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Compliance
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October 30, 2024
Apparel Co.'s Crypto Allies Say SEC Suit Is Ripe For Court
Cryptocurrency advocates have told a Texas federal judge that apparel company Beba and its crypto industry group backer have standing to preemptively sue the U.S. Securities and Exchange Commission, arguing that the regulator has created an impossible situation for crypto firms by bringing enforcement actions without setting clear rules for digital assets.
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October 30, 2024
FinCEN Extends BOI Report Deadline For Hurricane Victims
The U.S. Department of the Treasury's Financial Crimes Enforcement Network has extended deadlines for submitting beneficial ownership information for victims of recent hurricanes, offering an additional six months to file or update reports, or to correct prior reports.
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October 30, 2024
PayPal Says CFPB Is Probing Its Credit Product, Digital Wallets
PayPal has disclosed that it received an investigative demand from the Consumer Financial Protection Bureau over its PayPal Credit-branded product, as well as digital wallet payment options.
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October 30, 2024
Doctor Denied Access To Grand Jury Materials In HIPAA Case
A Houston federal judge has denied a motion from a pediatric surgeon who asked for access to grand jury materials in his case involving alleged HIPAA violations, issuing a brief order without further explanation.
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October 30, 2024
Equifax Doesn't Report Ch. 7 Discharges, Suit Says
Credit reporting bureau Equifax was recently hit with a proposed class action accusing it of failing to note discharged debts when debtors converted their bankruptcy cases from Chapter 13 to Chapter 7.
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October 30, 2024
More Than Half Of Cos. Slow With Antirobocall Compliance
Fewer than half of U.S. phone companies have finished installing equipment to stop scam robocalls in the three years since the adoption of Federal Communications Commission standards for robocall mitigation, according to a new report from a consumer watchdog group.
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October 30, 2024
Calif. Agency Targets Data Brokers Over Registry Mandate
The California Privacy Protection Agency revealed Wednesday that it's cracking down on data brokers' compliance with the registration requirements of a groundbreaking consumer data deletion law, stressing that it won't hesitate to impose hefty fines on those that are falling short.
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October 30, 2024
Judge Embraces 'Law School Geekiness' In Ill. Swipe Fee Row
An Illinois federal judge said Wednesday that she'd be "going back to law school" to study up after hearing more than two hours of robust arguments about whether she should block a first-of-its-kind Illinois law restricting certain credit card fees, as the banking industry said at least one bank was "freaking out" over possible compliance.
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October 30, 2024
Ax Green Groups' Suit Over 'Resiliency' Definition, FEMA Says
The Federal Emergency Management Agency asked a D.C. federal judge on Wednesday to throw out a lawsuit brought by environmental advocacy and consumer groups alleging the agency missed its deadline to define "resilient."
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October 30, 2024
T-Mobile Defends UScellular Spectrum Buy At FCC
T-Mobile and United States Cellular Corp. urged the Federal Communications Commission to dismiss challenges to UScellular spectrum leases as it seeks to sell wireless operations to T-Mobile, arguing the dispute over the leases is unrelated to the wireless sale.
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October 30, 2024
3rd Circ. Told Medicare Drug Price Talks Not Voluntary
Three pharmaceutical companies told the Third Circuit on Wednesday the Medicare drug price negotiation program is anything but voluntary, arguing the appeals court should revive their challenges to the program because it is unconstitutional.
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October 30, 2024
FCC To Consider Undersea Cable Security Review In Nov.
The Federal Communications Commission next month is expected to embark on a review of security measures for undersea cables, an issue of growing concern over the last year.
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October 30, 2024
US Sanctions Swiss Attys For Handling Illicit Russian Funds
The U.S. on Wednesday hit two Swiss lawyers with sanctions for taking advantage of a loophole in Switzerland's anti-money laundering law that officials said allowed them to discreetly move cash for Russians also sanctioned for aiding Moscow's military-industrial base.
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October 30, 2024
Ex-Takeda Exec. Gets Nearly 4 Years For Fake Invoice Scam
A former Takeda Pharmaceuticals executive was sentenced Wednesday to 46 months in prison for stealing millions from the drug company through a fake invoice scam that a Boston federal judge characterized as "utterly unnecessary and pointless" and carried out for no other reason than to fund a luxurious lifestyle.
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October 30, 2024
State AGs Ask Congress For Federal Price-Gouging Ban
Attorneys general from 15 states and the District of Columbia sent a letter to House and Senate leaders Wednesday urging Congress to adopt national protections against price-gouging.
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October 30, 2024
Crypto Platform Founder Pleads Guilty To Illegal Wash Trading
The founder of cryptocurrency market-making platform MyTrade pled guilty in Massachusetts federal court Wednesday to orchestrating millions of dollars worth of daily wash trades to illegally inflate the prices of digital tokens.
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October 30, 2024
Maryland Says Electricity Greenwashing Law Is Constitutional
Renewable energy company Green Mountain Energy Co. and a national advocacy organization cannot block a Maryland law aimed at cracking down on electricity suppliers' "greenwashing" claims, Maryland Attorney General Anthony G. Brown argued in federal court.
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October 30, 2024
Animal Med Distributor To Pay $1.1M For Lax Opioid Oversight
Veterinary supplier Covetrus North America will pay $1.125 million to settle allegations that it ignored warning flags on 35 suspicious orders of opioids from a Cape Cod veterinarian's practice and shipped the drugs anyway, the Massachusetts U.S. Attorney's Office announced Wednesday.
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October 30, 2024
FTX Witness Who Saw Bankman-Fried's 'Evil' Avoids Prison
A Manhattan federal judge allowed FTX's former chief engineer to avoid prison Wednesday, crediting his trial testimony against the crypto exchange's founder Sam Bankman-Fried, his ongoing cooperation and his relatively small role in the $11.2 billion fraud.
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October 30, 2024
Cleveland-Cliffs Gets Final Approval For $2.5B Stelco Deal
Ohio steelmaker Cleveland-Cliffs Inc. said Wednesday it has received the Canadian regulatory approvals needed to complete its planned $2.5 billion acquisition of Canada's Stelco Holdings Inc., slating the deal close for Friday.
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October 29, 2024
'In-And-Out' Trades Don't Doom Lead Plaintiff Bid, Judge Says
A Manhattan federal judge appointed a Pomerantz LLP client as lead plaintiff in a shareholder suit against Nano Nuclear Energy Inc., rejecting arguments that the investor's handful of so-called in-and-out trades in the company's stock should preclude her from representing the proposed class in securities fraud allegations against the company.
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October 29, 2024
NY Health Provider To Boost Data Security To End AG's Probe
An Albany-based healthcare provider has agreed to pay $2.75 million in penalties and data security enhancements to resolve the New York attorney general's claims it failed to protect private medical data that was exposed in a pair of 2023 cyberattacks, the regulator said Tuesday.
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October 29, 2024
DOJ Will Restrict Data Swapping With 'Countries Of Concern'
The U.S. Department of Justice has proposed new rules that will make it the regulator of any type of transaction that would put certain kinds of sensitive privacy data in the hands of any "covered persons" or "country of concern."
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October 29, 2024
Wells Fargo Fights To Ax Suit Over Identify Fraud Accounts
Wells Fargo urged a California federal judge Tuesday to toss a proposed class action accusing the bank of violating the Fair Credit Report Act by accessing consumers' credit reports after fraudsters applied to open accounts with stolen information, saying Wells Fargo followed industry standards and the alleged damages are "conclusory."
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October 29, 2024
BofA Faces Scrutiny Of AML Program, Zelle Payment Handling
Bank of America Corp. disclosed Tuesday that its anti-money laundering program is a focus of ongoing "discussions" with federal regulators and said it is mulling litigation with the Consumer Financial Protection Bureau over a potential enforcement action related to digital payment network Zelle.
Expert Analysis
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$200M RTX Deal Underscores Need For M&A Due Diligence
RTX's settlement with regulators for violating defense export regulations offers valuable compliance lessons, showcasing the perils of insufficient due diligence during mergers and acquisitions transactions along with the need to ensure remediation measures are fully implemented following noncompliance, say Thad McBride and Faith Dibble at Bass Berry.
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Basel Endgame Rules: A Change Is Coming
The Federal Reserve Board's recently announced recalibration of the Basel endgame proposal begins a critical chapter in the evolution of not only the safety and soundness of U.S. banks, but also of banks' abilities to lend and support American businesses and consumers, say attorneys at Davis Wright.
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Proposed Legislation May Crack Down On Online Drug Ads
A bill recently proposed in Congress could serve as a sea change in how the U.S. Food and Drug Administration regulates drug-related speech, with significant trickle-down effects on various corners of not only the drug industry but also on consumers and providers themselves, say Dominick DiSabatino and Arushi Pandya at Sheppard Mullin.
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What PCOAB's Broadened Liability Rule Means For Auditors
The U.S. Securities and Exchange Commission’s recent vote agreeing to lower the Public Company Accounting Oversight Board's liability standard, allowing the board to charge individual auditors whose mere negligence leads firms into PCOAB violations, may erode inspection cooperation, shrink the talent pool and have anticompetitive outcomes, say attorneys at BakerHostetler.
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Employer Tips For PUMP Act Compliance As Law Turns 2
Enacted in December 2022, the Providing Urgent Maternal Protections for Nursing Mothers Act requires employers to provide reasonable break time and a private space for employees to express breast milk, but some companies may still be struggling with how to comply, say attorneys at Alston & Bird.
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4 Takeaways From The FDIC's Proposed Recordkeeping Rule
The Federal Deposit Insurance Corp.'s new proposed rule would impose recordkeeping and other compliance requirements on custodial deposit accounts with transactional features, and practitioners should be aware of four important factors, including who is affected and who is exempt, say attorneys at Covington.
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Series
Round-Canopy Parachuting Makes Me A Better Lawyer
Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.
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Dealmaker Lessons From CFIUS' New Enforcement Webpage
The Committee on Foreign Investment in the United States’ recently launched webpage, which details the actions — and inactions — that led to enforcement activity, provides important insights for dealmakers about filing requirements, mitigation commitments and the cost of noncompliance, say attorneys at Dechert.
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SEC Settlement Holds Important Pay-To-Play Lessons
The U.S. Securities and Exchange Commission’s recent fine of an investment adviser, whose new hire made a campaign contribution within a crucial lookback period, is a seasonable reminder for public fund managers to ensure their processes thoroughly screen all associates for even minor violations of the SEC’s strict pay-to-play rule, say attorneys at Lowenstein Sandler.
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What's In Colorado's 1st-Of-Its-Kind Neural Privacy Law
Colorado recently became the first U.S. state to directly regulate neurotechnology with new legislation amending the Colorado Privacy Act to specifically protect biological and neural data, offering an example of how lawmakers can tackle the perceived regulation gaps in this area, say attorneys at Goodwin.
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7 Takeaways For Companies After Justices' Bribery Ruling
The U.S. Supreme Court’s Snyder v. U.S. decision this summer, holding that a federal law does not criminalize after-the-fact gratuities made to public officials, raises some key considerations for companies that engage with state, local and tribal governments, say attorneys at BakerHostetler.
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Why Now Is The Time For Law Firms To Hire Lateral Partners
Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Reassessing Lease Provisions To Account For ESG Initiatives
As companies seek to build ESG considerations into their businesses, it's crucial to understand how such initiatives can quickly become significant enough to compel reassessment of lease agreement provisions, and how best to modify leases accordingly, say Julian Freeman and Gabe Pitassi at Cox Castle.
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Considering Possible PR Risks Of Certain Legal Tactics
Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.
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Integrating ESG Into Risk Management Programs
Amid increasing regulations and reporting requirements for corporate sustainability in the European Union and the U.S., companies might consider how to incorporate environmental, social and governance factors into more formalized risk management, say directors at Alvarez & Marsal.