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Compliance
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February 11, 2025
Compliance Group Of The Year: Morrison Foerster
Following reports of sexual harassment, discrimination, retaliation and other forms of workplace misconduct at the Federal Deposit Insurance Corp., a Morrison Foerster LLP partner was appointed to serve as the independent transformation monitor of the agency, earning the firm a spot as one of the 2024 Law360 Compliance Groups of the Year.
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February 11, 2025
Commerce Powers Key In Battle Over Corp. Transparency Law
The question of whether Congress exceeded its powers to regulate commerce by enacting the Corporate Transparency Act is likely to feature in a potential U.S. Supreme Court resolution to around a dozen challenges to the law that are percolating through the courts.
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February 11, 2025
NYC Mayor Says Bribery Case Is Over, Despite Silent Docket
Amid an absence of activity on the court docket, New York City Mayor Eric Adams declared Tuesday that the federal bribery case against him "will no longer continue," following reports of a U.S. Department of Justice memo directing prosecutors to drop the case.
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February 11, 2025
Foley & Lardner Grows Leadership With Chief Practice Officer
Foley & Lardner LLP has installed its first chief practice officer, following the addition in December of a new chief operating officer at the firm.
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February 11, 2025
DC Judge Orders Restoration Of Public Health Webpages
A D.C. federal judge on Tuesday ordered federal agencies to revive public health webpages and datasets taken offline as part of the Trump administration's effort to root out references to "gender ideology."
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February 11, 2025
CFPB's Top Supervisor, Enforcer Call It Quits Amid Closure
The Consumer Financial Protection Bureau's top supervision and enforcement officials resigned Tuesday, citing the Trump administration's broad suspension of key financial industry oversight activities at the agency.
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February 11, 2025
Republican-Led SEC Pauses Climate Regulation Litigation
The U.S. Securities and Exchange Commission signaled Tuesday that it may not move forward with a Biden-era regulation requiring public companies to disclose their greenhouse gas emissions, asking the court overseeing litigation against the climate reporting rules not to schedule the case for oral argument.
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February 11, 2025
Automakers Lose Fight To Block Mass. 'Right To Repair' Law
A Massachusetts federal judge on Tuesday tossed what was left of a long-running suit filed by major automakers seeking to block a Bay State law requiring vehicle manufacturers to provide open access to telematics systems.
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February 10, 2025
Trump's Firing Of Watchdog Office Head Paused By Judge
The recently fired head of the U.S. Office of Special Counsel will remain in his position, at least for a few more days, after a D.C. federal judge on Monday ordered a short pause on his termination the same day he sued to challenge the allegedly "unlawful" removal.
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February 10, 2025
Atlanta's Inspector General Sued Over Financial Subpoenas
A lobbyist and former campaign manager for a sitting Atlanta City Council member has sued the city's inspector general over allegations she violated state laws in issuing subpoenas for the lobbyist's bank records to bolster a "frivolous" corruption probe.
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February 10, 2025
Trump Ousts Office Of Government Ethics Director
President Donald Trump has fired David Huitema, the director of the U.S. Office of Government Ethics, the independent agency announced on Monday, less than two months after Huitema started as the agency's head.
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February 10, 2025
Feds Nab Plea In Bitcoin-Boosting Hack Of SEC X Account
An Alabama man on Monday pled guilty to being involved with the hack of the U.S. Securities and Exchange Commission's X account last year, admitting to a single conspiracy charge and agreeing to forfeit $50,000 he made from the scheme that briefly bumped the price of bitcoin.
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February 10, 2025
GOP Sens. Restart Effort To Get Lawmaker OK For Major Regs
It could become tougher for the Federal Communications Commission to adopt new rules for the telecom industry under a bill Republicans have reintroduced that would require a congressional green light for major new regulations.
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February 10, 2025
FDIC's McKernan Exits Board As Republicans Max Out Seats
Republican Jonathan McKernan announced Monday that he'll vacate his seat on the Federal Deposit Insurance Corp.'s board, given the expiry of his term and the addition of a Trump appointee that brings the board to its maximum number of GOP-held seats.
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February 10, 2025
Calif. Ruling Holds Wildfire Debris Not A Coverable Loss
Two California homeowners didn't have a covered claim for wildfire debris that infiltrated their home, a state appeals panel ruled, saying there was no evidence the debris caused the kind of loss or damage required for coverage.
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February 07, 2025
DOGE Access To Treasury Payment System Blocked By Judge
A Manhattan federal judge blocked the access of Elon Musk and staffers of his temporary Department of Government Efficiency to U.S. Department of the Treasury payment systems Saturday and ordered them to destroy data already obtained, after state attorneys general sued, calling that access "dangerous" and unlawful.
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February 10, 2025
Fla. Court Lets Seminoles Intervene In Gaming Ad Suit
A Florida federal judge on Monday granted the Seminole Tribe of Florida's request to intervene in a proposed class action over allegedly misleading advertisements by gaming vendor Seminole Hard Rock Digital, which the judge found cannot adequately represent the tribe's interests.
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February 10, 2025
Trump Stops Enforcement Of Foreign Corrupt Practices Act
President Donald Trump signed an executive order Monday that puts a "pause" on enforcement of the federal Foreign Corrupt Practices Act, saying the law against U.S. companies bribing foreign officials to win business in other countries has made American companies less competitive.
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February 10, 2025
FTC Can't Get Cap On Meta's Up To 86 Antitrust Trial Witnesses
A D.C. federal judge refused Monday to limit the number of witnesses in the Federal Trade Commission's monopolization lawsuit against Meta Platforms, rejecting agency assertions that plans by the Facebook parent company for up to 86 witnesses are "unreasonable."
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February 10, 2025
Judge: Dominican Republic Should Pay $44M Landfill Award
A magistrate judge in Washington, D.C., recommended Friday that a $43.6 million arbitral award issued after the Dominican Republic terminated a landfill concession should be enforced, saying there was no evidence that the tribunal failed to investigate allegations of underlying fraud.
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February 10, 2025
DOJ Brass Want Bribery Charges Against NYC Mayor Dropped
The U.S. Department of Justice has moved to drop public corruption charges against New York City Mayor Eric Adams, an extraordinary development in the wake of a public courtship between the embattled mayor and President Donald Trump.
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February 10, 2025
Jury To Look At Ford's Wealth When Setting Punitive Damages
A Georgia federal jury will be allowed to look at Ford's wealth and the profits it made off the allegedly defective F-250 Super Duty pickup truck when considering punitive damages in a fatal rollover wreck that killed a couple, a judge ruled, saying it's "common sense" information that a jury needs if it chooses to "punish" Ford.
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February 10, 2025
Grayscale Beats Bitcoin Rival's $2M Unfair Practices Suit
A Connecticut state court judge has handed digital asset management firm Grayscale Investments LLC a summary judgment win on a smaller rival's $2 million unfair trade practices suit over a bitcoin feud, finding that the relevant state law does not apply to the dispute.
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February 10, 2025
DC Judge Questions Abrupt Removal Of Public Health Info
A D.C. federal judge said he was wrestling with some "circular" arguments offered by the government on Monday as he weighed whether to order the restoration of public health web pages and datasets that had been taken down by the Trump administration.
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February 10, 2025
Apple Pushes DC Circ. To Pause Google Search Case
Apple told the D.C. Circuit on Monday it did not become clear that it needs to intervene in the government's search monopolization case against Google until enforcers proposed remedies that affected Apple's conduct too.
Expert Analysis
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How FTC Consumer Protection May Fare Under Reg Freeze
Attorneys at Crowell & Moring consider how President Donald Trump's executive order directing agencies to freeze all pending rulemaking activity may frustrate any Federal Trade Commission efforts to change or eliminate rules that made it across the finish line before the inauguration.
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Critical Steps For Navigating Intensified OFAC Enforcement
The largely overlooked SkyGeek settlement from the end of 2024 heralds the arrival of the Office of Foreign Assets Control's long anticipated enhanced enforcement posture and clearly demonstrates the sanctions-compliance benefits of immediately responding to blocked payments, says Jeremy Paner at Hughes Hubbard.
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Unpacking HHS' Proposal To Amend HIPAA Security Rule
While the U.S. Department of Health and Human Services' proposal to amend the Health Insurance Portability and Accountability Act's security rule could face scrutiny under the Trump administration, it reflects a clear concern over health data security and could push entities to implement operational changes, say attorneys at Sheppard Mullin.
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Expect Scrutiny Of Banks To Persist, Even Under Trump
Although the change in administrations brings some measure of uncertainty as to the nature of bank compliance oversight, if regulators in Washington, D.C., attempt to dilute the vigilance of federal superintendence, the states are waiting in the wings to fill the void, say attorneys at Polsinelli.
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Reg Waiver Eases Calif. Rebuilding, But Proceed With Care
California Gov. Gavin Newsom's executive order suspending some environmental review and permitting requirements for the reconstruction of homes and businesses damaged by recent wildfires may streamline rebuilding efforts, but will require careful navigation of the evolving regulatory landscape, says Gregory Berlin at Alston & Bird.
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The Post-Macquarie Securities Fraud-By-Omission Landscape
While the U.S. Supreme Court's 2024 opinion in Macquarie v. Moab distinguished inactionable "pure omissions" from actionable "half-truths," the line between the two concepts in practice is still unclear, presenting challenges for lower courts parsing statements that often fall within the gray area of "misleading by omission," say attorneys at Katten.
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Trump's Energy Plans: Climate, Data Centers, LNG And More
With a host of executive orders addressing climate and emissions policies, expanded energy development, offshore and onshore projects, liquefied natural gas and more, the second Trump administration has already given energy companies much to consider, say attorneys at Gibson Dunn.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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Managing Transatlantic Antitrust Investigations And Litigation
As transatlantic competition regulators cooperate more closely and European antitrust investigations increasingly spark follow-up civil suits in the U.S., companies must understand how to simultaneously juggle high-stakes multigovernment investigations and manage the risks of expensive new claims across jurisdictions, say lawyers at Paul Weiss.
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What To Do When ICE Shows Up At The Hospital
In light of recent executive orders and changes to enforcement directives permitting U.S. Immigration and Customs Enforcement agents to enter sensitive locations like hospitals, healthcare providers should understand how to balance compliance with existing health laws and patient care obligations, say attorneys at Davis Wright.
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Cos. Must Prepare For Heightened Trade Enforcement Risks
Recent trade enforcement cases — including criminal prosecutions for tariff evasion — as well as statements from the Trump administration make it clear that companies must assess their risk profiles, review compliance programs and communication policies, and consider protocols for responding to subpoenas, say attorneys at Miller & Chevalier.
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Trump's Energy Plans: Funding, Permits And Nuclear Power
In the wake of President Donald Trump's flurry of first-day executive orders focusing on the energy sector, attorneys at Gibson Dunn analyze what this presidency will mean for energy-related grants and loans, changes to permitting processes and developments in nuclear power.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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FTC Focus: Avoiding 'Gun Jumping' Violations
The Federal Trade Commission's recent record $5.6 million "gun jumping" enforcement action against XCL Resources, EP Energy and Verdun Oil sends a clear message about the seriousness of violations of the Hart-Scott-Rodino Act's premerger requirements, and highlights compliance tips such as avoiding premature integration of operations, say attorneys at Proskauer.
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What Compensation Committees Must Keep In Mind In 2025
New disclosure obligations, an evolving discussion on the analysis of executive perks and updated proxy adviser policies — on top of a new presidential administration — are all important things compensation committees must pay close attention to in 2025, say attorneys at Simpson Thacher.