Compliance

  • November 05, 2024

    SEC Risk Alert Flags Investment Fund Oversight, Disclosures

    The U.S. Securities and Exchange Commission's exams unit is flagging common issues among investment funds in recent years, including funds mischaracterizing how so-called ESG factors play into their investment strategies and chief compliance officers failing to submit certain reports to fund boards.

  • November 05, 2024

    Groups Lose Early Bid To Undo Calif. Climate Disclosure Laws

    A California federal judge rejected the U.S. Chamber of Commerce and other business groups' attempt to block California's corporate climate disclosure rules before discovery, ruling Tuesday that discovery is needed for the court to answer whether the laws facially violate the First Amendment.

  • November 05, 2024

    CFPB Gets Good Grade On Info Security, But Gaps Remain

    The inspector general for the Consumer Financial Protection Bureau has given the agency a generally clean bill of health on its information security while flagging several weak points for improvement, including finding that it lacks a specific plan for handling a ransomware attack scenario.

  • November 05, 2024

    Texas, DOJ Reach Agreement On Federal Election Monitors

    Hours before polls opened in Texas, the Lone Star State and the U.S. Department of Justice reached an agreement on the government's plan to send federal monitors to polling locations in eight counties.

  • November 05, 2024

    Fubo Defends Block Of Sports Streaming Service At 2nd Circ.

    Fubo is defending a New York federal judge's order blocking the launch of a sports-only streaming service from ESPN, Fox and Warner Bros. Discovery at the Second Circuit, telling judges there that competitors wouldn't stand a chance in the sports streaming market without the programming that the three behemoths control.

  • November 05, 2024

    DC Circ. Wary Of FTC Changes To $5B Meta Privacy Deal

    The Federal Trade Commission faced a skeptical D.C. Circuit panel Tuesday in its bid to modify a $5 billion privacy deal with Meta, with judges questioning why any private company would settle with the agency if the deal could later be reopened.

  • November 05, 2024

    FTC Defends Noncompete Ban In 11th Circ. Appeal

    The Federal Trade Commission told the Eleventh Circuit the agency is authorized to make rules like the one banning the use of employee noncompetes and argued that a lower court was wrong to block the commission from enforcing the rule against a retirement community.

  • November 05, 2024

    Binance Says New SEC Complaint Suffers Same Old Flaws

    Cryptocurrency exchange Binance told a Washington, D.C., federal judge the U.S. Securities and Exchange Commission can't continue to argue that secondary sales of digital assets are securities transactions in its enforcement suit against the trading platform after the regulator acquiesced that the tokens themselves aren't investment contracts.

  • November 05, 2024

    States Say EPA 'Wants To Drive The Car' In CWA Row

    Idaho and a coalition of states are asking a North Dakota federal judge to strike down a U.S. Environmental Protection Agency rule requiring states to consider tribal treaty rights when they set their water quality standards, arguing the agency has no such power under the Clean Water Act.

  • November 05, 2024

    Meta Ruling Will Fuel Class Actions, Chamber Warns Justices

    Business organizations are backing Meta's appeal of a Ninth Circuit ruling upholding damages class certification for a group of Meta advertisers claiming they were misled about Facebook's ad tools, with the industry outfits telling the U.S. Supreme Court that the Ninth Circuit is out of sync with other circuits on class questions.

  • November 05, 2024

    9th Circ. Rules Biden Couldn't Spike Federal Contractor Wage

    The Federal Property and Administrative Services Act didn't authorize President Joe Biden to mandate a $15 blanket minimum wage for federal contractors, a split Ninth Circuit panel ruled Tuesday, reviving a challenge four states lodged against the government.

  • November 05, 2024

    EPA's Superfund 'Blank Check' Dooms PFAS Rule, Groups Say

    The U.S. Environmental Protection Agency wrote itself a legal "blank check" to increase the number of chemicals subject to required cleanups under federal Superfund law, industry advocates told the D.C. Circuit.

  • November 05, 2024

    Meta Owed No Coverage For Social Media MDL, Hartford Says

    Two Hartford units told a Delaware state court they should have no duty to defend Meta Platforms Inc., parent of Facebook and Instagram, against numerous lawsuits accusing the social media giant of deliberately designing its platforms to be addictive to adolescents and concealing its harmful effects on them. 

  • November 05, 2024

    Top French Soccer League, CVC Snared In Corruption Probe

    French financial law enforcement officials searched the offices of France's top professional soccer league and of private-equity investment partner CVC Capital Partners on Tuesday, Law360 confirmed, as part of an investigation of possible corruption in their collaboration on the league's media rights company.

  • November 05, 2024

    FERC Skimped On Pipeline Review, Environmental Groups Say

    The Federal Energy Regulatory Commission wrongly limited its review of a methane gas pipeline that crosses the U.S.-Mexico border to a 1,000-foot border facility, ignoring the 157-mile U.S.-based pipeline segment that cuts across Western Texas, environmental groups told the D.C. Circuit.

  • November 05, 2024

    Texas Deploys Legal Team Ahead Of Possible Election Fights

    The Texas Office of the Attorney General deployed what it called an "Election Day Rapid Response Legal Team" in several major counties to monitor election activity, preparing for potential legal battles arising the day of the election or in its immediate aftermath.

  • November 05, 2024

    Justices Probe HHS 'Dish' Payment Impact On Rural Hospitals

    The U.S. Supreme Court on Tuesday grappled with whether a change to a formula used to calculate billions of dollars in payments every year to hospitals treating a large share of low-income patients would lead to shutdowns of rural and "safety net" hospitals.

  • November 05, 2024

    Georgia Man To Appeal Concrete Bid-Rigging Conviction

    A Georgia man who, alongside his brother, was found guilty this summer of involvement in a scheme that fixed prices and rigged bids for tens of millions of dollars of ready-mix concrete contracts said Monday that he plans to appeal his conviction to the Eleventh Circuit.

  • November 05, 2024

    RNC Says Ga. Counties Can't Allow Late Absentee Ballots

    Seven Democratic-leaning counties in Georgia have been hit with a lawsuit from the Republican National Committee and its state counterpart trying to block the counties from continuing to accept hand-returned absentee ballots at the "eleventh hour" after the end of early voting last week.

  • November 05, 2024

    On The Ground: How Attorneys Safeguarded The Election

    Attorneys worked tirelessly Tuesday to support citizens and election workers on the final day of voting in one of history's most contentious presidential contests.

  • November 04, 2024

    How The Election Results Could Shape Data Privacy Policy

    The outcome of Tuesday's national elections will have a significant effect on the direction of efforts to regulate companies' collection and sale of consumer data, with the winners expected to dictate how aggressive an approach federal policymakers and regulators such as the Federal Trade Commission will take.

  • November 04, 2024

    Kroger, State AGs Finalize Sprawling $1.37B Opioid Deal

    Kroger will pay $1.37 billion to dozens of states and thousands of counties, municipalities and Native American tribes to resolve allegations the grocery store chain contributed to the opioid crisis, with Ohio, California and Texas seeing the largest distributions, according to a finalized settlement unveiled Monday.

  • November 04, 2024

    New Panel Not Needed In NLRB Row, Exxon Tells 5th Circ.

    A Fifth Circuit panel questioned ExxonMobil's assertion that it could keep the same National Labor Relations Board panel makeup besides a board member flagged for conflict of interest, telling Exxon there was "good reason" for a completely new panel during oral arguments Monday.

  • November 04, 2024

    SEC Must Prep For Legal Challenges To Regs, Watchdog Says

    The U.S. Securities and Exchange Commission should prepare for more litigation over its rulemaking agenda and make sure its new regulations can pass judicial muster, particularly in light of budget constraints, the agency's inspector general warned in a Monday report.

  • November 04, 2024

    Whistleblowers Win Cut Of Medical Kickback Settlement

    Three whistleblowers who tipped off the federal government to a medical device company's multimillion-dollar kickback scheme are entitled to a cut of the $3 million in False Claims Act settlements paid by surgeons who admitted participating in the sham consulting ploy, a Boston federal judge ruled Monday.

Expert Analysis

  • Smith's New Trump Indictment Is Case Study In Superseding

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    Special counsel Jack Smith’s recently revised Jan. 6 charges against former President Donald Trump provide lessons for prosecutors on how to effectively draft superseding indictments in order to buttress or streamline their case, as necessary, says Jessica Roth at Cardozo Law School.

  • Opinion

    FDIC's Foray Into Index Fund Rules Risks Regulatory Chaos

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    A proposed Federal Deposit Insurance Corp. rule concerning control over passive index fund investments in banks is outside the agency's remit, clashes with an existing Federal Reserve process and would inhibit competition in the index fund sector, says J.W. Verret at George Mason University.

  • Use The Right Kind Of Feedback To Help Gen Z Attorneys

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    Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.

  • Ga. Fintech Bank Charter Could Reshape Payments Industry

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    Georgia’s recent granting of a special banking charter to transaction processor Fiserv, allowing the fintech company to access major card payment networks without a traditional bank as intermediary, could spark a restructuring of the national payments infrastructure and open new possibilities for businesses and consumers, says Jessica Cino at Krevolin & Horst.

  • Opinion

    Congress Can And Must Enact A Supreme Court Ethics Code

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    As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.

  • What To Make Of Dueling Corporate Transparency Act Rulings

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    Although challenges to the Corporate Transparency Act abound — as highlighted by recent federal court decisions from Alabama and Oregon taking opposite positions on its constitutionality — the act is still law, so companies should comply with their filing requirements or face the potential consequences, say attorneys at Lowenstein Sandler.

  • Perspectives

    Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan

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    Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.

  • California's AI Safety Bill Veto: The Path Forward

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    California Gov. Gavin Newsom's veto of a bill that sought to impose stringent regulations on advanced artificial intelligence model development has sparked a renewed debate on how best to balance innovation with safety in the rapidly evolving AI landscape, say Bobby Malhotra and Carson Swope at Winston & Strawn.

  • Staying Off The CFPB's Financial Services Offender Registry

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    The Consumer Financial Protection Bureau's soon-to-launch registry of financial services companies that have faced public enforcement orders is designed to ratchet up long-term scrutiny of entities that could become repeat offenders, so companies should take their new compliance and filing requirements seriously, say Andrea Mitchell and Chris Napier at Mitchell Sandler.

  • New TCPA Rule Faces Uncertain Future Post-Loper Bright

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    The Federal Communications Commission's new rule aiming to eliminate lead generators' use of unlawful robocalls is now in doubt with the U.S. Supreme Court's Loper Bright decision, and the Eleventh Circuit's Insurance Marketing Coalition v. FCC is poised to be a test case of the agency's ability to enforce the Telephone Consumer Protection Act post-Chevron, say attorneys at Baker McKenzie.

  • A Look At Calif.'s New AI Law For Health Insurers

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    A newly enacted California law prohibits artificial intelligence tools from making medical necessity determinations for healthcare service plans or disability insurers, addressing core questions that have arisen around AI's role in coverage decisions, say attorneys at DLA Piper.

  • Colorful Lessons From NYC's Emotional Support Parrot Suit

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    A recently settled lawsuit in New York federal court concerning housing discrimination claims from a resident who had emotional support parrots highlights the importance of housing providers treating accomodation questions seriously even if they may appear unusual or questionable, say attorneys at Seyfarth.

  • To Report Or Not To Report Others' Export Control Violations

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    A recent Bureau of Industry and Security enforcement policy change grants cooperation credit to those that report violations of the Export Administration Regulations committed by others, but the benefits of doing so must be weighed against significant drawbacks, including the costs of preparing and submitting a report, says Megan Lew at Cravath.

  • Mitigating Construction Employers' Risks Of Discrimination

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    Recent heightened government scrutiny of construction industry employment practices illustrates the need for nondiscriminatory recruitment and proactive assessment of workforces and worksites, including auditing for demographic disparities and taking documented steps to address such issues, say attorneys at Seyfarth.

  • With Esmark Case, SEC Returns Focus To Tender Offer Rules

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    The U.S. Securities and Exchange Commission's recent enforcement action against Esmark in connection with its failed bid to acquire U.S. Steel indicates the SEC's renewed attention under Rule 14e‑8 of the Exchange Act on offerors' financial resources as a measure of the veracity of their tender offer communications, say attorneys at MoFo.

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