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Bot Army v1.01 - January, 2025

Legal Intelligence

"Precision Insights for Legal Updates"

Legal Intelligence Report

# Opening

The legal landscape is rapidly evolving, driven by significant regulatory changes and notable case outcomes that are shaping various sectors. Recent headlines indicate a distinct shift towards innovation and granular oversight in both financial markets and immigration processes. As regulatory bodies adapt to emerging technologies, particularly in the realm of digital assets, businesses must stay abreast of compliance updates and legal implications that could affect operational frameworks.

# Key Legal Developments

One of the most prominent updates comes from the Commodity Futures Trading Commission (CFTC), which has provided new guidance on the use of digital asset collateral. This marks a significant step towards integrating digital assets into traditional financial frameworks, allowing institutions to leverage these assets for collateral purposes. The CFTC's move is expected to lower barriers for participation in digital markets and may result in renewed interest from institutional investors. Alongside this, the CFTC has also partially reinstated exemptions for Commodity Pool Operators (CPOs) that are Registered Investment Advisors (RIAs), further easing regulatory burdens and fostering innovation.

In the immigration arena, the U.S. has introduced a new H-1B weighted selection process aimed at replacing the longstanding random lottery system. This shift is designed to prioritize applicants based on their qualifications and contributions to the U.S. economy, reflecting a trend towards a more merit-based immigration policy. As this regulatory framework takes shape, employers need to strategize recruitment and sponsorship processes to align with the new selection criteria.

# Regulatory Changes and Compliance Updates

Employers in California face new challenges as they prepare for year-end compliance checks, with a checklist highlighting essential legal and regulatory requirements they must meet. This includes adherence to evolving employment laws which necessitate consistent updates to workplace policies and practices. Failure to comply with these regulations can lead to significant penalties, underscoring the importance of proactive legal planning.

Additionally, recent publications from the European Banking Authority (EBA) and the European Securities and Markets Authority (ESMA) are set to impact the operational frameworks of financial institutions within the European Union. The EBA’s final report addresses amendments related to risk weights on immovable property exposures while ESMA outlines supervisory expectations for management bodies. These updates necessitate rigorous compliance mechanisms to uphold regulatory standards and mitigate associated risks.

# Notable Case Outcomes and Implications

Recent rulings from the New York Appellate Division and Court of Appeals have reaffirmed the importance of stringent compliance processes in social security matters, deciding cases where fundamental procedural errors occurred. These outcomes illuminate the necessity for legal practitioners to enhance due diligence and procedural adherence in navigating administrative legal disputes. The implications are clear: organizations must invest in comprehensive training and processes to minimize the risk of non-compliance.

# Industry-Specific Legal Trends

Across various sectors, there is a rising emphasis on sound management practices regarding third-party risk. The Basel Committee on Banking Supervision has published principles aimed at enhancing the oversight of third-party relationships, stressing the importance of robust risk assessments and management strategies. This trend highlights an ongoing commitment to maintaining financial stability and protecting consumers from potential risks associated with outsourced services.

# Action Steps

- **Review Compliance Checklists**: Ensure that your organization is up-to-date with the latest requirements, especially concerning employment law in California and financial regulations in the EU.

- **Assess Digital Asset Strategies**: Consider how the CFTC's guidance on digital asset collateral can be utilized within your operations or investment strategies.

- **Enhance Due Diligence**: Implement rigorous compliance checks and balances to prevent procedural errors, particularly in administrative and social security cases.

- **Train Staff on New Regulations**: Develop training programs that focus on the implications of the new H-1B selection process and the management of third-party risks to prepare your team for upcoming changes.

Key Developments

📝 Other
CFTC Opens the Door to Digital Asset Collateral: Regulatory Guidance, No-Action Relief, and Practical Implications

I.  Executive Summary - On December 8, 2025, the staff of the U.S. Commodity Futures Trading Commission (“CFTC”) launched a “digital assets pilot program” (the “Digital Assets Pilot Program”) providing greater certainty to commodity derivatives market participants who wish to accept collateral in t

Jurisdiction: Unknown
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📝 Administrative
New H-1B Weighted Selection Process to (Almost) Replace Random H-1B Lottery Process

On December 23, 2025, the Department of Homeland Security unveiled a new weighted H-1B selection regulation, which is expected to go into effect on February 27, 2026. This new regulation, which dramatically overhauls the current H-1B visa lottery selection process that has been in effect since aroun

Jurisdiction: Unknown
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📝 Administrative
A Year-End Compliance Checklist for California Employers

As 2025 comes to a close, many California employers are juggling holiday schedules, performance reviews, and planning for 2026. Just as importantly, now is the time to evaluate whether your workplace practices are keeping up with California’s fast-changing labor and employment laws. A structured yea

Jurisdiction: Unknown
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📝 Administrative
Commission Implementing Regulation on BRRD resolution planning published in OJ

Commission Implementing Regulation (EU) 2025/2303 has been published in the Official Journal of the European Union. The Regulation lays down updated implementing technical standards on procedures, standard forms and templates for the provision of information required for resolution plans under the B

Jurisdiction: Unknown
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📝 Other
FERC Directs PJM to Establish New Rules and Guidelines for Co-Located Load and Behind-The-Meter Generation

On December 18, 2025, the Federal Energy Regulatory Commission (FERC or Commission) directed PJM Interconnection (PJM), the nation's largest regional transmission organization, to establish transparent and fair rules for the co-location of large loads with grid-connected generation facilities. The C

Jurisdiction: Unknown
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📝 Administrative
EBA final report on amendments to RTS for risk weights on immovable property exposures

The European Banking Authority (EBA) has published its final report on draft regulatory technical standards (RTS) amending Delegated Regulation (EU) 2023/206 which supplements Regulation (EU) No 575/2013 (CRR). The EBA is mandated by Article 124(11) of the CRR to draft RTS which specify: (i) the typ

Jurisdiction: Unknown
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📝 Other
CFTC Staff Partially Reinstate CPO Exemption for RIAs

On December 19, 2025, the staff of the Division of Market Participants of the Commodity Futures Trading Commission (“CFTC”) issued no-action relief from commodity pool operator (“CPO”) registration for SEC-registered investment advisers (“RIAs”) to certain private funds. This relief effectively rein

Jurisdiction: SEC
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📝 Other
BCBS principles for the sound management of third-party risk

The Basel Committee on Banking Supervision (BCBS) has published its principles for the sound management of third‑party risk, replacing the 2005 Joint Forum outsourcing paper and establishing a common baseline for banks and supervisors. This follows the July 2024 consultation. The framework applies p

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📝 Social Security
No Ex Parte, Expert No-Show, No Add‑Ons, and a Pandemic Unemployment Aid Payback: This Week’s Decisions from the New York Appellate Division and Court of Appeals

Three New York Appellate Division workers’ compensation decisions plus one bonus Court of Appeals case on pandemic unemployment benefits last week......By: Weber Gallagher Simpson Stapleton Fires &

Jurisdiction: Unknown
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📝 Other
ESMA final report on supervisory expectations for the management body

The European Securities Markets Authority (ESMA) has published its final report on supervisory expectations for the management body of firms directly supervised by ESMA. The management body is defined as being the body or bodies legally appointed and empowered to set the strategy, objectives and ove

Jurisdiction: Unknown
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Last updated: December 26, 2025 at 10:47:19 PM

Key Developments