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Compliance
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August 02, 2024
Manhattan DA Slams Trump's 'Regurgitated' Recusal Bid
The Manhattan district attorney pilloried Donald Trump's renewed request for the judge overseeing his hush money case to recuse himself, branding it a "regurgitated" attempt to rehash issues the court already decided without any new facts — besides Kamala Harris' presidential bid.
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August 02, 2024
Akin Debuts AI Law & Regulation Info Tracker
Global BigLaw firm Akin Gump Strauss Hauer & Feld LLP launched a tracker to help monitor changing policies related to artificial intelligence in various fields including intellectual property, data privacy, health and national security.
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August 02, 2024
NYC Courts' $9.5M Accounting Error Quietly Broke The Law
Internal audits found New York City courts violated state law by failing to turn over $9.5 million to the state treasury — the result of clerks not keeping tabs on public money in recent years.
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August 02, 2024
SEC Narrows Its Rulemaking Focus As Election Looms
The U.S. Securities and Exchange Commission's aggressive rulemaking spree is showing signs of dwindling as November elections loom, although several proposals could be primed for autumn votes if regulators wish to tackle hot-button topics.
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August 02, 2024
GC Cheat Sheet: The Hottest Corporate News Of The Week
The DOJ unveiled its pilot program to reward whistleblowers who alert prosecutors to significant corporate misconduct — though the rollout didn't come without criticism from attorneys — and a new report determined that class actions accusing companies of deceiving investors about their AI capabilities are on the rise this year.
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August 02, 2024
More Tribes Suing Social Media For Teen Addiction, Suicides
Two more Native American tribes have filed suit against a slew of social media companies, alleging that over the past decade they've contributed to a growing body of research that directly links their platforms to a youth mental health crisis that's plaguing Indian Country.
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August 02, 2024
Monitor Says HCA Possibly Flouted Promises In Hospital Deal
The independent monitor tasked with ensuring HCA Healthcare has complied with an agreement that cemented its $1.5 billion acquisition of a North Carolina health system has said the for-profit network may have deviated from those promises, according to a new report.
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August 02, 2024
DOJ Sues TikTok For Sweeping Children's Privacy Breaches
The U.S. Department of Justice on Friday hit TikTok and its parent company with a highly anticipated lawsuit accusing the short-form video app of engaging in "widespread" violations of children's privacy law by collecting a "wide variety" of personal information from kids under 13 without parental consent.
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August 01, 2024
Avantor Will Pay $5M To Settle FCA Claims Against Subsidiary
Biotech company Avantor Inc. has agreed to shell out $5 million to resolve allegations its laboratory supplies subsidiary VWR International overcharged federal agencies for goods despite agreeing to give discounts, a federal prosecutor announced on Thursday.
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August 01, 2024
More 'Equitable' Banking? This Ex-Biden Official Has A Plan
A former Biden U.S. Treasury Department official on Thursday outlined a progressive policy agenda that could provide a road map for bank regulators in the next administration, saying there's more that can and should be done to make the banking system stronger and fairer.
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August 01, 2024
GPB Capital Execs Convicted Of Fraud For $1.8B Scheme
A New York federal jury on Thursday convicted former GPB Capital executives of wire and securities fraud charges stemming from allegations they ran the private equity fund like a $1.8 billion Ponzi scheme, according to an announcement from the U.S. Department of Justice.
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August 01, 2024
SEC Wants Win In Suit Over Ex-Morgan Stanley Rep's Scam
The U.S. Securities and Exchange Commission has asked a North Carolina federal judge for a win in a lawsuit against an ex-Morgan Stanley representative serving time for running a $4.8 million Ponzi scheme, arguing summary judgment is proper given the seven-year prison sentence and penalties issued against the defendant in the parallel criminal case.
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August 01, 2024
Mich. Ruling Ushers In Sweeping Paid Leave, Wage Changes
The Michigan Supreme Court raised the minimum wage and dramatically expanded the number of employers who must soon provide workers with paid sick leave in a blockbuster end-of-term ruling Wednesday that adds new compliance burdens and potential liability for employers, attorneys told Law360.
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August 01, 2024
Mich. Justices Uphold Tighter Manure Discharge Regs
A split Michigan Supreme Court on Wednesday upheld state regulators' increased protective permit conditions for animal feeding operations and said challengers to those conditions must fully exhaust administrative appeals before they can bring the issue to court.
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August 01, 2024
DOJ Unveils Whistleblower Pilot, But Garners Atty Criticism
The U.S. Department of Justice on Thursday officially launched its pilot program to reward whistleblowers who alert prosecutors to significant corporate misconduct, although some whistleblower attorneys decried the program's award caps and what they described as its lack of enforceability.
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August 01, 2024
Ohio Justices Reject Rival Utility Co.'s Rate Plan Challenge
The Supreme Court of Ohio unanimously rejected a rival electricity generator's argument that AEP Ohio was illegally subsidizing its competitive electric generation services with money paid by non-generation customers in its service territory, upholding a state utility regulator's approval of its rate plan.
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August 01, 2024
Conservation Groups Take Aim At ESA Regs
Conservation groups are asking a California federal judge to throw out Endangered Species Act regulations put forward earlier this year, claiming federal agencies shortchanged their environmental review duties and moved ahead with changes that will harm the imperiled plants and animals the statute is supposed to protect.
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August 01, 2024
Feds Say Farmworkers Should Have Sued State Over Wages
The U.S. Department of Labor has urged a Washington federal court to toss a farmworker union's challenge to policies governing the prevailing wage, saying the union's issues actually stem from how state officials interpreted federal rules governing the wage rate.
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August 01, 2024
BNY's Pershing Hit With $1.4M FINRA Recordkeeping Fine
BNY subsidiary Pershing will pay the Financial Industry Regulatory Authority a $1.4 million fine to resolve claims that it misstated interest rates for variable rate securities on millions of account statements for more than 12 years.
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August 01, 2024
DOD Defends Designating Tech Firm As Chinese Military Co.
The U.S. Department of Defense defended its decision to designate light section and ranging technology firm Hesai Technology Co. Ltd. as a Chinese military company, telling a District of Columbia federal judge that there exists "substantial evidence" that the company is affiliated with the Chinese Ministry of Industry and Information Technology.
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August 01, 2024
Grayscale Wants Rival's $2M Conn. Trade Practices Suit Nixed
Grayscale Investments LLC has asked a Connecticut state court judge to toss a suit launched by asset management firm Osprey Funds LLC, alleging that Grayscale falsely advertised its services in order to lure investors, saying the amended complaint fails to state a claim and, therefore, must be "stricken in its entirety."
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August 01, 2024
Apple Says DOJ Is Looking For 'Judicial Redesign' Of IPhone
Apple Inc. urged a New Jersey federal judge Thursday to throw out the U.S. Department of Justice's antitrust lawsuit, calling claims of restricted app access meant to lock users into the iPhone as a government effort to control protocols the company contends are needed to ensure security and reliability.
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August 01, 2024
Boeing, Spirit Aerosystems Escape Calif. Door Blowout Suit
A California federal judge on Wednesday tossed Boeing and supplier Spirit AeroSystems from a product liability lawsuit brought by passengers aboard the Alaska Airlines flight that experienced a midair door plug blowout in January, finding that the Golden State court lacks jurisdictional authority over two of the three defendants.
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August 01, 2024
Pirate Broadcaster Hit With Max Fine For Ignoring FCC
If the FCC could have fined the pirate radio station that it says has been operating out of the Bronx for years a penny more, it would have, but the agency ended up levying the maximum fine of just over $2.3 million against the operator of the station.
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August 01, 2024
6th Circ. Puts Net Neutrality Rule On Ice During Appeals
The Sixth Circuit on Thursday granted industry groups' bid to put a hold on the Federal Communications Commission's net neutrality rules while appellate court challenges play out, saying there is a strong chance that internet service providers will eventually prevail.
Expert Analysis
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New State Climate Liability Laws: What Companies Must Know
New legislation in Vermont and New York creating liability and compliance obligations for businesses deemed responsible for climate change — as well as similar bills proposed in California, Massachusetts and Maryland — have far-reaching implications for companies, so it is vital to remain vigilant as these initiatives progress, say Gregory Berlin and Jeffrey Dintzer at Alston & Bird.
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Analyzing FDA Draft Guidance On Clinical Trial Diversity
In light of the U.S. Food and Drug Administration's draft guidance on clinical trial diversity action plans, there are several important considerations for sponsors and clinical researchers to keep in mind to prevent delay in a drug or device application, say attorneys at Crowell & Moring.
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Justices' Criminal Law Decisions: The Term In Review
Each of the 11 criminal decisions issued in the U.S. Supreme Court’s recently concluded term is independently important, but taken together, they reveal trends in the court’s broader approach to criminal law, presenting both pitfalls and opportunities for defendants and their counsel, says Kenneth Notter at MoloLamken.
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What's New In The AI Healthcare Regulatory Space
Attorneys at Hogan Lovells review the current legal and regulatory landscape for artificial intelligence applications in healthcare, touching on policies around safety, transparency, nondiscrimination and reimbursement, and what to expect in the future.
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Takeaways From EU's Initial Findings On Apple's App Store
A deep dive into the European Commission's recent preliminary findings that Apple's App Store rules are in breach of the Digital Markets Act reveal that enforcement of the EU's Big Tech law might go beyond the literal text of the regulation and more toward the spirit of compliance, say William Dolan and Pratik Agarwal at Rule Garza.
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Despite Calif. Delays, Climate Disclosure Rules Are Coming
Progress continues on state, federal and international climate disclosure regimes, making compliance a key concern for companies — but the timeline for implementation of California's disclosure laws remains unclear due to funding and timing disputes, says David Smith at Manatt Phelps.
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How To Comply With Chicago's New Paid Leave Ordinance
Chicago's new Paid Leave and Paid Sick and Safe Leave Ordinance went into effect earlier this month, so employers subject to the new rules should update leave policies, train supervisors and deliver notice as they seek compliance, say Alison Crane and Sarah Gasperini at Jackson Lewis.
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Cyber Incident Response Checklist For SEC Compliance
In light of recent guidance from the U.S. Securities and Exchange Commission, which clarified the distinction between two types of cybersecurity incident disclosures, companies should align their materiality assessment, incident response and disclosure control processes to bolster compliance and provide a measure of protection, say attorneys at Troutman Pepper.
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Expect CFPB To Enforce Warning Against 'Coercive' Fine Print
The recent Consumer Financial Protection Bureau warning against unenforceable terms "deceptively" slipped into the fine print of contracts will likely be challenged in court, but until then, companies should expect the agency to treat its guidance as law and must carefully scrutinize their consumer contracts, say attorneys at Ballard Spahr.
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Loss Causation Ruling Departs From Usual Securities Cases
A California federal court recently dismissed Ramos v. Comerica, finding that the allegations failed to establish loss causation, but the reasoning is in tension with the pleading-stage approaches generally followed by both courts and economists in securities fraud litigation, say Jesse Jensen and Aasiya Glover at Bernstein Litowitz.
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PAGA Reforms Encourage Proactive Employer Compliance
Recently enacted reforms to California's Private Attorneys General Act should make litigation under the law less burdensome for employers, presenting a valuable opportunity to streamline compliance and reduce litigation risks by proactively addressing many of the issues that have historically attracted PAGA claims, say attorneys at Mintz.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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How Tech Trackers May Implicate HIPAA After Hospital Ruling
A recent Texas federal court order in American Hospital Association v. Becerra adds a legal protection on key data, clarifying when tracking technologies implicate the Health Insurance Portability and Accountability Act, so organizations should ensure all technology used is known and accounted for, say John Howard and Myriah Jaworski at Clark Hill.
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'Outsourcing' Ruling, 5 Years On: A Warning, Not A Watershed
A New York federal court’s 2019 ruling in U.S. v. Connolly, holding that the government improperly outsourced an investigation to Deutsche Bank, has not undercut corporate cooperation incentives as feared — but companies should not completely ignore the lessons of the case, say Temidayo Aganga-Williams and Anna Nabutovsky at Selendy Gay.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.