Compliance

  • November 04, 2024

    High Court Questions If False Claims Act Covers FCC's E-Rate

    Multiple justices seemed unconvinced Monday that the federal government plays such a limited role in requiring companies to pay fees for supporting telecom subsidies in schools that it can't seek to recover excess payouts from the fund under the False Claims Act.

  • November 04, 2024

    Crypto Industry Hopes Election Will Bring SEC Shake-Up

    The White House is poised to take a fresh approach to the digital asset industry regardless of who wins the presidency, but experts said the crypto industry's hopes for more rules and fewer enforcement cases ultimately depend on a new head of the U.S. Securities and Exchange Commission and a renewed push from Congress to pass crypto legislation.

  • November 04, 2024

    Patent Co. Looks To Combine Antitrust Case With Consumers

    Patent-holding company VoIP-Pal.com is asking a D.C. federal judge to consolidate, at least for pre-trial purposes, its own Wi-Fi calling antitrust suit against Verizon, AT&T and T-Mobile with a proposed class action it launched making many of the same claims.

  • November 04, 2024

    Relators Want Denial Of Fluor FCA Legality Argument To Stick

    Four relators have urged a South Carolina federal judge not to reconsider his effective denial of Fluor Corp.'s bid to toss their allegedly unconstitutional False Claims Act suit accusing the company of overcharging the military, saying there was no legal error. 

  • November 04, 2024

    Coinme Crypto ATMs Suspended By Conn. Banking Chief

    Connecticut's banking commissioner has suspended cryptocurrency ATM company Coinme Inc.'s ability to transfer money in the Constitution State and has hinted toward possible fines, citing violations of know-your-consumer laws, complaints of scams, a negative multistate investigation and failures to meet minimum capitalization laws.

  • November 04, 2024

    Class Cert. Sought In Ga. Man's 'Forever Chemicals' Suit

    A Georgia man who lives near a Mount Vernon Mills textile plant asked a federal judge on Friday to certify two classes of neighbors who want to hold the manufacturers of so-called "forever chemicals" responsible for the alleged pollution of city drinking water.

  • November 04, 2024

    McKesson Inks $450K DOL Deal Following Hiring Bias Probe

    The U.S. Department of Labor announced Monday that McKesson Medical-Surgical Inc. has agreed to pay nearly $450,000 to resolve the agency's claims that it gave hiring preferences to Asian job applicants over Black, Hispanic and white job hopefuls.

  • November 04, 2024

    US Must Pay Legal Fees To Challenger Of IRS Guidance

    A Michigan federal judge ordered the U.S. to pay roughly $220,000 in attorney fees to a construction company that won its challenge to Internal Revenue Service penalties and overturned underlying agency guidance, rejecting a magistrate judge's recommendation that the company foot its own bill.

  • November 04, 2024

    Religious Groups Want 5th Circ. To Toss FCC Diversity Form

    Religious broadcasters are asking the Fifth Circuit to step in and stop the Federal Communications Commission from making them turn in diversity data, a recently reinstated policy that they say tramples on their First Amendment rights and pressures them to "engage in race- and sex-conscious employment decisions."

  • November 04, 2024

    Justices Won't Hear UBS Suit Over Disclosed Account Info

    The U.S. Supreme Court declined Monday to hear a couple's suit accusing UBS of fraudulently flagging an account to the Internal Revenue Service in violation of civil provisions under the Racketeer Influenced and Corrupt Organizations Act.

  • November 04, 2024

    Justices Say Gov't Can Join Oral Arguments In $47M TM Case

    The U.S. Supreme Court said Monday it will allow Solicitor General Elizabeth Prelogar to participate in oral arguments in a case where the justices will consider whether a real estate development company's corporate affiliates should be responsible for a $46.6 million trademark infringement judgment, even though they were not defendants.

  • November 04, 2024

    Federal Trade Commission Atty Returns To Katten In DC

    An attorney who spent more than a decade at the Federal Trade Commission has returned to private practice at Katten Muchin Rosenman LLP, where he began his legal career, boosting the firm's offerings for clients as they navigate increased antitrust scrutiny and enforcement. 

  • November 04, 2024

    Haynes Boone Hires 3 More RE Attys From Holland & Knight

    Haynes and Boone LLP has hired a trio of attorneys from Holland & Knight LLP in Dallas and Northern Virginia, saying Monday that their additions will complement the firm's real estate and finance offerings.

  • November 04, 2024

    Womble Bond Hires Nelson Mullins Corporate Partner

    Womble Bond Dickinson has hired a former Nelson Mullins Riley & Scarborough LLP corporate attorney, who is joining the firm's Baltimore team to continue his work on the purchase and sale side of merger and acquisitions deals, the firm announced.

  • November 04, 2024

    Feds Slam Ozy Media CEO's 'Last-Ditch' Effort To DQ Judge

    Prosecutors have pushed back against Ozy Media CEO Carlos Watson's "last-ditch effort" to get his fraud and identity theft convictions undone, insisting that investments owned by the New York federal judge overseeing his case are in hedge funds and not in Watson's victims, and are too small to matter.

  • November 04, 2024

    Texas Rips Feds' 5th Circ. Bid To Revive Highway GHG Rule

    Texas is telling the Fifth Circuit there's no reason to disturb a district court's decision to vacate a Federal Highway Administration rule that called on states to set targets to reduce greenhouse gas emissions from federally funded highway projects.

  • November 04, 2024

    NFL Stakes Out Appeal Rights In Sunday Ticket Antitrust Fight

    While the NFL was able to overturn a $4.7 billion antitrust jury verdict against its Sunday Ticket broadcasting package, the league is nevertheless staking out an appeal at the Ninth Circuit in case the fight is turned on its head again.

  • November 04, 2024

    US IPO Activity Hits Standstill As Election Takes Center Stage

    U.S. initial public offerings have screeched to a halt amid peak election season, and dealmakers expect new listings to largely remain iced until next year as market participants sort out ramifications of Tuesday's presidential and congressional contests.

  • November 01, 2024

    Lack Of Alcohol License Frees Co. From 'Surfside' TM Suit

    A D.C. federal judge has freed an Illinois food and beverage holdings company from a Mexican restaurant operator's trademark infringement lawsuit accusing it of distributing canned vodka beverages donning the restaurant's "Surfside" mark, saying the holdings company didn't even have a license to sell alcohol.

  • November 01, 2024

    'Mutant Ape' NFT Developer Avoids Prison For 'Rug Pull'

    A 26-year-old French citizen was spared further incarceration on Friday for a $2.9 million scheme to fraudulently market "Mutant Ape Planet" nonfungible tokens to investors, a sentence in large part driven by the uncertainty over the purchasers' loss.

  • November 01, 2024

    Delta Rips 'Transparent' CrowdStrike Bid To Duck Liability

    Delta Air Lines on Friday pressed a Georgia federal court to throw out CrowdStrike's declaratory judgment action against it, arguing that it's merely a "transparent attempt" to avoid the airline's own state court suit blaming the cybersecurity firm for the July outage that crashed millions of computers worldwide.

  • November 01, 2024

    Meet The Attys Arguing Meta's High Court Disclosure Suit

    Both Meta Platforms and its investors are calling in the big guns as two U.S. Supreme Court veterans are set to go head-to-head Wednesday in a case that could limit the types of information corporations are required to disclose to shareholders.

  • November 01, 2024

    EBay Must Face Punitive Damages For Some Stalking Claims

    A Massachusetts federal judge held Friday that a pair of bloggers can pursue punitive damages from eBay Inc. on some of their civil claims over an "extraordinary and troubling" harassment campaign orchestrated by the e-commerce giant's security staffers.

  • November 01, 2024

    USCIS Moves To Toss Regional Centers' EB-5 Guidance Fight

    U.S. Citizenship and Immigration Services has urged a D.C. federal judge to toss a lawsuit alleging that it unlawfully changed the minimum investment period for foreign investors seeking green cards, saying it did not create a legislative rule but merely interpreted one.

  • November 01, 2024

    Boeing Supplier Should Win Texas Probe Suit, Judge Says

    A magistrate judge on Friday recommended a Texas federal judge grant Spirit AeroSystems Inc.'s bid to permanently enjoin a Texas statute requiring businesses to immediately comply with the state's demand to examine business records, saying the statute is unconstitutional.

Expert Analysis

  • Useful Product Doctrine May Not Shield Against PFAS Liability

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    Courts have recognized that companies transferring hazardous recycled materials can defeat liability under environmental laws by showing they were selling a useful product — but new laws in California and elsewhere restricting the sale of per- and polyfluoroalkyl substances may change the legal landscape, says Kyle Girouard at Dickinson Wright.

  • The OIG Report: Bad Timing For FEC To Be Underresourced

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    With less than two weeks to the election, the Federal Election Commission’s job has never been more urgent, but a report from its Office of the Inspector General earlier this year found that the agency is facing a resource squeeze that will only get worse without corrective action, says Diana Shaw at Wiley.

  • Tobacco Surcharge Suits Spotlight Wellness Reg Compliance

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    A mounting wave of tobacco-user surcharge litigation against employee benefit plans highlights compliance challenges associated with the Health Insurance Portability and Accountability Act wellness regulations, and reminds plan sponsors to ask existential questions about the utility of their wellness programs, say Finn Pressly and Lesley Wolf at Ballard Spahr.

  • 6 Tips For Cos. Facing Service Provider Cyber Incidents

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    When a third-party service provider experiences a cybersecurity incident, businesses may wonder if their information is compromised and if their systems are safe, but there are certain steps that can help businesses prepare for and respond to targeted attacks on vendors, say attorneys at Troutman Pepper.

  • SEC Fine Shows Risks Of Nonpublic Info In X, LinkedIn Posts

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    The U.S. Securities and Exchange Commission recently announced a settlement with DraftKings over charges arising from posting material nonpublic information on the CEO's social media accounts, highlighting that information posted to company websites and social media sites does not automatically qualify as "publicly disclosed" for purposes of Regulation FD, say attorneys at O'Melveny.

  • What To Know About New Employment Laws In Fla.

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    Florida employers should familiarize themselves with recent state laws, and also federal legislation, on retirement benefits, teen labor and heat exposure, with special attention to prohibitions against minors performing dangerous tasks, as outlined in the Fair Labor Standards Act, say Katie Molloy and Cayla Page at Greenberg Traurig.

  • Anticipating Jarkesy's Effect On Bank Agency Enforcement

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    Following the U.S. Supreme Court’s decision in U.S. Securities and Exchange Commission v. Jarkesy, federal courts may eventually issue decisions on banking law principles and processes that could fundamentally alter the agencies' enforcement action framework, and the relationship between banks and examiners, says Brendan Clegg at Luse Gorman.

  • CFTC Anti-Fraud Blitz Is A Warning To Carbon Credit Sellers

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    With its recent enforcement actions against a carbon offset project developer and its senior executives for reporting false information about the energy savings of the company's projects, the Commodity Futures Trading Commission is staking out its position as a primary regulator in the voluntary carbon credit market, say attorneys at Morgan Lewis.

  • Unpacking State AG Approaches To Digital Asset Enforcement

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    Attorneys at Cozen O'Connor survey recent digital asset enforcement by attorneys general nationwide driven by concerns over regulatory gaps where technological developments and market changes have outpaced legislation.

  • 3 Takeaways From Navy Shipbuilder's Fraud Guilty Plea

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    Austal USA’s recent plea agreement over accounting fraud charges highlights for other companies the benefits of cooperating with government investigations, the challenges posed by senior executives’ involvement in misconduct, and the high stakes for defense contractors, say Michael DeBernardis and Shayda Vance at Hughes Hubbard.

  • Opinion

    Legal Institutions Must Warn Against Phony Election Suits

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    With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.

  • Peeling Back The Layers Of SEC's Equity Trading Reforms

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    The U.S. Securities and Exchange Commission's recently adopted amendments lowering the tick sizes for stock trading and reducing access fee caps will benefit investors and necessitate broad systems changes — if they can first survive judicial challenges, say attorneys at Sidley.

  • How Cos. Can Build A Strong In-House Pro Bono Program

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    During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.

  • Insights On NLRB General Counsel's New 'Stay-Or-Pay' Memo

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    Attorneys at Davis Wright discuss the National Labor Relations Board general counsel's new memorandum on employer “stay-or-pay” policies and noncompete agreements, and explain key takeaways concerning the proposed financial remedies, prosecution framework and more.

  • Bristol-Myers Win Offers Lessons For Debt Security Holders

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    A New York federal judge's recent dismissal of a $6.4 billion lawsuit against Bristol-Myers Squibb, due to plaintiff UMB Bank's lack of standing, serves as an important reminder to debt security holders to obtain depositary proxies before pursuing litigation, say attorneys at Milbank.

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