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Compliance
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October 22, 2024
Ex-Google GC Must Be Investigated By Calif. Bar, Groups Say
A trio of groups led by the American Economic Liberties Project on Tuesday pressed the State Bar of California to investigate former Google general counsel Kent Walker for "coaching" the company to "engage in widespread and illegal destruction of records relevant to multiple ongoing federal trials."
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October 22, 2024
Walmart Pays $7.5M To End Hazardous Waste Disposal Suit
Walmart Inc. has agreed to pay $7.5 million to settle a lawsuit brought by the state of California and district attorneys of several counties who alleged the retail giant improperly disposed of hazardous and medical wastes from its locations to municipal landfills, Attorney General Rob Bonta announced on Tuesday.
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October 22, 2024
Supervisor Could've Prevented Electrician's Death, Widow Says
The widow of a man who was electrocuted told a Texas appeals court during oral arguments Tuesday that it wouldn't matter if there was a supervisor looking over the deceased man's shoulder, claiming the question never came up because there wasn't a qualified supervisor on site.
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October 22, 2024
Calif. Official Cops To Taking Bribes For $10M In Contracts
A member of the Orange County Board of Supervisors has admitted to steering $10 million worth of COVID-19 relief funds to a charity affiliated with his daughter in exchange for more than $500,000 in bribes, California federal prosecutors announced Tuesday.
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October 22, 2024
Ga. Tech Says No Basis For Feds' Cybersecurity FCA Suit
The Georgia Institute of Technology has urged a Georgia federal judge to toss a False Claims Act suit accusing the university of knowingly failing to comply with U.S. Department of Defense cybersecurity standards, saying those rules didn't apply to its research contracts.
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October 22, 2024
Ohio Pension Funds Say Boeing Puts Profits Over Safety
Two Ohio pension funds joined a Virginia federal lawsuit accusing Boeing executives and board members of putting profits over safety and regulatory compliance, causing a series of catastrophes and losing millions of dollars for investors, the Ohio Attorney General's Office said Tuesday.
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October 22, 2024
Crypto Bills Have Lame Duck Potential, Rep. Hill Says
The chair of the U.S. House's digital asset subcommittee said Tuesday he is "still optimistic" a market structure bill for crypto and a framework for so-called stablecoins might move forward in some way during the upcoming lame duck session of Congress.
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October 22, 2024
FTC On Cusp Of H&R Block False Ad Settlement
The Federal Trade Commission has come to an agreement with H&R Block to settle claims of deceptive advertising and has withdrawn its complaint in order for the full commission to vote on the deal.
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October 22, 2024
Feds Granted More Time For New Gulf Drilling Review
A Maryland federal judge has agreed to delay the date by which she will vacate a National Marine Fisheries Service review of the effects of oil and gas drilling in the Gulf of Mexico after the agency explained that it would not be able to complete a new review by the original Dec. 20 deadline.
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October 22, 2024
Organic Food Group Asks 9th Circ. To Upend GMO Label Rule
An organic food industry advocacy group urged the Ninth Circuit on Tuesday to reverse a district judge decision that largely left a Trump-era organic food labeling rule intact, saying the U.S. Department of Agriculture's implementation of a nationwide labeling law for genetically modified foods has been "arbitrary and capricious."
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October 22, 2024
Alaska Flyers Lose Bid to Revive Merger Suit
The Hawaii federal judge who put the kibosh on a suit that sought to stop Alaska Airlines' $1.9 billion merger with Hawaiian Airlines declined to reconsider his finding that the passengers and travel agents bringing the antitrust claims didn't have standing to sue.
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October 22, 2024
UFC Parent Can't Escape Remaining Wages Suit, Fighters Say
The fighters in a wage dispute against UFC that remains unsettled told a Nevada federal court that it is too early for the MMA organization's parent company, Endeavor Group, to exit the ongoing class action without proper discovery.
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October 22, 2024
SEC Fines 4 Cos. Over SolarWinds Breach Disclosures
The U.S. Securities and Exchange Commission on Tuesday announced penalties totaling nearly $7 million against four tech companies it accused of downplaying the impact of cybersecurity breaches tied to foreign state actors that infiltrated software sold by SolarWinds Corp.
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October 22, 2024
Meta Escapes Child Protection Investor Suit For Good
A California federal judge on Tuesday threw out a lawsuit alleging Meta Platforms misled investors about its efforts to protect children from sexual predators, holding that the social media giant's so-called "half-truths" are not actionable under securities laws.
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October 22, 2024
Halkbank Not Immune In Sanctions Case, 2nd Circ. Says
The Second Circuit ruled Tuesday that Turkish state-owned bank Halkbank doesn't have common-law foreign sovereign immunity from charges that it laundered about $1 billion in sanctioned Iranian oil proceeds if the U.S. government's executive branch says it doesn't.
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October 22, 2024
DOJ Wants Google's AI Search Docs, Apple Entry Thoughts
An expansive look into Google's artificial intelligence pipeline and the prospects of Apple entering into the search market are top of mind for the Justice Department as it pursues remedies meant to address the online giant's illegal monopolization of search, according to a D.C. federal court filing Monday.
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October 22, 2024
Starbucks Shareholder Sues Execs Over $890M Buyback
A Starbucks Corp. shareholder on Monday accused the coffee giant's former CEO and current and former company directors — including Microsoft CEO Satya Nadella — of misleading investors about future growth and revenues, resulting in a stock buyback program that was allegedly inflated by more than $227 million.
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October 22, 2024
Stigma Of Disability In Legal Industry Is 'Very Real,' Panel Says
People with disabilities still face challenges when pursuing a legal career, but law firms, law schools, bar associations and corporate legal departments can take steps to help advance disability equality, according to panelists speaking Tuesday for National Disability Employment Awareness Month.
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October 22, 2024
Talkiatry CEO On How Digital Healthcare Has 'Matured'
Digital health has come a long way in recent years, but it's still got plenty of growing up to do. That's according to Robert Krayn, co-founder and CEO of virtual psychiatry platform Talkiatry.
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October 22, 2024
Baker Donelson Picks Up Carlton Fields Health Ace In Florida
Baker Donelson Bearman Caldwell & Berkowitz PC announced Tuesday that it had brought a former Carlton Fields PA healthcare attorney to its practice in Fort Lauderdale, Florida, enabling the firm to deepen its health law bench with a lawyer who has private practice and in-house experience.
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October 22, 2024
Wafer Factories Qualify For CHIPS Tax Credit In Final Regs
Semiconductor wafer production facilities will qualify for the 25% investment tax credit that incentivizes advanced chip manufacturing development projects under final regulations the U.S. Department of the Treasury released Tuesday.
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October 22, 2024
SunTrust Argues Overdraft Fees Didn't Violate Ga. Usury Law
SunTrust Bank urged the Georgia Court of Appeals on Tuesday to overturn a trial court's denial of summary judgment in a decade-long class action alleging the bank's overdraft fees were unlawful interest charges that violated the state's usury laws, arguing courts overwhelmingly agree that the fees are not interest.
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October 22, 2024
3 Energy Attys Join Greenberg Traurig From Brownstein Hyatt
Three energy attorneys from Brownstein Hyatt Farber Schreck LLP have moved to Greenberg Traurig LLP as shareholders in Denver, the firm announced Tuesday, as it builds out the practice in response to clients seeking new development opportunities.
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October 22, 2024
Madigan Ally's Favors Were '100% Legal,' Not Bribes, Jury Told
Counsel for an ex-lobbyist standing trial on public corruption charges alongside former Illinois House Speaker Michael Madigan told an Illinois federal jury Tuesday that the government is treating legal lobbying activity as bribery, and that his client did "100% legal favors" for Madigan to establish trust and maintain access to the powerful politician.
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October 22, 2024
Hagens Berman Tells Amazon, Apple: Sure, Sanction Client
Hagens Berman Sobol Shapiro LLP is fine with a Washington federal court sanctioning the firm's client — formerly the lead plaintiff — in a putative antitrust class action against Apple and Amazon, saying it shares their goal of compelling document production after the plaintiff ghosted his attorneys.
Expert Analysis
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Assessing Whether Jarkesy May Limit FINRA Prosecutions
The U.S. Supreme Court’s recent decision in Jarkesy v. U.S. Securities and Exchange Commission, holding that civil securities fraud defendants are entitled to jury trials, may cause unpredictable results when applied to Financial Industry Regulatory Authority prosecutions, say Barry Temkin and Kate DiGeronimo at Mound Cotton.
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The Bank Preemption Ripple Effects After Cantero, Flagstar
The importance of federal preemption for financial institutions will only increase as technology-driven innovations evolve, which is why the U.S. Supreme Court's recent decision in Cantero v. Bank of America and vacatur of Kivett v. Flagstar Bank have real modern-day significance for national banks, say attorneys at WilmerHale.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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What Cos. Need to Know About Battery Labeling Law
With new labeling requirements for button cell battery packaging taking effect in September, manufacturers and importers must review compliance, testing procedures, and necessary paperwork as the consequences of noncompliance can lead to costly penalties and supply chain woes, says Aasheesh Shravah at CM Law.
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What Drug Cos. Must Know About NY Price Transparency Law
Drug manufacturers must understand the contours of New York's recently implemented law requiring self-reporting of drug price increases, as well as best practices for compliance and challenges against similar laws in other states, say Elizabeth Bierut and Angie Garcia at Friedman Kaplan.
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Amid SEC Rule Limbo, US Cos. Subject To ESG Regs In EU
Though the U.S. Securities and Exchange Commission is facing legal challenges to its climate-disclosure rulemaking, the implementation of the Corporate Sustainability Reporting Directive in the European Union will force U.S. companies to comply with exactly the kinds of ESG disclosures that are not yet mandated in the U.S., say attorneys at Squire Patton.
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Pros, Cons Of Disclosing Improper Employee Retention Credit
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.
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How Law Firms Can Avoid 'Collaboration Drag'
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.
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Election Outlook: A Precedent Primer On Content Moderation
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.
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Banking Compliance Takeaways From Joint Agency Statement
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.
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Workday AI Bias Suit Suggests Hiring Lessons For Employers
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.
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6 Considerations To Determine If A Cyber Incident Is Material
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.
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Opinion
Proposed Law Would Harm NYC Hospitality Industry
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.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
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.
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Regulators Are Revamping Use Of Bank Service Company Act
Excerpt from Practical Guidance
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.