The Latest
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FCC net neutrality rule among first to fall in Loper Bright’s aftermath
No longer bound by deference to regulators, a Sixth Circuit panel ruled that the Biden administration cannot enforce stricter regulation policy on internet service providers.
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Little partisan difference among commissioners in FTC enforcement
Members appointed by Republican and Democratic presidents tend to agree when the agency should file a complaint against a proposed merger, an analysis finds.
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Indiana health system ex-CFO to get $6.3M whistleblower settlement
As part of a $145.7 million settlement, CHN will pay $6.3 million to its ex-CFO, with attorney fees still to be determined, the company said.
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The state of website privacy: Here’s what the numbers say
Despite privacy being a concern for both marketers and consumers, 75% of the most visited websites in the U.S. and Europe lack regulatory compliance.
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Wearables at work can break the law if employers aren’t careful, EEOC warns
A newly released fact sheet by the commission explains how employers may approach and use wearable technology, like smart watches, in the workplace.
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Who’s on Trump’s short list for next SCOTUS justice?
James Ho of the highly conservative Fifth Circuit Court of Appeals is one judge who’s on the top of the list for Trump 2.0. Judge Amul Thapar of the Sixth Circuit also comes up a lot.
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Keep antitrust remedy focused on search, Google says in stab at DOJ
The agency’s call for the tech giant to divest Chrome because of its search dominance goes beyond the competition issues that were raised in the high-profile monopoly case, the company says.
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Anna Hrushka/Legal Dive
Kansas bank challenges $20M FDIC penalty
CBW Bank, charged with failing to maintain adequate anti-money laundering controls, has filed a lawsuit challenging the agency’s action, calling the penalty “unreasonable and unprecedented for a bank of this size.”
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Opinion7 tips for effective, internal workplace investigations
Well-executed investigations can protect the entity involved as well as the individuals affected by its results, writes Joycelyn Stevenson, a shareholder at Littler Mendelson.
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Final rule to overhaul H-1B visa eligibility requirements takes effect Jan. 17
Employers should be prepared for potential disruption caused by the rule, attorneys for law firm Fragomen wrote this week.
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BofA hit with OCC order over Secrecy Act
The bank cautioned in an October filing that it was in talks with regulators over issues with its Bank Secrecy Act compliance programs.
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OpinionFanDuel, DraftKings inquiry could shape antitrust enforcement in digital markets
If the companies are found to be targeting critical inputs and partnerships essential to smaller competitors, they could be unlawfully restraining trade.
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CVS dispensed opioid drugs unlawfully in profit push, US suit alleges
The pharmacy chain pressed staff to churn out prescriptions, ignoring red flags amid the U.S. opioid epidemic, the DOJ claims. CVS decried the suit’s “false narrative.”
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FTC excludes restaurants from junk fee rule
In another regulatory victory for restaurants, the Federal Trade Commission backtracked on including restaurant fees in its price transparency rule.
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CFPB sues JPMorgan, Bank of America, Wells Fargo over Zelle
Zelle operator Early Warning Services rushed the platform to market to compete with the likes of Venmo and CashApp but without effective safeguards, the agency said.
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OpinionHow Big Tech’s AI arms race threatens data security
The data security industry exists to secure its customers’ records. With some security companies selling data for AI training, it might be time for a quasi-governmental regulator to step in with standards.
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Generative AI is great for legal work — but make sure it’s monitored, judges say
Magistrates say lawyers must understand how their AI tools work, supervise their teams, check results carefully and not fear experimenting with ways to use them.
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Decision shines light on when courts might fix bad noncompetes
Companies whose agreements need paring down in scope can expect some help but if the agreements need a major rewrite, courts are likely to balk, a Chancery Court ruling suggests.
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FDIC weighs lawsuit against ex-SVB execs
The regulator is considering taking legal action against six former officers and 11 former directors of Silicon Valley Bank over their role in the bank’s collapse and $23 billion hit to the Deposit Insurance Fund.
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Caroline Colvin/Legal Dive
SCOTUS sends NLRB ‘successor bar’ rule case back for post-Chevron analysis
The high court said an appeals court would need to consider what effect the reversal of federal agency deference standards had on a Puerto Rico hospital’s labor dispute.
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Preparing your labor force for Trump 2.0? Start with employee audits.
Employers can expect heavy scrutiny of workers’ immigration status, worksite inspections and likely changes to U.S. visa programs.
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Grubhub to pay $25M in FTC settlement
The Federal Trade Commission and the Illinois Attorney General alleged the company deceived customers with junk fees and added restaurants to the platform without permission.
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Q&AIronclad’s new GC on career changes and how AI will make lawyers better
Jasmine Singh, who traded Big Law for in-house counsel work, shares tips on doing your workplace diligence and why generative AI will improve legal practice.
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In M&A, it’s possible for a GC to be too good
Getting everything you want in negotiations isn’t optimal if it leaves the other side – your future colleagues – feeling defeated, the CLO of a strategic acquirer says.
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Drew Angerer / Staff via Getty Images
Trade groups sue CFPB over overdraft rule
It took only one day for trade groups and banks to take legal action against the financial watchdog, which announced its overdraft rule Thursday.
