7/31/2025 1:44:05 PM Dodging Duties: The Ninth Circuit Affirms an Expansive Application of the False Claims Act By Stephen Chrisos In a key decision with major implications for importers, the Ninth Circuit affirmed that the False Claims Act can apply to customs fraud...
8/16/2025 4:33:02 PM The Trump Administration Dismantles California's "Clean Truck Partnership" Through the Use of Antitrust Law By Jacob H. Hupart On August 12, 2025, the Federal Trade Commission announced that it had “closed its investigation into whether several truck and engine...
8/16/2025 4:31:25 PM Denmark's Largest Bank Maintains Climate Commitment and Divests from Over 1700 Fossil Fuel Companies By Jacob H. Hupart Earlier this week, Danske Bank--Denmark's largest bank--announced that it would no longer invest in over 1700 fossil fuel companies due...
8/14/2025 1:49:02 PM Federal District Court Rejects Challenge to California's Climate Disclosure Law By Jacob H. Hupart On August 13, 2025, the challenge to the State of California's mandatory climate disclosure regulations was resoundingly rejected by...
8/12/2025 7:59:19 PM Real Versus Robot: Biometric Vetting in Hiring By Jennifer B. Rubin Our recent post (Real Versus Robot) focused on the risks inherent in the virtual world of accidentally hiring a bot and provided some...
8/11/2025 9:10:18 PM Trump Executive Order Attacks "De-banking" Practices By Jacob H. Hupart On August 7, 2025, President Trump issued an executive order targeting the practice of de-banking--as described in the executive order,...
8/11/2025 6:50:19 PM Florida Attorney-General Bans Outside Counsel with DEI & ESG Policies By Jacob H. Hupart The State of Florida's Attorney-General has increased the scope of his offensive against DEI and ESG initiatives. Not only has the...
8/7/2025 8:58:43 PM Climate Tort Lawsuit in South Carolina Dismissed by State Court By Jacob H. Hupart On August 6, 2025, a state court judge in South Carolina dismissed the climate change tort lawsuit filed by the City of Charleston...
8/4/2025 8:57:05 PM European Union Proposes Reduction in Climate Reporting Obligations By Jacob H. Hupart Last week, significant revisions were proposed to the European Union's ESG reporting rules, which reflect a major simplification and...
8/4/2025 6:41:48 PM Red State AGs ESG Antitrust Complaint Against Asset Managers Survives Motion to Dismiss By Jacob H. Hupart Last fall, a coalition of eleven Republication attorneys-general filed an antitrust complaint against three major asset managers,...
7/29/2025 9:44:09 PM Florida AG Announces Investigation into Climate Nonprofits for Alleged Violations of Consumer Protection and Antitrust Laws Based Upon Environmental Disclosures By Jacob H. Hupart On July 28, 2025, the Republican Attorney-General of Florida announced that his office had “issued subpoenas to investigate whether the...
7/29/2025 1:51:47 PM Real Versus Robot: How to Make Sure You’ve Hired a Human By Jennifer B. Rubin My colleagues recently wrote about the problems AI deepfakes pose in the workplace and some current legislation addressing the risks that...
7/24/2025 8:33:00 PM SEC Refuses to Answer Whether It Will Enforce Climate Disclosure Law If Upheld by Courts By Jacob H. Hupart On July 23, 2025, there was a notable development in the legal proceeding (currently pending in the Eighth Circuit) challenging the...
7/23/2025 7:29:19 PM Missouri AG Launches Investigation of Proxy Advisory Firms Related to Alleged ESG-Focused Recommendations By Jacob H. Hupart The Missouri Attorney-General, Republican Andrew Bailey, recently announced an investigation into the two principal proxy advisory firms...
7/23/2025 6:02:57 PM European Central Bank Plans to Fine Banks for Failures to Address Climate Change By Jacob H. Hupart It has been publicly reported that the European Central Bank is planning to impose financial penalties (albeit modest ones) on certain...
7/23/2025 1:34:00 AM Permission to Innovate: Rethinking AI Adoption in Law Firms By Stephen M. Osborn AI is no longer a distant concept for law firms. It's here -- and it has the potential to transform how we deliver for clients with...
7/17/2025 12:44:29 AM Click to Cancel: What the FTC’s Setback Means for Subscription-Based Businesses By Stephen M. Osborn I had a thought-provoking conversation this week with an in-house counsel about the now-vacated FTC “Click to Cancel” rule—a regulation...