Compliance

  • April 22, 2024

    Exec In Insider Trading Case Says Feds Denied Him Counsel

    The former CEO at the center of a novel insider trading case is asking that the California jury deciding his fate not be allowed to hear evidence obtained during a pre-indictment interrogation, arguing he was denied access to an attorney despite insisting on speaking to counsel at least a dozen times.

  • April 22, 2024

    NC Chemical Biz Wants Help Covering $5M Site Cleanup

    A chemical company asked a North Carolina federal court on Monday to force other chemical makers, including a Koch Industries subsidiary, to contribute to the roughly $5 million cleanup of a contaminated site, contending the other companies owned or operated parts of the site for years.

  • April 22, 2024

    Conn. Lawmaker Wants To Allow Suits For AI Discrimination

    Connecticut citizens should be able to bring private lawsuits if an artificial intelligence system discriminates against them, a key lawmaker said Monday as the state's judiciary committee voted to advance a bill regulating the use of AI programs that can make significant decisions for consumers in the state.

  • April 22, 2024

    Chamber Planning Prompt Challenge Of FTC Noncompete Ban

    U.S. Chamber of Commerce officials vowed Monday to immediately challenge an impending Federal Trade Commission rule that would ban essentially all noncompete agreements that employers impose on their workers, raising concerns focused principally on opening a "Pandora's box" of rulemaking they say is beyond FTC authority.

  • April 22, 2024

    Congress Can Enact Corp. Transparency, Orgs Tell 11th Circ.

    Congress is empowered to require American companies to report their beneficial owners to the federal government because there is ample evidence they've previously been used to fund hostile foreign actors, evade sanctions and traffic drugs, two think tanks told the Eleventh Circuit in an amici brief.

  • April 22, 2024

    Opioid Marketer Completes $1.5M Damages Settlement With Del.

    Delaware's chancellor signed off Monday on a $1.5 million payment to the state by a company that helped Purdue Pharmaceuticals market its opioid products, the latest step in a $358 million, 50-state damages settlement reached with Publicis Health LLC.

  • April 22, 2024

    With Power Rules On Deck, EPA Awards $7B In Solar Grants

    The U.S. Environmental Protection Agency on Monday said it awarded $7 billion in grants to boost residential solar energy development in low-income communities, kicking off a climate change-focused week in which the agency is expected to release pollution control rules for the power sector.

  • April 22, 2024

    3M Urges Mich. Justices To Ditch PFAS Water Rule Challenge

    Manufacturing giant 3M has urged the Michigan Supreme Court to reinforce an invalidation of the state's new limits on so-called forever chemicals in drinking water, telling justices that regulators illegally failed to estimate the full cost of its new restrictions on businesses.

  • April 22, 2024

    Oregon Judge Won't Delay Youth Climate Trial

    An Oregon federal judge denied the U.S. Department of Justice's 14th request to pause a suit filed by young people claiming their rights are being violated by federal policies that are worsening climate change, and also told the Ninth Circuit to reject the agency's latest attempted appeal in the long-running litigation.

  • April 22, 2024

    FTC Moves To Block $8.5B Designer Fashion Deal

    The Federal Trade Commission moved on Monday to block a planned $8.5 billion deal for the parent company of Coach and Kate Spade to purchase the owner of designer brands Michael Kors and Jimmy Choo.

  • April 22, 2024

    What We've Learned From Biden-Era Merger Remedies

    Amid the Biden administration's uniquely aggressive merger regime, companies making deals face much higher hurdles convincing competition enforcers to accept divestitures, licensing deals or other remedies designed to address antitrust concerns. However, officials have provided a few clues about what settlements they'll accept and when.

  • April 22, 2024

    Ga. Pesticide Maker Denies DOL Whistleblower Charges

    A Georgia pesticide maker has denied all wrongdoing after being hit with a U.S. Department of Labor complaint earlier this year that accused the company of firing a whistleblower who complained about her exposure to dangerous chemical fumes.

  • April 22, 2024

    Walden Macht Launches Securities Group With Ex-Sidley Atty

    White collar boutique Walden Macht & Haran LLP announced Monday that it has launched a securities enforcement defense practice headed by a recent arrival from Sidley Austin LLP in New York.

  • April 22, 2024

    Catching Up With Delaware's Chancery Court

    Last week, Delaware's Chancery Court news included a Tesla announcement about moving to Texas, a midcase appeal of Tripadvisor's move to Nevada, and United Airlines' escape from a stockholder suit. Disputes about board entrenchment, squeeze-out mergers, co-founder fallouts and deadly ice cream moved ahead.

  • April 22, 2024

    SEC Says Terraform, Founder Owe $5.3B After Fraud Verdict

    The U.S. Securities and Exchange Commission has asked a Manhattan federal judge to order bankrupt cryptocurrency exchange Terraform Labs and its founder to pay roughly $5.3 billion, weeks after a jury found them liable for a massive fraud.

  • April 22, 2024

    Trump, NY AG Reach Deal To OK $175M Fraud Appeal Bond

    Donald Trump's lawyers agreed Monday to bond conditions requiring the former president to give up control of his $175 million cash deposit pending appeal of a $465 million civil fraud judgment, staving off scrutiny from both the New York attorney general and the judge who entered the award.

  • April 22, 2024

    Hyundai, Kia Drivers Want $13M Fees In Car Theft Defect Deal

    A consumer class of Hyundai and Kia drivers who claimed that the companies knowingly sold them cars with defects that made them easy to steal asked a California federal judge for final approval of their $145 million deal, with $13.4 million in fees, after an objector said the deal wasn't enough.

  • April 19, 2024

    Real Estate Authority: Small Bank Loans, ULI, Lunar Housing

    Law360 Real Estate Authority covers the most important real estate deals, litigation, policies and trends. Catch up on this week's key developments by state — as well as on the rising regulatory focus on small-bank commercial real estate loans, takeaways from the Urban Land Institute's Reslience Summit, and an architect's guide to lunar housing.

  • April 19, 2024

    CFPB Seeks 5th Circ. Do-Over In Credit Card Late Fee Case

    The Consumer Financial Protection Bureau is pushing for the Fifth Circuit to reconsider its rejection of a transfer out of Texas for a lawsuit challenging the agency's $8 credit card late fee rule, warning the decision was wrong on key facts and could prove a "boon for forum-shopping plaintiffs" if left in place.

  • April 19, 2024

    Don't Let The Rush Into AI Create Risk Blind Spots, Cos. Told

    As corporations increasingly adopt artificial intelligence capabilities into their workflows, they should also implement guardrails to stave off major risks the rapidly evolving technology poses, lawyers said during a New York City Bar panel discussion Friday.

  • April 19, 2024

    Thai Co. Pays $20M For 'Egregious' Iran Sanctions Violations

    Thai-based SCG Plastics will pay $20 million to resolve claims it committed over 460 "egregious" violations of Iranian sanctions by causing U.S. banks to process $291 million in wire transfers in connection with the sales of high-density polyethylene resin made in Iran, as well as obscuring the resin's origin in shipping documents.

  • April 19, 2024

    Trump Media CEO Fears Illegal Short Selling Is Harming Stock

    The chief executive of the company that owns Donald Trump's Truth Social platform wants Nasdaq's help in determining whether manipulation stemming from illegal short selling is harming the company's stock price, according to a securities filing on Friday.

  • April 19, 2024

    Employment Authority: Title VII Ruling Unanswered Questions

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on the unanswered questions the U.S. Supreme Court's ruling that Title VII prohibits discriminatory job transfers left, how lower courts could decide how much transportation work can exempt workers from federal arbitration and a look at a workers' bid to unionize at a Volkswagen facility in Chattanooga, Tennessee.

  • April 19, 2024

    AI Co. Founder Faces SEC Suit After Fraud Charges

    The fugitive founder of a purported artificial intelligence startup was sued Friday by the U.S. Securities and Exchange Commission over an alleged $2.8 million scheme to defraud investors.

  • April 19, 2024

    DOJ Can't Coordinate Google Ad Tech Discovery With Texas

    A Virginia magistrate judge on Friday denied a request from the U.S. Department of Justice to coordinate discovery in its suit accusing Google of monopolizing key digital advertising technology with a similar case from state enforcers pending in Texas.

Expert Analysis

  • SEC Climate Rules Create Unique Challenges For CRE

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    The U.S. Securities and Exchange Commission's recently adopted final rules concerning climate-related disclosures for public companies are likely to affect even real estate companies that are not publicly traded, since they may be required to provide information to entities that are subject to the rules, says Laura Truesdale at Moore & Van Allen.

  • New Proposal Signals Sharper Enforcement Focus At CFIUS

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    Last week's proposed rule aimed at broadening the Committee on Foreign Investment in the United States' enforcement authority over foreign investments and increasing penalties for violations signals that CFIUS intends to continue expanding its aggressive monitoring of national security issues, say attorneys at Kirkland.

  • 4 Ways AI Tools Can Improve Traditional Merger Analyses

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    Government officials at the American Bar Association's annual antitrust spring meeting last week reinforced the view that competition cases will increasingly rely on sophisticated data analysis, so companies will likewise need to use Big Tech quantitative techniques to improve traditional merger analyses, say Patrick Bajari, Gianmarco Calanchi and Tega Akati-Udi at Keystone.

  • What FinCEN Proposed Customer ID Number Change Means

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    The Financial Crimes Enforcement Network's recent request for comment on changing a requirement for banks to collect full Social Security numbers at account sign-up represents an important opportunity for banks to express their preferability, as communicating sensitive information online may carry fraud or cybersecurity risks, say attorneys at Crowell & Moring.

  • Oracle Ruling Underscores Trend Of Mootness Fee Denials

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    The Delaware Chancery Court’s recent refusal to make tech giant Oracle shoulder $5 million of plaintiff shareholders' attorney fees illustrates a trend of courts raising the standard for granting the mootness fee awards once ubiquitous in post-merger derivative disputes, say attorneys at Troutman Pepper.

  • Traversing The Web Of Nonjudicial Grievance Mechanisms

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    Attorneys at Covington provide an overview of how companies can best align their environmental and human rights compliance with "hard-law" requirements like the EU's recently approved Corporate Sustainability Due Diligence Directive while also navigating the complex global network of existing nonjudicial grievance mechanisms.

  • Benzene Contamination Concerns: Drugmakers' Next Steps

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    After a citizen petition to the U.S. Food and Drug Administration and a flurry of class actions over benzene contamination in benzoyl peroxide acne products, affected manufacturers should consider a thoughtful approach that includes assembling internal data and possibly contacting the FDA for product-specific discussions, say attorneys at Morgan Lewis.

  • An NYDFS-Regulated Bank's Guide To Proper Internal Audits

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    As certification deadlines for compliance with the New York State Department of Financial Services’ transaction monitoring and cybersecurity regulations loom, lawyers should remember that the NYDFS offers no leeway for best efforts — and should ensure robust auditing and recordkeeping processes for clients, say attorneys at Arnall Golden.

  • A Look At Global Employee Disconnect Laws For US Counsel

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    As countries worldwide adopt employee right to disconnect laws, U.S. in-house counsel at corporations with a global workforce must develop a comprehensive understanding of the laws' legal and cultural implications, ensuring their companies can safeguard employee welfare while maintaining legal compliance, say Emma Corcoran and Ute Krudewagen at DLA Piper.

  • How DEI Programs Are Being Challenged In Court And Beyond

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    In the wake of the U.S. Supreme Court's affirmative action decision last year declaring the consideration of race in university admissions unconstitutional, employers should keep abreast of recent litigation challenging diversity, equity and inclusion training programs, as well as legislation both supporting and opposing DEI initiatives in the workplace, say attorneys at Skadden.

  • At 'SEC Speaks,' A Focus On Rebuilding Trust Amid Criticism

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    At the Practising Law Institute's SEC Speaks conference last week, U.S. Securities and Exchange Commission leadership highlighted efforts to rebuild and restore trust in the U.S. capital markets by addressing investor concerns through regulatory measures and enforcement actions, emphasizing the need for cooperation from market participants, say attorneys at Perkins Coie.

  • What Minority Biz Law Ruling Could Mean For Private DEI

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    A Texas federal court’s recent decision to strike down key provisions of the Minority Business Development Act illustrates the wide-reaching effects of the U.S. Supreme Court's 2023 Students for Fair Admissions v. Harvard decision across legal contexts, say attorneys at Jenner & Block.

  • Series

    NY Banking Brief: All The Notable Legal Updates In Q1

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    The first quarter of 2024 saw a number of notable legal and regulatory developments that will significantly affect New York's financial services industry, including the New York Department of Financial Services' finalized novel guidance directing banks to continuously monitor the character and fitness of key personnel, say Brian Montgomery and Nathan Lewko at Pillsbury.

  • Weisselberg's Perjury At Trial Spotlights Atty Ethics Issues

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    Former Trump Organization executive Allen Weisselberg’s recent guilty plea for perjury in the New York attorney general's civil fraud trial should serve as a reminder to attorneys of their ethical duties when they know a client has lied or plans to lie in court, and the potential penalties for not fulfilling those obligations, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

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