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Compliance
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June 27, 2025
BREAKING: High Court Backs HHS Chief In ACA Battle Over Task Force
The U.S. Supreme Court overturned a Fifth Circuit decision that the U.S. Department of Health and Human Services' secretary lacked authority over a task force that set preventive care requirements under the Affordable Care Act, ruling Friday that the agency's leader could appoint members and nix the task force's recommendations.
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June 27, 2025
BREAKING: Justices Limit Nationwide Injunctions But Defer On Citizenship Issue
The U.S. Supreme Court on Friday allowed President Donald Trump to partially implement his executive order aimed at limiting birthright citizenship, in a ruling that also established that individual federal district court judges don't have authority to issue court coast-to-coast orders that apply beyond parties to a case.
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June 26, 2025
Trump DOJ Eyes Algorithmic Collusion, Welcomes 'Little Tech'
Tackling algorithmic pricing collusion in the healthcare and housing markets and welcoming pro-competitive mergers of "Little Tech" are among the U.S. Department of Justice's plans for protecting consumers in today's digital markets, the top deputy for the DOJ's antitrust division told privacy professionals on Thursday.
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June 26, 2025
FTC OKs $1.6B Gas Station Deal, With Divestiture Of 35 Stores
The Federal Trade Commission announced Thursday an agreement resolving antitrust concerns regarding Alimentation Couche-Tard's proposed $1.57 billion acquisition of 270 fuel stations from grocery chain Giant Eagle, requiring the Canadian convenience store company to divest 35 gas stations.
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June 26, 2025
Phillip Morris Moves To Arbitrate Rivals' Tobacco Deal Suit
Philip Morris USA is urging a Washington state judge to force arbitration in a dispute with R.J. Reynolds and other tobacco companies over deals delineating billions of dollars in annual payments owed to states under Big Tobacco's 1998 master settlement agreement.
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June 26, 2025
SEC Won't Modify More Biden-Era Off-Channel Settlements
The U.S. Securities and Exchange Commission declined Thursday to rework another batch of Biden-era settlements tied to so-called off-channel communications on Wall Street, turning down bids that challenged some terms as unfair in light of more lenient later deals.
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June 26, 2025
Barclays Can't Nix All Of Epstein Stock Fraud Suit, Judge Says
A California federal judge has refused to dismiss two of three claims in a securities class action accusing Barclays and a former CEO of the bank of misleading investors about the executive's ties to Jeffrey Epstein, finding it plausible that certain public statements the company made were misleading.
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June 26, 2025
EPA Illegally Ended Environmental Justice Grants, Groups Say
Environmental groups, a Native American village and other local governments have alleged in a proposed class action in D.C. federal court that the U.S. Environmental Protection Agency unlawfully stopped a $3 billion climate grant program created by the 2022 Inflation Reduction Act.
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June 26, 2025
Cable Biz Wants Notice Before FCC Waives Top-4 Rule
The cable industry criticized the Federal Communications Commission's handling of a recent waiver of its rule blocking broadcasters from owning more than one top-four TV station in a single market, telling FCC officials they should ask for the public's views before making any exceptions.
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June 26, 2025
CSBS Issues Money Transmitter Guidance on Virtual Currency
The Conference of State Bank Supervisors on Thursday released advisory guidance on how to consider virtual currency when calculating a licensee's tangible net worth under the Money Transmission Modernization Act, the first set of recommendations to be published under the CSBS board of directors' newly established process for issuing nonbinding, advisory guidance.
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June 26, 2025
Alaska Foster Kids Win Class Status In Child Welfare Suit
An Alaskan federal judge has ruled that foster children as a class can sue the director of the state's Department of Family and Community Services in her official capacity, finding merit in their claims that statewide practices put all kids in custody at serious risk of harm.
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June 26, 2025
Juul Faces Possible Revival Of Price Discrimination Suit
A vape wholesaler is urging an Illinois federal judge to reconsider an order ending its lawsuit accusing Juul Labs of giving a rival wholesaler a better deal on e-cigarettes, arguing its failure to explicitly identify the geographic market in which it competed should not have sunk the case.
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June 26, 2025
Biotech Co. Must Face Investor Suit Over Misleading Claims
Biotech company CytoDyn and its former executives and directors cannot escape a suit accusing them of misleading shareholders about the likelihood that the U.S. Food and Drug Administration would approve its drug the company claimed had the potential to treat HIV and COVID-19.
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June 26, 2025
SEC Members Hint At Curtailing CEO Pay Disclosure Rules
The U.S. Securities and Exchange Commission's Republican majority Thursday expressed support for paring back disclosures requiring publicly traded companies to compare CEO pay to that of the median worker as well as reporting requirements that detail how executive pay stands up to financial performance.
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June 26, 2025
Judge 'Cannot Justify' Ga.'s Social Media Age Limit Law
A federal judge on Thursday declared unconstitutional Georgia's new restrictions on minors' use of social media, halting enforcement of the measures on First Amendment grounds just weeks before they were to take effect.
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June 26, 2025
Construction Cos. To Pay $13M For PPP Loan Statements
Several companies have agreed to pay the federal government $13 million to resolve claims that they violated the False Claims Act by misstating their qualifications for Paycheck Protection Plan forgivable loans during the height of the COVID-19 pandemic, according to New Jersey's top federal prosecutor.
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June 26, 2025
5th Circ. Revives Biz Records Law, Citing Review Safeguard
The Fifth Circuit on Thursday tossed a permanent injunction blocking a Texas statute requiring businesses to immediately comply with the state's demand to examine business records, saying the Texas Supreme Court recently "harmonized" the law in a way that addresses Spirit AeroSystems Inc.'s constitutional challenge.
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June 26, 2025
FCC Votes To Slash Rules At June Meeting
Most of what the Federal Communications Commission did at its monthly meeting Thursday was vote away rules that it no longer deems useful to keeping the agency and the various telecommunications sectors under its purview running smoothly.
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June 26, 2025
UK Investigating Boeing's $4.7B Deal For Spirit Aero
Britain's Competition and Markets Authority on Thursday issued a call for comments about Boeing's planned $4.7 billion deal for aircraft parts maker Spirit AeroSystems to see if the tie-up will reduce competition in the country, joining U.S. enforcers who are already reviewing the deal.
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June 26, 2025
Wireless Cos. Ask FCC To Overturn Subsidy Rulings
Two wireless companies have asked the Federal Communications Commission to reverse the Universal Service Administrative Co.'s decisions denying some of the federal subsidies the companies received for providing low-income households with broadband discounts.
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June 26, 2025
Kimberly-Clark Inks $4.15M Deal In Gown Fraud Suit
Kimberly-Clark Corp. has agreed to pay $4.15 million to settle a suit brought by a doctor on behalf of the federal government alleging it violated the False Claims Act by falsely claiming its surgical gowns protected against contagious diseases.
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June 26, 2025
GOP Sens. Aim To Finalize Crypto Market Bill By Sept. 30
Republican senators pledged Thursday to finish their digital asset market structure legislation by the end of September, stressing the urgency of delivering on President Donald Trump's aim to make the U.S. the cryptocurrency capital of the world.
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June 26, 2025
Judge Casts Doubt On Plea Deals In Blood Test Defect Case
A set of plea agreements between Massachusetts federal prosecutors and former Magellan Diagnostics executives has been thrown into uncertainty amid a dispute over whether the executives admitted to fraud related to defective blood tests or merely an intent to mislead, a question a judge said Thursday might be "a very expensive rabbit hole."
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June 26, 2025
Boeing Wins Discovery Stay In Chancery Derivative Suit
Pointing to court doctrines barring discovery while a derivative suit faces dismissal motions, a Delaware vice chancellor on Thursday grounded a Boeing Co. stockholder bid to continue demanding records pending a final decision on the company's right to control the action, which alleges massive, costly safety failures.
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June 26, 2025
DOJ Puts U. Of California Diversity Plans Under Microscope
The U.S. Department of Justice's civil rights arm said Thursday it's launching an investigation into whether a University of California strategic plan prompted its campuses to discriminate against job applicants and employees based on their race and gender.
Expert Analysis
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Debunking 4 Misconceptions Around Texas' IV Therapy Law
Despite industry confusion, an IV therapy law enacted in Texas last week may actually be the most business-friendly regulatory development the medical spa industry has seen in recent years, says Keith Lefkowitz at Hendershot Cowart.
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Employer Tips For Responding To ICE In The Workplace
Increased immigration enforcement under President Donald Trump's administration has left employers struggling to balance their compliance obligations with their desire to provide a safe workplace, so creating a thorough response plan and training for U.S. Immigration and Customs Enforcement's presence at the workplace is crucial, say attorneys at Hanson Bridgett.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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Comparing Stablecoin Bills From UK, EU, US And Hong Kong
For multinational stablecoin issuers, navigating the differences and similarities among regimes in the U.K., EU, Hong Kong and U.S., which are currently unfolding in several key ways, is critical to achieving scalable, compliant operations, say attorneys at Morgan Lewis.
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What Baseball Can Teach Criminal Attys About Rule Of Lenity
Judges tend to assess ambiguous criminal laws not unlike how baseball umpires approach checked swings, so defense attorneys should consider how to best frame their arguments to maximize courts' willingness to invoke the rule of lenity, wherein a tie goes to the defendant, says Jonathan Porter at Husch Blackwell.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.
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Focusing On Fluoride: From FDA To Class Action
A class action filed two days after the U.S. Food and Drug Administration announced plans to remove ingestible fluoride prescription drug products for children from the market may be the tip of the iceberg in terms of the connection between government pronouncements on safety and their immediate use as evidence in lawsuits, says Rachel Turow at Skadden.
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A Guide To Permanent Capital Vehicles As Access Widens
Recent regulatory and legislative actions are making it easier for retail investors to access permanent capital vehicles like closed-end, interval, tender offer and open-end funds, which each offer distinct advantages that are important to review, say attorneys at Mayer Brown.
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The CFTC Is Shaking Up Sports Betting's Legal Future
The sports betting industry faces a potential sea change amid recent state and federal actions across the regulatory landscape that have expanded access to sporting event contracts against the backdrop of waning Commodity Futures Trading Commission opposition, says Nick Covek at Foley & Lardner.
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Series
Law School's Missed Lessons: Rejecting Biz Dev Myths
Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.
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DOJ Has Deep Toolbox For Corporate Immigration Violations
With the U.S. Department of Justice now offering rewards to whistleblowers who report businesses that employ unauthorized workers, companies should understand the immigration enforcement landscape and how they can reduce their risk, say attorneys at McDermott.
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Trade In Limbo: The Legal Storm Reshaping Trump's Tariffs
In the final days of May, decisions in two significant court actions upended the tariff and trade landscape, so until the U.S. Supreme Court rules, businesses and supply chains should expect tariffs to remain in place, and for the Trump administration to continue pursuing and enforcing all available trade policies, say attorneys at Ice Miller.
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Speech Protection Questions In AI Case Raise Liability Risk
A Florida federal court's recent landmark ruling in Garcia v. Character Technologies, rejecting artificial intelligence developers' efforts to shield themselves from product liability and wrongful death claims under the First Amendment, challenges the assumption that chatbot outputs qualify as speech, and may redefine AI regulation and litigation nationally, says Peter Gregory at Goldberg Segalla.
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Move Beyond Surface-Level Edits To Master Legal Writing
Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.
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3 Rulings May Reveal Next Frontier Of Gov't Contract Cases
Several U.S. Supreme Court decisions over the past year — involving wire fraud, gratuities and obstruction — offer wide-ranging and arguably conflicting takeaways for government contractors that are especially relevant given the Trump administration’s focus on diversity, equity and inclusion initiatives, say attorneys at Rogers Joseph.