Compliance

  • August 02, 2024

    Industry Backs Commonwealth's Appeal Of SEC's $93M Win

    The Financial Services Institute is calling on the First Circuit to overturn the U.S. Securities and Exchange Commission's $93 million victory against member firm Commonwealth Financial Network, arguing the lower court's disgorgement analysis undermines a U.S. Supreme Court decision and leaves other investment advisers fearing "outsized" enforcement actions.

  • August 02, 2024

    Iowa, ND Move For Win In NEPA Rule Fight

    States led by Iowa and North Dakota are asking a federal judge to scrap a Council on Environmental Quality rule they say threatens to turn the National Environmental Policy Act into an "action-forcing" process to advance the Biden administration's climate and environmental justice goals.

  • August 02, 2024

    British Air Parent Drops Air Europa Deal Due To EU Scrutiny

    British Airways' parent company has abandoned its €400 million ($436 million) plan to buy the rest of Air Europa from Spanish tourism company Globalia amid pushback from European competition authorities, telling investors that the merger was "no longer probable."

  • August 02, 2024

    5th Circ. Tosses 1988 Case In Galveston Voting Rights Ruling

    Multiple minority groups cannot "combine forces" to bring vote dilution claims under a portion of the Voting Rights Act that prohibits race discrimination, the Fifth Circuit said, overruling a decades-old case in a blockbuster decision regarding Galveston County's voting districts.

  • August 02, 2024

    DOJ, LA County Settle Disabled Voter Discrimination Suit

    The County of Los Angeles has settled the federal government's suit alleging it discriminated against people with disabilities who were trying to vote during recent elections and has agreed to work with an accessibility expert for three years to ensure its voting centers are accessible or can be made accessible.

  • August 02, 2024

    Wells Fargo's AML, Sanctions Programs Facing Investigation

    Wells Fargo & Co. has said it is facing scrutiny from "government authorities" over issues with its anti-money laundering and sanctions compliance programs, further noting it is in talks with the U.S. Securities and Exchange Commission to settle an investigation into its investment account cash sweep offerings.

  • August 02, 2024

    Corporate Battles Thrust Activist Investing Into The Spotlight

    Disney and Starbucks are among the big-name corporations that have recently gone toe to toe with activist investors, spotlighting an upswing in activist demands against U.S. companies in the first half of the year. 

  • August 02, 2024

    SDNY Brass Looks To Future After String Of Courthouse Wins

    A series of high-profile convictions won by federal prosecutors from the Southern District of New York shows the office is pursuing justice for a diverse community without regard for politics, its senior leaders told Law360, adding they intend to continue on that path.

  • August 02, 2024

    DOJ Says Apple 'Has No Basis' To Delay Discovery

    The U.S. Department of Justice is urging a New York federal judge to get the ball rolling on discovery in its case accusing Apple of anticompetitively restricting app access to lock users into the iPhone.

  • August 02, 2024

    Boeing's New CEO To Steer Daunting Safety Culture Rebound

    Boeing's selection of an engineer and longtime aerospace industry executive as its next CEO demonstrates an eagerness to correct course amid daunting legal and regulatory troubles, as victims' families relentlessly press for Boeing to face a criminal trial over the two 737 Max 8 crashes.

  • August 02, 2024

    Real Estate Recap: Grants Pass, Population Data, CMBS Risk

    Catch up on the past week's key developments by state from Law360 Real Estate Authority — including city and state reactions to the U.S. Supreme Court's ruling on homeless encampments, a new proptech venture leveraging population data for investors and developers, and one BigLaw leader's view of which sectors are most sensitive to commercial mortgage-backed securities distress.

  • August 02, 2024

    ABA Taskforce Urges Attys To Step Up Election Volunteering

    The American Bar Association's Task Force for American Democracy, launched last year, published a 12-page report Friday outlining the importance of lawyers knowing their state's election laws and encouraging them to volunteer their time to bolster faith in elections.

  • August 02, 2024

    Cognizant Bribery Trial Delayed Again — Until 2025

    Trial in a five-year-old case alleging two former Cognizant executives authorized a bribe to a government official in India has been delayed again, this time by six months, so prosecutors can complete necessary depositions in that country, according to a federal court order handed down Friday.

  • August 02, 2024

    Privacy & Cybersecurity Midyear Report: 4 Areas To Watch

    New York and Colorado shook up the data privacy landscape by enacting groundbreaking laws protecting children online and clamping down on high-risk uses of artificial intelligence during the first half of 2024, and both states and the federal government are expected to devote considerable attention to these areas in the coming months. 

  • August 02, 2024

    Manhattan DA Slams Trump's 'Regurgitated' Recusal Bid

    The Manhattan district attorney pilloried Donald Trump's renewed request for the judge overseeing his hush money case to recuse himself, branding it a "regurgitated" attempt to rehash issues the court already decided without any new facts — besides Kamala Harris' presidential bid.

  • August 02, 2024

    Akin Debuts AI Law & Regulation Info Tracker

    Global BigLaw firm Akin Gump Strauss Hauer & Feld LLP launched a tracker to help monitor changing policies related to artificial intelligence in various fields including intellectual property, data privacy, health and national security.

  • August 02, 2024

    NYC Courts' $9.5M Accounting Error Quietly Broke The Law

    Internal audits found New York City courts violated state law by failing to turn over $9.5 million to the state treasury — the result of clerks not keeping tabs on public money in recent years.

  • August 02, 2024

    SEC Narrows Its Rulemaking Focus As Election Looms

    The U.S. Securities and Exchange Commission's aggressive rulemaking spree is showing signs of dwindling as November elections loom, although several proposals could be primed for autumn votes if regulators wish to tackle hot-button topics.

  • August 02, 2024

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    The DOJ unveiled its pilot program to reward whistleblowers who alert prosecutors to significant corporate misconduct — though the rollout didn't come without criticism from attorneys — and a new report determined that class actions accusing companies of deceiving investors about their AI capabilities are on the rise this year.

  • August 02, 2024

    More Tribes Suing Social Media For Teen Addiction, Suicides

    Two more Native American tribes have filed suit against a slew of social media companies, alleging that over the past decade they've contributed to a growing body of research that directly links their platforms to a youth mental health crisis that's plaguing Indian Country.

  • August 02, 2024

    Monitor Says HCA Possibly Flouted Promises In Hospital Deal

    The independent monitor tasked with ensuring HCA Healthcare has complied with an agreement that cemented its $1.5 billion acquisition of a North Carolina health system has said the for-profit network may have deviated from those promises, according to a new report.

  • August 02, 2024

    DOJ Sues TikTok For Sweeping Children's Privacy Breaches

    The U.S. Department of Justice on Friday hit TikTok and its parent company with a highly anticipated lawsuit accusing the short-form video app of engaging in "widespread" violations of children's privacy law by collecting a "wide variety" of personal information from kids under 13 without parental consent. 

  • August 01, 2024

    Avantor Will Pay $5M To Settle FCA Claims Against Subsidiary

    Biotech company Avantor Inc. has agreed to shell out $5 million to resolve allegations its laboratory supplies subsidiary VWR International overcharged federal agencies for goods despite agreeing to give discounts, a federal prosecutor announced on Thursday.

  • August 01, 2024

    More 'Equitable' Banking? This Ex-Biden Official Has A Plan

    A former Biden U.S. Treasury Department official on Thursday outlined a progressive policy agenda that could provide a road map for bank regulators in the next administration, saying there's more that can and should be done to make the banking system stronger and fairer.

  • August 01, 2024

    GPB Capital Execs Convicted Of Fraud For $1.8B Scheme

    A New York federal jury on Thursday convicted former GPB Capital executives of wire and securities fraud charges stemming from allegations they ran the private equity fund like a $1.8 billion Ponzi scheme, according to an announcement from the U.S. Department of Justice.

Expert Analysis

  • Tips For Lenders Offering Texas Home Equity Lines Of Credit

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    As interest in home equity lines of credit increases, lenders seeking to utilize such products in Texas must be aware of state-specific requirements and limitations that can make it challenging to originate open-end lines of credit on homestead property, says Tye McWhorter at Polunsky Beitel.

  • Behind The Delay Of Final HSR Premerger Filing Rules

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    Erin Toomey at Epiq discusses the wait for the final version of the revised Hart-Scott-Rodino premerger filing requirements that were first introduced in June 2023, the factors that might be behind the delay, and how to plan for the potential data-focused rule change

  • Opinion

    After Jarkesy, IRS Must Course-Correct On Captive Insurance

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    The U.S. Supreme Court’s recent Securities and Exchange Commission v. Jarkesy decision has profound implications for other agencies, including the IRS, which must stop ignoring due process and curtailing congressional intent in its policing of captive insurance arrangements, says Peter Dawson at the 831(b) Institute.

  • Congress Quietly Amends FEPA: What Cos. Should Do Now

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    Last week, Congress revised the Foreign Extortion Prevention Act — passed last year to criminalize demand-side foreign bribery — to address inconsistencies and better harmonize the law with the Foreign Corrupt Practices Act, and companies should review their compliance programs accordingly, say Mark Mendelsohn and Benjamin Klein at Paul Weiss.

  • Why FDIC Banks May Want To Consider Fed Membership

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    With the Federal Deposit Insurance Corp. recently ratcheting up bank supervision and proposing idiosyncratic new policies, state-chartered nonmember banks may want to explore the benefits of becoming Federal Reserve members and consider practical steps to make the switch, say Max Bonici and Connor Webb at Venable.

  • Bid Protest Spotlight: Standing, Prejudice, Conflicts

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    In this month's bid protest roundup, Caitlin Crujido at MoFo examines three recent decisions from the U.S. Government Accountability Office concerning whether a would-be protestor was an interested party with standing, whether an agency adequately investigated potential procurement violations and whether a proposed firewall sufficiently addressed an impaired objectivity organizational conflict of interest.

  • Dissecting Treasury's Call For Input On AI In Financial Sector

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    The U.S. Department of the Treasury's request for comments on the potential benefits and challenges AI may pose to the financial services sector, which asks how stakeholders are addressing and mitigating increased fraud risks, reflects the federal government's continued interest in AI's effects across the economy, say attorneys at Hogan Lovells.

  • How Contractors Can Prep For DOD Cybersecurity Rule

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    The proverbial clock is ticking for defense contractors and subcontractors to strengthen their compliance posture in preparation for the rollout of the highly anticipated Cybersecurity Maturity Model Certification program, so those affected should analyze their existing security standards and take proactive steps to fill in any significant gaps, say Beth Waller and Patrick Austin at Woods Rogers.

  • NYSE Delisting May Be The Cost Of FCPA Compliance

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    ABB’s recent decision to delist its U.S. depository receipts from the New York Stock Exchange, coupled with having settled three Foreign Corrupt Practices Act enforcement actions, begs the question of whether the cost of FCPA compliance should factor into a company's decision to remain listed in the U.S., says John Joy at FTI Law.

  • Opinion

    The FTC Needs To Challenge The Novo-Catalent Deal

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    Novo's acquisition of Catalent threatens to substantially lessen competition in the manufacturing and marketing of GLP-1 diabetes and obesity drugs, and the Federal Trade Commission should challenge it under a vertical theory of harm, as it aligns with last year's merger guidelines and the Fifth Circuit decision in Illumina, says attorney David Balto.

  • CFTC Action Highlights Necessity Of Whistleblower Carveouts

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    The U.S. Commodity Futures Trading Commission's novel settlement with a trading firm over allegations of manipulating the market and failing to create contract carveouts for employees to freely communicate with investigators serves as a beacon for further enforcement activity from the CFTC and other regulators, say attorneys at Davis Wright.

  • 5 Tips For Solar Cos. Navigating Big Shifts In US Trade Policy

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    Renewable energy developers can best mitigate new compliance risks from the Office of the U.S. Trade Representative’s increased tariffs on imported solar cells, and simultaneously capitalize on Treasury Department incentives for domestic solar manufacturers, by following five best practices in the changing solar trade landscape, say attorneys at Morgan Lewis.

  • Md. Deal Highlights Consumer Finance Program Regulations

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    Maryland regulators’ recent settlement with the Bank of Missouri and its consumer lending partners, Atlanticus and Fortiva, offers a reminder that it is important to properly structure such partnerships and conduct sufficient due diligence on state licensing requirements, says Tom Witherspoon at Stinson.

  • Series

    Being A Luthier Makes Me A Better Lawyer

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    When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.

  • Defending Against Aggressive DOL Child Labor Enforcement

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    The U.S. Department of Labor's recent unsuccessful injunction against an Alabama poultry facility highlights both the DOL's continued focus on child labor violations and the guardrails and defenses that employers can raise, say attorneys at Littler.

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