Compliance

  • August 15, 2024

    Price-Fixing Claims Against Par Pharma Tossed After Ch. 11

    A Connecticut federal judge on Thursday tossed Par Pharmaceutical Cos. Inc. from two price-fixing lawsuits after the defendant and its parent, Endo International PLC, recently filed the Chapter 11 reorganization plans that they said shielded them from the cases.

  • August 15, 2024

    SEC Defendants Fight Ex-Latham Atty For Whistleblower Docs

    A credit reporting agency at the center of a $73 million U.S. Securities and Exchange Commission lawsuit is seeking to force a retired Latham & Watkins LLP partner to hand over his discussions with a pair of SEC whistleblowers, arguing that the attorney's work for the tipsters isn't privileged.

  • August 15, 2024

    Fla.'s The Villages Exempted From FTC Noncompete Ban

    A Florida retirement community's real estate broker will be exempt when the Federal Trade Commission's noncompete ban goes into effect next month, under a limited injunction imposed by a federal judge who recognized the agency's rulemaking powers but said they go too far here.

  • August 15, 2024

    Interior Department Grants $775M To Plug Oil And Gas Wells

    The U.S. Department of the Interior said it's making up to $775 million available for 21 eligible states to plug orphaned oil and gas wells to curb harmful methane leaks and reduce risks to the environment and public health.

  • August 15, 2024

    Connecticut Watchdog Calls For Action On Utility 'Rate Shock'

    A Connecticut consumer rights watchdog agency has asked the state's utility regulator to reverse rate hikes that it recently approved for major energy companies or to take other actions to prevent future "rate shock" for state residents.

  • August 15, 2024

    Gemini Suit Raises Novel Question On Crypto Law, Court Told

    A suit from a consumer advocacy organization claimed Gemini Trust Co.'s user agreement unfairly put the onus on consumers to protect themselves from scams, but the Winklevoss-led crypto exchange said the litigation raises a larger question of whether the federal statute at the heart of the claims applies to cryptocurrencies.

  • August 15, 2024

    No Harm In SEC Releasing More Info On Breach, Judge Told

    A conservative civil liberties group questioned the U.S. Securities and Exchange Commission's claims that releasing additional materials related to its handling of an internal firewall breach would harm the public interest Thursday, telling a D.C. federal judge in court that so much was already out, more sunlight couldn't hurt.

  • August 15, 2024

    Prof Rips DOJ, VW's 9th Circ. Bid To Shield Jones Day Docs

    A Loyola Marymount University professor has urged the Ninth Circuit to shut down the U.S. Department of Justice and Volkswagen AG's relentless "obfuscation" in a long-running dispute over access to confidential Volkswagen documents that were part of a Jones Day investigation into the automaker's 2015 emissions-cheating scandal.

  • August 15, 2024

    White Collar Partner Duo Joins Duane Morris In NY

    Duane Morris has hired two new trial partners in New York who've spent the last 15 years working together as white collar attorneys at Peckar & Abramson.

  • August 15, 2024

    Colorado, Suncor Back EPA In Denver Refinery Permit Fight

    Colorado and Suncor Energy USA Inc. told the Tenth Circuit the U.S. Environmental Protection Agency was right to refuse to object to a series of permit changes state regulators approved for the company's Denver-area oil refinery, as fights over the facility's emissions are heating up.

  • August 15, 2024

    Trump Seeks To Delay NY Sentencing Until After Election

    Donald Trump asked to delay sentencing in his New York hush money case until after the 2024 presidential election, arguing he needs time to potentially appeal if he loses an attempt to erase the felony conviction on the basis of presidential immunity.

  • August 15, 2024

    Asphalt Co. To Pay $6.5M For Criminal Bid-Rigging Scheme

    A Detroit-area asphalt paving company was sentenced Thursday to pay $6.5 million after it pled guilty to participating in a sprawling bid-rigging scheme in Michigan, with federal prosecutors alleging the company's leaders worked with competitors to drive up the price of paving contracts.

  • August 15, 2024

    Banking Groups Sue To Thwart New Ill. Swipe Fee Restrictions

    The nation's largest bank trade association and other industry groups sued Thursday to block Illinois from implementing a new state law that prohibits financial intermediaries from charging so-called swipe fees on the sales tax and tip portions of payment card transactions, arguing it conflicts with federal law and risks broader "chaos."

  • August 14, 2024

    T-Mobile Hit With $60M Fine Over National Security Risks

    The Committee on Foreign Investment in the U.S. fined T-Mobile US Inc. $60 million for alleged national security failures, including failing to prevent the unauthorized access of "certain sensitive data" and to promptly report such incidents, according to news reports Wednesday and the agency's website.

  • August 14, 2024

    SEC, CFTC To Collect $474M In Latest Texting Probe Fines

    The U.S. Securities and Exchange Commission and the Commodity Futures Trading Commission on Wednesday announced settlements totaling nearly $474 million with several broker-dealers, investment advisers and other registered firms over failures to maintain and preserve text messages and other electronic communications as required under federal law.

  • August 14, 2024

    CFPB Faces Call To Treat Housing Rental Leases As 'Credit'

    A major consumer advocacy group has formally petitioned the Consumer Financial Protection Bureau to write new rules that would require landlords to provide "adverse action" explanations when rejecting prospective renters who have applied for an apartment or other housing lease.

  • August 14, 2024

    New York Sues Lease-To-Own Fintech For 'Cheating' Users

    New York state sued lease-to-own fintech company Acima on Wednesday, accusing the firm of taking advantage of consumers with deceptive practices around its lease agreements and interest rates that go far beyond the state's standard for usury.

  • August 14, 2024

    ICE Faces Trimmed Suit Over Detainee's COVID-19 Death

    A California federal court on Tuesday again allowed U.S. Immigration and Customs Enforcement to trim a lawsuit alleging it failed to protect a man who died in detention but kept claims alleging ICE failed to oversee its facilities or protect the man from COVID-19.

  • August 14, 2024

    FINRA Fines Morgan Stanley $400K Over Transaction Records

    A Morgan Stanley wealth management unit will pay the Financial Industry Regulatory Authority $400,000 to settle claims it left required information off of approximately 550,000 trade confirmations for certain municipal securities.

  • August 14, 2024

    Temu Parent Faces Investor Suit Over Security, Labor Claims

    Chinese retail company PDD Holdings Inc., the owner of online merchandiser Temu, was hit with a proposed securities class action in New York federal court alleging it concealed from investors that it actively sought to put malware on its users' phones and sold goods that were likely made by forced labor.

  • August 14, 2024

    Tuna Price-Fixing Deal Comes With A Catch: $26M In Fish

    Two groups of buyers accusing major canned tuna producers of price-fixing have asked a California federal judge to give the first seal of approval to settlements totaling more than $168 million in cash, plus $26 million in packaged tuna products.

  • August 14, 2024

    Google-Epic Antitrust Judge Vows To 'Tear The Barriers Down'

    A California federal judge appeared impatient Wednesday with Google's arguments against Epic Games' proposed changes to the Google Play Store in the wake of Epic's antitrust jury win, saying the world created by its "monopolist conduct" is changing, and vowing "to tear the barriers down."

  • August 14, 2024

    DOJ Defends Boeing Plea Deal Over Families' Objections

    The U.S. Department of Justice said Wednesday that Boeing's plea agreement is the best possible criminal resolution that holds the company accountable for defrauding regulators about the 737 Max 8's development, rejecting claims from crash victims' families that the "morally reprehensible" deal lets Boeing skirt culpability.

  • August 14, 2024

    CFPB Probe Draws Bead On Sporting Goods BNPL Firm

    Credova, a fintech firm that specializes in buy-now, pay-later loans and other financing options for firearms and outdoor recreational goods purchases, is facing scrutiny from the Consumer Financial Protection Bureau and a potential enforcement action, its parent company said Wednesday.

  • August 14, 2024

    4 States Oppose FTC Bid To Block Kroger-Albertsons Deal

    Four Republican-led states defended Kroger's proposed $25 billion acquisition of Albertsons in an amicus brief Wednesday, telling the Oregon federal judge overseeing the Federal Trade Commission's challenge to the deal that blocking it would actually "weaken, not protect, competition."

Expert Analysis

  • New FARA Letters Offer Insight Into DOJ's Approach

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    The U.S. Department of Justice's recently released batch of 15 advisory opinions from the Foreign Agents Registration Act Unit provides important guidance on FARA registration triggers and exemptions, underscoring the breadth of FARA's scope, says Tessa Capeloto at Wiley.

  • Series

    Rock Climbing Makes Me A Better Lawyer

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    Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.

  • How 5 States' Deal Notification Laws Are Guiding Healthcare

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    Healthcare transaction notification laws at various stages of implementation in California, Illinois, Indiana, Oregon and Washington are shaping sector mergers and acquisitions, with significant transparency, continuity of care and compliance implications as providers tackle complex regulatory requirements, says Melesa Freerks at DLA Piper.

  • Think Like A Lawyer: Dance The Legal Standard Two-Step

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    From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.

  • Recent Settlement Shows 'China Initiative' Has Life After Death

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    Though the U.S. Department of Justice shuttered its controversial China Initiative two years ago, its recent False Claims Act settlement with the Cleveland Clinic Foundation demonstrates that prosecutors are more than willing to civilly pursue research institutions whose employees were previously targeted, say attorneys at Benesch.

  • Takeaways From Tossed Deal In Visa, Mastercard Class Action

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    Given the rejection of a proposed deal in the long-running merchant antitrust class action against Visa and Mastercard in New York federal court, sweetening the proposed settlement pot likely will not be an option, leaving few possible outcomes including splitting the class and allowing opt-outs, say attorneys at Davis Wright.

  • DOJ Innovasis Settlement Offers Lessons On Self-Disclosure

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    The recent $12 million settlement with Innovasis and two of its executives demonstrates the U.S. Department of Justice's continued prioritization of Anti-Kickback Statute enforcement amid the growing circuit split over causation, and illustrates important nuances surrounding self-disclosure, say Denise Barnes and Scott Gallisdorfer at Bass Berry.

  • How Orange Book Antitrust Scrutiny Is Intensifying

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    Pharmaceutical patent holders should be reviewing Orange Book listing practices, as the Federal Trade Commission takes a more aggressive antitrust approach with actions such as the Teva listing probe, and the U.S. Food and Drug Administration calls attention to potentially improper listings, say attorneys at McDermott.

  • What To Know As Children's Privacy Law Rapidly Evolves

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    If your business hasn't been paying attention to growing state and federal efforts to protect children online, now is the time to start — there is no sign of this regulation slowing down, and more aggressive enforcement actions are to be expected in the coming year, says Susan Rohol at Willkie Farr.

  • Weight-Loss Drugs May Spur Next Major Mass Tort

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    With lawsuits concerning Ozempic and similar weight-loss drugs potentially becoming the next major mass tort in the U.S., companies should consider key defense strategies ranging from alternate dispute resolution to enhanced drug safety, say Dino Haloulos and Jarif Khan at Foley & Mansfield.

  • Opinion

    OFAC Sanctions Deserve To Be Challenged Post-Chevron

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    The U.S. Supreme Court's Loper Bright decision opens the door to challenges against the Office of Foreign Assets Control's sanctions regime, the unintended consequences of which raise serious questions about the wisdom of what appears to be a scorched-earth approach, says Solomon Shinerock at Lewis Baach.

  • Tips For Lenders Offering Texas Home Equity Lines Of Credit

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    As interest in home equity lines of credit increases, lenders seeking to utilize such products in Texas must be aware of state-specific requirements and limitations that can make it challenging to originate open-end lines of credit on homestead property, says Tye McWhorter at Polunsky Beitel.

  • Behind The Delay Of Final HSR Premerger Filing Rules

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    Erin Toomey at Epiq discusses the wait for the final version of the revised Hart-Scott-Rodino premerger filing requirements that were first introduced in June 2023, the factors that might be behind the delay, and how to plan for the potential data-focused rule change

  • Opinion

    After Jarkesy, IRS Must Course-Correct On Captive Insurance

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    The U.S. Supreme Court’s recent Securities and Exchange Commission v. Jarkesy decision has profound implications for other agencies, including the IRS, which must stop ignoring due process and curtailing congressional intent in its policing of captive insurance arrangements, says Peter Dawson at the 831(b) Institute.

  • Congress Quietly Amends FEPA: What Cos. Should Do Now

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    Last week, Congress revised the Foreign Extortion Prevention Act — passed last year to criminalize demand-side foreign bribery — to address inconsistencies and better harmonize the law with the Foreign Corrupt Practices Act, and companies should review their compliance programs accordingly, say Mark Mendelsohn and Benjamin Klein at Paul Weiss.

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