025
Texas Judge Asks Feds How Boeing Deal Serves Public
A Texas federal judge pressed the U.S. government to explain why he should accept a nonprosecution agreement with Boeing that would let the company escape a criminal case for its role in deadly 737 Max 8 crashes, asking Wednesday how the deal serves the public.
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September 03, 2025
Google Owes Over $425M For Collecting App Data, Jury Says
A California federal jury concluded Wednesday that Google unlawfully collected information from 98 million cellphone users who'd asked the tech giant not to track their app activity, awarding over $425 million in damages but finding punitive damages are not warranted in the class action.
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September 03, 2025
1st Circ. Doubts Eateries' Suit Over Outdoor Dining Limits
The First Circuit appeared unlikely on Wednesday to revive a suit on behalf of restaurant owners in Boston's North End over the city's restrictions on outdoor dining, repeatedly questioning the basis for the plaintiffs' retaliation claims.
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September 03, 2025
Ga. County Board Will Face Black Voter Disenfranchisement Suit
A Georgia federal judge has refused to dismiss a suit alleging Houston County's at-large method of electing its board of commissioners dilutes Black voting strength in violation of the Voting Rights Act, disagreeing with the board's interpretation of the VRA's rules allowing such suits, among other issues.
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September 03, 2025
7th Circ. Judge Probes FDIC's In-House Enforcement Powers
A Seventh Circuit judge on Wednesday pushed counsel for the Federal Deposit Insurance Corp. to address whether an Illinois community bank's ex-chairman alleging the agency's in-house proceedings are unconstitutional waived his Seventh Amendment right to trial by jury by virtue of working at an institution that participates in the FDIC's insurance program.
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September 03, 2025
9th Circ. Saves Tribes' Cultural Superfund Claims Against Teck
The Ninth Circuit on Wednesday revived the Confederated Tribes of the Colville Reservation's natural resource damages claims against Teck Cominco Metals Ltd. for the company's alleged pollution of the Columbia River.
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September 03, 2025
Judge Backs Harvard In Suit Over Trump's $2B Fund Freeze
The Trump administration illegally froze more than $2 billion in grants earmarked for Harvard University when it failed to offer an explanation as to how cutting the funds addressed the government's stated goal of ending antisemitism on campus, a Massachusetts federal judge ruled Wednesday.
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September 03, 2025
Honda Fights FCC Adding Car Technologies To Security List
Honda has told the Federal Communications Commission that adding certain vehicle technologies to the government's "covered list" of banned devices made in foreign adversary countries would duplicate efforts already being carried out by the U.S. Commerce Department.
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September 03, 2025
FCC Chief Aims To End Disputed School Wi-Fi Programs
The head of the Federal Communications Commission said Wednesday he's looking to overturn two controversial Biden-era FCC programs to fund providing Wi-Fi on school buses and hot spots for students' and library patrons' off-campus use.
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September 03, 2025
Wash. Court Pressed To Immediately End EV Funding Freeze
Clean energy advocates have urged a Washington federal judge to wipe out the Trump administration's decision to freeze funding for new electric-vehicle charging infrastructure, saying the government can't be allowed to drag its feet on a pledge to restore funding.
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September 03, 2025
Ex-Twitter Worker Fights X's Arbitration Push At 9th Circ.
X waived its arbitration rights in a $20 million severance suit and should not be able to challenge a district court's decision keeping the case in court, Twitter's former chief marketing officer told the Ninth Circuit.
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September 03, 2025
Musk Atty Spiro's Latest Gig: Cleaning Fluid Co.'s Crypto Pivot
Quinn Emanuel Urquhart & Sullivan partner Alex Spiro is set to chair the board of directors for a cleaning product company pivoting to a crypto strategy as it builds a $175 million treasury of Dogecoin, a crypto token favored by Spiro's client Elon Musk.
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September 03, 2025
EPA Withdraws Slaughterhouse Water Pollution Rule
The U.S. Environmental Protection Agency on Wednesday withdrew a Biden-era proposal that would have imposed stricter water discharge regulations on meat and poultry slaughtering, processing and rendering facilities across the country.
Expert Analysis
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Texas Med Spas Must Prepare For 2 New State Laws
Two new laws in Texas — regulating elective intravenous therapy and reforming healthcare noncompetes — mark a pivotal shift in the regulatory framework for medical spas in the state, which must proactively adapt their operations and contractual practices, says Brad Cook at Munsch Hardt.
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What EPA Chemical Data Deadline Extension Means For Cos.
The U.S. Environmental Protection Agency's extension for manufacturers and importers of 16 chemical substances to report unpublished health and safety studies under the Toxic Substances Control Act could lead to state regulators stepping into the breach, while creating compliance risks and uncertainty for companies, say attorneys at Holland & Knight.
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Series
Playing Soccer Makes Me A Better Lawyer
Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.
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How Trump Cybersecurity EO Narrows Biden-Era Standards
President Donald Trump recently signed Executive Order No. 14306, which significantly narrows the scope and ambition of a Biden executive order focused on raising federal cybersecurity standards among federal vendors, say attorneys at Jenner & Block.
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Forced Labor Bans Hold Steady Amid Shifts In Global Trade
As businesses try to navigate shifting regulatory trends affecting human rights and sustainability, forced labor import bans present a zone of relative stability, notwithstanding outstanding questions about the future of enforcement, say attorneys at Simpson Thacher.
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Grappling With Workforce-Related Immigration Enforcement
To withstand the tightening of workforce-related immigration rules and the enforcement uptick we are seeing in the U.S. and elsewhere, companies must strike a balance between responding quickly to regulatory changes, and developing proactive strategies that minimize risk, say attorneys at Fragomen.
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Strategies For Cos. Navigating US-Indian Pharma Partnerships
Recent policy adjustments implemented by the U.S. government present both new opportunities and heightened regulatory scrutiny for the Indian life sciences industry, amplifying the importance of collaboration between the Indian and U.S. pharmaceutical sectors, say Bryant Godfrey at Foley Hoag and Jashaswi Ghosh at Holon Law Partners.
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DOJ-HHS Collab Crystallizes Focus On Health Enforcement
The recently announced partnership between the U.S. Department of Justice and U.S. Department of Health and Human Services to combat False Claims Act violations, following a multiyear trend of high-dollar DOJ recoveries, signals a long-term enforcement horizon with major implications for healthcare entities and whistleblowers, say attorneys at RJO.
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Opinion
The SEC Should Embrace Tokenized Equity, Not Strangle It
The U.S. Securities and Exchange Commission should grant no-action relief to firms ready to pilot tokenized equity trading, not delay innovation by heeding protectionist industry arguments, says J.W. Verret at George Mason University.
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Compliance Changes On Deck For Banks Under Texas AI Law
Financial services companies, including banks and fintechs, should evaluate their artificial intelligence usage to prepare for Texas' newly passed law regulating AI governance, noting that the enforcement provisions provide for an affirmative defense to liability, say attorneys at Mitchell Sandler.
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What To Do When Congress And DOJ Both Come Knocking
As recently seen in the news, clients may find themselves facing parallel U.S. Department of Justice and congressional investigations, requiring a comprehensive response that considers the different challenges posed by each, say attorneys at Friedman Kaplan.
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Series
Law School's Missed Lessons: Learning From Failure
While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.
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Tips For Crypto AI Agent Developers Under SEC Watch
With agents powered by artificial intelligence increasingly making decisions in the cryptocurrency world, there's a chance the U.S. Securities and Exchange Commission could use the Investment Advisers Act to regulate this technology in financial services, but there are ways developers can mitigate regulatory risks, say attorneys at Morrison Cohen.
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Trans Bias Suits Will Persist Despite EEOC's Shifting Priorities
In U.S. Equal Employment Opportunity Commission v. Sis-Bro, an Illinois federal court let a transgender worker intervene in a bias suit that the EEOC moved to dismiss, signaling that the agency's pending gender identity-related actions will carry on even as its priorities shift to align with the new administration, say attorneys at Venable.
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Lessons On Parallel Settlements From Vanguard Class Action
A Pennsylvania federal judge’s unexpected denial of a proposed $40 million settlement of an investor class action against Vanguard highlights key factors parties should consider when settlement involves both regulators and civil plaintiffs, say attorneys at Ropes & Gray.