Compliance

  • February 26, 2024

    Feds Urge Kentucky Court To Preserve Highway GHG Rule

    The U.S. Department of Transportation on Friday asked a Kentucky federal judge to toss Republican-led states' challenge to a rule that requires all states to set targets for reducing on-road carbon dioxide emissions.

  • February 26, 2024

    6th Circ. Sanctions Prison Co. For Not Disclosing Asset Info

    A Sixth Circuit panel has held a Federal Bureau of Prisons contractor in contempt for its "woefully inadequate" efforts to turn over financial records to the National Labor Relations Board as ordered, in a dispute over two fired union supporters' back pay.

  • February 26, 2024

    Mass. Casino Gets 2nd Fine For Taking Illegal College Bets

    The Massachusetts Gaming Commission on Monday fined Encore Boston Harbor $40,000 for improperly taking bets on games involving in-state colleges, the second such punishment doled out to the casino in the past seven months.

  • February 26, 2024

    Banks Say Brazil Pollution Suit In NY Is In Wrong Country

    Four leading financial institutions are urging a New York federal judge to throw out a pair of proposed class suits accusing them of enabling environmental degradation in Brazil by lending $17.2 million to Brazilian mining company Vale SA, arguing the claims don't belong in the United States because they are "all about Brazil."

  • February 26, 2024

    Wells Fargo Rate-Lock Extension Fee Suit Tossed, For Now

    A California federal judge on Monday dismissed a Wells Fargo customer's proposed class action seeking disgorgement of "billions" of dollars that the plaintiff alleged the bank earned by charging certain mortgage fees it later refunded, concluding the lawsuit failed to make specific factual allegations of wrongdoing.

  • February 26, 2024

    $9.7M Financial Network Telemarketing Deal Gets Final OK

    A California federal judge granted final approval Friday to a $9.75 million class action settlement against a debt consolidation company and its subsidiaries for telemarketing calls that plaintiffs say violated the Telephone Consumer Protection Act.

  • February 26, 2024

    No Logic To Killing Power Pricing Order, Texas Justices Told

    Allowing the invalidation of a policy that lets Texas' grid operator set electricity prices at the systemwide market cap in the wake of winter storm-induced blackouts in 2021 would undermine similar policies previously enacted by state utility regulators, the Public Utility Commission of Texas told the state's high court.

  • February 26, 2024

    Blackwells Calls Out Disney For 'AI Mediocrity' In Proxy Battle

    Blackwells Capital ramped up its activist investor campaign against The Walt Disney Co. on Monday, laying out a "strategic plan" that includes calls for the storied entertainment company to rise above its current "technological shortcomings," including its "AI mediocrity."

  • February 26, 2024

    Feds Say Fla. Atty Can't Undo COVID Relief Fraud Conviction

    A U.S. attorney's office has pushed back on a Florida lawyer's bid to vacate her conviction in Georgia federal court of conspiring to defraud a coronavirus pandemic relief program, saying the government doesn't have to prove she was "behind the keyboard" when the applications were submitted to be convicted of the charges.

  • February 26, 2024

    Catching Up With Delaware's Chancery Court

    Delaware's Court of Chancery dropped two potentially far-reaching decisions last week: one about founder control at Moelis & Co. and another about TripAdvisor's planned move to Nevada. On top of that, there were new cases involving Citrix Systems, Alcoa Corp., BGC Partners Inc. and Cantor Fitzgerald LP.

  • February 26, 2024

    Everton Scores Reduced Premier League Penalty After Appeal

    An independent appeal board reduced the penalty against Everton FC for violating Premier League financial rules on Monday, docking the football club six points in the standings after finding that the initial punishment of 10 points was based on faulty legal grounds.

  • February 26, 2024

    FTC Challenges Kroger's $25B Albertsons Buy

    The Federal Trade Commission announced a new, national front Monday against Kroger's heavily criticized $24.6 billion purchase of fellow grocery store giant Albertsons, challenging a deal it said threatens both shoppers and workers and cannot be saved by the planned divestiture of a "hodgepodge" of hundreds of stores.

  • February 24, 2024

    Up Next At High Court: Social Media Laws & Bump Stocks

    The U.S. Supreme Court will hear oral arguments related to three big-ticket cases this week in a pair of First Amendment challenges to Florida and Texas laws prohibiting social media platforms from removing content or users based on their viewpoints and a dispute over the federal government's authority to ban bump stocks.

  • February 23, 2024

    CFPB Subjects Lender To Supervision In 1st Oversight Flex

    The Consumer Financial Protection Bureau said Friday that it has decided to require supervision for one of the nation's largest personal installment lenders, a move that marks the first time the agency has flexed its special risk-based oversight power over a company's objections.

  • February 23, 2024

    SEC Upholds Bar On Ex-RBC Rep Who Cashed Out $1M Error

    The U.S. Securities and Exchange Commission on Friday upheld a disciplinary action against a former RBC Capital Markets LLC representative who was accused of violating his industry's code of conduct when he converted $1 million that his firm accidentally deposited in his personal brokerage account.

  • February 23, 2024

    Netflix, Hulu Don't Owe Franchise Fees, Calif. Panel Rules

    Netflix and Hulu have again beaten a proposed class action from a California city claiming the streaming providers should be regulated like cable companies and pay franchise fees to localities, with a state appeals court ruling the city had no right to private action under a 2006 statute.

  • February 23, 2024

    FCC To Again Start Collecting Broadcast Workforce Data

    The Federal Communications Commission has voted on party lines to start collecting workforce diversity data from the broadcast industry after a more than two-decade hiatus.

  • February 23, 2024

    Google Says Innovation Led To Dominance In Closing Brief

    Google is telling the D.C. federal judge overseeing the U.S. Department of Justice's monopoly case against the search giant that its innovation and relentlessness are the forces driving its dominance in search, not anticompetitive agreements as the Justice Department has alleged.

  • February 23, 2024

    GameStop Can't Ditch Suit Over Data Sharing With Facebook

    A California federal judge has refused to shut down a putative class action accusing GameStop Inc. of unlawfully sharing its customers' personal information with Facebook, ruling that the video game retailer qualified as a "video tape service provider" covered by federal privacy law. 

  • February 23, 2024

    Top NC Labor Brass Face Retooled 'Incentive' Policy Suit

    A corrosion control company has retooled its claims that North Carolina labor officials incentivized inspectors to issue workplace safety citations, highlighting in a revised complaint the harm caused by the citations after its 2021 lawsuit was tossed last month for failing to make a stronger connection to its alleged injuries.

  • February 23, 2024

    Wildlife, Paddling Groups Want To Join Clean Water Act Fight

    The National Wildlife Federation and American Whitewater are asking a Louisiana federal judge to let them join litigation over an updated Clean Water Act rule that expanded states' and tribes' ability to block projects such as pipelines and dams over water quality concerns, to ensure their interests are considered.

  • February 23, 2024

    FTC Rips H&R Block's 'Deceptive' Marketing, 'Coercive' Ploys

    The Federal Trade Commission filed an administrative complaint against H&R Block claiming the tax preparation company deceptively marketed some products as "free" and "coerced" people to pay for pricier products, the government agency announced Friday.

  • February 23, 2024

    CFTC Commissioner Dings Agency's Dodd-Frank 'Rollback'

    U.S. Commodity Futures Trading Commission member Christy Goldsmith Romero has criticized agency staff over a recent decision to give swap dealers a pass on complying with a certain Dodd-Frank-era regulation related to interest rate swap disclosures, saying the move threatens to undermine an important protection against conflicts of interest.

  • February 23, 2024

    Commerce Dept. Partly Waives 'Buy America' For BEAD

    The U.S. Department of Commerce on Friday announced limited waivers from "Buy America" requirements under the agency's $42.5 billion broadband deployment program to make sure that enough advanced components can flow to projects around the country.

  • February 23, 2024

    Judge Won't Reschedule Google's Ad Tech Trial In Va.

    A Virginia federal judge refused a request from Google on Friday to reschedule a slated September trial for the U.S. Department of Justice's ad tech monopolization case, saying the tech giant can overcome a potential timing conflict for its attorneys.

Expert Analysis

  • Predicting DeFi Regulations At Home And Abroad In 2024

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    Though decentralized finance has advocates on both sides of the Atlantic in figures like U.S. SEC Commissioner Hester Peirce and U.K. Prime Minister Rishi Sunak, DeFi in 2024 seems likely to be folded into existing regulatory frameworks in the U.K. and EU, while anti-crypto scrutiny may discourage DeFi’s growth in the U.S., say Daniel Csefalvay and Eric Martin at BCLP.

  • Opinion

    Exxon Court Should Clarify Shareholder Proposal Exclusion

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    ExxonMobil last month took the unusual action of asking a Texas federal judge whether a proposal from climate activists seeking to limit oil and gas sales could be excluded from its 2024 proxy statement, and the court should use this opportunity to reevaluate SEC policy and set clear limits on when shareholder proposals can be included, says Stephen Bainbridge at UCLA School of Law.

  • NYC Cos. Must Prepare For Increased Sick Leave Liability

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    A recent amendment to New York City's sick leave law authorizes employees for the first time to sue their employers for violations — so employers should ensure their policies and practices are compliant now to avoid the crosshairs of litigation once the law takes effect in March, says Melissa Camire at Fisher Phillips.

  • NY's Revamped Card Surcharge Ban Is Unique Among States

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    Newly revised New York legislation bolsters the state's ban on credit card surcharges, potentially reinvigorating similar laws across the country despite the fact that many of them have been ruled unconstitutional, say Tom Witherspoon and Audrey Carroll at Stinson.

  • Understanding SEC's Focus Amid Lack Of Final AI Rules

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    Although the U.S. Securities and Exchange Commission's proposed rules to govern artificial intelligence are likely far from being finalized, understanding existing regulatory provisions that could address AI risks with respect to development, disclosure, compliance and data protection could help firms anticipate and avoid pitfalls, say attorneys at Skadden.

  • Legislative And Litigation Trends In Environmental Advertising

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    Companies that tout their products' environmental benefits can significantly reduce the risk that they will face allegations of greenwashing by staying up to date on related Federal Trade Commission guidance, state requirements and litigation trends, say Raqiyyah Pippins and Kelsie Sicinski at Arnold & Porter.

  • What's On The Horizon In Attorney General Enforcement

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    A look at recent attorney general actions, especially in the areas of antitrust and artificial intelligence, can help inform businesses on what they should expect in terms of enforcement trends as 10 attorney general races play out in 2024, say attorneys at Cozen O'Connor.

  • Employer Best Practices In Light Of NY Anti-Trans Bias Report

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    A recent report from the New York State Department of Labor indicates that bias against transgender and nonbinary people endures in the workplace, highlighting why employers must create supportive policies and gender transition plans, not only to mitigate the risk of discrimination claims, but also to foster an inclusive work culture, says Michelle Phillips at Jackson Lewis.

  • Preparing For DOJ's Data Analytics Push In FCPA Cases

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    After the U.S. Department of Justice’s recent announcement that it will leverage data analytics in Foreign Corrupt Practice Act investigations and prosecutions, companies will need to develop a compliance strategy that likewise implements data analytics to get ahead of enforcement risks, say attorneys at Cozen O'Connor.

  • How High Court SEC Case Could Affect The ITC

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    While the U.S. Supreme Court’s upcoming ruling in U.S. Securities and Exchange Commission v. Jarkesy will likely spare the U.S. International Trade Commission from major operative changes, the ITC’s ability to issue penalties for violations of its orders may change, say Gwendolyn Tawresey and Ryan Deck at Troutman Pepper.

  • How 3 New Laws Change Calif. Nonprofits' Legal Landscape

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    Legislation that went into effect on Jan. 1 should be welcomed by California’s nonprofit organizations, which may now receive funding more quickly, rectify past noncompliance more easily and have greater access to the states’ security funding program, say Casey Williams and Brett Overby at Liebert Cassidy.

  • CFPB Overdraft Rule Could Mean Big Shift In Banking Biz

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    The Consumer Financial Protection Bureau has proposed "to close a longstanding loophole" in the Truth in Lending Act by changing how it regulates overdraft fees, but underneath the headline-grabbing proposal is a foundational shift in how the bureau views overdraft services, say attorneys at Katten.

  • Del. Segway Dismissal Suggests Execs Not Liable For Biz Risk

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    While the debate continues within the Delaware Chancery Court over whether Caremark liability applies to matters of pure business risk, the court's recent rejection of Segway’s suit against the ex-president who oversaw financial difficulties suggests the court is uninterested in undermining the deference the business judgment rule grants corporate fiduciaries, say attorneys at Dechert.

  • $32.4M Fine For Info Disclosure Is A Stark Warning For Banks

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    The New York State Department of Financial Services and the Federal Reserve's fining of a Chinese state-owned bank $32.4 million last month underscores the need for financial institutions to have policies and procedures in place to handle confidential supervisory information, say attorneys at Sidley.

  • HR Antitrust Compliance Crucial Amid DOJ Scrutiny

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    The Justice Department's Antitrust Division recently announced a required human resources component for antitrust compliance programs, which means companies should evaluate their policies to prevent, detect and remediate potential violations as they add training for HR professionals, say attorneys at Morgan Lewis.

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