Compliance

  • October 21, 2024

    Rule Aims To Give Geothermal Energy Projects A Boost

    The U.S. Department of the Interior said it's pitching a new categorical exclusion that's intended to speed up geothermal resource discovery efforts on public lands, with a proposed rule slated to be published Tuesday.

  • October 21, 2024

    PBMs Keep Door Open To Constitutional Riposte Against FTC

    Attorneys for Caremark Rx, Express Scripts and OptumRx kept the door open Monday to challenging the Federal Trade Commission's constitutionality as they face an in-house case accusing the country's three largest pharmacy benefit managers of artificially inflating insulin prices by relying on unfair rebate schemes.

  • October 21, 2024

    CFPB Funding No Reason To Ax SoLo Suit, Calif. Judge Says

    Another federal judge has refused to dismiss a Consumer Financial Protection Bureau lawsuit on the grounds that the agency lacks valid funding, and has found that the agency has pled plausible deceptive advertising, state violations and other counts against fintech lender SoLo Funds Inc.

  • October 21, 2024

    US, Land Donor Settle Fight Over $1.9M Cut To Deduction

    The federal government settled a suit brought by a Louisiana partnership that accused the IRS of using a flawed appraisal to drive down its tax deduction for a land donation by nearly $1.9 million, according to Louisiana federal court filings.

  • October 21, 2024

    DC Circ. Unsure Right Law Used To Challenge Alaska LNG Project

    Two conservation groups faced a skeptical D.C. Circuit panel on Monday in their challenge to the U.S. Department of Energy's reapproval of a $44 billion liquefied natural gas project in Alaska.

  • October 21, 2024

    Belgium Joins French Courts In Telegram CEO Criminal Probe

    Belgian investigators have joined French law enforcement in the criminal investigation of Pavel Durov, the CEO of encrypted messaging-platform Telegram, who is charged in France with aiding illegal child pornography, fraud and other crimes, the Paris prosecutor's office announced.

  • October 21, 2024

    3M Asks 2nd Circ. To Keep Vermont PFAS Case In Fed Court

    3M Co. is asking the Second Circuit to reverse an order remanding a suit by the state of Vermont over "forever chemical" contamination back to state court, saying that it filed for removal as soon as it learned that the claims involved products from a facility that made products for the military.

  • October 21, 2024

    Truist Bank To Pay $9.1M Over 'Unwise' Trust Administration

    Charlotte-based Truist Bank has agreed to pay the federal government $9.1 million to resolve claims that its predecessor SunTrust Bank ran afoul of the law by approving unwise disbursements for beneficiaries of a lead poisoning settlement, the U.S. Department of Justice announced Monday.

  • October 21, 2024

    Novartis Loses Challenge To Medicare Drug Price Talks

    A New Jersey federal judge on Friday tossed Novartis Pharmaceuticals' challenge to a Medicare drug price negotiation program, ruling the company is not required to participate, and that participating in the program does not violate its First Amendment rights.

  • October 21, 2024

    Ontrak Jury Lacked Key Compliance Instruction, Judge Told

    Counsel for convicted Ontrak founder Terren Peizer urged a California federal judge Monday to grant a new trial in the healthcare executive's novel insider trading case, saying jurors weren't properly instructed that they should acquit if Peizer's $20 million share sale was blessed by a compliance officer.

  • October 21, 2024

    Mike Pence Supports US Steel-Nippon, Calls Critiques 'Bogus'

    Former Vice President Mike Pence has come out in support of Nippon Steel's planned $14.9 billion acquisition of U.S. Steel, stating that Nippon will inject essential funding into the ailing Pennsylvania-based steelmaker while helping to fend off China and Russia's growing levels of global steel production. 

  • October 21, 2024

    Catalent CEO Defends Novo Deal, Will Stay On After Buyout

    Catalent CEO Alessandro Maselli told the medical company's customers Monday that Catalent will continue to support them following its planned $16.5 billion sale to Novo Holdings, seeking to assure clientele after Sen. Elizabeth Warren and advocacy groups pressured the Federal Trade Commission to scrutinize and potentially block the deal.

  • October 21, 2024

    High Court Won't Revisit New-Deal Removal Ruling Yet

    The U.S. Supreme Court declined Monday to review a case challenging presidential removal protections for commissioners of the Consumer Product Safety Commission, passing up the opportunity to revisit a New Deal-era precedent at the center of the modern regulatory system.

  • October 21, 2024

    High Court Will Review Clean Air Act Jurisdiction Cases

    The U.S. Supreme Court on Monday agreed to review Tenth Circuit and Fifth Circuit rulings that reached different conclusions about whether legal challenges to U.S. Environmental Protection Agency air pollution rules belong in the D.C. Circuit.

  • October 18, 2024

    Law360 MVP Awards Go To Top Attys From 74 Firms

    The attorneys chosen as Law360's 2024 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.

  • October 18, 2024

    Fintech Group Challenges CFPB's Buy Now, Pay Later Policy

    The Financial Technology Association on Friday asked a D.C. federal court to strike down the Consumer Financial Protection Bureau's first-ever rule directed at the fintech-dominated market for buy now, pay later loans, claiming that it violates procedural requirements and "misunderstands" relevant law. 

  • October 18, 2024

    Meta Can't Ax Mass. AG Suit Over Hooking Kids On Instagram

    A Massachusetts judge has refused to release Meta Platforms Inc. from the state attorney general's suit alleging the social media giant deployed design features aimed at addicting kids to Instagram, finding Meta wasn't immune from claims based on its own business conduct. 

  • October 18, 2024

    Justices Urged To Undo Ruling Against Horse Racing Law

    The Horseracing Integrity and Safety Authority has pressed the U.S. Supreme Court to vacate a Fifth Circuit ruling against a federal law delegating horse safety regulation to the horse-racing authority, arguing that the law's framework is regularly upheld by other courts, according to a petition.

  • October 18, 2024

    Downstream Lumentum Tippee Settles SEC Claims For $443K

    A New Jersey man will pay nearly $443,000 to end the latest insider trading allegations made by the U.S. Securities and Exchange Commission involving the 2021 acquisition of photonics company NeoPhotonics by optical product maker Lumentum Holdings Inc.

  • October 18, 2024

    How Dickinson Wright Attys Won A Victory Before The SEC

    It took more than four years and possibly an alleged slip-up by the U.S. Securities and Exchange Commission's enforcement staff for Dickinson Wright PLLC attorneys to secure what they said is a first-of-its-kind ruling by the agency when it reversed a trading suspension against a firm client over the objections of the SEC's own staff.

  • October 18, 2024

    Colo. County, Enviros Back DC Ruling In High Court Rail Fight

    Conservation groups and a Colorado county are urging the U.S. Supreme Court to affirm a D.C. Circuit ruling that overturned federal approval of a rail project proposed to haul crude oil out of Utah's Uinta Basin, as justices set arguments for a challenge to that ruling for Dec. 10.

  • October 18, 2024

    Walmart Scores Quick Appeal In FTC's Money Transfer Suit

    An Illinois federal judge refused Friday to reconsider a prior decision trimming the Federal Trade Commission's suit alleging Walmart facilitated fraud through its money transfer services, while allowing Walmart to seek interlocutory review regarding the FTC's litigating authority. 

  • October 18, 2024

    Consultant Ducks Prison For Helping OneCoin Launder $35M

    A New York federal judge declined on Friday to sentence a co-founder of business consultancy and investment firm InterAmerican Group to any time in prison for his role in a scheme to launder about $35 million in proceeds from the multibillion-dollar OneCoin cryptocurrency scam.

  • October 18, 2024

    Consumer Capital One-Discover Suit Paused For Gov't Review

    A Virginia federal judge hit pause Friday on a private cardholder proposed class action challenging Capital One's planned $35 billion acquisition of Discover Financial Services, agreeing with the companies that it's best to let still-pending review by banking regulators play out first.

  • October 18, 2024

    FTC Appeals Noncompete Ban Loss To 5th Circ.

    The Federal Trade Commission gave notice Friday that it would seek Fifth Circuit intervention against a Texas federal judge's decision to block its ban on employment noncompete agreements.

Expert Analysis

  • Crypto Gatekeepers May Be The Next Front Of Enforcement

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    Lawyers and other professionals who advise cryptocurrency companies should beware regulators' increasing focus on gatekeeper accountability, and should take several measures to fulfill their ethical and legal obligations, including implementing a robust vetting mechanism when representing crypto clients, say Temidayo Aganga-Williams and Xinchen Li at Selendy Gay.

  • Implementing Proposed AML Rules May Take More Guidance

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    Two recent rules proposed by financial regulators would modernize requirements for programs aimed at countering money laundering and terrorist financing by centering more robust risk assessments, but financial institutions may need more specific guidance before they could confidently comply, say Meghann Donahue and Nikhil Gore at Covington.

  • Series

    Playing Golf Makes Me A Better Lawyer

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    Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.

  • What To Expect From CFPB And DOT Card Rewards Inquiry

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    Following the Consumer Financial Protection Bureau's announcement of joint efforts with the U.S. Department of Transportation to investigate credit card rewards points, credit card issuers and airlines should keep a close eye on potential regulatory and class action litigation risks stemming from the inquiry, say attorneys at DLA Piper.

  • What FCA Cases May Look Like In The Age Of Generative AI

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    Generative artificial intelligence raises unique considerations both in the context of potentially leading to False Claims Act cases and in the discovery and litigation phases of these lawsuits, says attorney Rachel Rose.

  • Law Firms Should Move From Reactive To Proactive Marketing

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    Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.

  • Remedy May Be Google's Biggest Hurdle Yet In Antitrust Case

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    There are difficulties ahead in the remedies phase of the antitrust case against Google in District of Columbia federal court, including the search engine giant's scale advantage and the fast-moving nature of the tech industry, setting the stage for the most challenging of the proceedings so far, says Jonathan Rubin at MoginRubin.

  • 3 Ways To Limit Risks Of Black-Box AI In Financial Services

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    As regulators increasingly highlight the potential for artificial intelligence to make unfair consumer credit decisions, and require financial institutions to explain how these so-called black-box algorithms arrive at conclusions, companies should consider three key questions to reduce their regulatory risks from these tools, say Jeffrey Naimon and Caroline Stapleton at Orrick.

  • OSHA Workplace Violence Citation Highlights Mitigation Steps

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    The Occupational Safety and Health Administration's recent citation against behavioral health company Circles of Care sheds light on the enforcement risks companies may face for failing to prevent workplace violence, and is a reminder of the concrete steps that can help improve workplace safety, say attorneys at Benesch.

  • Energy And AI: Key Issues And Future Challenges

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    Artificial intelligence promises new technical advantages for the energy industry, but it is also responsible for vast, and growing, energy consumption — so the future of AI and energy will require balancing technological advancement with regulatory oversight, environmental responsibility and infrastructure development, say attorneys at Morgan Lewis.

  • Opinion

    Transpo Board Should Broaden Ex Parte Rules Further

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    The Surface Transportation Board's 2018 ex parte rule reform was an important step in increasing agency engagement with stakeholders — but the board should build on that progress by expanding the windows for communications in informal rulemakings, encouraging more communications with staff, and making other changes, say Matthew Warren and Allison Davis at Sidley.

  • When Banks Unknowingly Become HIPAA Biz Associates

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    There appears to be significant confusion regarding the application of the Health Insurance Portability and Accountability Act to financial institutions when serving healthcare-related clients, so these institutions should consider undertaking several steps as a starting point in the effort to achieve compliance, say attorneys at Vorys.

  • The Regulatory Headwinds Facing Lab-Developed Tests

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    Though the U.S. Food and Drug Administration's final rule regarding regulation of laboratory-developed tests outlines a four-year plan for ending enforcement discretion, and though this rule is currently being challenged in courts, manufacturers should heed compliance opportunities immediately as enforcement actions are already on the horizon, say attorneys at Kirkland & Ellis.

  • 3 High Court Rulings May Shape Health Org. Litigation Tactics

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    Three separate decisions from the U.S. Supreme Court's most recent term — Loper Bright, Corner Post and Jarkesy — will likely strengthen healthcare organizations' ability to affirmatively sue executive agencies to challenge regulations governing operations and enforcement actions, say attorneys at McDermott.

  • Opinion

    The Big Issues A BigLaw Associates' Union Could Address

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    A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.

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