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Compliance
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July 11, 2024
Trump Says Immunity Ruling Means Conviction Must Be Axed
Donald Trump has officially lodged his request for his conviction to be vacated in light of the U.S. Supreme Court's presidential immunity decision, arguing that prosecutors' evidence in the hush money case rests on official acts he took as president, according to a redacted motion made public Thursday.
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July 11, 2024
Sens. Say AI Fuels Need For Data Privacy Law But Fail To Act
Members of a key U.S. Senate committee Thursday largely agreed that companies' growing efforts to amass private information to fuel artificial intelligence technologies are accelerating the need for a federal data privacy framework, but they failed to make progress on a bipartisan proposal opposed by the committee's top Republican.
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July 11, 2024
Biden's FDIC Pick Hangs Tough Amid GOP Doubts On Record
President Joe Biden's candidate for Federal Deposit Insurance Corp. chair faced scrutiny Thursday as Republican senators at her nomination hearing expressed their skepticism about her readiness to lead the agency, but her critics nevertheless appeared unlikely to derail her prospects for confirmation outright.
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July 11, 2024
Colo. Panel Rejects 3rd Party Shields To Anti-Influencing Law
A Colorado law criminalizing attempts to influence public servants doesn't require an offender to personally influence the official "by means of deceit," a state appellate panel ruled Thursday, holding for the first time that a person can be liable for engaging in a plan of deception with a third party.
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July 11, 2024
Biden Taps Warren Protege, Ex-CFPB Atty For CFTC Seat
President Joe Biden on Thursday nominated a senior Office of Management and Budget official and former Consumer Financial Protection Bureau attorney to the U.S. Commodity Futures Trading Commission to replace one of two current CFTC members who themselves have been nominated for other offices.
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July 11, 2024
Tempur Sealy, Mattress Firm Blast FTC's Merger Challenge
Tempur Sealy and Mattress Firm fired back at the Federal Trade Commission's bid to block a proposed merger between the mattress companies, contending in separate filings that the FTC's ambiguous allegations require tossing the agency's administrative complaint.
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July 11, 2024
Kroger Asks To Delay At Least Part Of FTC Challenge
Kroger and Albertsons are asking an administrative law judge from the Federal Trade Commission to pause the evidentiary portion of the agency's in-house case against the supermarket giants' merger, saying the companies are facing too many overlapping cases in different venues to adequately prepare and present their case.
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July 11, 2024
Broker Says FINRA Owes Him Jury Trial After Jarkesy Ruling
The Financial Industry Regulatory Authority has been hit with a suit from a member who says the regulator's allegations in an internal proceeding to sanction and expel him are assertions of common law fraud and therefore must be brought before a court and jury under the U.S. Supreme Court's recent Jarkesy decision.
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July 11, 2024
Federal Home Booze Ban Is Unconstitutional, Judge Rules
The federal laws banning making liquor at home are unconstitutional, a Texas federal judge said Wednesday, granting a permanent injunction to a home distilling group and saying the ban goes beyond Congress' enumerated powers.
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July 11, 2024
Ozy Media CEO Urges Jury To Reject 'Shady' Fraud Case
Counsel for Carlos Watson on Thursday told a Brooklyn federal jury not to trust prosecutors' "shady" claims that the Ozy Media founder and CEO defrauded lenders and investors by falsely inflating the news and entertainment startup's bottom line.
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July 11, 2024
SF Fed Sues Troubled PPP Lender, Founder For Nearly $67M
The San Francisco arm of the Federal Reserve has sued one of the largest Paycheck Protection Program lenders in Puerto Rico federal court seeking to recover nearly $67 million, alleging the lender has defaulted on the terms of roughly $4.3 billion in credit it advanced for PPP loans.
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July 11, 2024
7th Circ. Revives CFPB's Lender Redlining Suit
The Consumer Financial Protection Bureau should be allowed to pursue claims that a mortgage lender illegally disparaged majority-Black neighborhoods, the Seventh Circuit said Thursday, finding the agency was empowered to enforce violations against prospective borrowers.
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July 11, 2024
3 Defenses The IRS Can Fall Back On After Chevron's Demise
The U.S. Supreme Court's decision to eliminate federal agencies' ability to rely on the 40-year-old Chevron doctrine to defend their interpretations of ambiguous laws will likely trigger more litigation against the IRS. But that doesn't mean the agency is completely defenseless against such suits. Here, Law360 explores three defense options for the IRS following Chevron's demise.
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July 11, 2024
Calif. Nabs $50M Deal With Oil Traders In Gas Price-Rigging Suit
California secured a $50 million settlement with oil trading companies Vitol and SK Energy, resolving allegations that the companies schemed to artificially inflate gas prices in the Golden State after an Exxon Mobil Corp. refinery exploded in 2015, California's attorney general announced Wednesday.
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July 11, 2024
Dollar General Pays $12M Over DOL's Safety Violation Claims
Discount retail chain Dollar General will pay $12 million to resolve alleged workplace safety violations at its stores nationwide, including obstructed emergency exits and unsafe storage, and will implement abatement measures like expanding storage capacity and reducing overstock, the U.S. Department of Labor announced Wednesday.
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July 11, 2024
4 Big Gender-Affirming Care Decisions From 2024's 1st Half
The U.S. Supreme Court allowed an Idaho law banning gender-affirming care for minors to become effective, the Eleventh Circuit upheld a trial court win for a transgender public safety employee in a healthcare discrimination suit and a Florida federal judge blocked as unconstitutional a state law restricting gender-affirming care for minors and adults.
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July 11, 2024
Oil Giants Defeat City Of Baltimore's Climate Change Claims
A Maryland judge has dismissed Baltimore's suit seeking climate change-related damages from oil companies including Chevron, Exxon and BP, ruling that the city's claims stem from a global phenomenon and thus are "beyond the limits of Maryland state law."
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July 11, 2024
Judge 'Not Moved' By Coinbase's Call For Gensler's Emails
The New York federal judge overseeing the U.S. Securities and Exchange Commission's lawsuit against Coinbase Inc. cautioned the crypto firm Thursday against pursuing a subpoena targeting the private emails of SEC Chair Gary Gensler, saying she was "surprised, and not in a good way" by the request and warning that it could tarnish defense counsel's credibility.
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July 11, 2024
Fed. Circ. Pauses Ouster Of Teva Patents From Orange Book
Teva can keep challenged asthma inhaler device patents listed on, and protected by, an important government database after the Federal Circuit agreed Wednesday to pump the brakes on the patents' delisting while the Israeli drugmaker appeals an order won by Amneal in an infringement lawsuit.
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July 11, 2024
Marathon Oil To Pay $241.5M Over North Dakota Emissions
The U.S. Department of Justice revealed on Thursday that it has reached a $241.5 million settlement with Marathon Oil, resolving allegations of Clean Air Act violations tied to the company's oil and gas production operations on the Fort Berthold Indian Reservation in North Dakota.
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July 11, 2024
2nd Circ. OKs Israeli Man's Removal After Wife Ends Support
The Second Circuit on Thursday rejected an appeal from an Israeli man fighting deportation following a sham marriage to a U.S. citizen, finding his conditional permanent resident status ended since he didn't submit a joint petition with his spouse to remove the conditions of his status after she withdrew support.
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July 11, 2024
Frontier Communications Fined $2.5M Over Quality Standards
Connecticut's utility regulator has ordered Frontier Communications to pay nearly $2.5 million in penalties after finding that the company repeatedly violated mandates for maintenance, repair of service problems and filing reports with the state dating back to 2015.
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July 11, 2024
2nd Circ. Says Unreported Violence Doesn't Doom Asylum Bid
The Second Circuit on Thursday said the Board of Immigration Appeals must reconsider an asylum bid from a Honduran woman claiming family abuse and rape by a criminal, finding that evidence of the difficulties women face in reporting violence and the government's ineffective response to such reports was ignored.
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July 11, 2024
Paxos Says SEC Won't Bring Case Over Binance Stablecoin
Crypto trust company Paxos said Thursday that the U.S. Securities and Exchange Commission has told the firm it won't face an enforcement action over its issuance of crypto exchange Binance's stablecoin, BUSD.
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July 11, 2024
Coca-Cola Faces Revised Suit Over PFAS In Juice Products
A New York man has hit Coca-Cola and its Simply Orange Juice Co. subsidiary with a revised proposed class action alleging they deceptively market juices as pure, healthy and all-natural when they actually contain harmful, man-made forever chemicals.
Expert Analysis
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5 Steps For Gov't Contractor Affirmative Action Verification
As the federal contractor affirmative action program certification deadline approaches, government contractors and subcontractors should take steps to determine their program obligations, and ensure any required plans are properly implemented and timely registered, say Christopher Wilkinson at Perkins Coie and Joanna Colosimo at DCI Consulting.
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Boeing Saga Underscores Need For Ethical Corporate Culture
In the wake of recent allegations about Boeing’s safety culture, and amid the U.S. Department of Justice’s new whistleblower incentives, business leaders should reinvigorate their emphasis on compliance by making clear that long-term profitability requires ethical business practices, says Maxwell Carr-Howard at Dentons.
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Debate Over CFPB Definition Of Credit Is Just Beginning
The Consumer Financial Protection Bureau has recently worked to expand the meaning of credit, so anyone operating on the edges of the credit markets, or even those who assumed they were safely outside the scope of this regulatory perimeter, should pay close attention as legal challenges to broad interpretations of the definition unfold, says John Coleman at Orrick.
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Key Takeaways From 2024 Accountants' Liability Conference
At the recent annual Accountants' Liability Conference, regulators provided important commentary on new Public Company Accounting Oversight Board rulemaking and standard-setting initiatives, and emphasized regulatory priorities ranging from the tone at the top to alternative practice structures, say attorneys at Arnold & Porter.
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FDA Warning Indicates Scrutiny Of Regenerative Health Cos.
The U.S. Food and Drug Administration's recent warning letter to Akan Biosciences is a quintessential example of the agency's enforcement priorities for certain products involving human cells and tissues, and highlights ongoing scrutiny placed on manufacturers, say Dominick DiSabatino and Cortney Inman at Sheppard Mullin.
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New OSHA Memo Helps Clarify Recordkeeping Compliance
Based on recent Occupational Safety and Health Administration guidance on whether musculoskeletal disorders are recordable injuries under the agency's recordkeeping regulation, it appears that OSHA may target active release techniques and stretching programs during its inspections, say attorneys at Morgan Lewis.
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A Closer Look At Feds' Proposed Banker Compensation Rule
A recently proposed rule to limit financial institutions' ability to award incentive-based compensation for risk-taking may progress through the rulemaking process slowly due to the sheer number of regulators collaborating on the rule and the number of issues under consideration, say attorneys at Troutman Pepper.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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Best Practices For Responding To CBP's Solar Questionnaire
U.S. Customs and Border Protection's recently introduced questionnaire to solar importers imposes significant burdens, with the potential for supply chain disruptions and market consolidation, but taking certain steps can assist companies in navigating the new requirements, say Carl Valenstein and Katelyn Hilferty at Morgan Lewis.
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Exploring Alternatives To Noncompetes Ahead Of FTC Ban
Ahead of the Sept. 4 effective date for the Federal Trade Commission's noncompete ban, employers should seek new ways to protect their proprietary and other sensitive information, including by revising existing confidentiality and nondisclosure agreements, says Harvey Linder at Culhane.
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5th Circ. Venue-Transfer Cases Highlight Mandamus Limits
Three ongoing cases filed within the Fifth Circuit highlight an odd procedural wrinkle that may let district courts defy an appellate writ: orders granting transfer to out-of-circuit districts, but parties opposing intercircuit transfer can work around this hurdle to effective appellate review, says Charles Fowler at McKool Smith.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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Navigating Self-Disclosures As A Regulated Financial Entity
As enforcement risks heat up for regulated financial institutions, such entities may be forced to weigh the potential advantages and disadvantages of self-disclosing potential compliance gaps, say attorneys at Jenner & Block.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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Takeaways From SEC's New Data Breach Amendments
The U.S. Securities and Exchange Commission's recent amendment of its consumer privacy rules to require investment advisers and broker-dealers to put procedures in place to uncover data breaches and report them to customers evidences that protecting client records and information remains an SEC priority, say attorneys at Simpson Thacher.