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Compliance
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July 03, 2025
FDIC's Consumer Compliance Enforcement Surged In 2024
The Federal Deposit Insurance Corp. hit banks with a surge of consumer protection-related enforcement actions in the final year of the Biden administration, issuing the largest total dollar amount of fines in almost a decade, according to a new report from the agency.
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July 03, 2025
Real Estate Recap: CEQA, Data Center Energy, Midyear Views
Catch up on this past week's key developments by state from Law360 Real Estate Authority 鈥 including attorney insight into this week's reforms to the California Environmental Quality Act, how states are approaching energy demand for data center projects, and where the commercial and residential real estate sectors stand at the midyear.
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July 03, 2025
CEO Seeks Exit From Crypto Investors' Fraud Suit
The alleged co-CEO of purported crypto projects accused of duping investors out of tens of millions of dollars with false promises of returns has filed a motion to escape the suit, arguing he was not involved with the formation of the projects.
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July 03, 2025
Dems Query Banks On Any Zelle Fraud Link To Social Media
Top Democratic lawmakers are questioning major banks on how they're protecting customers from "significant scams and fraud" via Zelle, in light of JPMorgan Chase's recent decision to block transactions that originate from social media聽on the peer-to-peer payment platform.
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July 03, 2025
Youths Urge 9th Circ. To Revive Federal Equal Protection Case
A group of youths is asking the Ninth Circuit to revive its lawsuit alleging the U.S. Environmental Protection Agency and the Office of Management and Budget are violating the youngsters' constitutional rights by not properly protecting them from climate change.
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July 03, 2025
sa国际传媒 Funding Cut Could Alter Injunction Calculus At DC Circ.
The steep funding cut that Republicans have passed for the Consumer Financial Protection Bureau could strengthen the Trump administration's position in its court fight to resume downsizing the agency, even if it doesn't directly resolve the legal questions at play.
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July 03, 2025
Biggest Environmental Law Decisions Of 2025: Midyear Report
The first half of 2025 saw the U.S. Supreme Court impose limitations on water permit requirements, as well as key decisions in lower courts in climate change and environmental justice cases. Here, Law360 takes a look at some of the biggest environmental law rulings of 2025.
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July 03, 2025
Colo. Sales Tax Applies To Netflix Subscriptions, Court Rules
Netflix's streaming services in Colorado are tangible personal property subject to sales tax, a state appeals court ruled, reversing a district court's finding that the subscriptions were not taxable under state law because they were not tangible physical items.
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July 03, 2025
Detroit Hits Crypto Real Estate Co. With Major Nuisance Suit
The city of Detroit has sued Real Token LLC, a cryptocurrency real estate company, alleging it allowed hundreds of properties to fall into severe disrepair while incurring hundreds of thousands of dollars in unpaid blight fines and property taxes.
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July 03, 2025
FCC Aims To Advance Fast-Track Process For Removing Regs
The Federal Communications Commission plans to vote this month on whether to employ a fast-track procedure to remove regulations that are deemed obsolete without having to go through the typical process of first issuing a public notice and soliciting comment.
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July 03, 2025
Plumbing Co. Seeks $25M In Coverage For ERISA Claims
A plumbing subcontractor told a California federal court that its primary insurer was improperly limiting its coverage in an employee stock ownership plan dispute, hindering its ability to tap into its full $25 million tower of management liability coverage.
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July 03, 2025
4 Things To Watch At DOL In 2025's 2nd Half
Management-side attorneys are expecting a shakeup at the U.S. Department of Labor if President Donald Trump's pick to lead the agency's employee benefits arm wins Senate confirmation. Here, Law360 looks at four issues that employee benefits experts say they'll be monitoring at the DOL in the latter half of the year.
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July 03, 2025
Circuit-By-Circuit Recap: Justices Send Message To Outliers
It was a tough term at the U.S. Supreme Court for two very different circuits 鈥 one solidly liberal, one solidly conservative 鈥 that had聽their rulings overturned in eye-popping numbers. But it was another impressive year for a relatively moderate circuit that appears聽increasingly simpatico with the high court.
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July 03, 2025
States Still Oppose Florida's Generic Drug Deal With Sandoz
States accusing generic-drug makers of fixing prices are continuing to object to a $10 million settlement struck between Florida and Sandoz, arguing that it limits their ability to negotiate deals while letting the Sunshine State benefit without participating in the litigation.
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July 03, 2025
The Moments That Shaped The Universal Injunction Case
The U.S. Supreme Court voted along ideological lines when it hindered the ability of federal district court judges to issue nationwide pauses on presidential policies, but that outcome didn't seem like a foregone conclusion during oral arguments earlier this year.聽What do the colloquies suggest about the justices' thinking? Here are some moments that may have swayed them.
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July 03, 2025
4th Circ. Dismisses Naval Academy Admissions Appeal
The Fourth Circuit has tossed an appeal challenging the U.S. Naval Academy's consideration of race in its admissions, deeming it to be moot after a Trump administration executive order spurred the academy to change its policy.
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July 03, 2025
Pacific Seafood Faces CWA Suit For Alleged Permit Violations
The Center for Food Safety and Wild Fish Conservancy hit Pacific Seafood Aquaculture LLC with a Clean Water Act citizen suit alleging it has failed to comply with permit terms for three Columbia River net pen facilities, each producing more than 20,000 pounds of rainbow trout annually.
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July 03, 2025
Ex-Treasury Official Joins Covington's Nat'l Security Practice
Covington & Burling LLP has boosted its national security practice with the hire of the former head of the U.S. Department of the Treasury's Office of Terrorism and Financial Intelligence under former President Barack Obama's administration as of counsel.
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July 03, 2025
DHS Aims To Implement Biometric Tracking For Noncitizens
The U.S. Department of Homeland Security is planning to revive a policy proposal from the first Trump administration to implement facial recognition technology as part of a comprehensive biometric system to track the entry and exit of noncitizens.
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July 03, 2025
HHS Ordered To Restore Data Axed Under 'Gender Ideology' EO
The U.S. Department of Health and Human Services must restore a swath of webpages and datasets it took down following a Trump administration executive order seeking to root out references to so-called gender ideology, a D.C. federal judge ruled.
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July 03, 2025
FCC Waives Lifeline Voice, Mobile Changes For 1 Year
The Federal Communications Commission has once again postponed two changes to its Lifeline subsidy program, delaying the phase-out of support for voice-only services that were originally meant to push users toward broadband and keeping minimum broadband data standards at 4.5 gigabytes per month for at least an extra year.
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July 03, 2025
The Firms That Won Big At The Supreme Court
The number of law firms juggling three or more arguments before the U.S. Supreme Court this past term nearly doubled from the number of firms that could make that claim last term.
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July 03, 2025
GC Cheat Sheet: The Hottest Corporate News Of The Week
Target's board faces a shareholder derivative suit that accuses the retail giant of damaging the company by implementing an LGBTQ+ Pride-themed marketing campaign, despite knowing the risk of "public backlash." Meanwhile,聽SolarWinds and the SEC are close to resolving a novel case that alleges the software developer hid faulty cybersecurity practices before a major breach. These are some of the stories in corporate legal news you may have missed in the past week.
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July 03, 2025
Breaking Down The Vote: The High Court Term In Review
The U.S. Supreme Court once again waited until the term's closing weeks 鈥 and even hours 鈥 to issue some of its most anticipated and divided decisions.
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July 03, 2025
Call Center Co. Wants Out Of Misclassification Suit
A suit by workers accusing a call center company of incorrectly classifying them as independent contractors and then firing them when they complained must be thrown out, the company told a Florida federal court, saying the complaint is a "textbook impermissible shotgun pleading."
Expert Analysis
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Fed's Crypto Guidance Yank Could Drive Innovation
The Federal Reserve Board's recent withdrawal of guidance letters brings regulatory consistency and broadens banks' ability to innovate in the crypto-asset space, but key distinctions remain between the Fed's policy on crypto liquidity and that of the other banking regulators, says Dan Hartman at Nutter.
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GM Case Highlights New Trends In AI-Related Securities Suits
Bold company statements about artificial intelligence have resulted in a rise in AI-related securities litigation, and a recent Michigan federal court decision in In Re: General Motors Co. Securities Litigation illustrates how courts are analyzing these AI-based claims and applying traditional securities concepts to new technologies, say attorneys at Cooley.
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DOE Grant Recipients Facing Termination Have Legal Options
Federal grant recipients whose awards have recently been rescinded by the U.S. Deparment of Energy have options for successfully challenging those terminations through litigation, say attorneys at Bracewell.
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Attacks On Judicial Independence Tend To Manifest In 3 Ways
Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.
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A Look At Texas Corp. Law Changes Aimed At Dethroning Del.
Seeking to displace Delaware as the preferred locale for incorporation, Texas recently significantly amended its business code, including changes like codifying the business judgment rule, restricting books and records demands, and giving greater protections for officers and directors in interested transactions, say attorneys at Fenwick.
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OCC's Digital Embrace Delivers Risk, Opportunity For Banks
As the Office of the Comptroller of the Currency continues to release and seek more information on banks' participation in the crypto-asset arena, institutions may see greater opportunity to pursue digital asset and custody services, but must simultaneously educate themselves on transformations occurring throughout the industry, says Kirstin Kanski at Spencer Fane.
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Justices Hand Agencies Broad Discretion In NEPA Review
By limiting the required scope of reviews under the National Environmental Policy Act, the U.S. Supreme Court's recent ruling in Seven County Infrastructure Coalition v. Eagle County could weaken the review process under NEPA, while also raising questions regarding the degree of deference afforded to agencies, say attorneys at Foley Hoag.
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Remediation Still Reigns Despite DOJ's White Collar Shake-Up
Though the U.S. Department of Justice鈥檚 recently announced corporate enforcement policy changes adopt a softer tone acknowledging the risks of overregulation, the DOJ has not shifted its compliance and remediation expectations, which remain key to more favorable resolutions, say Jonny Frank, Michele Edwards and Chris Hoyle at StoneTurn.
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Compliance Refresher For 'Made In USA' Labeling Claims
As tariffs reshape the trade landscape, companies hoping to invoke the powerful consumer appeal of 鈥淢ade in USA鈥 labels must understand the strict rules for making acceptable claims so they avoid the costly legal ramifications and brand damage possible from misrepresenting products as 100% American, say attorneys at Morgan Lewis.
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4 Strategies For De-Escalating Hospitality Industry Disputes
As recent uncertainty in the travel business exacerbates the risk of conflict in the hospitality sector, industry in-house counsel and their outside partners should consider proactive strategies aimed at de-escalating disputes, including preserving the record, avoiding boilerplate clauses and considering arbitration, say Randa Adra at Crowell and Stephanie Jean-Jacques at Hyatt.
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Series
Law School's Missed Lessons: Appreciating Civil Procedure
If you鈥檙e like me, law school鈥檚 often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.
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Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use
The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.
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The State Of Play For Bank Merger Act Applications
Both the Office of the Comptroller of the Currency's recent reversal of changes to its bank merger policies and the Federal Deposit Insurance Corp.'s rescission of its 2024 statement may be relevant for all banks considering a transaction, as responsibility for review depends on the identity of the parties and the transaction structure, say attorneys at Davis Polk.
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Del. Corporate Law Rework May Not Stem M&A Challenges
While Delaware's S.B. 21 introduced significant changes regarding controllers and conflicted transactions by limiting what counts as a controlling stake and improving safe harbors, which would seem to narrow the opportunities to challenge a transaction as conflicted, plaintiffs bringing shareholder derivative claims may merely become more resourceful in asserting them, say attorneys at Debevoise.
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State AGs' Focus On Single-Firm Conduct Is Gaining Traction
Despite changes in administration, both federal antitrust agencies and state attorneys general have shown a trending interest in prosecuting monopolization cases involving single-firm conduct, with federal and state legislative initiatives encouraging and assisting states鈥 aggressive posture, says Steve Vieux at Bartko Pavia.