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Compliance
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January 17, 2025
FDIC Missed Some Crypto 'Pause' Letters, Coinbase Ally Says
The research consultancy suing the Federal Deposit Insurance Corp. on behalf of Coinbase for documents on the regulator's internal views on crypto said Friday that it intends to update its complaint with new allegations that the FDIC did not conduct a thorough search and may be engaging in unlawful practices, based on purported whistleblower reports.
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January 17, 2025
DOJ Says Ga. County's Districts Disenfranchised Black Voters
Federal prosecutors have hit middle Georgia's Houston County with a voting rights lawsuit alleging that the county's "history of official discrimination" has continued to the present day by gerrymandering Black citizens out of representation in their local government.
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January 17, 2025
Walgreens Knowingly Filled Invalid Prescriptions, Feds Say
The U.S. Department of Justice has accused Walgreens of knowingly filling millions of prescriptions for opioids and other controlled substances that did not have a legitimate medical purpose or were not valid, intervening in cases brought by four whistleblowers in Illinois federal court.
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January 17, 2025
CFPB Inks $1.5M Redlining Deal As Biden Era Ends
The Consumer Financial Protection Bureau is poised to collect a $1.5 million fine from an Illinois mortgage company as part of a settlement unveiled late Friday over claims it engaged in redlining, a form of residential lending discrimination.
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January 17, 2025
NHTSA Defends Fuel-Economy Regulations In 6th Circ.
The U.S. Department of Transportation told the Sixth Circuit on Friday that its new fuel-economy standards are technologically feasible and properly account for a variety of alternative-fuel vehicles, rejecting claims from Republican-led states and fuel industry groups that the stringent standards amount to an unlawful electric vehicles mandate.
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January 17, 2025
DC Circ. Unsure On Restoring CFTC's Election Betting Ban
The D.C. Circuit seemed hesitant Friday to reimpose a ban that the U.S. Commodity Futures Trading Commission had placed on gambling over the fate of U.S. elections, as the judges spent over an hour trying to parse what Congress meant when it said that gaming on derivatives platforms was prohibited.
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January 17, 2025
No Conflict In Judge's Friendship, John Deere, Farmers Say
John Deere and the farmers suing it in a right-to-repair suit said they have no concerns about the potential conflict of interest an Illinois federal judge flagged, saying there was "no reason" for the jurist to recuse himself, according to a joint letter filed by the parties.
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January 17, 2025
Google Judge Says Apple Intervention Could Open 'Floodgates'
A D.C. federal judge seemed skeptical Friday about allowing Apple Inc. to intervene in legal wrangling between Google and the U.S. Department of Justice over the proper fix for Google's search monopoly, raising concerns that granting intervention would pave the way for other companies to do the same.
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January 17, 2025
Epic Wary Of Apple's Privilege Claims As Doc Review Wraps
Epic Games' counsel took issue with the rising number of privilege assertions Apple is maintaining over its discovery documents in their ongoing antitrust compliance fight, telling a magistrate judge Friday he's "frankly surprised and concerned" by the sudden increase as Apple's privilege-assertion rereview draws to a close.
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January 17, 2025
States Ask To Join Suit To Uphold Gun Show Loophole Closure
Over a dozen states asked a Texas federal judge for permission to join a suit over the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives' rule closing the so-called gun show loophole, saying in a motion that the incoming Trump administration wouldn't properly defend the rule.
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January 17, 2025
Instacart, Uber Team Up Against Driver Job Security Law
Instacart has joined Uber's fight against Seattle's new app-based worker account deactivation rules, with both companies urging the judge who refused to temporarily block the law to grant a stay while the companies appeal to the Ninth Circuit.
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January 17, 2025
DC Circ. Seems Of Split Mind On EPA Air Compliance Suit
The D.C. Circuit seemed split Friday on what to do about a Republican state-led appeal accusing the U.S. Environmental Protection Agency of stepping on their toes when issuing a rule that changed the deadline for submitting Clean Air Act compliance plans for power plants.
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January 17, 2025
DOJ Wants No Jail Time For Cross-Border Monopoly Member
The U.S. Department of Justice has told a Texas federal judge that a woman who pled guilty to conspiring to monopolize cross-border sales of used vehicles should be sentenced to up to 14 months of home detention.
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January 17, 2025
Video Game Maker To Pay $20M For Child Privacy Violations
The maker of the video game "Genshin Impact" has agreed to pay $20 million and block children under 16 from making in-game purchases without parental permission to resolve the Federal Trade Commission's claims that the company misled children and other users about the actual costs of purchases and illegally collected children's personal information.
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January 17, 2025
Green Groups Defend EPA's Drinking Water PFAS Rule
Green groups on Friday asked the D.C. Circuit to uphold the U.S. Environmental Protection Agency's rule setting the first-ever limits for forever chemicals in the nation's drinking water, which is being challenged by water utility associations and chemical industry players.
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January 17, 2025
Texas-Led States Join Challenge To EPA Methane Tax
A coalition of Texas-led states has joined a slew of industry groups challenging a U.S. Environmental Protection Agency rule that imposes fees oil and gas companies must pay if their methane emissions exceed certain thresholds.
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January 17, 2025
DOL's Subminimum Wage Rule Draws Support, Scrutiny
The U.S. Department of Labor's proposed rule to end the program allowing employers to pay subminimum wages to workers with disabilities drew polarized opinions as the comment period ended Friday, with supporters arguing it is time to pay those workers fairly and critics saying the rule will limit workers' options.
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January 17, 2025
SEC Fines Transamerica $2.9M Over Retirement Biz Conflicts
The U.S. Securities and Exchange Commission on Friday fined registered investment adviser Transamerica Retirement Advisors LLC $2.9 million to settle claims it concealed conflicts of interest generated by Transamerica's incentive compensation payments to representatives.
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January 17, 2025
P&G Accused Of 'Greenwashing' And Making 'Frankenforests'
Procter & Gamble is greenwashing its Charmin toilet paper by misleading consumers into believing it is ethically sourced and that the multinational consumer goods company is following through with sustainable reforestation promises, a 48-count proposed class action alleges.
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January 17, 2025
Up Next At High Court: Forum Shopping & TCPA Definitions
The U.S. Supreme Court will return to the bench Tuesday for a short argument session, during which the justices will consider the U.S. Food and Drug Administration's bid to limit forum shopping by manufacturers challenging agency decisions and how much deference district courts must give to Federal Communications Commission orders.
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January 17, 2025
FirstEnergy Execs Hit With RICO Charges Over Bribe Scandal
Two former executives of FirstEnergy Corp. have been hit with federal racketeering charges over their alleged scheme to bribe Ohio House of Representatives members for a billion-dollar bailout that has drawn scrutiny from government agencies and led to long prison sentences for others involved in the scandal.
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January 17, 2025
PE Firm Resolves FTC's Antitrust Anesthesia Roll-Up Case
Private equity firm Welsh Carson Anderson & Stowe agreed to limit its involvement, entanglement and ownership rights with its portfolio company U.S. Anesthesia Partners Inc. to resolve allegations they engaged in a "roll-up" scheme to buy anesthesiology practices in Texas and drive up costs, the Federal Trade Commission said Friday.
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January 17, 2025
CFPB, Student Loan Co. Ink $2.25M Deal Over Debt Practices
The National Collegiate Student Loan Trusts agreed to pay $2.25 million to resolve the Consumer Financial Protection Bureau's suit accusing it of harming borrowers through unfair collection tactics on private student loan debts, according to a joint motion to approve the stipulated judgment filed in Delaware federal court.
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January 17, 2025
Crypto Coder Sues Feds To Block 'Money Transmitter' Label
Crypto policy think tank Coin Center is supporting one of its fellows in suing the federal government over its allegedly "mistaken view" of how criminal money transmission statutes apply to crypto software.
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January 17, 2025
SEC Says Food Tech Startup Overstated Revenue By $550M
The U.S. Securities and Exchange Commission on Friday fined venture-backed food technology startup GrubMarket $8 million for allegedly misleading investors by overstating revenue by more than $550 million, with faulty accounting that regulators say the company should have known was unreliable.
Expert Analysis
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Predicting The Lasting Changes CFPB May Face In 2025
President-elect Donald Trump and the incoming Republican-controlled Congress' likely attempts to reshape the Consumer Financial Protection Bureau could significantly alter its rulemaking, supervisory and enforcement abilities for years to come, says Jim Sandy at McGlinchey Stafford.
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5 Proactive Immigration Best Practices For Employers In 2025
Businesses that depend on foreign talent should take specific steps in anticipation of changes to federal immigration policies that could affect the H-1B visa and other programs, and likely require changes in organizational operations and compliance strategy, says Dustin O'Quinn at Ballard Spahr.
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Top 10 Employer Resolutions For 2025
While companies must monitor for policy shifts under the new administration in 2025, it will also be a year to play it safe and remember the basics, such as the importance of documenting retention policies and conducting swift investigations into workplace complaints, say attorneys at Lawrence & Bundy.
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NLRB Likely To Fill Vacuum After NMB Jurisdiction Ruling
The National Mediation Board's recent ruling in Swissport Cargo Services LP abandoned decades of precedent by concluding the Railway Labor Act doesn’t apply to airline service providers, likely leading the National Labor Relations Board to assert its jurisdiction instead and potentially causing more operational disruptions and labor strife, say attorneys at Morgan Lewis.
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How White Collar Enforcement May Shift In Trump's 2nd Term
After President-elect Donald Trump returns to the White House next month, the administration’s emphasis on immigration laws, drug offenses and violent crime will likely reduce the focus on white collar crime overall, but certain areas within the white collar world may see increased activity, say attorneys at Keker Van Nest.
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Risk Management Takeaways From NIST's AI Symposium
Based on the National Institute of Standards and Technology's September artificial intelligence innovation symposium, companies should anticipate that laws and regulations safeguarding AI could take new forms and approaches that break the current mold, say attorneys at Eversheds Sutherland.
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New Trump Admin May Bring Financial Oversight Turbulence
As President-elect Donald Trump prepares to begin his second term, his top financial market regulatory and securities law enforcement appointees, campaign promises, and regulatory preferences foretell a period of muddy regulatory waters, say attorneys at Kroll.
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The Justices' Securities Rulings, Dismissals That Defined '24
The U.S. Supreme Court's 2024 securities rulings led to increased success for defendants' price impact arguments, but the justices' decisions not to weigh in on important issues relating to the Private Securities Litigation Reform Act's pleading requirements may be just as significant, say attorneys at Skadden.
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2024 Election Results May Prove Fortuitous For Family Offices
Thanks to the decisive Republican victories in the 2024 elections, family offices have a unique opportunity for accelerated growth and influence, particularly through the benefits afforded by patient capital, says Edward Taibi at Olshan Frome.
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10 Noteworthy CFPB Developments From 2024
In a banner year for consumer finance regulation, the Consumer Financial Protection Bureau made significant strides in its efforts to rein in Big Tech and nonbank financial firms, including via rules regarding open banking, credit card late fees, and buy now, pay later products, say attorneys at Wiley.
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What To Expect From EEOC Next Year After An Active 2024
While highlights this year for the U.S. Equal Employment Opportunity Commission include its first-ever Pregnant Workers Fairness Act cases and comprehensive workplace harassment guidance, the question for 2025 is whether the commission will sustain its momentum or shift its focus in a new direction, says Shannon Kelly at GrayRobinson.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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2024 Has Been A Momentous Year For ESG
Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.
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Opinion
A New Tax On Employers Could Help Curb Illegal Immigration
To better enforce the law against hiring immigrants unauthorized to work in the U.S., Congress should enact a punitive excise tax on compensation paid to such immigrants and amend the False Claims Act to allow qui tam actions against employers for failure to pay such tax, says Ajay Gupta at Moore Tax Law Group.
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Advancing Storage-Integrated Power Generation In Turkey
Recent proposals by energy regulators in Turkey have laid the groundwork for further development of electricity generation plants with integrated energy storage facilities — offering opportunities for project developers and investors, and a possible model for U.S. regulators, say attorneys at Norton Rose.