Compliance

  • December 10, 2024

    SEC Says Ex-Rep Defrauded Investors With Short-Term Bets

    A former registered representative of broker-dealer Western International Securities Inc. has agreed to pay over $2.1 million to end U.S. Securities and Exchange Commission allegations he orchestrated a scheme to defraud retail clients by recommending costly investment strategies, and then covered up their "substantial" losses with phony financial statements.

  • December 10, 2024

    SEC Outlines Municipal Adviser Exam Process

    The U.S. Securities and Exchange Commission's Division of Examinations has issued a risk alert outlining its process for selecting municipal advisers to examine, how advisers can prepare for exams, and the types of information examiners may request.

  • December 10, 2024

    9th Circ. Upholds $850K Penalty In EPA Fine Suit

    The Ninth Circuit on Tuesday upheld a $850,000 penalty against Multistar Industries Inc. for Clean Water Act violations related to chemical storage, saying it agrees with the Environmental Protection Agency's view that the company was not exempt from the rules for storing hazardous materials.

  • December 10, 2024

    Property Manager At Center Of Gang Claims Sues Colo. AG

    A property management company caught up in a national controversy following allegations a Venezuelan gang had taken over some of its buildings in Aurora, Colorado, is suing the state to block probes by the state's attorney general into the company's management of its properties.

  • December 10, 2024

    Feds Propose Enviro Protections For Monarch Butterfly

    The U.S. Fish and Wildlife Service issued a proposed rule on Tuesday that would list the monarch butterfly as a threatened species under the Endangered Species Act and designate 4,395 acres of critical habitat in coastal California.

  • December 10, 2024

    Kid Climate Activists Ask Justices To Save Twice-Nixed Case

    Youth plaintiffs have asked the U.S. Supreme Court to revive their climate change lawsuit against the federal government but said the court should decide a key death penalty case first that involves a similar constitutional question.

  • December 10, 2024

    FCC Gives Church, Not University, Ill. Low Power FM Station

    A Pentecostal church has won a face-off with a Christian university over which one of them would get to build and run a new low power FM station in the northern Chicago suburbs after the Federal Communications Commission compared their applications and heard a complaint.

  • December 10, 2024

    Utah Counties' Narrow NEPA Test Meets High Court Critics

    Utah counties looking to narrow courts' ability to review federal agencies' environmental analyses of proposed projects hit roadblocks Tuesday from skeptical U.S. Supreme Court justices and the U.S. Department of Justice, who said the proposed limits go too far.

  • December 10, 2024

    FinCEN Says CTA Still Constitutional In Post-Injunction Alert

    The Financial Crimes Enforcement Network has alerted companies that they do not currently need to file so-called beneficial ownership information with the agency after a federal judge's nationwide preliminary injunction blocking the Corporate Transparency Act, though the bureau maintained that the law calling for such information is constitutional.

  • December 10, 2024

    Split 9th Circ. Won't Revive Tesla Worker's Whistleblower Suit

    A split Ninth Circuit refused to revive a terminated Tesla worker's Sarbanes-Oxley whistleblower claim alleging he was retaliated against for reporting unlawful activity, ruling on Tuesday the worker is precluded from re-litigating in district court whether he engaged in protected activity, since an arbitrator already decided that he did not.

  • December 10, 2024

    Trump Taps Ferguson As FTC Chief, Kressin Atty To GOP Seat

    President-elect Donald Trump named current Federal Trade Commission member Andrew N. Ferguson to be its next chair Tuesday night while also picking Kressin Meador Powers LLC partner Mark Meador, a former deputy chief counsel to Sen. Mike Lee, R-Utah, to round out the FTC as its third Republican member.

  • December 10, 2024

    4th Circ. Casts Doubt On Broker's FINRA Challenge

    A Fourth Circuit panel wondered Tuesday whether it was too soon to hear one North Carolina broker's constitutional challenge against the Financial Industry Regulatory Authority, with the circuit judges pointing out that FINRA's case against the broker was not yet over.

  • December 10, 2024

    FTC's Holyoak Says Chair OK With Some Cartels

    Federal Trade Commissioner Melissa Holyoak said Lina Khan, the agency's current chair, is suggesting enforcers ignore anticompetitive activity if it's not being committed by what she considers "dominant firms."

  • December 10, 2024

    FCC Cracks Down Again On Failures To Block Robocalls

    The Federal Communications Commission will consider tougher compliance rules to ensure voice service providers take part in efforts to cut robocalls, also saying Tuesday that more than 2,400 providers could face enforcement action for failing to meet existing filing requirements.

  • December 10, 2024

    AGs Urge FCC To Remove 'Pain' From Customer Service Calls

    A coalition of state attorneys general called Tuesday for the Federal Communications Commission to take some of the "pain" out of customer service calls in FCC-regulated industries from internet and voice calls to broadcast satellite.

  • December 10, 2024

    NC Addiction Clinic To Pay $825K To End Medicaid Fraud Suit

    An addiction treatment and behavioral health clinic based in Raleigh will pay $825,000 to settle claims that it billed the North Carolina Medicaid program for medically unnecessary drug tests and treatment support programs, the state Attorney General's Office announced Tuesday.

  • December 10, 2024

    SEC Says Xtreme Fighting CEO And GC Defrauded Investors

    The U.S. Securities and Exchange Commission has accused Xtreme Fighting Championships and CEO Steven Smith of defrauding investors by selling millions of dollars of stock in the martial arts organization without disclosing the involvement of Smith or its criminally charged general counsel, according to a Florida federal lawsuit.

  • December 10, 2024

    Crypto Groups Rally Against Reappointing SEC's Crenshaw

    Cryptocurrency industry groups are pushing back on a potential second term for U.S. Securities and Exchange Commissioner Caroline Crenshaw with an online ad campaign and letters to lawmakers ahead of a Senate Banking Committee vote Wednesday on the Democrat's confirmation.

  • December 10, 2024

    ESPN, Fox Blast DOJ 'Formalistic Distinction' In Fubo Case

    ESPN, Fox and Warner Bros. Discovery pressed the Second Circuit to upend a lower court injunction against their sports-only streaming service, taking particular aim at U.S. Department of Justice arguments asserting the sports giants can't claim they have a right to refuse dealing with rivals after joining forces.

  • December 10, 2024

    NJ AG Law Director Will Return To Lowenstein Sandler

    The director of the Division of Law in the New Jersey Office of Attorney General is returning to private practice at Lowenstein Sandler LLP, making way for the division's deputy to ascend to the top role.  

  • December 10, 2024

    Judge Says Indiana Grid Project Law Is Discriminatory

    An Indiana federal judge has blocked the state's right of first refusal law granting Indiana-based utilities the first attempt at securing new transmission project contracts in the state, saying the law discriminates against out-of-state economic interests.

  • December 10, 2024

    Philly Court Leadership Orders Sheriff To Improve Security

    Leadership in Philadelphia's court system ordered the city sheriff's office this week to devise written plans to counteract what it said was a growing number of security incidents at judicial facilities over the last two years.

  • December 10, 2024

    NY AG Refuses To Drop $489M Fraud Case Against Trump

    The office of New York Attorney General Letitia James has announced it won't drop its civil financial fraud case against President-elect Donald Trump, two of his sons, his companies and their executives, saying his upcoming inauguration has no bearing on litigating his appeal of the $489 million judgment.

  • December 10, 2024

    $24.6B Kroger-Albertsons Merger Blocked By 2 Judges

    Kroger's planned $24.6 billion purchase of Albertsons suffered double whammy blows Tuesday, first from an Oregon federal judge who temporarily blocked the deal in a Federal Trade Commission challenge, and then from a Washington state judge who sided with the state's attorney general and issued a permanent, national block.

  • December 10, 2024

    NY Appealing Judge's Dismissal Of Plastic Pollution Suit

    New York Attorney General Letitia James is appealing a harshly worded ruling that dismissed her suit against PepsiCo Inc. and its Frito-Lay subsidiary over plastic pollution on the Buffalo River.

Expert Analysis

  • Dissecting New Circuit Split Over SEC's Proxy Adviser Rule

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    The Sixth Circuit recently upheld the U.S. Securities and Exchange Commission's partial rescission of enhanced conflict-of-interest disclosure requirements for proxy voting advice businesses, creating a circuit split over broader questions concerning the standard for assessing the legality of agency actions in general, say attorneys at Cahill Gordon.

  • Federal Salary History Ban's Reach Is Limited

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    Though a newly effective Office of Personnel Management rule takes important steps by banning federal employers from considering job applicants' nonfederal salary histories, the rule's narrow applicability and overconfidence in the existing system's fairness will likely not end persistent pay inequities, says Margaret House at Kalijarvi Chuzi.

  • Call For Input Shows How Banks, Fintechs Can Address Risks

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    A recent request for information by federal banking regulators suggests that watchdogs are zeroing in on the bank-fintech partnerships they have long perceived as risky to consumers, but analyzing the publication can help companies anticipate regulators’ chief concerns and take steps to avoid becoming enforcement targets, say attorneys at K&L Gates.

  • NYC Hotel Licensing Law's Costs May Outweigh Its Benefits

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    A hotel licensing bill recently approved by New York's City Council could lead to the loss of many nonunionized hotels that cannot afford to comply, says Stuart Saft at Holland & Knight.

  • E-Discovery Quarterly: Recent Rulings On Metadata

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    Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.

  • How New OCC Priorities Will Affect Bank Compliance

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    With the Office of the Comptroller of the Currency recently releasing a new bank supervision plan for fiscal year 2025, all banks, not only those primarily supervised by the OCC, should consider how compliance with its guidelines creates opportunities and challenges, says Andrew Karp at Cadwalader.

  • Parsing SEC's Emerging Trend Of Section 204A Enforcement

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    The U.S. Securities and Exchange Commission recently settled with Sound Point Capital Management for violating Section 204A of the Investment Advisers Act, adding to a slew of charges against investment advisers that allegedly failed to safeguard material nonpublic information, say attorneys at Cozen O'Connor.

  • Comparing Antitrust Outlooks Amid Google Remedy Review

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    As the U.S. Justice Department mulls potential structural remedies after winning its recent case against Google, increased global scrutiny of Big Tech leaves ex post and ex ante antitrust approaches ripe for evaluation, say Nishant Chadha at the Indian School of Business and Manisha Goel at Pomona College.

  • Website Accessibility Ruling Leaves Circuit Split Unresolved

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    A New York federal court's recent decision in Mejia v. High Brew Coffee, holding that stand-alone websites are not "public accommodations" subject to the Americans with Disabilities Act, further complicates a long-running circuit split on this question — even as courts are burdened with thousands of similar lawsuits, say attorneys at Mandelbaum Barrett.

  • SEC Rulemaking Radar: The View From Election Day

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    The U.S. Securities and Exchange Commission seems poised to tackle many of the remaining items on its most recent Regulatory Flexibility Agenda by early 2025, despite the presidential election and the potential for a new chair to be nominated soon, say attorneys at Goodwin.

  • Why Secured Lenders Must Mind The Gap In UCC Searches

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    If not adequately addressed, the Uniform Commercial Code filing indexing gap can interfere with a lender's expected lien priority, but taking appropriate preclosing actions and properly timing searches can eliminate this risk, says Robert Wonneberger at Barclay Damon.

  • What FTC's 'Bitcoin ATM' Report Tells Us About Crypto Scams

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    The Federal Trade Commission's recent insights into bitcoin ATM scams highlight the technical evolution of fraudsters, the application of old scams to new technology, and the persistent financial impact on victims, say attorneys at DLA Piper.

  • What New Int'l Treaty Means For Global AI Regulation

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    Lawyers at Bird & Bird consider how global artificial intelligence regulation will be affected by the first international AI treaty recently signed by the U.S., EU and U.K., as well as its implications for business and several issues that stakeholders should be aware of.

  • How The Presidential Election Will Affect Workplace AI Regs

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    The U.S. has so far adopted a light-handed approach to regulating artificial intelligence in the labor and employment area, but the presidential election is unlikely to have as dramatic of an effect on AI regulations as it may on other labor and employment matters, say attorneys at Littler.

  • A Look At Grewal's Record-Breaking Legacy After SEC Exit

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    Gurbir Grewal resigned as director of the U.S. Securities and Exchange Commission's Division of Enforcement last month after more than three years on the job, leaving behind a legacy marked by record numbers of penalties and enforcement actions, as well as mixed results in aggressive lawsuits against major crypto players, say attorneys at Debevoise.

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