Compliance

  • October 17, 2024

    FTC Admits Federal Court Merger Fights Are Usually Decisive

    Federal Trade Commission complaint counsel has admitted a reality that the agency has long resisted: While federal court preliminary injunction fights are ostensibly meant only to pause a merger while a merits case plays out through an in-house court, the federal court case usually decides the transaction's fate.

  • October 17, 2024

    FCC OKs New Rules Mandating Georouting For 988 Calls

    Calls that come into the 988 suicide and crisis hotline will now be routed to centers based on where the call is coming from, following the Federal Communications Commission's decision to adopt rules requiring georouting on Thursday.

  • October 17, 2024

    DHL Supply Chain Hit With Disability Bias Suit

    Logistics giant DHL Supply Chain was hit with a disability discrimination lawsuit Wednesday from a worker who says she was forced out of her job after DHL demanded she see a company physician to verify her debilitating medical condition.

  • October 17, 2024

    Ex-Worker Says She Was Fired For Threatening EEOC Charge

    A logistics company was sued Wednesday in federal court by a former Georgia employee who alleges she was sexually harassed and mistreated by "aggressive and threatening" male co-workers and then fired after warning the company she would file a complaint with the U.S. Equal Employment Opportunity Commission if things didn't improve.

  • October 17, 2024

    EPA Settles With Car, Parts Cos. Over Clean Air Act Violations

    The U.S. Environmental Protection Agency announced that it has finalized settlements with Shyft Group Inc. and Double R Diesel to resolve enforcement actions alleging they violated the Clean Air Act, with Shyft agreeing to pay a $2 million penalty.

  • October 17, 2024

    FTX Insider Cites 'Limited' Fraud Role In Bid To Avoid Prison

    The former head of engineering at FTX asked a Manhattan federal judge to spare him prison time in light of his cooperation with prosecutors and what he said was a relatively "limited" role in the crypto exchange's billion-dollar fraud.

  • October 17, 2024

    States, Industry Urge DC Circ. To Scrap Truck GHG Rule

    Dozens of states and industry groups are imploring the D.C. Circuit to pull the plug on a U.S. Environmental Protection Agency rule setting greenhouse gas emission standards for heavy-duty vehicles, arguing it mandates a transition to electric vehicles that the agency has no authority to push.

  • October 17, 2024

    Pa. AG Can't Get State Claims Restored In FTC Amazon Suit

    A federal judge tersely denied a request from Pennsylvania's attorney general, who had sought to reinstate her state's consumer protection claims against Amazon in the Federal Trade Commission's antitrust suit.

  • October 16, 2024

    TD Bank's $3B AML Deal Sparks Scrutiny Of Its Oversight

    The long-standing, widespread compliance failures at the root of TD Bank's blockbuster $3 billion U.S. anti-money laundering settlement last week have stunned experts and brought tough punishment for the Canadian bank — but they're also raising questions about why regulators didn't act sooner.

  • October 16, 2024

    NY's Financial Regulator Releases AI Cybersecurity Guidance

    New York's Department of Financial Services issued new guidance Wednesday intended to give state-regulated financial institutions an outline for protecting against cybersecurity risks posed by artificial intelligence.

  • October 16, 2024

    Colo. Says Tribes' Sports Betting Concerns Too 'Theoretical'

    Colorado Gov. Jared Polis has urged a federal judge to toss a lawsuit brought by two Native American tribes alleging the state can't regulate their online sports betting activities, arguing the tribes' concerns are "purely theoretical" because they currently don't have betting enterprises.

  • October 16, 2024

    Conn. Nurses Sue To Block Forced Post-Contract Overtime

    A union representing nurses at a Hartford HealthCare-affiliated hospital in Norwich, Connecticut, has asked a state superior court judge to block mandatory overtime assignments, arguing that a 2020 union contract requiring such shifts expired over the summer and that a 2023 state statute bans the hospital's continuing practices.

  • October 16, 2024

    Feds Deny That West Bank Sanctions Hamper Free Speech

    The Biden administration rebuffed claims by a group of U.S. and Israeli citizens that a sanctions program covering extremist actors in the Israeli-occupied West Bank restricts their free speech rights, saying that merely opposing U.S. foreign policy goals isn't a sanctionable offense.

  • October 16, 2024

    Direct Buyers Get Final OK For $44M Drug Price-Fixing Deal

    A Pennsylvania federal court has granted final approval to $44.4 million in settlements between drugmakers Apotex, Breckenridge and Heritage and direct purchasers in a multidistrict litigation over alleged price-fixing in the generic-drug industry.

  • October 16, 2024

    Utah Groups Can't Scrap Corporate Transparency, US Says

    A Utah federal court hasn't seen sufficient evidence to block the Corporate Transparency Act's disclosure requirements in presentations by an off-the-grid community, an online meat market and a trade group for cattle producers that have sued over the statute, the federal government said.

  • October 16, 2024

    FTC Says Customers Must Be Able To 'Click To Cancel'

    Companies will now be required to allow customers to ditch their subscriptions with a single click after the Federal Trade Commission finalized its new "click to cancel" rule, which has been years in the making.

  • October 16, 2024

    Justices Question EPA's Authority For 'Vague' SF Water Permit

    The U.S. Supreme Court during oral arguments on Wednesday appeared genuinely torn about what to make of San Francisco's challenge to a Clean Water Act permit issued by the U.S. Environmental Protection Agency, which the city argues is impermissibly vague and difficult to comply with.

  • October 16, 2024

    NYSE Seeks To Curb Reverse Splits In Latest Crackdown

    The New York Stock Exchange wants to limit companies' ability to rely on reverse stock splits to raise their share prices and avoid delisting, submitting a proposal shortly after regulators approved a Nasdaq plan to rein in such splits.

  • October 16, 2024

    Caremark, Optum Say FTC Insulin Case Gets PBMs All Wrong

    Caremark Rx, Express Scripts and OptumRx continue to attack the Federal Trade Commission's in-house case accusing the country's three largest pharmacy benefit managers of artificially inflating insulin prices by relying on unfair rebate schemes, arguing the agency's case lacks authority, facts and the right targets.

  • October 16, 2024

    Houston Pharma Exec Found Guilty In $160M Health Fraud

    A Houston man was convicted on 15 criminal charges in connection with orchestrating a massive healthcare scheme that defrauded the government out of $160 million, following a 10-day trial in which prosecutors said doctors were "bamboozled" by the conspiracy.

  • October 16, 2024

    Bitfinex Hacker Deserves 5 Years For Crypto Heist, Feds Say

    The hacker who stole bitcoin now worth billions of dollars from crypto exchange Bitfinex should serve just 60 months for the exploit and subsequent laundering of the funds because his post-arrest cooperation "benefitted numerous investigations" and merits a below-guidelines sentence, prosecutors told a federal judge.

  • October 16, 2024

    Pa. AG Wants State Claims Restored In FTC Amazon Suit

    Pennsylvania's attorney general wants to get back into a joint state and federal antitrust case against Amazon, asking a Washington federal judge to reconsider tossing claims under Pennsylvania's consumer protection law because Amazon allegedly concealed its unfair trade practices from Pennsylvania customers.

  • October 16, 2024

    EPA Defends Rejection Of Smog Rule Reconsideration Pleas

    The U.S. Environmental Protection Agency told the D.C. Circuit it reasonably rejected petitions by U.S. Steel Corp. and Hybar LLC to reconsider its so-called Good Neighbor Plan to curb cross-state ozone pollution after courts stayed the rule for some affected states.

  • October 16, 2024

    DC Circ. Urged To Let Feds Fix Pipeline Safety Rules

    A pipeline industry group urged a D.C. Circuit panel to reconsider its August decision throwing out a handful of new safety standards for gas transmission pipelines, warning that federal regulators' implementation of the court's mandate could lead to millions of dollars of unnecessary repair costs for pipeline operators.

  • October 16, 2024

    Justices Won't Block EPA Power Plant Rule

    The U.S. Supreme Court on Wednesday rebuffed pleas to block implementation of the U.S. Environmental Protection Agency's latest effort to curb greenhouse gas emissions from power plants while it's being challenged in court, but three justices indicated they had concerns with the rule's legality.

Expert Analysis

  • What Drug Cos. Must Know About NY Price Transparency Law

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    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.

  • Amid SEC Rule Limbo, US Cos. Subject To ESG Regs In EU

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    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.

  • 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.

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