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Compliance
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February 12, 2025
Trump's Picks For CFPB, OCC Chiefs Hailed By Industry
President Donald Trump has tapped Jonathan McKernan, formerly of the Federal Deposit Insurance Corp., to lead the Consumer Financial Protection Bureau full time, part of a slate of top financial regulatory nominees that has many in industry breathing a sigh of relief.
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February 12, 2025
Ga. House Bill Would Exclude Overtime Pay From Income Tax
Georgia would exclude overtime compensation from state income taxes under a bill filed in the state House of Representatives.
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February 12, 2025
Ex-Ill. Speaker Madigan Guilty Of Bribery In Mixed Verdict
A federal jury on Wednesday partially convicted the man who was once the most powerful politician in Illinois on federal corruption charges, finding former Illinois House Speaker Michael Madigan guilty of bribery conspiracy and wire fraud but deadlocking on the government's overarching racketeering charge.
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February 12, 2025
Trump Picks Crypto Policy Advocate Quintenz To Lead CFTC
President Donald Trump has nominated Brian Quintenz, a former member of the U.S. Commodity Futures Trading Commission and current head of policy for venture capital firm a16z's crypto fund, to lead the derivatives market regulator.
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February 12, 2025
8 Ousted Inspectors General Sue Over Firings
Eight inspectors general fired by President Donald Trump sued the administration Wednesday, asking a D.C. federal judge to declare their terminations "legal nullities" and to order their reinstatement.
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February 11, 2025
Trump Tells Agencies To Plan 'Large-Scale' Cuts With Musk
President Donald Trump signed an executive order Tuesday that directs agencies to prepare for "large-scale" cuts to the federal workforce and gives Elon Musk's Department of Government Efficiency the authority to approve the future hiring of career officials.
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February 11, 2025
Wash. Health Privacy Law Debuts In Amazon Tracking Suit
A Washington resident has launched the first claims under the state's groundbreaking health privacy law, as part of a proposed class action accusing Amazon of unlawfully harvesting location data from tens of millions of mobile phone users through third-party apps that are running the company's software development kit.
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February 11, 2025
DOGE, Treasury Accused Of 'Largest' US Data Breach
Elon Musk's Department of Government Efficiency, the U.S. Department of the Treasury and the U.S. Office of Personnel Management conducted the "largest" data and IT security breaches in U.S. history, illegally exposing millions of people's sensitive information, a data privacy watchdog and group of federal employees alleged this week.
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February 11, 2025
SoCal Edison Investors Sue Over LA Wildfire Mitigation Claims
The parent company of Southern California Edison was hit with a putative shareholder class action on Tuesday that alleges the public utility company misled investors about implementing the power company's wildfire-mitigation measures in the lead-up to the Eaton and Hurst fires that devastated an area north of Los Angeles.
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February 11, 2025
CFPB's Closure Not 'A Free Pass' For Financial Compliance
Banks and other consumer lenders shouldn't let their compliance efforts around Consumer Financial Protection Bureau regulations go idle despite the uncertainty caused by the Trump administration's closure of the agency, experts say, as its rules are still on the books and other regulators may pick up the slack.
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February 11, 2025
FCC's Subsidy Fund Like 'Bureaucrat's Dream,' Justices Told
A free-market litigation group urged the U.S. Supreme Court on Tuesday to overturn the Federal Communications Commission's fee system to support telecom subsidies, comparing the regime to an out-of-control IRS with unbridled taxing powers.
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February 11, 2025
'Fraudster' Or 'Fool'? Jury Gets 2 Takes On Exec's Crypto Flop
The criminal case against a cryptocurrency company CEO accused of defrauding investors of $5 million is about "greed," a prosecutor told a California federal jury during opening arguments Tuesday while a defense lawyer characterized his client as a "fool" who floundered while "swimming with sharks," including disgraced ex-lobbyist Jack Abramoff.
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February 11, 2025
Crypto Bills A 'Test Case' For AI Regs, GOP Senator Says
A Republican U.S. senator who is leading the push for crypto industry regulation said Tuesday that Congress' actions in the digital asset space could determine whether there is a path forward for writing regulations governing the artificial intelligence industry.
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February 11, 2025
Novo Nordisk Mostly Escapes Insulin Pen Contamination Suit
Novo Nordisk has, for now, beaten much of a Connecticut-based hospital's federal lawsuit seeking to hold it financially responsible for the $1 million settlement the hospital paid to patients potentially exposed to blood-borne infections after the medical staff used the pharma company's product.
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February 11, 2025
PFAS Litigation Finds A New Frontier: Consumer Products
Smartwatch wristbands, adhesive bandages, tampons and juice containers — what do they all have in common? In a growing trend, plaintiffs attorneys allege the products contain toxic forever chemicals and that manufacturers misled consumers about it.
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February 11, 2025
Brokerage Exec Can Be Sued Over Fraud Claims, Judge Says
An Illinois magistrate judge told the former owner of Center Street Securities on Tuesday that he cannot escape claims he concealed regulatory issues before his company was acquired by financial services company Arete Wealth, ruling that the stock purchase agreement's broad definition of liabilities could include the allegedly undisclosed violations at issue in the suit.
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February 11, 2025
EV Charging Supply Chain In Limbo Amid Funding Freeze
The Trump administration's suspension of a $5 billion program funding electric vehicle charging stations nationwide infuses uncertainty into the future of the U.S. electric-vehicle supply chain, triggering costly project delays and fresh litigation, experts told Law360.
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February 11, 2025
Biz Group Balks At Piecemeal Bonds In Crane Collapse Case
A Dallas appellate court's requirement that each debtor fighting a $400 million fatal crane collapse judgment must post an individual bond discourages appeals and creates an unpredictable tort liability system, a Texas business advocacy group told the state Supreme Court on Monday.
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February 11, 2025
Feds Are Asked How FCPA Halt Affects Cognizant Bribe Case
A New Jersey federal judge on Tuesday told prosecutors to weigh in on how President Donald Trump's executive order pausing enforcement of the Foreign Corrupt Practices Act could impact a case alleging that two former Cognizant Technology Solutions Corp. executives authorized a bribe to an Indian official.
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February 11, 2025
Feds Must Enforce Law In Dakota Pipeline Row, Court Told
The Standing Rock Sioux Tribe is fighting a bid by the federal government and a slew of Republican-led states to dismiss its lawsuit that seeks to block an energy company from operating the Dakota Access Pipeline, saying there's a mandatory duty to ensure its operations comply with environmental laws.
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February 11, 2025
FTC Says Small Stores Pay Southern Glazer's Up To 67% More
The Federal Trade Commission's price discrimination case against Southern Glazer's accuses the wine and spirits distributor of routinely charging small retailers up to 67% more for the same products as large chain stores, according to newly unsealed redactions.
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February 11, 2025
Split 3rd Circ. Keeps Merck Vaccine Antitrust Panel Immunity
The full Third Circuit refused to reconsider a ruling that immunized Merck & Co. from antitrust claims over submissions it made to federal regulators for its mumps vaccine, over the objection of a trio of appellate judges.
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February 11, 2025
FTC Bureau Heads Include DOJ Alum With Big Tech Mandate
The Federal Trade Commission named its new competition and consumer protection bureau chiefs Monday, tapping for its top competition enforcer the U.S. Department of Justice Antitrust Division's civil conduct head, praised specifically for his "experience taking on Big Tech."
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February 11, 2025
SEC Stays Binance Case Amid Other Crypto Case Extensions
The U.S. Securities and Exchange Commission and crypto exchange Binance have asked a Washington federal judge overseeing their enforcement suit to pause the case for two months as the agency pivots its approach to digital assets, adding to the list of extensions in the agency's cryptocurrency cases.
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February 11, 2025
FTC Chair Commits To 'Long Overdue' Merger Filing Revisions
The Federal Trade Commission's new Republican Chair, Andrew N. Ferguson, offered an enthusiastic welcome Monday to last fall's dramatic overhaul of merger filing requirements that antitrust practitioners expect will significantly increase upfront burdens, but that Ferguson said will ultimately lower costs for companies and enforcers.
Expert Analysis
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Lessons Learned From 2024's Top ADA Decisions
Last year's major litigation related to the Americans with Disabilities Act highlights that when dealing with accommodation requests, employers must communicate clearly, appreciate context and remain flexible in addressing needs, say attorneys at Dechert.
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A Guide To Significant 2024 Data Broker Legal Developments
2024 saw notable developments in U.S. data broker regulation and enforcement, and this momentum will likely carry into 2025, despite hypothetical efforts to the contrary under the new administration, say attorneys at Frankfurt Kurnit.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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How Changes In State Gift Card Laws May Affect Cos. In 2025
2024 state legislative movements around the escheatment of unused gift card balances and consumer fraud protections should prompt issuers to consider whether changes in company domicile or blanket cash-back policies are needed in the new year, say attorneys at Alston & Bird.
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Lessons From The SEC's 2024 Crackdown On AI Washing
AI washing was the subject of increased scrutiny from the U.S. Securities and Exchange Commission in 2024 following a surge in the commercial adoption of generative artificial intelligence technologies in 2023, highlighting the importance of transparency, accuracy and accountability when communicating about AI, say attorneys at Perkins Coie.
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The 6 Most Significant FCRA Litigation Developments Of 2024
From a key sovereign immunity decision at the U.S. Supreme Court to a ruling on creditworthiness out of the Seventh Circuit, several important Fair Credit Reporting Act cases wound their way through the courts in 2024, each offering takeaways for both plaintiffs and defendants, say attorneys at Shipkevich.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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The Securities Litigation Trends That Will Matter Most In 2025
2025 is shaping up to be a significant year for securities litigation, as plaintiffs and defendants alike navigate shifting standards for omission theories of liability, class certification, risk disclosure claims and more, say attorneys at Willkie.
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Predicting The Lasting Changes CFPB May Face In 2025
President-elect Donald Trump and the incoming Republican-controlled Congress' likely attempts to reshape the Consumer Financial Protection Bureau could significantly alter its rulemaking, supervisory and enforcement abilities for years to come, says Jim Sandy at McGlinchey Stafford.
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5 Proactive Immigration Best Practices For Employers In 2025
Businesses that depend on foreign talent should take specific steps in anticipation of changes to federal immigration policies that could affect the H-1B visa and other programs, and likely require changes in organizational operations and compliance strategy, says Dustin O'Quinn at Ballard Spahr.
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Top 10 Employer Resolutions For 2025
While companies must monitor for policy shifts under the new administration in 2025, it will also be a year to play it safe and remember the basics, such as the importance of documenting retention policies and conducting swift investigations into workplace complaints, say attorneys at Krevolin Horst.
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NLRB Likely To Fill Vacuum After NMB Jurisdiction Ruling
The National Mediation Board's recent ruling in Swissport Cargo Services LP abandoned decades of precedent by concluding the Railway Labor Act doesn’t apply to airline service providers, likely leading the National Labor Relations Board to assert its jurisdiction instead and potentially causing more operational disruptions and labor strife, say attorneys at Morgan Lewis.
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How White Collar Enforcement May Shift In Trump's 2nd Term
After President-elect Donald Trump returns to the White House next month, the administration’s emphasis on immigration laws, drug offenses and violent crime will likely reduce the focus on white collar crime overall, but certain areas within the white collar world may see increased activity, say attorneys at Keker Van Nest.
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Risk Management Takeaways From NIST's AI Symposium
Based on the National Institute of Standards and Technology's September artificial intelligence innovation symposium, companies should anticipate that laws and regulations safeguarding AI could take new forms and approaches that break the current mold, say attorneys at Eversheds Sutherland.
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New Trump Admin May Bring Financial Oversight Turbulence
As President-elect Donald Trump prepares to begin his second term, his top financial market regulatory and securities law enforcement appointees, campaign promises, and regulatory preferences foretell a period of muddy regulatory waters, say attorneys at Kroll.