Compliance

  • October 10, 2024

    SEC Sues Crypto Arm Of Proprietary Trading Firm DRW

    The U.S. Securities and Exchange Commission accused the crypto-focused subsidiary of proprietary trading firm DRW Holdings of operating as an unregistered securities dealer by effecting more than $2 billion in crypto transactions, according to a complaint filed Thursday in Illinois federal court.

  • October 10, 2024

    Trade Group, Enviros Clash Over EPA Methylene Chloride Rule

    American Chemistry Council and the Sierra Club are taking aim at the U.S. Environmental Protection Agency's methylene chloride rule, with the industry group telling the Fifth Circuit the agency overstepped when it outright banned most applications of the chemical for no valid reason and the conservation organization arguing it didn't go far enough.

  • October 10, 2024

    FCC Says Disabled Need More Access To Emergency Services

    The Federal Communications Commission still has work to do to make sure telecom services are accessible to people with disabilities, particularly those who are visually and hearing impaired, the agency revealed in a new report.

  • October 10, 2024

    FINRA Fines Citadel Securities, IMC Over Audit Trail Reporting

    Citadel Securities LLC and IMC Financial Markets agreed to fines of $1 million and $1.2 million, respectively, to settle allegations from the Financial Industry Regulatory Authority that they failed to accurately or timely report tens of billions of equity and option orders to the consolidated audit trail.

  • October 10, 2024

    Ejudicate Ran 'Bogus' Student Loan Arbitrations, CFPB Says

    The Consumer Financial Protection Bureau announced Thursday that it has banned private dispute resolution platform Ejudicate from arbitrating disputes about consumer financial products, saying the company misled student borrowers about its neutrality and initiated "bogus" arbitration proceedings.

  • October 10, 2024

    OpenAI Calls Musk's Fraud, RICO Suit A Harassing Biz Move

    OpenAI asked a California federal judge to toss Elon Musk's claims that the artificial intelligence venture and its top brass engaged in fraud by deciding to make OpenAI a for-profit company, claiming Musk "has been trying to leverage the judicial system for an edge" since launching a competing AI company.

  • October 10, 2024

    German Co. Can't Pause $194M Duties Case For Appeal

    A German company that allegedly owes $194 million in U.S. duties can't pause a lawsuit seeking payment to appeal an order allowing the complaint to be served, with the trade court saying Thursday that an appeal would delay the case.

  • October 10, 2024

    TD Bank Deal A $3B Lesson In Compliance, DOJ Official Says

    TD Bank's historic settlement with U.S. authorities over anti-money laundering violations should serve as a warning for compliance officials and executives at banks across the country, Deputy Attorney General Lisa Monaco said Thursday.

  • October 10, 2024

    Ex-Latham Atty Must Turn Over SEC Whistleblower Docs

    A New Jersey federal judge on Thursday ordered a retired Latham & Watkins LLP attorney to hand over communications between himself and two whistleblowers who tipped off the U.S. Securities and Exchange Commission to an alleged $73 million fraud after one of the whistleblowers dropped his objections to producing the documents.

  • October 10, 2024

    Oregon Gas Customers Sue Over 'Greenwashing' Program

    Northwest Natural Gas Co. has been accused by customers of engaging in "greenwashing" by advertising its Smart Energy program as a way for them to offset their natural gas emissions, while directing the program's funds to methane-generating industrial dairy farms.

  • October 10, 2024

    Homebuyers Tell 8th Circ. Broker Deal Gives Them Nothing

    Homebuyers are urging the Eighth Circuit to undo the approval of $208.5 million in settlements struck by real estate brokerages in the sprawling litigation over industry rules covering broker fees, saying the deals only provide money for sellers.

  • October 10, 2024

    Ga. Legislators Urge EPA To Better Regulate BioLab Chems

    Six high-ranking Georgia legislators called on U.S. Environmental Protection Agency Administrator Michael Regan to enhance federal oversight of facilities like the BioLab Inc. factory that caught fire and spewed chemical fumes across the metro Atlanta area in late September.

  • October 10, 2024

    Hurricane Delays Key Deadlines In NASCAR Antitrust Suit

    A North Carolina federal judge is delaying a key hearing in the ongoing monopoly suit between Michael Jordan's racing team and NASCAR, granting the motorsports league's request for more time as its employees deal with the impact of Hurricane Milton.

  • October 10, 2024

    SEC Urges 1st Circ. To Uphold $93M Win Over Financial Firm

    The U.S. Securities and Exchange Commission urged the First Circuit on Thursday to affirm its $93 million win against Commonwealth Financial Network for allegedly failing to disclose that it profited from clients using higher-fee funds when similar, lower-cost versions were available.

  • October 10, 2024

    Ill. Judge Sends SEC's Cherry-Picking Trading Claims To Trial

    An Illinois federal judge has refused to hand an investment adviser and his employer a pretrial win over the U.S. Securities and Exchange Commission's accusations of illegal cherry-picking, saying a jury must determine whether he engaged in the unlawful trading strategy.

  • October 10, 2024

    8th Circ. Won't Block EPA Power Plant Effluent Rule

    The Eighth Circuit rejected on Thursday efforts by nearly two dozen states, utility companies and trade groups to block the implementation of a U.S. Environmental Protection Agency rule setting new wastewater limitations for coal-fired power plants.

  • October 10, 2024

    Shield Satellite Radio From Interference, FCC Told

    Sirius XM told the Federal Communications Commission that continued attempts to open the 6 gigahertz band for low-power wireless devices could pose a threat to the satellite radio service's signals if strong protections are not put in place.

  • October 10, 2024

    SEC Says Adviser's $4M Scheme Included 'AI-Washing'

    The U.S. Securities and Exchange Commission on Thursday fined a California-based investment adviser that it said raised nearly $4 million through a series of false promises, including deceptive statements about artificial intelligence capabilities.

  • October 10, 2024

    Georgia Judge Rejects Extension Of Voter Registration Again

    A Georgia federal judge has shut the door on a last-ditch bid to extend Georgia's voter registration deadline thanks to disruptions from Hurricane Helene, saying Thursday that the civil rights groups pushing for the change couldn't show their members or voters had faced significant disenfranchisement.

  • October 10, 2024

    Housing Nonprofit Hits NY Town With Disability Bias Suit

    A housing nonprofit has claimed in New York federal court that local officials stopped the construction of an affordable housing project in the Hamptons because a lot of the units would go to people with mental health disabilities and military veterans, who would receive supportive services.

  • October 10, 2024

    Suits Over JPMorgan Cash Sweeps Program Merged In NY

    A New York federal judge has combined two proposed class actions accusing JPMorgan Chase of underpaying interest on customers' cash sweep accounts, a claim multiple banking giants are currently facing in consumer and regulatory actions.

  • October 10, 2024

    Teva To Pay $450M To Settle Kickback Cases

    Pharmaceutical giant Teva will pay $450 million to settle allegations it violated the False Claims Act by fixing the prices of several generic drugs and by raising the price of a multiple sclerosis treatment while covering Medicare recipients' copays, civil prosecutors said Thursday.

  • October 10, 2024

    Ripple Labs Files Cross-Appeal Of Judgment In SEC Suit

    Blockchain firm Ripple Labs on Thursday notified a New York federal judge of its intention to cross-appeal the judgment in its U.S. Securities and Exchange Commission enforcement case after the regulator kicked the decision to the Second Circuit last week.

  • October 10, 2024

    Sen. Warren, Novo At Odds On Merits Of $16.5B Deal

    Sen. Elizabeth Warren on Thursday raised the alarm on Novo Holdings' planned $16.5 billion purchase of Catalent, arguing the transaction could give Novo "unprecedented" control over the production of certain obesity drugs by Eli Lilly and other top competitors, but Novo insists the deal would give it no such edge.

  • October 10, 2024

    Calif. Says FDIC Must Wait For $21M Tax Refund

    A California tax agency urged a New York federal court to toss a lawsuit by the FDIC seeking a $20.7 million tax refund on behalf of the shuttered Signature Bank, saying it's entitled to wait for a possible IRS audit before delivering the payment.

Expert Analysis

  • Bank M&A Continues To Lag Amid Regulatory Ambiguity

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    Bank M&A activity in the first half of 2024 continued to be lower than in prior years, as the industry is recovering from the 2023 bank failures, and regulatory and macroeconomic conditions have not otherwise been prime for deals, say Robert Azarow and Amber Hay at Arnold & Porter.

  • FTC's Drug Middlemen Probe Highlights Ongoing Scrutiny

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    The Federal Trade Commission's interim staff report on its inquiry into pharmacy benefit managers suggests that the industry will remain under an enforcement microscope for the foreseeable future due to concerns about how PBMs affect drug costs and accessibility, say attorneys at Arnold & Porter.

  • Nuclear Power Can Help Industrial Plants Get To Net-Zero

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    In the race to fight climate change and achieve net-zero emissions, the industrial sector currently faces immense challenges — but the integration of nuclear energy is a promising solution, so companies should consider the financial and regulatory issues, opportunities, and risk-mitigating factors, say attorneys at Morgan Lewis.

  • Why The SEC Is Targeting Short-And-Distort Schemes

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    The U.S. Securities and Exchange Commission's recent crackdown on the illegal practice of short-and-distort trades highlights the urgent need for public companies to adopt proactive measures, including pursuing private rights of action, say attorneys at Baker McKenzie.

  • DOJ Paths To Limit FARA Fallout From Wynn's DC Circ. Win

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    After the D.C. Circuit’s recent Attorney General v. Wynn ruling, holding that the government cannot compel retroactive registration under the Foreign Agents Registration Act, the U.S. Department of Justice has a few options to limit the decision’s impact on enforcement, say attorneys at MoFo.

  • Series

    Playing Dungeons & Dragons Makes Me A Better Lawyer

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    Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.

  • A Look At The Regulatory Scrutiny Facing Liquid Restaking

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    Recent U.S. Securities and Exchange Commission enforcement actions highlight the regulatory challenges facing emerging financial instruments like liquid restaking tokens and services, say Daniel Davis and Alexander Kim at Katten.

  • 5 Insights Into FDIC's Final Rule On Big-Bank Resolution Plans

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    Although the Federal Deposit Insurance Corp.'s recently finalized rule expanding resolution planning requirements for large banks was generally adopted as proposed, it includes key changes related to filing deadlines, review and feedback, and incorporates lessons learned — particularly from last year's bank failures, say attorneys at Cleary.

  • Opinion

    Time To Reimagine The Novation Process For Gov't Contracts

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    The Federal Acquisition Regulatory Council, which recently extended a long-standing request for public comments on its novation procedures, should heed commenters' suggestions by implementing specific changes in its documentation requirements, thereby creating a more streamlined and practical novation process, say attorneys at Covington.

  • 3 Leadership Practices For A More Supportive Firm Culture

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    Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.

  • NLRB Ruling Highlights Rare Union Deauthorization Process

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    A recent National Labor Relations Board decision about a guard company's union authorization revocation presents a ripe opportunity for employees to review the particulars of this uncommon process, and employer compliance is critical as well, say Megann McManus and Trecia Moore at Husch Blackwell.

  • Cannabis Biz Real Estate Loan Considerations For Lenders

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    Now that cannabis sales are legal in some states, real estate lenders are interested in financing the land used by cannabis companies, but because cannabis sales are still illegal under federal law, lenders must make adjustments for cannabis-adjacent transactions, say Mark Levenson and Jeffrey Wendler at Sills Cummis.

  • New State Carbon Capture Laws: Key Points For Developers

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    Multiple states have introduced or expanded legal frameworks for carbon capture and sequestration this year, and while there are some common themes, many of these state laws include unique approaches and requirements — which developers and investors should be aware of when considering potential projects and investment risks, say attorneys at Arnold & Porter.

  • E-Discovery Quarterly: Rulings On Hyperlinked Documents

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    Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.

  • Enron Law Is Still Threat To Execs After Justices' Jan. 6 Ruling

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    While the U.S. Supreme Court’s recent Fischer v. U.S. decision is a setback for prosecutors’ obstruction charges against Jan. 6 defendants, it also represents a strong endorsement of the post-Enron Sarbanes-Oxley Act’s original purpose, serving as a corporate compliance reminder for executives, say Michael Peregrine and Ashley Hoff at McDermott.

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