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Compliance
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October 09, 2024
Google, Microsoft Want Docs Kept From Apple In DOJ Case
Google and Microsoft were among a group of major corporations jumping in Tuesday to push for greater New York federal court safeguards of their sensitive business information as it's used in the Justice Department case accusing Apple of anticompetitively restricting app access to lock users into the iPhone.
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October 09, 2024
Lamps Plus Pays $4M To Settle Calif. DAs' False Pricing Suit
Home goods chain Lamps Plus Inc. will pay a group of Southern California district attorney's offices $4.1 million to settle civil allegations that the retailer misled consumers with false pricing information, prosecutors announced Wednesday.
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October 09, 2024
5th Circ. Asks If Drag Ban Different From Obscenity Laws
A Fifth Circuit panel wrangled with First Amendment questions surrounding a Texas law banning drag shows in front of children, with a judge asking an LGBTQ nonprofit how Texas' law was different from a law banning "sexual intercourse" or "sodomy" in downtown New Orleans during oral arguments Wednesday.
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October 09, 2024
Gensler Mum On Future As AI, Crypto Rules Await Action
U.S. Securities and Exchange Commission Chair Gary Gensler declined to comment Wednesday on his or the agency's future should former U.S. President Donald Trump win a second term in office this November, even as questions remain about the post-election future of proposed regulations, like those that would safeguard crypto assets and crack down on the use of predictive data analytics.
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October 09, 2024
RFK Jr. Jumps Into TikTok Ban Fight At DC Circ.
Robert F. Kennedy Jr. has joined the fray in litigation at the D.C. Circuit challenging a federal law that could put TikTok out of business in the United States, contending in a new lawsuit that the sale-or-ban statute defies the First Amendment.
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October 09, 2024
Ga. Judge Won't Extend Voter Registration After Helene
Would-be voters in the Peach State won't get an extra week to register for the November 2024 election — at least not yet — after a Georgia federal judge said Wednesday she hadn't seen sufficient support for the claim that registrations were significantly hampered by the destruction caused by Hurricane Helene.
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October 09, 2024
DOJ Offers Menu Of Options For Google Search Fix
An outline of potential fixes lodged Tuesday by the U.S. Department of Justice in the search monopolization case against Google ranges from a ban on the default search engine pacts at the heart of the case to the forced sale of its Android operating system or other business units.
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October 09, 2024
SF Leaders Not Backing City's High Court Case Against EPA
With oral arguments just a week away, the San Francisco Board of Supervisors on Tuesday passed a resolution urging the city attorney to drop a U.S. Supreme Court case against the U.S. Environmental Protection Agency over a Clean Water Act permit.
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October 09, 2024
CVS, United Health Seek Removal Of FTC's Khan In PBM Case
Major pharmacy benefit manager owners are calling on a Federal Trade Commission administrative judge to disqualify three Democratic FTC commissioners from the agency's in-house lawsuit accusing them of artificially inflating insulin prices, arguing that the commissioners have repeatedly vilified PBMs and prejudged the proceeding.
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October 09, 2024
Texas Electric Co-Op Says EPA Mercury Rule Must Be Nixed
A Texas electricity co-operative on Tuesday backed a D.C. Circuit challenge to a U.S. Environmental Protection Agency rule curbing mercury and other toxic metal emissions at some coal-fired power plants, saying the agency fudged data to saddle the co-op with unachievable emissions reduction requirements.
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October 09, 2024
Yale Must Answer Ex-Student's 'Execution' Fears, Judge Says
A judge has ordered Yale University to respond to an expelled student's fears of execution if he is deported to Afghanistan as she mulls lifting a ban on naming a classmate who accused the ex-student of sexual assault in litigation connected to a key Title IX ruling.
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October 09, 2024
NY Mets Parent Co. Accused Of Selling Biometric Data For Profit
Sterling Mets LP — the owner of the New York Mets baseball franchise — has been hit with a proposed class action alleging that it illegally shares biometric identifier information from Citi Field's visitors for a profit.
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October 09, 2024
State Action Doesn't Mean State Monopoly OK, Airline Says
A Northern Mariana Islands airline urged a federal court Tuesday to preserve antitrust claims accusing a rival of using an $8 million government COVID-19 relief contract to drive it out of business, arguing the government contract doesn't convey immunity from monopolization allegations.
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October 09, 2024
Ag Groups Defend Farm Emissions Reporting Exemption
Agricultural industry groups called on a Washington, D.C., federal judge to toss green groups' claims alleging the U.S. Environmental Protection Agency overstepped its authority in exempting factory farms from pollution-reporting requirements, arguing the agency merely implemented Congress' command.
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October 09, 2024
NY Tribe Urges Court To Keep Door Open On 911 Lawsuit
The Cayuga Nation is fighting a bid by two New York counties to dismiss its lawsuit over their alleged refusals to forward 911 calls to tribal police, arguing that on its face, it's hard to deny that something is amiss in the municipalities' efforts to ensure its reservation members' protection.
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October 09, 2024
Louisiana Judge Reopens EPA's Enforcement Against Denka
A Louisiana federal judge on Tuesday reopened the U.S. Environmental Protection Agency's lawsuit alleging some of a neoprene manufacturer's air emissions pose a health threat to the surrounding community.
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October 09, 2024
SEC Equity Trading Reforms Spark DC Circ. Challenge
The U.S. Securities and Exchange Commission is facing a legal challenge in the D.C. Circuit over recent equity trading regulatory changes that allow stocks to be quoted in half-penny increments and lower access fee caps.
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October 09, 2024
SEC Awards $5M To 3 Whistleblowers, Denies Award To 4th
The U.S. Securities and Exchange Commission awarded more than $5 million to three unidentified whistleblowers while denying a fourth applicant's bid for a payout, in a partially redacted order saying the applicant's provided information did not cause the commission to open an investigation or inquiry.
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October 09, 2024
FTX Exec Wants Another Prison Date Delay Over Dog Attack
Former FTX executive Ryan Salame has again asked the court to delay his surrender date to begin his prison term from this Friday to Dec. 7, as he purportedly continues to undergo medical treatment and recover after being mauled by a German shepherd while visiting a friend's house in June.
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October 09, 2024
Lead Test Maker Vows Compliance As $42M Deal Approved
The general counsel of Magellan Diagnostics promised Wednesday that the medical device maker "will be better," as a Boston federal judge officially sentenced the company for hiding flaws in its lead-testing kits, signing off on a $42 million plea agreement.
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October 09, 2024
47 Members Of Congress Urge EPA To Ban Paraquat
Democratic Rep. Greg Casar from Texas led a coalition of 46 members of Congress in urging the U.S. Environmental Protection Agency to ban the use of a herbicide known as Paraquat, calling it a toxic substance "linked to life-threatening diseases and grave impacts on the environment."
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October 09, 2024
Settlement Ends Suit Over 'Unwanted' Insurance Agency Calls
A Georgia-based insurance agency has reached a settlement with a proposed class that accused it of making "aggressive" telemarketing calls to seniors advertising final expense and life insurance products despite the seniors' requests that the calls stop or their status on the national do-not-call list.
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October 09, 2024
Holland & Knight Hires Squire Patton Litigation Atty In DC
Holland & Knight LLP's newest partner in Washington, D.C., is a former Squire Patton Boggs LLP litigator who has experience working on international issues in the Middle East.
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October 08, 2024
NY Discharge Law Usurps Feds, Nuclear Plant Owner Says
The owner of the shuttered Indian Point nuclear power plant on Monday urged a federal judge to invalidate a New York state law banning discharges of radioactive material into the Hudson River, saying it's clearly preempted by federal nuclear safety authority and violates the Constitution's supremacy clause.
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October 08, 2024
Texas Looks To Sink Suit Challenging Anti-ESG Law
Texas officials have asked a federal court to toss claims brought against them over a law restricting state investments with financial firms and businesses that want to reduce their reliance on fossil fuels, arguing they have sovereign immunity and the law doesn't violate the First Amendment.
Expert Analysis
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Why Now Is The Time For Law Firms To Hire Lateral Partners
Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Reassessing Lease Provisions To Account For ESG Initiatives
As companies seek to build ESG considerations into their businesses, it's crucial to understand how such initiatives can quickly become significant enough to compel reassessment of lease agreement provisions, and how best to modify leases accordingly, say Julian Freeman and Gabe Pitassi at Cox Castle.
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Considering Possible PR Risks Of Certain Legal Tactics
Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.
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Integrating ESG Into Risk Management Programs
Amid increasing regulations and reporting requirements for corporate sustainability in the European Union and the U.S., companies might consider how to incorporate environmental, social and governance factors into more formalized risk management, say directors at Alvarez & Marsal.
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Exploring Practical Employer Alternatives To Noncompetes
With the Federal Trade Commission likely to appeal a federal court’s recent rejection of its noncompete ban, and more states limiting the enforceability of these agreements, employers should consider back-to-basics methods for protecting their business interests and safeguarding sensitive information, says Brendan Horgan at FordHarrison.
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How Increased Sanctions Scrutiny Is Affecting Debt Markets
U.S. sanctions and export control regulators have recently taken several steps that broaden financial sector oversight, and banks, lenders and borrowers must adapt their syndication and risk assessment processes in different ways or risk incurring substantial penalties, say Cristina Brayton-Lewis and Kerrick Seay at White & Case.
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What The SEC Liquidity Risk Management Amendments Entail
Fund managers should be cognizant of the U.S. Security and Exchange Commission's recent changes to certain reporting requirements and guidance related to open-end fund liquidity risk management programs, and update their filing systems if need be, says Rachael Schwartz at Sullivan & Worcester.
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It's No Longer Enough For Firms To Be Trusted Advisers
Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.
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Avoid Getting Burned By Agencies' Solar Financing Spotlight
Recently coordinated reports and advisories from the U.S. Department of the Treasury, the Consumer Financial Protection Bureau and the Federal Trade Commission maximize the spotlight on the consumer solar financing market and highlight pitfalls for lenders to avoid in this burgeoning field, says Mercedes Tunstall at Cadwalader.
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Service Agreement Lessons From July's Global Tech Outage
The worldwide outages recently caused by Crowdstrike Holdings' misconfigured software update highlight the need to evaluate potential IT vendors, negotiate certain service agreement terms, and review existing agreements and diligence forms to help prevent future disruptions and mitigate the fallout should one occur, say attorneys at WilmerHale.
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Vertex Suit Highlights Issues For Pharma Fertility Support
Vertex Pharmaceuticals' recent lawsuit challenging the U.S. Department of Health and Human Services' interpretation of the Anti-Kickback Statute is influenced by a number of reproductive rights and health equity issues that the Office of Inspector General should address more concretely, including in vitro fertilization and fertility preservation programs, says Mary Kohler at Kohler Health Law.
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Calif. Bill, NTIA Report Illustrate Open-Model AI Safety Debate
The National Telecommunications and Information Administration’s balanced recommendations for preventing misuse of open artificial intelligence models, contrasted with a more aggressive California bill, demonstrate an evolving regulatory debate about balancing democratic access to this powerful new technology against potential risks to the public, say Stuart Meyer and Fredrick Tsang at Fenwick.
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5 Lessons From Consulting Firm's Successful DOJ Disclosure
The Boston Consulting Group recently received a rare declination of prosecution from the U.S. Department of Justice after self-disclosing a foreign bribery scheme, and the firm’s series of savvy steps after discovering the misconduct provides useful data points for white collar defense attorneys, says Jonathan Porter at Husch Blackwell.
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What To Know About Ill. Employment Law Changes
Illinois employers should review their policies in light of a number of recent changes to state employment law, including amendments to the state’s Human Rights Act and modifications to the Day and Temporary Labor Services Act, say attorneys at Kilpatrick.
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'Greenhushing': Why Some Cos. Are Keeping Quiet On ESG
A wave of ESG-related litigation and regulations have led some companies to retreat altogether from any public statements about their ESG goals, a trend known as "greenhushing" that was at the center of a recent D.C. court decision involving Coca-Cola, say Gonzalo Mon and Katie Rogers at Kelley Drye.