• May 30, 2024

    High Court Calls For 2nd Circ. Redo In BofA Preemption Fight

    The U.S. Supreme Court on Thursday threw out a Second Circuit decision that freed Bank of America NA from class action litigation brought over a New York escrow interest law, ruling that the circuit court wasn't "nuanced" enough in finding the law preempted for national banks.

  • May 29, 2024

    CFPB Says Citi 'Wrong' On Wire Transfer Rules In NY Suit

    The Consumer Financial Protection Bureau is backing New York's attorney general in a lawsuit accusing Citibank NA of failing to adequately protect customers from online wire transfer fraud, arguing the bank is "wrong" about what rules govern its obligations to scam victims.

  • May 29, 2024

    Autonomy Founder Pushed Sales Team Hard, Jury Hears

    A federal prosecutor cross-examining ex-Autonomy CEO Michael Lynch on Wednesday in a criminal fraud trial over claims the British tech tycoon conned HP into overpaying billions for his software company sought to portray Lynch as an overbearing leader who put intense pressure on his team to generate "revenue revenue revenue."

  • May 29, 2024

    Spotify Listeners Slam Scrapped Music Device As 'Paperweight'

    Spotify has suddenly decided to shut down its "Car Thing" device, which connects listeners' playlists to their cars, making the devices obsolete and leaving customers "with nothing more than a paperweight that cost between $50 and $100," according to a proposed class action filed Tuesday in New York federal court.

  • May 29, 2024

    11th Circ. Backs SEC Win In Trader's Challenge To 'Dealer' Tag

    An Eleventh Circuit panel on Wednesday affirmed the U.S. Securities and Exchange Commission's win in a suit accusing a microcap stock trader of earning $21.5 million while operating as an unregistered dealer, further solidifying the regulator's argument that so-called toxic lenders are considered unregistered dealers.

  • May 29, 2024

    SEC Says Asia-Focused Fund Firm Misled Its Investors

    A now-shuttered Asia-focused investment adviser and its CEO have agreed to pay fines totaling $600,000 as part of a deal to end U.S. Securities and Exchange Commission allegations they misled investors about certain details of their portfolios, including a key metric for assessing the risks they faced, and failed to disclose a conflict of interest.

  • May 29, 2024

    Bankrupt EV Charger Co. Execs Hid Liquidity Woes, Suit Says

    Three current and former executives of bankrupt electric-vehicle charging infrastructure company Charge Enterprises Inc. face an investor's proposed class action claiming the executives concealed a liquidity crisis involving the company's founder and his investment advisory firm that allegedly precipitated Charge's bankruptcy.

  • May 29, 2024

    NY Jury Eyes Trump Tower 'Conspiracy' As Deliberations Start

    Jurors in Donald Trump's criminal hush money trial ended their first day of deliberations Wednesday without a verdict, as the panel appeared to home in on testimony about a key 2015 meeting where the alleged scheme was hatched.

  • May 29, 2024

    Microsoft's Post-Merger Layoffs Cited In I-Told-You-So Appeal

    A private group of gamers is pointing to Microsoft's recent layoffs of 1,900 Activision and XBox employees as evidence of market harms stemming from Microsoft Corp.'s acquisition of Activision Blizzard Inc., as the group seeks to revive a private antitrust suit challenging the merger in the Ninth Circuit.

  • May 29, 2024

    Google, Apple Say Nothing New To Revive Search Pact Suit

    Google and Apple urged a California federal judge not to revive a private lawsuit accusing Google of paying Apple not to produce its own search engine, arguing the consumers have nothing new in citing months-old revelations from the Justice Department's search monopolization case against Google.

  • May 29, 2024

    FCC Chief Floats Plan To Cut Down On Orbital Satellite Debris

    The Federal Communications Commission's chair proposed new rules Wednesday aiming to reduce the chances of spacecraft explosions that leave debris in orbit.

  • May 29, 2024

    TikTok Ban Gets Expedited Sept. Hearing Date At DC Circ.

    The D.C. Circuit on Tuesday agreed to expedite the briefing schedule for a constitutional challenge against a federal law banning TikTok from the United States unless it severs its ties with its Chinese parent company, ByteDance Ltd., with oral arguments set to be heard this fall. 

  • May 29, 2024

    PJM Watchdog Challenges FERC's Meeting Roadblock

    Monitoring Analytics, the independent market monitor for regional transmission organization PJM Interconnection, is asking the D.C. Circuit to review a Federal Energy Regulatory Commission order from March allowing PJM to keep the monitor out of its liaison committee meetings.

  • May 29, 2024

    Benefits Trade Group Urges Changes To New York PBM Regs

    A trade group representing large employers who sponsor employee benefit plans warned New York's insurance regulator that a proposal affecting pharmacy benefit managers — which act as intermediaries between pharmacies, drugmakers and insurers — will trigger litigation without changes before they're finalized to eliminate conflicts with federal benefits law.

  • May 29, 2024

    EPA Inspector General Decries Lack Of Funding To Congress

    U.S. Environmental Protection Agency Inspector General Sean W. O'Donnell expressed concern over his office's lack of funding in a report to Congress on Wednesday, saying the 2024 budget is lower than it was 13 years ago, despite increased oversight responsibilities and personnel costs.

  • May 29, 2024

    Handbag Cos. Seek FTC In-House Delay For Fed. Court Row

    Tapestry and Capri are asking the Federal Trade Commission to delay an in-house challenge to the planned $8.5 billion merger combining the parent companies of Coach and Michael Kors, arguing the FTC's separate request for a preliminary injunction in New York federal court should take precedence.

  • May 29, 2024

    New Colo. Law Targets AI Deepfakes In Political Ads

    Colorado Gov. Jared Polis has signed a bill that aims to crack down on the malicious use of artificial intelligence for producing political messaging.

  • May 29, 2024

    FDA Sued Over Controversial Lab Test Rule

    A clinical lab trade group that has been highly critical of the U.S. Food and Drug Administration's new final rule on laboratory-developed tests filed a lawsuit late Wednesday, saying the agency doesn't have the authority to regulate the tests as medical devices.

  • May 29, 2024

    Bankrupt BlockFi Agrees To $150k Penalty In Conn. Bond Row

    Bankrupt cryptocurrency lender BlockFi has reached a deal with Connecticut's banking regulator to pay a $150,000 civil penalty over claims the company failed to maintain a required surety bond, and a decision in November 2020 to halt account withdrawals from the platform.

  • May 29, 2024

    DOJ Requests More Info On $2.2B Employee Screening Deal

    The U.S. Department of Justice has requested more information about employment screening company First Advantage Corp.'s planned $2.2 billion purchase of rival Sterling Check Corp., extending the review period for the merger.

  • May 29, 2024

    Ga. Elections Board Member Sues Over Record Access

    A Republican member of Georgia's Fulton County Board of Registration and Elections has filed a lawsuit alleging that the board and the county's elections director are preventing her from performing her duties by denying her access to election records and processes.

  • May 29, 2024

    6 Questions For FCC Commissioner Anna Gomez

    A year after she was nominated for the Federal Communications Commission's third Democratic seat, Anna Gomez says she's steadily progressing toward goals tied to connectivity, innovation, public safety and media localism in what she calls the "best job I've had in my career."

  • May 29, 2024

    Neoprene Co. Calls EPA Rule Deadline 'Surprise Switcharoo'

    A Louisiana-based neoprene manufacturer is asking the D.C. Circuit to immediately block the U.S. Environmental Protection Agency from enforcing a chemical emissions rule that will directly impact the company.

  • May 29, 2024

    White & Case Hires DOJ Russian Sanctions Prosecutor

    White & Case LLP has hired a veteran U.S. Department of Justice attorney who helped oversee an interagency task force that prosecuted violations of economic sanctions and restrictions placed on Russia following its invasion of Ukraine, the firm said Wednesday.

  • May 29, 2024

    Chancery Pins Down Musk, Tesla On Pay Bid, Del. Jurisdiction

    Delaware's chancellor has nailed Elon Musk, Tesla Inc. and their counsel to assurances that the company won't flee state corporate law jurisdiction and a potentially massive stockholder attorney fee dispute by rushing votes on a struck-down, $56 billion compensation plan for Musk and proposed reincorporation in Texas.

Expert Analysis

  • Fintech Compliance Amid Regulatory Focus On Sensitive Data

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    The Consumer Financial Protection Bureau's recent, expansive pursuit of financial services companies using sensitive personal information signals a move into the Federal Trade Commission's territory, and the path forward for fintech and financial service providers involves a balance between innovation and compliance, say attorneys at Wilson Sonsini.

  • Cos. Must Stay On Alert With Joint Employer Rule In Flux

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    While employers may breathe a sigh of relief at recent events blocking the National Labor Relations Board's proposed rule that would make it easier for two entities to be deemed joint employers, the rule is not yet dead, say attorneys at ​​​​​​​Day Pitney.

  • 4 Arbitration Takeaways From High Court Coinbase Ruling

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    The U.S. Supreme Court's May 23 decision in Coinbase v. Suski, which provides clarity to parties faced with successive contracts containing conflicting dispute resolution provisions, has four practical impacts for contracting parties to consider, say Charles Schoenwetter and Eric Olson at Bowman and Brooke.

  • Series

    Playing Music Makes Me A Better Lawyer

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    My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.

  • Contractors Must Prep For FAR Council GHG Emissions Rule

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    With the U.S. Federal Acquisition Regulatory Council expected to finalize its proposed rule on the disclosure of greenhouse gas emissions and climate-related financial risk this year, government contractors should take key steps now to get ready, say Thomas Daley at DLA Piper, Steven Rothstein at the Ceres Accelerator for Sustainable Capital Markets, and John Kostyack at Kostyack Strategies.

  • Proposed Cannabis Reschedule Sidesteps State Law Effects

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    The U.S. Department of Justice's recent proposal to move cannabis to Schedule III of the Controlled Substances Act provides certain benefits, but its failure to address how the rescheduling would interact with existing state cannabis laws disappointed industry participants hoping for clarity on this crucial question, says Ian Stewart at Wilson Elser.

  • What's New In Kentucky's Financial Services Overhaul

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    Kentucky's H.B. 726 will go into effect in July and brings with it some significant restructuring to the Kentucky Financial Services Code, including changes to mortgage loan license fees and repeals of provisions relating to installment term loans and savings associations, say attorneys at Frost Brown.

  • How Attys Can Avoid Pitfalls When Withdrawing From A Case

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    The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.

  • The Effects Of New 10-Year Limitation On Key Sanctions Laws

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    Recently enacted emergency appropriations legislation, doubling the statute of limitations for civil and criminal economic sanctions violations, has significant implications for internal records retention, corporate transaction due diligence and government investigations, say attorneys at Greenberg Traurig.

  • What 11th Circ. FCRA Ruling Means For Credit Furnishers

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    Credit furnishers should revisit their internal investigation and verification procedures after the Eleventh Circuit declined last month in Holden v. Holiday to impose a bright-line rule that only purely factual or transcription errors are actionable under the Fair Credit Reporting Act, say Diana Eng and Michael Esposito at Blank Rome.

  • FEPA Cases Are Natural Fit For DOJ's Fraud Section

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    The U.S. Department of Justice’s recent announcement that its Fraud Section would have exclusive jurisdiction over the Foreign Extortion Prevention Act — a new law that criminalizes “demand side” foreign bribery — makes sense, given its experience navigating the political and diplomatic sensitivities of related statutes, say James Koukios and Rachel Davidson Raycraft at MoFo.

  • Supply Chain Considerations For Companies Deploying AI

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    Many businesses will risk failure by embracing artificial intelligence without fully understanding the risks, and the value of a five-step AI supply chain analysis cannot be overstated, say Brooke Berg and Nathan Staffel at Nardello & Co.

  • Opinion

    DOJ Messaging App Warnings Undermine Trust In Counsel

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    The U.S. Department of Justice Antitrust Division's increasingly ominous warnings to defense and in-house counsel about the consequences of not preserving ephemeral messaging and messages sent using collaboration tools could erode confidence and cooperation, says Mark Rosman at Proskauer.

  • Using A Children's Book Approach In Firm Marketing Content

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    From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

  • A Changing Regulatory Landscape For Weight Loss Drugs

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    As drugs originally approved to treat diabetes become increasingly popular for weight loss purposes, federal and state regulators and payors are increasing their focus on how these drugs are prescribed, and industry participants should pay close attention to rapidly evolving compliance requirements, say attorneys at Goodwin.

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