ESMA Supervisory Briefing on Algorithmic Trading

The European Securities and Markets Authority (ESMA) has issued a supervisory briefing to support consistent supervision of algorithmic trading across the EU. The briefing provides National Competent Authorities with tools and clarified expectations for supervising firms engaged in algorithmic trading under MiFID II, including considerations for AI.

ESMA Consults on EMIR 3 Post-Trade Risk Reduction Services

The European Securities and Markets Authority (ESMA) has launched a consultation on the requirements for post-trade risk reduction (PTRR) services under EMIR 3. The consultation seeks feedback on draft Regulatory Technical Standards (RTS) that define conditions for PTRR services to benefit from a clearing obligation exemption.

FTC and States Secure $100M Judgment Against Walmart for Deceptive Earnings Claims

The FTC and 11 states have secured a $100 million judgment against Walmart to settle allegations of deceptive earnings claims made to delivery drivers in its Spark Driver program. The company allegedly misled drivers about base pay, incentives, and tips, causing drivers to lose tens of millions of dollars.

United States ex rel. Crutcher v. First Guaranty Mortgage Corporation - False Claims Act

The United States District Court for the District of Delaware is considering a False Claims Act case filed by relator Kari Crutcher against First Guaranty Mortgage Corporation and others. The court is addressing a motion for leave to file a revised complaint, which includes allegations against PIMCO and a former CEO, following FGMC's bankruptcy and reorganization.

Delaware Court of Chancery Opinion on Motion to Dismiss

The Delaware Court of Chancery issued an opinion regarding a motion to dismiss a corporate law case. The court found it lacked personal jurisdiction over one of the defendants, an affiliate of a controlling stockholder, due to insufficient Delaware-directed activity. This ruling impacts the scope of potential legal actions against controlling entities in Delaware.

Genesis CMG Holdings LLC v. Philip Yancey - Motion to Dismiss Contract Dispute

The Delaware Court of Chancery recommended dismissal of a contract dispute filed by Genesis CMG Holdings LLC against former executives Philip Yancey and Jennifer Miller-Baten. The court found that the restrictive covenants at issue had terminated by their own terms before the alleged breaches occurred, failing to state a viable claim.

AFGE v. Trump - Labor Law

The Ninth Circuit vacated a preliminary injunction in AFGE v. Trump, concerning labor relations for federal employees. The court found the injunction was improperly granted, impacting the application of executive orders related to federal worker unions.

Lopez v. United States - Appeal of Sentence for Child Pornography Offenses

The Fifth Circuit Court of Appeals vacated and remanded David Lopez Jr.'s 360-month sentence for child pornography offenses. The court agreed that a five-level enhancement for engaging in a pattern of activity involving the sexual abuse or exploitation of a minor was incorrectly applied.

Kealani Distribution v. FDA - Tobacco Control Act Rule Challenge

The Fifth Circuit Court of Appeals affirmed a district court's decision upholding the FDA's Final PMTA Rule. The court found that the FDA complied with the Regulatory Flexibility Act when promulgating the rule, which regulates new tobacco products. The ruling impacts manufacturers and trade associations representing small businesses in the vapor product industry.

Dentist Sentenced for Fraud, Unlicensed Practice, and Illegal Prescribing

The Massachusetts Attorney General's Office announced the sentencing of Fritz Gabriel to five years in jail for practicing dentistry without a license, illegally prescribing controlled substances, and defrauding MassHealth of over $245,000. Gabriel was convicted on multiple felony counts and ordered to pay restitution.