Compliance

  • May 10, 2024

    Cos. Sufficiently Alleged DOL Retaliation Over Atty, Judge Says

    The U.S. Department of Labor failed Friday to trim a lawsuit challenging three companies' five-year ban from the H-2B program after a Texas federal judge ruled that the companies sufficiently alleged that the department retaliated against them because of their attorney choice.

  • May 10, 2024

    Atty Says Panoramic Fired Her For Raising Compliance Issues

    Panoramic Health faces a wrongful termination suit filed Thursday in Colorado federal court by its former assistant general counsel who claims she was fired after raising concerns about its alleged noncompliance with federal anti-kickback statutes and regulations over its federally funded kidney care contracting program.

  • May 10, 2024

    Congress Wants Microsoft Prez To Testify On Security Failures

    A congressional committee has asked Microsoft President Brad Smith to testify at a public hearing about the company's cybersecurity measures and response to recent successful attacks against government officials by Russian and Chinese hackers, according to a letter posted Friday on social media platform X.

  • May 10, 2024

    Pa. Commission Had Right To Deny Grid Project, 3rd Circ. Told

    The Pennsylvania Public Utility Commission called on the Third Circuit on Friday to reinstate its rejection of a transmission power project approved by regional grid operator PJM Interconnection, arguing a federal district court wrongly deemed the decision unconstitutional.

  • May 10, 2024

    Pharmaceutical Cos. Can't Nix Parkinson's Drug Antitrust Suit

    A Delaware federal judge has issued a sealed order refusing to dismiss drugmakers Sage Chemical Inc. and TruPharma's antitrust suit accusing rival Supernus Pharmaceuticals and others of suppressing generic versions of the Parkinson's treatment Apokyn.

  • May 10, 2024

    4th Circ. Judge Suspects 'Abuse' In Land Donor Tax Case

    The Fourth Circuit appeared poised Friday to rule that a couple owes taxes and penalties after claiming an inflated $5.1 million valuation on donated land for deductions, with one judge positing he believed the couple had engaged in "abuse" of a conservation donation.

  • May 10, 2024

    SEC Asks For Win Following Ex-Apple Atty's Guilty Plea

    The U.S. Securities and Exchange Commission moved for summary judgment Friday on insider trading claims against a former senior attorney at Apple Inc., arguing there is no need to relitigate claims since the lawyer already pled guilty to criminal charges related to a lucrative insider trading scheme.

  • May 10, 2024

    Chamber OK'd To Intervene Against FTC Noncompete Rule

    A Texas federal judge gave the U.S. Chamber of Commerce the go-ahead to intervene in Ryan LLC's first-to-file challenge of the Federal Trade Commission's ban on employee contract noncompete agreements, putting the trade group back in the fight after its own lawsuit was paused.

  • May 10, 2024

    Everton Accepts Two-Point Penalty Over Financial Breaches

    Everton Football Club said Friday it will not fight the decision by the Premier League Independent Commission to impose a two-point deduction for its violation of the league's rules regarding financial viability, as the team faces a potential sale.

  • May 10, 2024

    EPA Tightens Copper-Smelting Toxic Emissions Standards

    The U.S. Environmental Protection Agency is finalizing regulations it says will reduce toxic, cancer-causing emissions from copper-smelting facilities.

  • May 10, 2024

    Signal Peak Asks Court To Block DOI's Coal Mine 'Delay'

    Signal Peak Energy is asking a D.C. federal court to force the U.S. Department of the Interior to speed up its "unlawfully lengthy" timeline for an environmental review needed for the planned expansion of a Montana coal mine.

  • May 10, 2024

    CFPB's Credit Card Late Fee Rule Halted By Texas Judge

    A Texas federal judge on Friday stayed the Consumer Financial Protection Bureau's $8 credit card late fee standard, granting a preliminary injunction sought by the U.S. Chamber of Commerce and other industry groups that are challenging the legality of the agency rule.

  • May 10, 2024

    Kraken Says SEC's Crypto Theory Would 'Gut Howey'

    Crypto exchange Kraken told a California federal judge that the U.S. Securities and Exchange Commission's theory of why token sales on public exchanges offend securities laws could lead to a "significant reordering of the U.S.'s financial regulatory structure" if the agency's enforcement action against its parent companies is upheld.

  • May 10, 2024

    FCC Removes Two Providers From Broadband Program

    The Federal Communications Commission ordered the removal of Texas-based internet service provider Tone Communication Services LLC and Georgia-based provider City Communications Inc. from the Affordable Connectivity Program.

  • May 10, 2024

    FINRA Fines Merrill Lynch $825K Over Supervisory Failures

    Merrill Lynch has agreed to be censured and pay an $825,000 fine to the Financial Industry Regulatory Authority to resolve claims that it failed to establish and maintain certain supervisory procedures and comply with recordkeeping requirements.

  • May 10, 2024

    Conn. Quarry Wants $1.3M For Attys After $9.5M Trial Win

    A Connecticut quarry that the town of East Haven was found to have shut down for political reasons should receive just under $1.3 million for its attorney fees after winning a constitutional challenge in federal court, the company said in a Friday filing.

  • May 10, 2024

    NJ State Police Settle Suit Over Expungements Backlog

    The New Jersey State Police agreed to speed up the processing of expungements to resolve the Office of the Public Defender's proposed class claims over a backlog of judicial orders that numbered 46,000 as of October, Attorney General Matt Platkin and Public Defender Jennifer N. Sellitti said in a joint statement Friday. 

  • May 10, 2024

    What To Know About Biden's ACA Nondiscrimination Rule

    Recently finalized regulations tackling what constitutes discrimination under the Affordable Care Act could have significant impacts on health plans that include greater liability for third-party plan administrators, attorneys say. Here are three things employers should know now that the final rule is on the books.

  • May 10, 2024

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    Help for lawyers in dealing with legal data challenges has come, thanks to corporate and law firm leaders who founded a new industry framework called Legal Data Intelligence. And at least one U.S. senator is questioning Amazon and Walmart's use of new tech to create "dynamic pricing" that may harm consumers.

  • May 10, 2024

    5th Circ. Upholds SEC Proxy Rule On ESG Disclosures

    The Fifth Circuit on Friday threw out a legal challenge to a U.S. Securities and Exchange Commission requirement that will make it easier for investors to identify ESG issues on corporate ballots, saying that suing states like Texas haven't proven that they'll be financially harmed by the measure.

  • May 10, 2024

    Gov't Watchdog Sees Title IX Enforcement Lagging

    More than five decades after the passage of Title IX, the U.S. Department of Education is falling down on the job of ensuring gender equity in college athletics, a government watchdog agency found this week, demanding more vigilance and transparency from the department.

  • May 10, 2024

    Financial Tech Co. Wants New Trial In $7.8M Breach Suit

    A financial technology company ordered to pay more than $7.8 million to an Atlanta-area capital recruiting firm for violating an agreement to pay the recruiter to connect it with investors has asked a Georgia federal judge for either a new trial or judgment as a matter of law.

  • May 10, 2024

    CFTC Floats Ban On Election Betting Contracts

    A divided U.S. Commodity Futures Trading Commission approved a proposed rule Friday that would ban trading on the outcome of elections, further solidifying its contested position that such activities constitute illegal "gaming" and threaten to thrust the agency into the role of an "election cop."

  • May 10, 2024

    Climate Group Settles DOJ Claims It Shut Out Noncitizens

    A Massachusetts-based nonprofit organization focused on climate action agreed to settle claims it discriminated against non-U.S. citizen job seekers including asylees and green-card holders by inviting only U.S. citizens to apply for jobs, the U.S. Department of Justice announced.

  • May 10, 2024

    Now Hiring: Michigan AG Seeks Attys For Climate Change Suits

    Michigan Attorney General Dana Nessel is looking for attorneys and law firms to serve as assistant attorneys general to pursue litigation related to climate change on behalf of the state of Michigan.

Expert Analysis

  • Series

    Calif. Banking Brief: All The Notable Legal Updates In Q1

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    The first quarter of the year brought the usual onslaught of new regulatory developments in California — including a crackdown on junk fees imposed by small business lenders, a big step forward for online notarizations and a ban on predatory listing agreements, says Alex Grigorians at Hanson Bridgett.

  • Tipsters May Be Key To Financial Regulators' ESG Efforts

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    The U.S. Securities and Exchange Commission and the Commodity Futures Trading Commission are looking to whistleblowers to assist their climate and ESG task forces, suggesting insider information could be central to the agencies' enforcement efforts against corporate greenwashing, false investment claims and climate disclosure violations, says John Crutchlow at Youman & Caputo.

  • Breaking Down California's New Workplace Violence Law

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    Ilana Morady and Patrick Joyce at Seyfarth discuss several aspects of a new California law that requires employers to create and implement workplace violence prevention plans, including who is covered and the recordkeeping and training requirements that must be in place before the law goes into effect on July 1.

  • 5 Takeaways From SAP's Foreign Bribery Resolutions

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    German software company SAP’s recent settlements with the U.S. Department of Justice and U.S. Securities and Exchange Commission, resolving allegations of foreign bribery, provide insights into government enforcement priorities, and how corporations should structure their compliance programs to reduce liability, say attorneys at Perkins Coie.

  • Series

    Serving As A Sheriff's Deputy Made Me A Better Lawyer

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    Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.

  • 10 Ransomware Issues GCs Should Have On Their Radar

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    As the ransomware threat landscape rapidly evolves, in-house counsel should expect to face a number of challenging dynamics, including the need to justify any ransom payments both to internal and external stakeholders, and data extortion demands that are bypassing the encryption stage, say attorneys at Alston & Bird.

  • Opinion

    The SEC Is Engaging In Regulation By Destruction

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    The U.S. Securities and Exchange Commission's recent use of regulation by enforcement against digital assets indicates it's more interested in causing harm to crypto companies than providing guidance to the markets or protecting investors, says J.W. Verret at George Mason University.

  • Former Minn. Chief Justice Instructs On Writing Better Briefs

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    Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.

  • Preparing For Possible Calif. Criminal Antitrust Enforcement

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    Though a recent announcement that the California Attorney General's Office will resume criminal prosecutions in support of its antitrust enforcement may be mere saber-rattling, companies and their counsel should nevertheless be prepared for interactions with the California AG's Antitrust Section that are not limited to civil liability issues, say Dylan Ballard and Lillian Sun at V&E.

  • What To Know About IRS' New Jet Use Audit Campaign

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    The Internal Revenue Service recently announced plans to open several dozen audits scrutinizing executive use of company jets, so companies should be prepared to show the business reasons for travel, and how items like imputed income and deduction disallowance were calculated, say attorneys at Morgan Lewis.

  • ShapeShift Fine Epitomizes SEC's Crypto Policy, And Its Flaws

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    A recent U.S. Securities and Exchange Commission order imposing a fine on former cryptocurrency exchange ShapeShift for failing to register as a securities dealer showcases the SEC's regulation-by-enforcement approach, but the dissent by two commissioners raises valid concerns that the agency's embrace of ambiguity over clarity risks hampering the growth of the crypto economy, says Keith Blackman at Bracewell.

  • 2nd Circ. Adviser Liability Ruling May Shape SEC Enforcement

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    The Second Circuit’s recent decision in U.S. Securities and Exchange Commission v. Rashid, applying basic negligence principles to reverse a finding of investment adviser liability, provides a road map for future fraud enforcement proceedings, says Elisha Kobre at Bradley Arant.

  • Stay Interviews Are Key To Retaining Legal Talent

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    Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.

  • Overdraft Opt-In Practices Hold Risks For Banks

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    A recent Consumer Financial Protection Bureau action against Atlantic Union Bank regarding overdraft opt-in sales practices highlights compliance risks that financial institutions must be aware of, especially when enrolling customers by phone, says Kristen Larson at Ballard Spahr.

  • AI In Accounting Raises OT Exemption Questions

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    A recent surge in the use of artificial intelligence in accounting work calls into question whether professionals in the industry can argue they are no longer overtime exempt under the Fair Labor Standards Act, highlighting how technology could test the limits of the law for a variety of professions, say Bradford Kelley at Littler and Stephen Malone at Peloton Interactive.

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