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Compliance
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August 07, 2024
Biden Trampled Free Speech With Israeli Sanctions, Suit Says
A group of dual U.S.-Israeli citizens sued the Biden administration in Texas federal court Tuesday alleging that an executive order authorizing sanctions and visa restrictions for individuals said to undermine peace and stability in the West Bank violates their First Amendment rights.
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August 07, 2024
Conn. Dispensary Fights $500K Fee Over Application Mishap
A Connecticut medical cannabis dispensary is suing a state consumer agency for denying a $500,000 fee waiver as a social equity applicant in a dispute over whether the state properly processed the shop's amended application to also sell recreational pot as a hybrid business, which the state denied.
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August 07, 2024
DC Circ. Declines To Block EPA Mercury Air Toxics Rule
The D.C. Circuit on Tuesday refused to stay the U.S. Environmental Protection Agency's new rule tightening mercury and other toxic metal emission standards for some coal-fired power plants as a legal challenge filed by states and industry groups plays out.
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August 07, 2024
RELX Hit With Proposed Greenwashing Class Action
RELX PLC has been hit with a proposed class action by a former employee alleging the information and analytics company retaliated against him and committed securities fraud by making various business decisions that contradicted its investor disclosures and public-facing statements.
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August 07, 2024
Green Groups Say Export-Import Bank Is Harming Climate
Environmental and animal rights groups on Wednesday asked the U.S. Department of State to order the Export-Import Bank to stop helping fund projects they said are contributing to climate change.
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August 07, 2024
Ex-Pharma Exec Gets 20 Months In SEC Contempt Case
A former pharmaceutical executive who used an alias to flout a 2016 U.S. Securities and Exchange Commission consent judgment barring him from the securities industry was sentenced Wednesday to 20 months in prison by a judge who called him "incorrigible."
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August 07, 2024
WWE Accuser May Be Liable For Defamation, Doctor Says
The woman who accused World Wrestling Entertainment Inc. and former executives including ex-CEO Vince McMahon of sexually trafficking and abusing her may be liable for defaming a celebrity doctor that she targeted with a bid for discovery in Connecticut Superior Court, according to a complaint from Dr. Carlon Colker and his company.
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August 07, 2024
Dems Push For Scrutiny On Fox, ESPN, Warner Bros. JV
Three Democratic lawmakers on Wednesday urged the Federal Communications Commission and U.S. Department of Justice to investigate a proposed joint venture between Fox, Warner Bros. Discovery, and Disney subsidiary ESPN that would create a new streaming service called Venu Sports, arguing the partnership would lead to higher prices and fewer choices for consumers.
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August 07, 2024
Mich. Insurance Agency Pushes Carriers To Safeguard AI Use
The Michigan Department of Insurance and Financial Services urged insurance companies Wednesday to establish a program for the responsible use of artificial intelligence systems to comply with state laws barring unfair practices and discrimination in underwriting.
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August 07, 2024
FTC Asks Courts To Pause $8.5B Handbag Merger
The Federal Trade Commission has asked a New York federal court to pause the planned $8.5 billion merger between the owners of Coach and Michael Kors while the agency conducts an in-house merger challenge.
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August 07, 2024
Ohio AG Cites Search Ruling In Google Common Carrier Suit
Ohio's attorney general pointed a state court judge Wednesday to a recent D.C. federal court decision declaring Google an illegal search monopolist, arguing the U.S. Department of Justice's win underscores why the internet giant should be banned from self-preferential treatment as a "common carrier."
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August 07, 2024
Khan 'Impermissibly Conflicted' In Cyber Probe, MGM Says
MGM Resorts International fought Wednesday to keep alive its lawsuit accusing the Federal Trade Commission of wrongly refusing to recuse chair Lina Khan from an investigation into the company's data security practices, arguing that its case involves core constitutional issues that belong in the D.C. federal court.
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August 07, 2024
Ripple Ordered To Pay $125M Penalty In SEC Case
A New York federal judge ordered Ripple Labs Inc. to pay a $125 million civil penalty on Wednesday in a long-awaited order addressing remedies for the blockchain company's failure to register institutional sales of its XRP token with the U.S. Securities and Exchange Commission.
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August 07, 2024
7th Circ. Keeps 3M PFAS Pollution Suit In State Court
The Seventh Circuit on Wednesday rejected 3M's bid to send back to federal court a lawsuit brought by the state of Illinois alleging that the company polluted local waters with toxic "forever chemicals," saying a federal government contractor defense would be "wholly irrelevant" to the state's case.
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August 07, 2024
Tax Court's Economic Substance Foray May Clarify Limits
A U.S. Tax Court judge plans to address an ill-defined provision governing the relevance of the economic substance doctrine in a microcaptive insurance case, offering the courts another chance to clarify an anti-abuse tool the IRS has been deploying more often.
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August 07, 2024
Dentons Hires Former CFTC Commissioner As Partner In DC
Dentons has hired a former Commodity Futures Trading Commission commissioner, who has joined the firm to continue advising clients on financial market regulatory issues and compliance matters, the firm announced Wednesday.
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August 07, 2024
Morgan Stanley Loses Bid To Arbitrate Background Check Suit
A Boston federal judge ruled Tuesday that Morgan Stanley & Co. LLC can't force arbitration in a proposed class action claiming the bank illegally used protected criminal history information to discriminate against job applicants.
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August 07, 2024
Split 7th Circ. Axes Forced Labor Suit Against Salvation Army
A group of former participants in the Salvation Army's rehabilitation programs didn't show how the work they performed for the organization represented forced labor, a split Seventh Circuit panel ruled, keeping an Illinois federal court's decision tossing their suit.
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August 07, 2024
CFPB Backs Homeowners In Nationstar Mortgage Fee Suit
The Consumer Financial Protection Bureau asked a Washington federal court to allow it to file a brief in support of a proposed class action accusing Nationstar Mortgage of illegally charging fees whenever homeowners request payoff statements for their loans.
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August 07, 2024
FERC Defends Rejection Of Grid Operator's Project Cost Plan
The Federal Energy Regulatory Commission is asking the D.C. Circuit to deny two electricity cooperatives' petitions challenging its decision to reject a Southwest Power Pool plan to regionally allocate the costs of some transmission projects within the grid operator's 14-state footprint.
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August 07, 2024
Pennsylvania Legislation Passed In 2024: A Midyear Report
Despite a divided legislature in Pennsylvania — the parties have been trading a narrow majority in the House of Representatives and Republicans compose most of the state Senate — lawmakers have managed to send dozens of bills to Democratic Gov. Josh Shapiro's desk in the first half of 2024, including tighter controls on a veterinary drug showing up in heroin, changes to business registrations with the state, and adding arbitration to the tools for family courts.
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August 07, 2024
Estée Lauder Finds New GC In Former Kraft Heinz CLO
Estée Lauder said on Wednesday that it has recruited the former top lawyer at the Kraft Heinz Co. to take the helm of its legal department later this month.
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August 06, 2024
Ex-US Atty, Mayor Poised To Face Off In Wash. AG Race
Seattle's former U.S. attorney and an Eastern Washington mayor who's also a gun rights advocate were leading the statewide primary Tuesday night to become the state's next attorney general.
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August 06, 2024
2nd Circ. Says Citi Whistleblower Can't Get Cut Of $400M Fine
The Second Circuit on Tuesday upheld a lower court's dismissal of a Citibank executive's whistleblower lawsuit seeking a piece of a $400 million fine the bank paid, finding that she failed to allege a valid False Claims Act claim and therefore has no right to a portion of financial recovery.
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August 06, 2024
Zelle Fraud Victims Seek Class Cert. In BofA Refunds Suit
Consumers suing Bank of America NA for allegedly stiffing them on reimbursement for Zelle fraud and scam losses asked a California federal judge to grant class action status to their case, seeking certification for several classes of customers with denied refund claims from the past four years.
Expert Analysis
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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A Look At M&A Conditions After FTC's Exxon-Pioneer Nod
The Federal Trade Commission's recent consent decree imposing several conditions on Exxon Mobil's acquisition of Pioneer Natural Resources helps illustrate key points about the current merger enforcement environment, including the probability of further investigations in the energy and pharmaceutical sectors, say Ryan Quillian and John Kendrick at Covington.
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'Food As Health' Serves Up Fresh Legal Considerations
The growth of food as medicine presents a significant opportunity for healthcare organizations and nontraditional healthcare players to improve patient outcomes and reduce costs, though these innovative programs also bring compliance considerations that must be carefully navigated, say attorneys at McDermott.
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Series
In The CFPB Playbook: Regulatory Aims Get High Court Assist
Newly emboldened after the U.S. Supreme Court last month found that the Consumer Financial Protection Bureau's funding is constitutional, the bureau has likely experienced a psychic boost, allowing its already robust enforcement agenda to continue expanding, say attorneys at Husch Blackwell.
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NY Public Campaign Funding May Attract Scrutiny From Feds
The upcoming elections across New York this year will be the first under the state’s public campaign finance program — which may broaden federal prosecutors' purview to target state election fraud and corruption, says Jarrod Schaeffer at Abell Eskew.
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FTC Theories Of Harm After Anesthesia Co. Ruling
As Federal Trade Commission litigation against U.S. Anesthesia Partners proceeds following a Texas federal court's recent decision to dismiss a private equity sponsor from the suit, the case attempts to incorporate and advance some of the commission's theories of competitive harm from the final 2023 Merger Guidelines, say attorneys at Mintz.
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FTC Focus: Exploring The Meaning Of Orange Book Letters
The Federal Trade Commission recently announced an expansion of its campaign to promote competition by targeting pharmaceutical manufacturers' improper Orange Book patent listings, but there is a question of whether and how this helps generic entrants, say Colin Kass and David Munkittrick at Proskauer.
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3 Recent Decisions To Note As Climate Litigation Heats Up
Three recent rulings on climate-related issues — from a New York federal court, a New York state court and an international tribunal, respectively — demonstrate both regulators' concern about climate change and the complexity of conflicting regulations in different jurisdictions, say J. Michael Showalter and Robert Middleton at ArentFox Schiff.
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BF Borgers Clients Should Review Compliance, Liability
After the U.S. Securities and Exchange Commission's recently announced enforcement proceedings against audit firm BF Borgers for fabricating audit documentation for hundreds of public companies, those companies will need to follow special procedures for disclosure and reporting — and may need to prepare for litigation from the plaintiffs bar, say attorneys at Debevoise.
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New TSCA Risk Rule Gives EPA Broad Discretion On Science
The U.S. Environmental Protection Agency's recent final amendments to its framework for evaluating the risks of chemical substances under the Toxic Substances Control Act give it vast discretion over consideration of scientific information, without objective criteria to guide that discretion, say John McGahren and Debra Carfora at Morgan Lewis.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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Fintech Compliance Amid Regulatory Focus On Sensitive Data
The Consumer Financial Protection Bureau's recent, expansive pursuit of financial services companies using sensitive personal information signals a move into the Federal Trade Commission's territory, and the path forward for fintech and financial service providers involves a balance between innovation and compliance, say attorneys at Wilson Sonsini.
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Cos. Must Stay On Alert With Joint Employer Rule In Flux
While employers may breathe a sigh of relief at recent events blocking the National Labor Relations Board's proposed rule that would make it easier for two entities to be deemed joint employers, the rule is not yet dead, say attorneys at Day Pitney.
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4 Arbitration Takeaways From High Court Coinbase Ruling
The U.S. Supreme Court's May 23 decision in Coinbase v. Suski, which provides clarity to parties faced with successive contracts containing conflicting dispute resolution provisions, has four practical impacts for contracting parties to consider, say Charles Schoenwetter and Eric Olson at Bowman and Brooke.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.