Compliance

  • July 29, 2024

    Catching Up With Delaware's Chancery Court

    Litigation linked to Elon Musk sparked several filings in Delaware's Court of Chancery last week, including a call for sanctions and hand-wringing about a proposed multibillion-dollar attorney fee. Here, Law360 looks at this and other highlights from last week in Delaware's Chancery Court.

  • July 29, 2024

    White Collar Update: 4 Developments To Watch

    White-collar lawyers are on the lookout for U.S. Department of Justice actions targeting artificial intelligence "snake oil," aggressive pandemic-relief fraud prosecutions, and carrots for corporations and whistleblowers who expose misconduct. Here's a look at some key developments to watch in the second half of 2024.

  • July 29, 2024

    Legal Tech Biz Litera Acquires Data Management Co. FileTrail

    Legal technology giant Litera announced on Monday the acquisition of FileTrail, which offers information governance and records management services to law firms and companies.

  • July 29, 2024

    Clean Energy Tax Credit Sales Could Hit $25B, Report Says

    Total sales of clean energy tax credits could reach as high as $20 billion to $25 billion this year, signaling a flourishing marketplace for credit sales authorized by the 2022 climate law, according to a midyear report released Monday by a climate tech startup firm.

  • July 29, 2024

    Teller Pens Deal With Wells Fargo In AML Whistleblower Case

    Wells Fargo has reached a settlement in principle with a former teller who claimed she was fired after raising concerns about the bank's "streamlined" account opening process that allowed customers to open accounts if they'd failed anti-money laundering screenings previously.

  • July 29, 2024

    Ex-Pharma Exec Seeks Leniency After SEC Contempt Plea

    A former pharmaceutical executive is hoping to avoid jail after his use of an alias to circumvent a U.S. Securities and Exchange Commission ban on finance work landed him a criminal contempt conviction, while Boston federal prosecutors are seeking up to 10 months in prison.

  • July 29, 2024

    6th Circ. Revives Challenge Of Clean Water Rule

    Just 11 days after oral arguments, the Sixth Circuit on Monday revived Kentucky and industry groups' challenges to a federal government rule defining the scope of the Clean Water Act, finding a district court judge had improperly dismissed the case.

  • July 26, 2024

    DOJ Whistleblower Pilot On Deck As Cos. Boost Compliance

    Corporations are making their compliance programs more proactive amid an ongoing push from the Biden administration for firms to come forward with information as the U.S. Department of Justice prepares to roll out a pilot program to reward whistleblowers who alert prosecutors to significant corporate misconduct.

  • July 26, 2024

    Apple Commits To White House Guidelines For Responsible AI

    Apple Inc. has signed onto the Biden administration's voluntary guidelines for "responsible" artificial intelligence innovation, joining the likes of Amazon.com Inc., Google LLC, Microsoft Corp. and a dozen other leading tech companies, the White House announced Friday.

  • July 26, 2024

    FTX's Ryan Salame Asks To Delay Prison After Dog Attack

    Former FTX executive Ryan Salame on Friday asked a New York federal judge to delay his prison surrender date because he was recently mauled by a German shepherd and must undergo "urgent and necessary medical treatment and surgery."

  • July 26, 2024

    Adobe Exec Called Cancel Fee Trap 'Heroin' For Co., Suit Says

    Adobe Inc. is so aware of the power, and financial benefits, of its allegedly hidden early termination fee for its most lucrative subscription plan that one executive described the fee as "a bit like heroin for Adobe," according to a newly unredacted complaint from the U.S. Department of Justice and the Federal Trade Commission.

  • July 26, 2024

    ESPN, Fox, Hulu Oppose Bid To Block Sports Streaming JV

    Streaming service Fubo has told a New York federal court that ESPN, Fox and Warner Bros. Discovery are teaming up with others to knock down its "sports-first streaming business," but what Fubo calls anticompetitive behavior, the trio of companies on the other side of a lawsuit call fair competition.

  • July 26, 2024

    DC Circ. Axes Agriculture Department's $1M Fine On Amazon

    E-commerce giant Amazon doesn't owe $1 million to the U.S. Department of Agriculture after the D.C. Circuit on Friday undid an order concluding Amazon facilitated unlawful plant and animal product importation, finding that the online retailer didn't knowingly assist the purported infractions.

  • July 26, 2024

    Franklin Says DOJ, SEC Probing Western Asset Management

    Western Asset Management, a global fixed-income manager, is facing parallel investigations from the U.S. Department of Justice and the U.S. Securities and Exchange Commission over some of its past trade allocations, its parent Franklin Resources Inc. said Friday.

  • July 26, 2024

    More Airwaves Needed To Support Drones, FCC Told

    Several utility companies have come together to tell the Federal Communications Commission that they need more room in the 5 gigahertz and 4.9 GHz bands for drone operations, which they say make their employees' jobs safer and easier.

  • July 26, 2024

    Real Estate Recap: CrowdStrike, CFIUS, Financial Services

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including the real estate sector's reaction to the CrowdStrike outage, heightened scrutiny of foreign investment in U.S. properties and a view of evolving financial services regulation from the general counsel of the Conference of State Bank Supervisors.

  • July 26, 2024

    DC Circ. Vacates FERC Oil Pipeline Index Revision

    The D.C. Circuit on Friday vacated a Federal Energy Regulatory Commission order that lowered the five-year index level governing oil pipeline transportation rates, ruling that the agency ran afoul of federal law when it failed to gather public input on the revision.

  • July 26, 2024

    Employment Authority: Tips For Dealing With Politics At Work

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on why employers should be cautious about handling employees' political differences in the workplace, how the labor movement is shifting its support for Vice President Kamala Harris after President Joe Biden drops out of the election and a look at the Third Circuit's decision over the NCAA and wage claims from college athletes.

  • July 26, 2024

    DC Circ. Vacates EPA's Biofuel Exemptions Denial

    The D.C. Circuit on Friday largely sided with dozens of small petroleum refiners challenging the U.S. Environmental Protection Agency's denial of their exemptions to federal renewable fuel blending requirements while keeping its reasoning for doing so under seal.

  • July 26, 2024

    Judge Allows Emotional Damages In Deaf Patient's Bias Suit

    A Michigan federal judge has reversed course in a suit by a deaf woman who alleges she was discriminated against when Henry Ford Health System denied her an interpreter, saying she'd been mistaken in a prior order when she only considered if compensatory emotional distress damages were available under federal law.

  • July 26, 2024

    WWE Founder Slams Accuser's Bid For Drug Treatment Info

    A Connecticut federal judge should lift a six-month stay in a sexual abuse lawsuit against World Wrestling Entertainment Inc. long enough for ex-CEO Vince McMahon to try to block the accuser's parallel case in state court seeking information about mysterious, WWE-funded medical treatment she says she underwent, McMahon is arguing. 

  • July 26, 2024

    RTX Earmarks $1.2B For Anticipated Deals With DOJ, SEC

    RTX Corp., formerly known as Raytheon, said it has set aside more than $1.2 billion for anticipated deferred prosecution agreements and other deals with U.S. regulators stemming from investigations that include allegations of improper payments tied to contracts in the Middle East.

  • July 26, 2024

    Biz Groups Call Corp. Transparency Act Unconstitutional

    The U.S. government has failed to show how the Corporate Transparency Act meets narrow exceptions to the Fourth Amendment's search warrant requirements, a group of small businesses told a Michigan federal court Friday in contending that the statute is unconstitutional.  

  • July 26, 2024

    Assa Abloy Resolves DOJ Merger Monitor Dispute

    Assa Abloy told a D.C. federal judge that it's agreed "in principle" on how a monitoring trustee will review its compliance with a U.S. Department of Justice merger lawsuit settlement, resolving a simmering dispute over its complaints of an open-ended multimillion-dollar investigation.

  • July 26, 2024

    One Prosecutor's Quest To Carve Up Crypto's 'Pig Butchers'

    A Silicon Valley-based prosecutor who's made it her mission to fight what are known as pig butchering cryptocurrency scams says it is time to start taking a closer look at the role financial institutions and social platforms should play in identifying and blocking bad actors.

Expert Analysis

  • Analyzing FDA Draft Guidance On Clinical Trial Diversity

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    In light of the U.S. Food and Drug Administration's draft guidance on clinical trial diversity action plans, there are several important considerations for sponsors and clinical researchers to keep in mind to prevent delay in a drug or device application, say attorneys at Crowell & Moring.

  • Justices' Criminal Law Decisions: The Term In Review

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    Each of the 11 criminal decisions issued in the U.S. Supreme Court’s recently concluded term is independently important, but taken together, they reveal trends in the court’s broader approach to criminal law, presenting both pitfalls and opportunities for defendants and their counsel, says Kenneth Notter at MoloLamken.

  • What's New In The AI Healthcare Regulatory Space

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    Attorneys at Hogan Lovells review the current legal and regulatory landscape for artificial intelligence applications in healthcare, touching on policies around safety, transparency, nondiscrimination and reimbursement, and what to expect in the future.

  • Takeaways From EU's Initial Findings On Apple's App Store

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    A deep dive into the European Commission's recent preliminary findings that Apple's App Store rules are in breach of the Digital Markets Act reveal that enforcement of the EU's Big Tech law might go beyond the literal text of the regulation and more toward the spirit of compliance, say William Dolan and Pratik Agarwal at Rule Garza.

  • Despite Calif. Delays, Climate Disclosure Rules Are Coming

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    Progress continues on state, federal and international climate disclosure regimes, making compliance a key concern for companies — but the timeline for implementation of California's disclosure laws remains unclear due to funding and timing disputes, says David Smith at Manatt Phelps.

  • How To Comply With Chicago's New Paid Leave Ordinance

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    Chicago's new Paid Leave and Paid Sick and Safe Leave Ordinance went into effect earlier this month, so employers subject to the new rules should update leave policies, train supervisors and deliver notice as they seek compliance, say Alison Crane and Sarah Gasperini at Jackson Lewis.

  • Cyber Incident Response Checklist For SEC Compliance

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    In light of recent guidance from the U.S. Securities and Exchange Commission, which clarified the distinction between two types of cybersecurity incident disclosures, companies should align their materiality assessment, incident response and disclosure control processes to bolster compliance and provide a measure of protection, say attorneys at Troutman Pepper.

  • Expect CFPB To Enforce Warning Against 'Coercive' Fine Print

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    The recent Consumer Financial Protection Bureau warning against unenforceable terms "deceptively" slipped into the fine print of contracts will likely be challenged in court, but until then, companies should expect the agency to treat its guidance as law and must carefully scrutinize their consumer contracts, say attorneys at Ballard Spahr.

  • Loss Causation Ruling Departs From Usual Securities Cases

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    A California federal court recently dismissed Ramos v. Comerica, finding that the allegations failed to establish loss causation, but the reasoning is in tension with the pleading-stage approaches generally followed by both courts and economists in securities fraud litigation, say Jesse Jensen and Aasiya Glover at Bernstein Litowitz.

  • PAGA Reforms Encourage Proactive Employer Compliance

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    Recently enacted reforms to California's Private Attorneys General Act should make litigation under the law less burdensome for employers, presenting a valuable opportunity to streamline compliance and reduce litigation risks by proactively addressing many of the issues that have historically attracted PAGA claims, say attorneys at Mintz.

  • Opinion

    Now More Than Ever, Lawyers Must Exhibit Professionalism

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    As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.

  • How Tech Trackers May Implicate HIPAA After Hospital Ruling

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    A recent Texas federal court order in American Hospital Association v. Becerra adds a legal protection on key data, clarifying when tracking technologies implicate the Health Insurance Portability and Accountability Act, so organizations should ensure all technology used is known and accounted for, say John Howard and Myriah Jaworski at Clark Hill.

  • 'Outsourcing' Ruling, 5 Years On: A Warning, Not A Watershed

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    A New York federal court’s 2019 ruling in U.S. v. Connolly, holding that the government improperly outsourced an investigation to Deutsche Bank, has not undercut corporate cooperation incentives as feared — but companies should not completely ignore the lessons of the case, say Temidayo Aganga-Williams and Anna Nabutovsky at Selendy Gay.

  • Series

    Serving In The National Guard Makes Me A Better Lawyer

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    My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.

  • Big Business May Come To Rue The Post-Administrative State

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    Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.

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