The Latest

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  FTC broadens breach notification rule to include apps

  Regulators have been pursuing more enforcement actions against health applications sharing consumers’ data. Friday’s final rule should give those actions more heft.

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  EEOC finalizes harassment guidance, addressing remote work and gender identity

  Harassment can include “outing” individuals, misgendering, and prohibiting workers from using sex-segregated bathrooms consistent with their gender identity, the agency said.

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  Think like a business person to move in-house, recruiter says

  Being on top of a legal specialty is crucial but you must think beyond that to apply your skills in a way that can help an organization move towards its goals.

  Hiring/Talent

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  Will Kroger and Albertsons’ revised divestiture plan satisfy the FTC?

  The grocers’ new deal with C&S Wholesale Grocers indicates they have heard the agency’s concerns — but whether it will be enough to get their proposed merger through remains unclear, analysts said.

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  FTC sues Doxo over deceptive ads, junk fees

  After the federal agency’s lawsuit landed Thursday, the Seattle bill-pay provider countered the allegations on Friday.

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  Manufacturing CFO in court over Williams Sonoma contract fraud

  “Greed can easily overtake one’s ability to be content,” the IRS says. “Mr. Nardone abused his position as the Chief Financial Officer and conspired with others to secure favorable contracts.” 

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  FTC effort to obtain litigation holds in Amazon case sparks privilege battle

  The agency says it needs preservation notices and messaging instructions to gauge the extent of spoliation in its antitrust battle against the company — and whether the spoliation was deliberate.

  Lawsuits and Litigation

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  Retailers object to Visa-Mastercard settlement

  The National Retail Federation lashed out at a landmark Visa-Mastercard legal settlement Friday, calling the pact reached with some merchants last month “meager and temporary” relief.

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  Negotiating limitations of liability when you have little leverage

  In-house counsel have levers they can pull if they know the risk a deal poses to their company, contract specialists say. 

  Contracts

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  FTC lawsuit on Tapestry-Capri merger could have wider implications

  The complaint demonstrates the agency’s recent crackdown on “serial acquisitions,” a practice that has become more common across industries.

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  88% of CFOs say FTC noncompete rule will have no impact on their careers

  Poll findings indicate that CFOs do not see the new FTC noncompete ruling as a threat to retaining top finance talent.

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  Customers Bancorp reframes ex-CFO’s dismissal

  Carla Leibold's departure was by "mutual agreement," not "cause," the bank holding company said in an amended filing. Leibold will receive $2.5 million but will forfeit her equity awards.

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  DOJ examines Capital One-Discover deal’s competitive angle

  The Fed and the OCC extended their comment periods on the proposed acquisition until May 31. Capital One doesn’t “take any signaling” from the regulators’ decision, CEO Richard Fairbank said.

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  FTC noncompete ban risks blowing up private equity deals

  Investors will be reluctant to buy a portfolio company if they can’t get assurance the executives won’t leave to start a rival business, a trade secret specialist says.

  Emerging Issues

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  Opinion

  Proposed PCAOB rule risks turning auditors into legal watchdogs

  The NOCLAR proposal would impose on auditors greatly expanded responsibilities for identifying — or even preventing — noncompliance with a very wide range of laws, PwC’s Brian Croteau writes.

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  Foxtrot, Dom’s sued amid mass layoff

  A class action complaint claims the companies violated the WARN Act by failing to give its employees at least 60 days notice of the mass layoff.

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  SCOTUS finds transportation workers exempt from Federal Arbitration Act

  By refusing to compel arbitration for drivers in Bissonnette v. LePage Bakeries, the Supreme Court clarified that job duties are the key in applying the FAA’s exemption.

  Contracts

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  Sprouts will pay $265K to settle federal discrimination charge

  A federal investigation determined the specialty grocer subjected employees in the Los Angeles area to sexual harassment and retaliation.

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  Uncertainty is the leading cause of employee noncompliance, Gartner finds

  While rationalization and malice can also lead to noncompliance, nearly 90% of employees told Gartner they recently faced situations in which they didn’t know how to comply.

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  Russian court orders seizure of nearly $440M in JPMorgan funds

  The ongoing legal battle between state-owned VTB Bank and the largest U.S. bank revolves around funds frozen in the wake of Russia’s invasion of Ukraine and subsequent sanctions.

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  FTC approves nationwide noncompete ban

  In a difference from the proposed rule, senior executives subject to a noncompete agreement today will remain subject to it; the ban will apply to executives going forward.

  Compliance

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  Chamber of Commerce sues to block FTC noncompete ban

  The agency exceeded its authority in enacting the rule, the business group says in a complaint that asks the rule be vacated and the FTC enjoined from enforcing it. 

  Emerging Issues

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  DOL will raise overtime salary threshold to $44K in July, $59K next year

  The final rule expands overtime pay eligibility to millions of U.S. workers, the department said.

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  Pulling back from HSR antitrust review cost company $23M

  The Department of Justice wouldn’t approve the deal without changes all sides could accept, leaving the company on the hook for a big contract termination fee.

  Emerging Issues

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  HeadSpin founder Lachwani sentenced to 18 months in prison for fraud

  The former CEO of HeadSpin — ordered to pay a $1 million fine — faces a July hearing focused on compensating bilked investors.

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