Compliance

  • June 24, 2024

    Fintech Exec Gets 45 Months For Crypto Market Manipulation

    A Florida federal judge on Monday sentenced the CEO of fintech company Hydrogen Technology Corp. to more than three years in prison for his role in a conspiracy to manipulate the market for Hydrogen's digital assets.

  • June 24, 2024

    Red Roof Ignored Years Of Trafficking, Victim Tells Ga. Jurors

    The corporate owners of two metro Atlanta Red Roof Inn locations knew about and ignored trafficking at the hotels, a woman who said she had been trafficked at the two hotels and others in the surrounding area for six years told Georgia federal jurors Monday.

  • June 24, 2024

    OCC Eyes Post-SVB Revamp To Recovery Planning Standards

    The Office of the Comptroller of the Currency moved Monday to beef up its enforceable guidelines on recovery planning for large banks, issuing a set of proposed changes that would include extending them to banks in the same size range as Silicon Valley Bank and other lenders that failed last year.

  • June 24, 2024

    AT&T Must Keep Basic Services Intact, Calif. Regulators Say

    California regulators have required AT&T to maintain its commitment to basic phone service by denying its bid to withdraw as a "carrier of last resort," a decision that has prompted the company to pursue legislation that would maintain the designation only for rural communities that have limited options for telecom service.

  • June 24, 2024

    Catching Up With Delaware's Chancery Court

    Amendments to Delaware's General Corporation Law topped the news out of the Court of Chancery again last week, as the hotly contested measure sailed through the state's legislature. Tesla and its shareholders continued their tug-of-war over attorney fees for Chancery litigation about Elon Musk's pay package, and new cases were filed involving biotechs, car rental companies, workout platforms, telecom towers, and a cargo ship fire in Brazil.

  • June 24, 2024

    Fragrance Co. Fined €15.9M For Deleting WhatsApp Messages

    The European Commission fined International Flavors & Fragrances Inc. €15.9 million ($17 million) on Monday, after enforcers said a senior employee deleted WhatsApp messages during an investigation of potential anti-competitive activity in the fragrance industry.

  • June 24, 2024

    US DOT Final Rule Ups Freight Rail Hazmat Disclosures

    Freight railroads must provide more detailed, real-time information on trains transporting hazardous materials to state and local first responders, under a new U.S. Department of Transportation final rule announced Monday that was largely spurred by last year's fiery derailment in East Palestine, Ohio.

  • June 24, 2024

    Google's Brin, Pichai Must Face Texas Ad Tech Depos

    Google CEO Sundar Pichai is bound for the deposition chair for four hours of testimony while company co-founder Sergey Brin is facing two and a half hours after a Texas federal judge refused Friday to spare the executives from a state enforcer antitrust lawsuit targeting the search giant's digital advertising placement technology.

  • June 24, 2024

    Construction Super Says Name Was Secretly Used On Permits

    A unit of construction engineering firm Structural Group Inc. improperly used the name of a licensed construction supervisor on at least half a dozen Massachusetts projects in which he was not involved, according to a lawsuit filed Monday in Norfolk County Superior Court.

  • June 24, 2024

    GOP States Can't Freeze PWFA Regs During 8th Circ. Appeal

    A coalition of Republican attorneys general can't pause implementation of the U.S. Equal Employment Opportunity Commission's fresh Pregnant Workers Fairness Act regulations while they appeal the dismissal of their suit, an Arkansas federal judge ruled, saying the states hadn't presented any new arguments to justify the respite.

  • June 24, 2024

    2nd Circ. Reopens Insider Trading Suit Against Hedge Fund

    The Second Circuit on Monday revived a lawsuit accusing hedge fund Raging Capital Management LLC of profiting off its position as a corporate insider of 1-800-Flowers, rejecting arguments that a recent U.S. Supreme Court ruling overturned circuit precedent allowing shareholders to sue beneficial owners who partake in short-swing trading.

  • June 24, 2024

    Justices Won't Hear Objections To $2.67B BCBS Deal

    The U.S. Supreme Court refused on Monday to review Home Depot's challenge of a $2.67 billion settlement in antitrust litigation targeting Blue Cross Blue Shield, along with a separate challenge of the attorney fees awarded for the deal.

  • June 24, 2024

    Justices Will Review Request To Rein In NEPA Requirements

    The U.S. Supreme Court on Monday granted seven Utah counties' request that it review a D.C. Circuit decision revoking federal approval of a rail line to transport crude oil from Utah.

  • June 24, 2024

    Apple Becomes 1st Target Of New EU Digital Markets Law

    European authorities provisionally accused Apple's App Store of violating its new digital antitrust law designed to curtail the power of Big Tech, claiming the iPhone maker's guidelines unfairly prevent developers from steering consumers to alternative platforms.

  • June 21, 2024

    Apple Won't Offer AI Tools In EU Due To Regulatory Concerns

    Apple confirmed Friday that the tech giant isn't planning on releasing new artificial intelligence features in the European Union this year due to "regulatory uncertainties" involving the bloc's new Digital Markets Act and the potential security risks that complying with the DMA could pose to Apple users.

  • June 21, 2024

    Real Estate Recap: Distressed Deals, Housing Hurdles, Infill

    Catch up on this week's key state developments from Law360 Real Estate Authority — including tips for guiding distressed office deals, the latest intel from Harvard University's Joint Center for Housing Studies, and how one U.S. city has been a magnet for federal funding of brownfield projects.

  • June 21, 2024

    Kaspersky Hit With Sanctions In Wake Of US Software Ban

    The U.S. Department of the Treasury on Friday sanctioned a dozen AO Kaspersky Lab executives, just a day after the U.S. Department of Commerce prohibited the sale of the Russia-based company's antivirus software and cybersecurity products in the United States.

  • June 21, 2024

    Lawmakers Visit Imprisoned Ex-IRS Agent And Binance Exec

    Rep. French Hill, R.-Ark., and Rep. Chrissy Houlahan, D.-Pa., reiterated their calls for the release of Binance executive and former IRS agent Tigran Gambaryan after visiting with him in the Nigerian prison where he's being detained on money laundering charges levied against his employer.

  • June 21, 2024

    4 Big Banks Cited For 'Living Will' Weaknesses By Fed, FDIC

    Federal regulators said Friday that half of the nation's largest U.S. banks will need to shore up weaknesses identified in their most recent "living wills," plans that detail how they could be resolved quickly and safely in the event of severe distress or failure.

  • June 21, 2024

    Under Armour To Pay $434M To End Securities Fraud Claims

    Under Armour Inc. has agreed to shell out $434 million to put to rest claims it inflated stock prices by hiding declining demand for its products, investors announced Friday, reaching a deal just weeks before a jury trial was set to kick off in Maryland federal court.

  • June 21, 2024

    FDIC Creates Offices To Investigate Workplace Misconduct

    The Federal Deposit Insurance Corp.'s board of directors on Friday approved the creation of two new independent offices to investigate complaints of sexual harassment, discrimination and other misconduct within the agency, which was accused of fostering a toxic workplace culture.

  • June 21, 2024

    Live Nation Investor Sues Leaders Over DOJ Antitrust Claims

    Live Nation's executives and directors were hit with a shareholder derivative lawsuit Friday in California federal court that seeks damages in the wake of the U.S. Department of Justice's allegations that the company monopolized concert promotion and ticket sales following its 2010 merger with Ticketmaster.

  • June 21, 2024

    Manhattan DA Seeks To Retain Trump Gag Order, Amid Threats

    The Manhattan District Attorney's Office urged a New York state judge Friday to leave in place most restrictions of the gag order preventing Donald Trump from speaking publicly about witnesses, jurors and others tied to his criminal trial, citing a barrage of threats from his supporters in recent months — including "actionable" death threats before and after the verdict.

  • June 21, 2024

    Crypto Vet With FTX Ties Launches Fintech Policy Think Tank

    Former congressional hopeful and cryptocurrency veteran Michelle Bond announced her formation of fintech policy think tank Digital Future, making a return to financial services policy after the recent sentencing of her partner, former FTX executive Ryan Salame, and FTX-linked donations to her 2022 campaign.

  • June 21, 2024

    Vape Co. Settles With FDA Over Denied Product Applications

    The maker of Juno brand e-cigarettes is just weeks away from settling a dispute with the U.S. Food and Drug Administration and the U.S. Department of Health and Human Services over allegations that the agencies violated the Administrative Procedure Act by refusing to review the manufacturer's applications on 12 products.

Expert Analysis

  • Mitigating Incarceration's Impacts On Foreign Nationals

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    Sentencing arguments that highlighted the disparate impact incarceration would have on a British national recently sentenced for insider training by a New York district court, when compared to similarly situated U.S. citizens, provide an example of the advocacy needed to avoid or mitigate problems unique to noncitizen defendants, say attorneys at Lankler Siffert.

  • Contract Disputes Recap: Saying What Needs To Be Said

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    Edward Arnold and Bret Marfut at Seyfarth Shaw examine three recent decisions that delve into the meaning and effect of contractual releases, and demonstrate the importance of ensuring that releases, as written, do what the parties intend.

  • Navigating Title VII Compliance And Litigation Post-Muldrow

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    The U.S. Supreme Court’s recent ruling in Muldrow v. St. Louis has broadened the scope of Title VII litigation, meaning employers must reassess their practices to ensure compliance across jurisdictions and conduct more detailed factual analyses to defend against claims effectively, say Robert Pepple and Christopher Stevens at Nixon Peabody.

  • The Opportunities, Risks And Rewards Of AI Acquisitions

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    As artificial intelligence acquisitions become an increasing area of focus for investors and technology buyers, entities should pay special attention to target identification, due diligence and more when structuring and executing a transaction with a company that has an AI-centric business model, say attorneys at Foley & Lardner.

  • Tiny Tweaks To Bank Merger Forms May Have Big Impact

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    The impact of proposed changes to the Federal Reserve Board's and Federal Deposit Insurance Corp.'s bank merger review forms would be significant, resulting in hundreds of additional burden hours for bank merger applicants and signaling a further shift by the prudential bank regulators toward more rigorous scrutiny of mergers, say attorneys at Debevoise.

  • How CFPB Credit Card Rules Slot Into Broader Considerations

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    Swirling legal challenges against the Consumer Financial Protection Bureau's recent rulemaking concerning credit card late fees raise questions about how regulated entities should respond to the bureau's rules — and how quickly they should act, say Caitlin Mandel and Elizabeth Ireland at Winston & Strawn.

  • AI And Trade Controls: A Guide To Expanding Restrictions

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    With restrictions on trade related to commodities, software and technology integral to high-performing artificial intelligence capabilities expected to expand — particularly between the U.S. and China — companies must carefully consider the export classification of the items they design, produce or procure, say attorneys at Hogan Lovells.

  • 4 Takeaways From Biden's Crypto Mining Divestment Order

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    A May 13 executive order prohibiting the acquisition of real estate by a foreign investor on national security grounds — an enforcement first — shows the importance of understanding how the Committee on Foreign Investment in the United States might profile cross-border transactions, even those that are non-notified, say attorneys at Kirkland.

  • Novel Applications May Fizzle After Fed Master Account Wins

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    Two recent federal court rulings that upheld decisions denying master account applications from two fintech-focused banks are noteworthy for depository institutions with novel charters that wish to have direct access to the Federal Reserve's payment channels and settle transactions in central bank money, say attorneys at Davis Polk.

  • Exploring An Alternative Model Of Litigation Finance

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    A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.

  • FTC Noncompete Rule's Impact On Healthcare Nonprofits

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    Healthcare entities that are nonprofit or tax-exempt and thus outside of the pending Federal Trade Commission noncompete rule's reach should evaluate a number of potential risk factors and impacts, starting by assessing their own status, say Ben Shook and Tania Archer at Moore & Van Allen.

  • Del. Dispatch: Chancery's Evolving Approach To Caremark

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    Though Caremark claims are historically the least likely corporate claims to lead to liability, such cases have been met in recent years with increased judicial receptivity — but the Delaware Court of Chancery still expressly discourages the reflexive filing of Caremark claims following corporate mishaps, say attorneys at Fried Frank.

  • A GC's Guide To Multijurisdictional Regulatory Compliance

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    Overlapping cybersecurity regulation has created an increasingly fragmented regulatory landscape with elevated oversight for organizations across the globe, but general counsel can help develop a best-in-class approach to manage these complexities by building a compliance strategy holistically, say David Dunn and Meredith Griffanti at FTI Consulting.

  • Why Employers Shouldn't Overreact To Protest Activities

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    Recent decisions from the First Circuit in Kinzer v. Whole Foods and the National Labor Relations Board in Home Depot hold eye-opening takeaways about which employee conduct is protected as "protest activity" and make a case for fighting knee-jerk reactions that could result in costly legal proceedings, says Frank Shuster at Constangy.

  • What To Know About NIGC's Internal Review Process

    Excerpt from Practical Guidance
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    If the National Indian Gaming Commission disapproves of a tribal management contract for gaming operations, it's important to properly go through the commission's internal hearing mechanism before litigating in federal court, or else an action may be dismissed for failure to exhaust administrative remedies, says Rebecca Chapman at the University at Buffalo School of Law.

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