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Compliance
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October 01, 2024
Mass. Hospital To Pay Up To $6.5M In Sober Home Scheme
A Massachusetts behavioral health hospital will pay up to $6.5 million to resolve claims it illegally steered Medicare and Medicaid patients to its outpatient substance abuse programs with a promise of free sober home housing, according to a settlement announced Tuesday.
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October 01, 2024
Arkansas AG Says YouTube Addicts And Harms Youth Users
The Arkansas attorney general has sued YouTube LLC, Google LLC and their parent company in state court, alleging that the YouTube platform is deliberately designed to addict youth users and shows them harmful content, leading to a mental health crisis that has cost the state hundreds of millions of dollars.
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October 01, 2024
The Top In-House Hires Of September
Legal department hires over the last month included high-profile appointments at Wynn Resorts, Amtrak and eBay. Here, Law360 Pulse looks at some of the top in-house announcements from September.
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October 01, 2024
Ex-Interior Dept. Deputy's Oil Stocks Violated Ethics Laws
The onetime deputy secretary of the Interior, Tommy Beaudreau, who moved into private practice last year and now co-leads WilmerHale's energy practice, violated government ethics laws by failing to recuse himself from drilling-related matters while knowingly holding petroleum stocks, according to an internal watchdog's ethics report released Tuesday.
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October 01, 2024
Bybit Adds Ex-Binance Atty As Legal And Compliance Chief
Crypto exchange Bybit has added a Binance and ByteDance alum to head its legal and compliance operations, the firm announced Tuesday.
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October 01, 2024
Treasury Plans Final Direct Pay Partnership Regs By Year-End
The U.S. Treasury Department is eyeing the end of the year to finalize regulations for development projects to elect out of their partnership tax status to qualify for a direct cash payment of their clean energy tax credits, an official said Tuesday.
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October 01, 2024
When The Client Is The Mayor, The Usual Rules Don't Apply
Representing a public official, whether the mayor of New York City, a state legislator or a city council member, poses unique challenges for even the most experienced lawyers, who often find themselves torn between fighting battles in the press and protecting their client in court.
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October 01, 2024
SEC Fines Marathon Asset Over Nonpublic Info Policies
The U.S. Securities and Exchange Commission announced that Marathon Asset Management LP will pay $1.5 million to settle allegations that the debt investment firm failed to have adequate policies and procedures to prevent the misuse of nonpublic information in relation to its business of analyzing debtors' financial obligations.
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October 01, 2024
Adams Says Feds Sought To 'Tarnish' Him With Leaks
New York City Mayor Eric Adams asked a Manhattan federal judge Tuesday to sanction Southern District prosecutors for allegedly leaking the details of a criminal investigation for nearly a year leading up to his corruption indictment, saying negative press has hurt his standing with the public and undermined his right to a fair trial.
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October 01, 2024
Nostrum Labs Hits Ch. 11 A Year After Medicaid Settlement
Nostrum Laboratories, a New Jersey drugmaker that paid millions to settle allegations that it underpaid Medicaid drug rebates for its bladder infection drug after it hiked the price more than 400%, filed for Chapter 11 protection with nearly $68.3 million in debt.
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October 01, 2024
Jenner & Block Welcomes Davis Wright's Chicago Head
Jenner & Block LLP announced the addition of the former Chicago office leader at Davis Wright Tremaine LLP on Tuesday, touting the longtime financial litigator's skills in litigation and regulatory counseling.
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September 30, 2024
FTC's Amazon Monopolization Suit Partly Tossed, For Now
A Washington federal judge on Monday agreed to trim the Federal Trade Commission's landmark monopolization case against Amazon and split the trial into two parts, although the order itself remains sealed, according to an entry on the case docket.
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September 30, 2024
AI Safety Bill Veto Shows Calif. Taking Regulatory 'Baby Steps'
The California governor's rejection of sweeping legislation to ensure the safe deployment of large-scale artificial intelligence models — and his simultaneous embrace of more targeted proposals to regulate the technology — is likely to result in the wider creation of regimes that favor "baby steps" over broad strokes, experts say.
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September 30, 2024
Apple Says Epic's Injunction Can't Survive New Precedent
Apple Inc. asked a California federal judge Monday to vacate or at least narrow the injunction won by Epic Games Inc. against the iPhone maker's anti-steering rules, arguing that two recent rulings suggest that the judge got the state antitrust law wrong.
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September 30, 2024
'I Was Excluded,' White Ex-Cognizant Worker Tells Jury
A former Cognizant employee testifying for a class of former workers alleging the company is biased in favor of Indian employees corrected an attorney on Monday when asked if she "felt excluded" at the company, insisting, "Well, I was excluded."
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September 30, 2024
Calif. Sues Eureka Hospital For Denying Emergency Abortion
California on Monday sued Providence of St. Joseph Hospital in Eureka for denying an emergency abortion to a woman it diagnosed with a serious pregnancy complication and sending her off to a small community hospital with a bucket and towels.
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September 30, 2024
Epic Judge Slams Apple's 'Bad Behavior' Managing Discovery
A California federal magistrate judge overseeing discovery in Epic Games' antitrust compliance fight with Apple has refused to grant Apple's request to extend a compliance deadline to produce documents, slamming the tech giant for its "bad behavior" and eleventh-hour extension request and noting Apple has extensive resources to meet Monday's deadline.
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September 30, 2024
Siemens Will Pay $104M For Stealing GE, Mitsubishi Secrets
Siemens Energy on Monday pled guilty to wire fraud and agreed to pay $104 million to put to rest federal prosecutors' case accusing the company of misappropriating the confidential information of General Electric and Mitsubishi, a plea deal that comes after multiple former Siemens executives pled guilty in related cases.
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September 30, 2024
SEC Says Ex-Church & Dwight CEO Misled On Independence
The U.S. Securities and Exchange Commission said Monday that Church & Dwight Co.'s former CEO and chairman has agreed to settle claims that he had an undisclosed close friendship with a high-ranking company executive while serving as an independent director of the maker of the Arm & Hammer brand and other consumer products.
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September 30, 2024
Takeda End Payors, Direct Buyers Win Antitrust Class Cert.
A New York federal judge Monday adopted a magistrate judge's recommendation to certify two classes of direct purchasers and end payors in consolidated antitrust actions accusing Takeda Pharmaceuticals Co. of unlawfully inflating the price of its diabetes treatment Actos by delaying entry of generic alternatives.
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September 30, 2024
Zelle Fraud Victims Fight Uphill To Save Contract Breach Suit
Zelle users urged a California federal judge Monday to rethink his tentative decision to dismiss their proposed class action alleging breach of express contract and implied covenant of good faith over Bank of America's refusal to reimburse them for fraudulent transactions, arguing the bank conducted insufficient investigations before denying their claims outright.
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September 30, 2024
SEC Fines Moloney Securities, Sues Ex-Broker In Reg BI Case
A Missouri broker-dealer and three of its representatives have agreed to pay more than $438,000 to settle U.S. Securities and Exchange Commission claims that they violated Regulation Best Interest with high-risk debt securities, while the regulator sued another ex-representative for related allegations.
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September 30, 2024
MoneyGram Beats Investor Suit Over Anti-Fraud Compliance
An Illinois federal judge on Monday tossed a proposed securities class action accusing MoneyGram International of lying about its anti-fraud compliance, finding that the suing investors did not adequately plead any misleading statements or that MoneyGram's executives acted with an intent to deceive.
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September 30, 2024
TD Securities To Pay $28M In Treasuries Spoofing Settlements
Brokerage firm TD Securities has agreed to pay nearly $28 million to avoid prosecution and end regulatory investigations into its role in a spoofing scandal that will soon see the former head of its U.S. Treasuries trading desk brought before a jury, government officials announced Monday.
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September 30, 2024
GM's Cruise To Pay $1.5M Penalty Over SF Robotaxi Crash
General Motors Co.'s Cruise LLC agreed to pay a $1.5 million civil penalty for failing to promptly disclose that one of its self-driving vehicles last year had dragged a pedestrian for 20 feet, the U.S. Department of Transportation's National Highway Traffic Safety Administration announced on Monday.
Expert Analysis
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7 Takeaways For Investment Advisers From FinCEN AML Rule
With a new FinCEN rule that will require covered investment advisers to implement anti-money laundering programs and comply with extra recordkeeping requirements by 2026, companies should begin planning necessary updates to their policies and procedures by focusing on seven of the rule’s key requirements, identified by attorneys at Simpson Thacher.
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Basics Of Collective Bargaining Law In Principle And Practice
Excerpt from Practical Guidance
Rebecca Bernhard and Jennifer Service at Barnes & Thornburg discuss the nuts and bolts of what the National Labor Relations Act requires of employers during collective bargaining, and translate these obligations into practical steps that will help companies prepare for, and succeed during, the negotiation process.
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Mich. Whistleblower Ruling Expands Retaliation Remedies
The Michigan Supreme Court's recent Occupational Health and Safety Act decision in Stegall v. Resource Technology is important because it increases the potential exposure for defendants in public policy retaliation cases, providing plaintiffs with additional claims, say Aaron Burrell and Timothy Howlett at Dickinson Wright.
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What VC Fund Settlement Means For DEI Grant Programs
An unexpected settlement in American Alliance for Equal Rights v. Fearless Fund, based on specific details of an Atlanta venture capital fund's challenged minority grant program, leaves the legal landscape wide open for organizations with similar programs supporting diversity, equity and inclusion to chart a path forward, say attorneys at Moore & Van Allen.
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Opinion
A Fuzzy Label With Bite: FTC Must Define Surveillance Pricing
The Federal Trade Commission recently issued orders to eight companies — including Mastercard, McKinsey and Chase — seeking information on "surveillance pricing," but the order doesn't explain the term or make the distinction between legal and illegal practices, leaving any company that uses personalized pricing in the dark, says Chris Wlach at Huge.
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Opinion
CMS' New 'Breakthrough' Device Policy Shows Little Promise
The Centers for Medicare & Medicaid Services’ recent procedural notice outlining a new Medicare coverage pathway for breakthrough medical devices will, at best, be a failed experiment and, at worst, result in Medicare beneficiaries denied access to innovative treatments, say attorneys at King & Spalding.
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Assessing Algorithmic Versus Generative AI Pricing Tools
A comparison of traditional algorithmic pricing models and those powered by generative artificial intelligence can help regulators and practitioners weigh the pros and cons of relying on large language models to price products or services, say Maxime Cohen at McGill University, and Tim Spittle and Jimmy Royer at Analysis Group.
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Missouri Injunction A Setback For State Anti-ESG Rules
A Missouri federal court’s recent order enjoining the state’s anti-ESG rules comes amid actions by state legislatures to revise or invalidate similar legislation imposing disclosure and consent requirements around environmental, social and governance investing, and could be a blueprint for future challenges, say attorneys at Paul Hastings.
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An Overview Of New Export Controls On Advanced Tech
With a new rule that took effect this month, the U.S. Department of Commerce's Bureau of Industry and Security continues to expand export controls on advanced technologies, including semiconductor, additive manufacturing and quantum computing, in coordination with international partners, say attorneys at Arnold & Porter.
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Nuclear Waste Storage Questions Justices May Soon Address
The petition for the U.S. Supreme Court to review U.S. Nuclear Regulatory Commission v. Texas stands out for a number of reasons — including a deepening circuit split regarding the NRC's nuclear waste storage authority under the Atomic Energy Act, and broader administrative law implications, say attorneys at MoloLamken.
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How States Are Approaching AI Workplace Discrimination
As legislators across the U.S. have begun addressing algorithmic discrimination in the workplace, attorneys at Reed Smith provide an overview of the status, applicability and provisions of 13 state and local bills.
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Navigating A Potpourri Of Possible Transparency Act Pitfalls
Despite the Financial Crimes Enforcement Network's continued release of guidance for complying with the Corporate Transparency Act, its interpretation remains in flux, making it important for companies to understand potentially problematic areas of ambiguity in the practical application of the law, say attorneys at Sidley.
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Series
After Chevron: Conservation Rule Already Faces Challenges
The Bureau of Land Management's interpretation of land "use" in its Conservation and Landscape Health Rule is contrary to the agency's past practice and other Federal Land Policy and Management Act provisions, leaving the rule exposed in four legal challenges that may carry greater force in the wake of Loper Bright, say Stacey Bosshardt and Stephanie Regenold at Perkins Coie.
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A Preview Of AI Priorities Under The Next President
For the first time in a presidential election, both of the leading candidates and their parties have been vocal about artificial intelligence policy, offering clues on the future of regulation as AI continues to advance and congressional action continues to stall, say attorneys at Mintz.
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Opinion
Big Oil Climate Ruling Sets Dangerous Liability Precedent
The recent Maryland court dismissal of Baltimore's case seeking to hold BP responsible for climate damage mischaracterized the city's injuries as divorced from the conduct that caused them, and could allow companies that conceal the dangers of their products to escape liability, says Randall Abate at George Washington University Law School.