Compliance

  • February 29, 2024

    Lordstown To Pay $25M In SEC Probe Of Overhyped EVs

    Bankrupt automaker Lordstown Motors Corp. has agreed to return $25.5 million to shareholders who were allegedly drawn in by false assurances that the company had secured tens of thousands of pre-orders for electric trucks that it didn't even have the parts to build, the U.S. Securities and Exchange Commission announced Thursday.

  • February 29, 2024

    Lummis, Clement Slam SEC's Kraken Suit As Crypto Overstep

    Sen. Cynthia Lummis, R-Wyo., crypto industry groups and veteran appellate attorney Paul Clement have told a California federal judge in a series of amici briefs that the U.S. Securities and Exchange Commission's suit against crypto exchange Kraken expands the definition of investment contract beyond what Congress intended and overreaches its authority to issues lawmakers intend to address.

  • February 29, 2024

    FCC Chair Takes On Connected-Car Risk In Domestic Abuse

    The Federal Communications Commission's chief wants to study how the agency can protect domestic abuse victims from harassment through the use of connected vehicle technology.

  • February 29, 2024

    Boeing To Pay $51M To End 199 Arms Export Violation Claims

    The Boeing Co. will pay $51 million to resolve nearly 200 export violations that threatened U.S. national security when its foreign employees downloaded and transferred technical data in violation of the International Traffic in Arms Regulations, with $24 million to go toward compliance efforts, the U.S. Department of State announced Thursday.

  • February 29, 2024

    Mexico Must Close Mine To Fix Labor Violations, US Says

    Shuttering a Grupo Mexico-owned mine until management negotiates with workers' lawfully designated labor union is the only way to resolve rights violations at the facility, the United States told an international dispute settlement panel in its closing remarks Wednesday.

  • February 29, 2024

    House Bill To Undo SEC Crypto Accounting Bulletin Advances

    A bipartisan bill that would undo crypto accounting guidance from the U.S. Securities and Exchange Commission advanced out of the House Financial Services Committee on Thursday, despite concerns from some Democrats that it could have a chilling effect on future SEC guidance.

  • February 29, 2024

    Wells Fargo Trying To Paper Over Sham Sign-Ups, Suit Says

    Wells Fargo was hit Thursday in San Francisco federal court with a class action complaint that alleges the bank surreptitiously enrolled consumers in unwanted account products for years, and is now trying to buy them off on the cheap with murky offers of compensation.

  • February 29, 2024

    Sierra Club Pushes For Survey On Crypto Grid Impacts

    The Sierra Club is urging a Texas federal judge to consider how the public stands to be harmed if a survey to gauge the growing cryptocurrency mining industry's impacts on the electric grid isn't completed soon to better inform utilities, grid operators and regulators.

  • February 29, 2024

    TransUnion Pegs Potential DOJ Data Unit Settlement At $37M

    TransUnion has put a $37 million price tag on a possible settlement of a U.S. Department of Justice investigation into a data and analytics business the credit reporting giant purchased, according to a Thursday regulatory filing.

  • February 29, 2024

    STB, CSX Tell Justices To Reject Norfolk Southern Appeal

    Norfolk Southern Railway Co. has taken its contentious battle to have itself declared immune to a rival's antitrust suit to the U.S. Supreme Court, but the competitor that's suing it and the regulator who declared it not exempt are both asking the justices to leave well enough alone.

  • February 29, 2024

    FMC Rule Keeps Container Shipping Penalties In Check

    Federal regulators fired a shot across the bow to maritime giants by finalizing a long-awaited rule that clamps down on billing practices that saddled shippers and truckers with hefty penalties for failing to move cargo out of ports and return empty containers in a timely fashion.

  • February 29, 2024

    Biden Floats 3 Nominees To Return FERC To Full Strength

    President Joe Biden on Thursday unveiled a trio of nominees to fill vacant commissioner slots at the Federal Energy Regulatory Commission, including the solicitor general of West Virginia and a former Massachusetts energy official.

  • February 29, 2024

    Pot Co. Says Neighbor Let Transient Grow Pot And Cause Fire

    A Los Angeles County cannabis entrepreneur is suing owners of a neighboring property whose building caught fire, allegedly due to an illicit grow operation run by "the local transient," sending smoke and soot into the legal cultivation facility, causing the total loss of his inventory and some $10 million worth of damages.

  • February 29, 2024

    Sandoz To Pay $265M To Resolve Claims In Price-Fixing MDL

    Swiss generic drug and biosimilar manufacturer Sandoz announced Thursday that two of its subsidiaries have reached a $265 million settlement with the direct purchasers of generic medications to resolve allegations of federal antitrust violations.

  • February 29, 2024

    FCC To Work With UK Enforcers In Anti-Robocall Effort

    The Federal Communications Commission will step up efforts with the U.K.'s data privacy enforcer to prevent robocall and robotext scams, the U.S. agency said Thursday.

  • February 29, 2024

    Discover Deal Prompts Dems To Seek Bank Merger Revamp

    Rep. Maxine Waters, D-Calif., the top Democrat on the House Financial Services Committee, and 15 other House Democrats are calling on federal bank regulators and the U.S. Department of Justice to quickly crack down on mergers in the wake of Capital One's recently announced $35.3 billion deal to acquire Discover Financial Services.

  • February 29, 2024

    Pot Biz Founder Says Co. Runners Must Renew License

    A cannabis entrepreneur is asking a Los Angeles judge to order the two men she says "hijacked" her business to renew its cannabis license with the city, saying that at a recent hearing they incorrectly said that their bid to transfer the license to another location had already effected the renewal.

  • February 29, 2024

    Offshore Well Closings Need More Enforcement, Groups Say

    The federal government needs to create new regulations aimed at ensuring the prompt environmentally responsible decommissioning of offshore oil and gas wells and platforms, green groups said Thursday.

  • February 29, 2024

    Monthly Merger Review Snapshot

    The Federal Trade Commission challenged Kroger's $24.6 billion bid for Albertsons, Microsoft and the FTC battled over plans to lay off nearly 2,000 video game workers amid the Activision merger fight, and the alliance of ESPN, Fox and Warner Bros. Discovery drew its first challenger.

  • February 29, 2024

    Bankrupt Endo To Pay $465M To Resolve Opioid Claims

    Drugmaker Endo International has agreed to pay as much as $465 million to resolve criminal and civil claims stemming from its sale and marketing of a powerful opioid, and will turn over its assets to a group of secured lenders who will operate the company under a new corporate structure.

  • February 29, 2024

    CFPB Takes Aim At 'Steering' In Credit Card Comparison Tools

    The Consumer Financial Protection Bureau on Thursday fired a shot across the bow of websites and apps that let consumers comparison-shop for credit cards, warning in new guidance that paid-placement rankings and other forms of preferential "steering" can run afoul of federal law.

  • February 29, 2024

    Meta Hit With GDPR Complaints By EU Consumer Groups

    Meta has been accused of "massive illegal data processing" by eight European consumer groups, which alleged on Thursday that the tech giant's "consent or pay" choice for customers is a cover-up for obtaining sensitive personal information.

  • February 28, 2024

    FTC Not Backing Down In Kids' Privacy Arena, Chair Says

    The Federal Trade Commission is focused on using all its tools to crack down on social media platforms that are "manipulating" users' data and harming children, including by continuing to take aggressive enforcement action and exploring the possibility of crafting new regulations to curb online "commercial surveillance" practices, the agency's chair said Wednesday. 

  • February 28, 2024

    Ariz. AG Says RealPage, Landlords Use Algo To Fix Rent Prices

    Arizona's attorney general on Wednesday filed an antitrust suit in state court against RealPage and several landlords over an alleged conspiracy to illegally raise rents for hundreds of thousands of renters by using the software company's algorithms to quell competition.

  • February 28, 2024

    SEC Taps Agency Vet To Lead Adviser, Fund Rulemaking Unit

    The U.S. Securities and Exchange Commission announced Wednesday that an agency veteran currently serving as deputy director of the examinations division will be the new head of its investment management division, which oversees the regulation of investment advisers, mutual funds and certain private fund operators.

Expert Analysis

  • What To Know About OCC Proposals For Bank Merger Review

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    The Office of the Comptroller of the Currency's proposed changes to the agency's bank merger review process could exacerbate industry concerns with long and unpredictable processing periods because the proposal is ambiguous with respect to how the OCC will view certain transactions, say attorneys at Simpson Thacher.

  • A Cautionary Tale On Hospital-Physician Alignment Structures

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    A $345 million settlement between the U.S. Department of Justice and Community Health Network highlights how quickly hospital and physician alignment relationships can violate legal restrictions on such dealings, and the onerous financial penalties that can ensue, say Robert Threlkeld and Elliott Coward at Morris Manning.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • Cos. Must Know How NY, Federal LLC Disclosure Laws Differ

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    Though New York state's new LLC Transparency Act and the federal Corporate Transparency Act impose similar beneficial owner reporting obligations on limited liability companies, New York LLCs should study the important differences between the laws to ensure they are prepared to comply with both, say Abram Ellis, Olenka Burghardt and Jane Jho at Simpson Thacher.

  • 5 Lessons For SaaS Companies After Blackbaud Data Breach

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    Looking at the enforcement actions that software-as-a-service provider Blackbaud resolved with state attorneys general, the U.S. Securities and Exchange Commission and the Federal Trade Commission in the past year can help SaaS companies manage these increasingly common forms of data breaches, say attorneys at Orrick.

  • Why Biz Groups Disagree On Ending Chevron Deference

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    Two amicus briefs filed in advance of last month's U.S. Supreme Court oral arguments in Loper Bright Enterprises v. Raimondo highlight contrasting views on whether the doctrine of Chevron deference promotes or undermines the stable regulatory environment that businesses require, say Wyatt Kendall and Sydney Brogden at Morris Manning.

  • SEC Regs Give Banks Chance To Step Up Cyber Safety Game

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    Just as the Sarbanes-Oxley Act forced financial institutions to undertake best practices in recordkeeping, the U.S. Securities and Exchange Commission’s recently effective cybersecurity regulations stand to similarly drive those same enterprises to seek out and implement best practices in cybersecurity, to everyone's benefit, says James Gerber at SimSpace.

  • Opinion

    Oregon Law Would Compromise Management Service Orgs

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    If passed, a proposed Oregon law would materially limit physician corporate practice of medicine structures, causing significant disruption to the provision of medicine and hindering professional corporations' ability to focus on the clinical components of their practice, say Christina Bergeron and William Shefelman at Ropes & Gray.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • How DOD Can Improve Flexibility Under Proposed Cyber Rule

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    The U.S. Department of Defense should carefully address some of the more nuanced aspects of the Cybersecurity Maturity Model Certification program to avoid unintended consequences, specifically the proposal to severely limit contractor use of plans of actions and milestones, say Joshua Duvall at Maynard Nexsen and Sandeep Kathuria at L3Harris Technologies.

  • Reassessing Trade Secrets Amid Proposed Noncompete Ban

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    The Federal Trade Commission's proposed ban on noncompete agreements as well as state bans make it prudent for businesses to reevaluate and reinvigorate approaches to trade secret protection, including knowing what information employees are providing to vendors, and making sure confidentiality agreements are put in place before information is shared, says Rob Jensen at Wolf Greenfield.

  • 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.

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