Compliance

  • October 24, 2024

    Va. Judge Won't Block Feds' Nonprofit Disclosure Law

    A Virginia federal judge on Oct. 24 refused to stop the U.S. Department of the Treasury from enforcing a law that requires nonprofits such as community associations to disclose personal identifying information about their beneficial owners and applicants to a Treasury agency that focuses on stopping financial crimes.

  • October 24, 2024

    EPA Agrees To Review Nitrogen Oxides Standard By 2028

    The U.S. Environmental Protection Agency said Thursday that it would revisit its national ambient air quality standards for nitrogen oxides by 2028 under a proposed consent decree reached with conservation groups.

  • October 24, 2024

    FCC Won't Hold Off Prison Phone Rate Caps During Suits

    The Federal Communications Commission has turned down three bids for the agency to shelve new prison phone service rate caps during legal appeals of the FCC's rule, saying such lawsuits are unlikely to prevail.

  • October 24, 2024

    DOJ Pushes Justices To Revive Bid-Rigging Conviction

    Federal prosecutors told the U.S. Supreme Court that the Fourth Circuit got it wrong last year when it vacated the bid-rigging conviction of aluminum pipe maker Contech's former executive, arguing Wednesday that agreements between firms can be per se unlawful even when they have a vertical relationship.

  • October 24, 2024

    Broadcasters Doubt Legality Of FCC Blackout Reporting Regs

    TV broadcasters questioned a Federal Communications Commission plan to require cable and satellite companies to report programming "blackouts" caused by carriage disputes to a central database, saying the agency appears to lack legal authority to impose such a requirement.

  • October 24, 2024

    FINRA Fines Broker Over Securities Lending Algorithm Issues

    Interactive Brokers LLC has agreed to a $475,000 fine from the Financial Industry Regulatory Authority to resolve alleged issues with its securities lending algorithm that resulted in the firm returning borrowed shares to customers when it should not have and for allegedly allowing an unregistered person to work on the algorithm's software development.

  • October 24, 2024

    PBMs Want Separate FTC Hearings Over Insulin Prices

    Caremark Rx LLC, Express Scripts Inc. and OptumRx Inc. are calling for separate proceedings in the Federal Trade Commission's case accusing the pharmacy benefit managers of artificially inflating insulin prices through unfair rebate schemes.

  • October 24, 2024

    Nigeria Frees Binance Exec Detained Over Money Laundering

    Nigeria's government released a top executive at cryptocurrency exchange Binance whom the government had been holding liable for money laundering charges against the company, the U.S. government and the exchange's CEO said Thursday.

  • October 24, 2024

    Texas Says ATF 'Flouts' Its Function With Loophole Rule

    A Texas-led group of states has asked an Amarillo federal judge for a pretrial win in its lawsuit challenging a Biden administration rule that would close what's known as the "gun show loophole," writing that the Bureau of Alcohol, Tobacco, Firearms and Explosives "flout[ed] its limited function" by attempting to rewrite federal gun laws.

  • October 24, 2024

    State Farm Agrees To Settle Immigration Bias Row With DOJ

    The U.S. Department of Justice said Thursday that State Farm Mutual Automobile Insurance Co. will pay $30,000 in back pay and penalties to settle claims that one of its Texas corporate offices fired a worker for flagging citizenship discrimination.

  • October 24, 2024

    Dems Urge HHS To Better Protect Wheelchair Users From PE

    A pair of Democratic senators is pressing the U.S. Department of Health and Human Services to do more to protect the approximately 5.5 million wheelchair users in the country from private equity "abuses."

  • October 24, 2024

    EPA Can't Rush Truck Electrification, DC Circ. Hears

    The U.S. Chamber of Commerce and a trucking industry group have thrown their support behind challengers' attempts to upend the U.S. Environmental Protection Agency's greenhouse gas emission standards for heavy-duty vehicles, telling the D.C. Circuit that the agency is trying to accomplish too much too soon.

  • October 24, 2024

    Court Pauses $8.5B Handbag Merger For FTC Challenge

    A New York federal judge on Thursday paused the planned $8.5 billion merger between the owners of Michael Kors and Coach while the Federal Trade Commission challenges the deal over concerns about "accessible luxury" handbags.

  • October 24, 2024

    Biden Issues Guidelines For National Security Uses Of AI

    President Joe Biden issued a memo Thursday on the development and use of artificial intelligence for national security, directing actions such as shoring up the security of computer chip supply chains and ensuring AI is not used to commit human rights violations.

  • October 24, 2024

    Pot Processor Can't Get Reversal Of Ohio License Denial

    An Ohio state appeals court won't let a would-be cannabis processor undo the denial of its bid for a provisional processing license, saying there's no indication that the state regulators abused their discretion in scoring the company low regarding security and contamination risks.

  • October 24, 2024

    Feds Want Leniency For Key Witness At Bankman-Fried Trial

    Prosecutors asked a Manhattan federal judge for leniency when sentencing a former FTX executive who they said provided "substantial" assistance and testimony in the successful prosecution of the bankrupt cryptocurrency exchange's founder Sam Bankman-Fried.

  • October 24, 2024

    Huawei Trade Secrets Trial Pushed Back To 2026

    A Washington federal judge on Thursday approved a request from Huawei and the government to delay a trial until October 2026 in a case alleging the company stole T-Mobile's trade secrets.

  • October 24, 2024

    EPA Finalizes New Standards For Lead Paint Dust

    The U.S. Environmental Protection Agency on Thursday said it's finalizing standards to better protect people from lead paint dust exposure, reducing the level considered hazardous and the levels that can remain after abatement work.

  • October 24, 2024

    Ex-Moody's GC Gets Prison For Tax-Filing Fail On $54M In Pay

    The former general counsel for Moody's Corp. was sentenced Thursday to eight months in prison for willfully failing to file federal income tax returns for four years in which he collected $54 million in income.  

  • October 24, 2024

    Mining Eligible In Final Regs For Energy Manufacturing Credit

    The U.S. Treasury Department's final rules released Thursday on a valuable tax credit for manufacturing key components and materials used in clean energy technologies allow producers to take into account the costs to mine and extract critical minerals.

  • October 24, 2024

    State Dept. Counterterrorism Expert Joins Jenner In DC

    A former U.S. Department of State counterterrorism expert and National Security Council director has left public service for his first-ever role in private practice, joining Jenner & Block LLP's team in Washington, D.C., as special counsel, the firm announced Thursday. 

  • October 23, 2024

    SEC Says Kraken Can't Get Quick Appeal Of Dismissal Denial

    The U.S. Securities and Exchange Commission said cryptocurrency exchange Kraken shouldn't get a quick review of its failed bid to dismiss the regulator's registration suit because the firm's "reinterpretation" of how securities laws apply to digital assets has been broadly rejected by district courts.

  • October 23, 2024

    Common Ownership Dooms Bids For 9 Low-Power Stations

    The Federal Communications Commission said it is not approving nine applications for new low-power FM stations because the entities that applied for them appear to actually all be part of the same organization, which violates the agency's rules on owning multiple stations.

  • October 23, 2024

    EPA's GHG Power Plant Rule Is Achievable, Scientists Say

    A half-dozen prominent scientists and engineers have told the D.C. Circuit that the U.S. Environmental Protection Agency's plan to tap carbon capture and sequestration technology to reduce power plants' greenhouse gas pollution is on point and readily achievable.

  • October 23, 2024

    CFPB's Chopra Touts Open Banking Rule After Industry Rips It

    Consumer Financial Protection Bureau Director Rohit Chopra on Wednesday promoted his agency's new open banking rule to a fintech audience amid stiff opposition from banks, saying "incumbents" can't be allowed to box out the competition that expanded financial data-sharing will enable.

Expert Analysis

  • Pros, Cons Of Disclosing Improper Employee Retention Credit

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    Employers considering the Internal Revenue Service’s second voluntary disclosure program, which allows companies to avoid penalties for erroneously claiming employee retention credits for the 2021 tax year by repaying the credits and naming the tax advisers who encouraged these abusive practices, should carefully weigh the program’s benefits against its potential drawbacks, say attorneys at Winston & Strawn.

  • How Law Firms Can Avoid 'Collaboration Drag'

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    Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.

  • Election Outlook: A Precedent Primer On Content Moderation

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    With the 2024 election season now in full swing, online platforms will face difficult and politically sensitive decisions about content moderation, but U.S. Supreme Court decisions from last term offer much-needed certainty about their rights, say Jonathan Blavin and Helen White at Munger Tolles.

  • Banking Compliance Takeaways From Joint Agency Statement

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    Federal bank regulatory agencies’ recent joint statement warning of risks associated with third-party fintech deposit services spotlights a fundamental problem that may arise with bank deposit products that are made through increasingly complex customer relationships, says Tom Witherspoon at Stinson.

  • Workday AI Bias Suit Suggests Hiring Lessons For Employers

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    As state laws and a federal agency increasingly focus on employment bias introduced by artificial intelligence systems, a California federal court's recent decision to allow a discrimination suit to proceed against Workday's AI-driven recruitment software, shows companies should promptly assess these tools' risks, say attorneys at Williams & Connolly.

  • 6 Considerations To Determine If A Cyber Incident Is Material

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    The U.S. Securities and Exchange Commission's recent guidance on material cybersecurity incidents covers a range of ransomware scenarios, from a company paying a sum and regaining operations to recovering payment via cyberinsurance, but makes it clear that no single factor determines whether a cybersecurity incident is material, say attorneys at Troutman Pepper.

  • Opinion

    Proposed Law Would Harm NYC Hospitality Industry

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    A recently proposed New York City Law that would update hotel licensing and staff coverage requirements could give the city commissioner and unions undue control over the city's hospitality industry, and harm smaller hotels that cannot afford full-time employees, says Stuart Saft at Holland & Knight.

  • Opinion

    Litigation Funding Disclosure Key To Open, Impartial Process

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    Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.

  • Regulators Are Revamping Use Of Bank Service Company Act

    Excerpt from Practical Guidance
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    Though the Bank Service Company Act was written six decades ago, banks and service providers should be alert to the evolving ways financial regulators are using the law as a tool for scrutinizing bank-fintech partnerships and third-party service providers that could put consumers at risk, say James Bergin and Paul Lim at Arnold & Porter.

  • Playing The Odds: Tackling Athlete Gambling Investigations

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    The rapid rise of sports gambling presents new and unique challenges, so it's important for attorneys to be able to navigate a dynamic web of complex, high-stakes relationships between athletes, the betting public, athletic organizations, sportsbooks and law enforcement — all while under intense public scrutiny, say attorneys at Steptoe.

  • Series

    After Chevron: What To Expect In Consumer Protection At FTC

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    Although the Federal Trade Commission's bread-and-butter consumer protection law enforcement actions are unlikely to be affected, the Loper Bright decision may curb the FTC's bolder interpretations of the statutes it enforces, says Mary Engle at BBB National Programs.

  • The Ethics of Using Generative AI In Environmental Law

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    The rapid emergence of generative artificial intelligence tools is challenging environmental lawyers, consultants and government agencies to determine when and how these tools can be responsibly, ethically and productively integrated into their practices to streamline research, predictive analytics and regulatory compliance, say Ahlia Bethea and Pamela Esterman at Sive Paget.

  • Managing Credit Card Rewards Programs Amid Scrutiny

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    Renewed New York and federal interest in consumer protection issues associated with credit card rewards programs presages future regulatory enforcement and attention from plaintiffs attorneys, so issuers should focus on certain categories of consumer complaints and some compliance ambiguities, say Rich Zukowsky and Ella Beres at Davis Wright.

  • Carbon Offset Case A Win For CFTC Enviro Fraud Task Force

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    An Illinois federal court's decision in Commodity Futures Trading Commission v. Ikkurty — earning the CFTC a sizeable monetary award that will likely incentivize similar enforcement pursuit — shows the impact of the commission's Environmental Fraud Task Force, say attorneys at Steptoe.

  • RealPage Suit Shows Growing Algorithm, AI Pricing Scrutiny

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    The U.S. Department of Justice's suit against RealPage for helping fix rental rates, filed last week, demonstrates how the use of algorithmic and artificial intelligence tools to assist with pricing decisions is drawing increasing scrutiny and action across government agencies, and specifically at the Federal Trade Commission and the DOJ, say Andre Geverola and Leah Harrell at Arnold & Porter.

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