The Latest

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  Column

  Unlike Khan, next FTC chair will likely have private sector experience

  All of the candidates under consideration have practiced in law firms or have had in-house roles, suggesting they’ll bring context that critics say is lacking in the current chief.

  Emerging Issues

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  FTC noncompete ban likely dead under Trump

  The president-elect is known to be a user of NDAs that function as noncompetes, and the accounting firm behind the successful court challenge to the ban is a Trump tax adviser.

  Compliance

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  Utah Supreme Court proposes apprenticeship path for law graduates

  The trend is in keeping with a larger workforce-wide push toward skills-based hiring.

  Emerging Issues

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  SEC charges Invesco $17.5M for misleading ESG statements

  “Companies should be straightforward with their clients and investors rather than seeking to capitalize on investing trends and buzzwords,” the acting head of SEC enforcement said.

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  California’s climate disclosure laws survive first legal challenge

  A federal judge denied a motion for summary judgment from the U.S. Chamber of Commerce which alleged the state’s climate bills — SB 253 and SB 261 — violated the First Amendment.

  Lawsuits and Litigation

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  FTX suing Binance, founder for $1.76B

  The FTX estate is looking to recoup funds it alleged were “fraudulently” transferred to Binance in 2021.

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  Trump agenda has states, advocacy groups girding for legal battles

  California, New York and Illinois are among states readying to sue the Trump administration over divisive social issues.

  Lawsuits and Litigation

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  Facebook seeks to scuttle massive securities fraud suit

  An attorney representing Facebook’s parent, Meta, told the Supreme Court the company did not need to disclose a past data breach on risk disclosure statements with the SEC.

  Lawsuits and Litigation

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  Harness your data better to drive legal strategy, AI expert says

  Generative AI is a key component of unlocking data to benefit in-house legal departments and their outside firms, a legal tech executive says.

  Legal Technology

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  Merger guidelines will likely go away under Trump

  Expect continued robust enforcement of competition laws but based on legal precedent rather than the sweeping approach taken under Biden, specialists say.

  Emerging Issues

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  Wabash vows to keep fighting $450M punitive verdict

  The company has argued that the verdict was excessive and should be dramatically reduced.

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  FTC orders Sitejabber to stop misleading customers with reviews

  The agency alleges the online platform published reviews from customers who hadn’t received or experienced the product or service being reviewed.

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  Which rule is ‘dead’ and which will go into effect under Trump? Attorneys weigh in.

  Three Cozen O’Connor attorneys discuss which widely-watched Biden administration rule is likely to survive — and what’s likely to go nowhere.

  Compliance

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  Trump lawsuit over CBS editing raises issue of judge-shopping

  The ex-president’s filing in Texas concerning a “60 Minutes” segment could be a venue stretch. How far can a lawyer reasonably argue that a particular court is the right place to litigate?

  Lawsuits and Litigation

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  4 employment actions to expect under a second Trump presidency

  Employers are likely to see immigration raids, agency chair replacements and a slowing in regulatory activity, experts at Littler predicted.

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  Justices weigh FLSA overtime exemption burden of proof

  A number of federal laws use a preponderance of evidence standard and so should the Fair Labor Standards Act, says the attorney representing the employer in the case.   

  Compliance

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  Opinion

  Alphabet case echoes 50 years of antitrust overreach

  New technologies, not antitrust actions, have tended to humble tech giants of the past. There ‘s no reason to believe that won’t be the case today as regulators target a new set of successful companies.  

  Emerging Issues

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  Banking rules, and regulators, that face change under Trump

  With another Trump presidency set to kick off in January, the clock has turned against several Democratic appointees and agenda items.

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  SCOTUS looks at FCA damages even when US doesn’t provide funds

  Wisconsin Bell says it shouldn’t be subject to False Claims Act damages because the subsidies it took advantage of weren’t provided by the federal government.  

  Lawsuits and Litigation

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  Opinion

  DOJ’s Visa suit is unfounded

  The government acknowledges payment volumes are rising, in part because of fintech growth. This competition wouldn’t be happening if a single entity, like Visa, controlled the ecosystem.

  Lawsuits and Litigation

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  Opinion

  Supreme Court poised to weigh in on legal test for FLSA exemptions

  The High Court heard oral arguments Tuesday in a case that could have implications for employers nationwide. 

  Lawsuits and Litigation

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  DOJ has received 200 tips since launching whistleblower program

  Self-disclosures have picked up, too, doubling since 2021, as part of the agency’s broader corporate accountability push, an agency official reports.

  Compliance

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  Kroger-Albertsons merger in court: 6 key takeaways

  Competition, pricing and the fate of Albertsons were key points of contention in the three court battles that unfolded over a nearly two-month period.

  Lawsuits and Litigation

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  Geopolitical risk is spurring greater corporate spending: survey

  Among six major global trade nations, corporate legal executives see the U.S. and Mexico as the highest risk for imposing trade tariffs, a survey finds.

  Emerging Issues

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  Visa lawsuit might complicate DOJ’s scrutiny of Capital One-Discover deal

  If the Justice Department were to block the Capital One-Discover deal while also going after Visa, “they’d be intellectually inconsistent,” a George Mason University law professor said.

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