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Compliance
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October 23, 2024
FCC To Probe Broadband, Cable And Phone Customer Service
The Federal Communications Commission is looking to find out how well the broadband, video distribution and phone industries are doing when it comes to customer service.
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October 23, 2024
Insurers Slam Mich. No-Fault Ruling As 'Judicial Activism'
A trade group representing Michigan insurers said an appellate court ruling in a medical provider's suit over nonpayment of auto insurance benefits could encourage gamesmanship in no-fault insurance litigation, in a friend-of-the-court brief filed on Tuesday with the state's top court.
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October 23, 2024
Penn State To Pay $1.25M To Resolve FCA Cybersecurity Suit
Pennsylvania State University will pay $1.25 million to settle a False Claims Act suit accusing it of failing to comply with cybersecurity requirements for defense and NASA contracts, the U.S. Department of Justice announced.
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October 23, 2024
American Airlines Fined $50 Million For Disability Violations
American Airlines received a $50 million penalty from the U.S. Department of Transportation Wednesday for "serious violations" of disability laws protecting people in wheelchairs, with the department saying the violations included injuring or mishandling disabled travelers, damaging their wheelchairs or failing to return the devices promptly.
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October 23, 2024
OpenAI Hires Uber Ethics Head As New Compliance Chief
OpenAI Inc. has brought on Uber Technologies Inc.'s chief ethics and compliance officer to head up its compliance department as it works to "build on [its] ongoing efforts to responsibly advance AI," the company said Tuesday.
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October 23, 2024
EPA Can't Restart Crafting Smog Rule, DC Circ. Told
A group of Democratic-led state governments is telling the D.C. Circuit that the Clean Air Act doesn't mandate reconsideration of the U.S. Environmental Protection Agency's 2023 "Good Neighbor" emissions regulation as two steel manufacturers say.
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October 23, 2024
Women's White Collar Org Hits Milestone Amid Steady Growth
Mirroring the fast growth of white collar law since the start of the century, the Women's White Collar Defense Association has announced that in its 25th year, the diversity-focused organization has launched a chapter in its 50th location with an expansion to Virginia.
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October 23, 2024
Roche CEO Says Novo-Catalent Deal Should Be Blocked
The CEO of Swiss pharmaceutical company Roche injected himself into the controversy surrounding Novo Holdings' planned $16.5 billion acquisition of Catalent on Wednesday, stating that he thinks antitrust authorities should block the deal due to its anticompetitive implications.
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October 23, 2024
Ex-SEC Atty, Fintech GC Joins Stradling's Securities Team
Stradling Yocca Carlson & Rauth PC has added a former fintech general counsel and U.S. Securities and Exchange Commission attorney, reinforcing the firm's offerings for companies facing enforcement investigations or grappling with other compliance issues.
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October 23, 2024
Feds Urge High Court To Deny Cig Cos.' Bid To Ax New Rule
The U.S. Food and Drug Administration is asking the U.S. Supreme Court not to grant certiorari to a group of tobacco companies aiming to vacate a rule requiring larger warnings on cigarette boxes, saying the Fifth Circuit rightly found the proposed warnings don't violate the First Amendment's protection against compelled speech.
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October 23, 2024
Mercedes, Staffing Firm Failed To Pay OT, Ex-Worker Says
Mercedes-Benz and a staffing agency failed to pay a former employee at all for the hours she worked over 40 per week, let alone at the federally mandated time-and-a-half rate, she said in a suit filed in Georgia federal court.
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October 23, 2024
CFPB Says Goldman, Apple To Pay $89.8M Over Card Program
The Consumer Financial Protection Bureau said Wednesday that it has ordered Goldman Sachs and Apple to pay more than $89 million for alleged violations tied to their Apple-branded credit card partnership, including claims of mishandled customer disputes, misleading marketing and wrongful charges.
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October 22, 2024
Texas Firm 'Tortured' Barratry Case, Appeals Court Hears
A Texas law firm accused of ambulance chasing told a state appeals court that the opposition had "tortured" the case, saying during oral arguments Tuesday that Bandas Law Firm PC pursued the case merely as an extortion racket.
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October 22, 2024
Fraud Detector Inks $500K Deal In Webster Bank Breach Probe
A fraud detection vendor servicing Webster Bank NA will pay $500,000 to settle an investigation into a data breach that exposed the personal information of nearly 158,000 Connecticut residents, the state attorney general's office has announced.
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October 22, 2024
UFC Fighters Win Initial OK On $375M Wage Suppression Deal
A Nevada federal judge on Tuesday gave his blessing to a $375 million settlement resolving a group of former UFC fighters' claims that the organization for years underpaid match participants, the fighters' counsel confirmed.
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October 22, 2024
Ex-Yale Student Wants Full Acquittal Record Sent To DHS
An expelled Yale University student on Tuesday urged the Second Circuit to quickly vacate orders barring him from giving the U.S. Department of Homeland Security an unredacted transcript that resulted in his acquittal of sex crimes, saying a delay could seal his deportation and thus his execution by the Taliban.
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October 22, 2024
Wis. Voting Portal Fails Data Security Test, Suit Says
A pair of Wisconsin voters are pushing to stop the state from continuing to use an online voter registration system that they claim lacks adequate data security measures, including safeguards to prevent the dissemination of fraudulent absentee ballots, according to a lawsuit filed.
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October 22, 2024
Activist Short Seller's Associate To Pay $1.8M In SEC Fraud Suit
The U.S. Securities and Exchange Commission announced Tuesday that an associate of Andrew Left, founder of popular trading advice website Citron Research, has agreed to pay more than $1.8 million to resolve allegations that he negligently took part in a scheme to defraud readers through two trading recommendations.
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October 22, 2024
Ex-Google GC Must Be Investigated By Calif. Bar, Groups Say
A trio of groups led by the American Economic Liberties Project on Tuesday pressed the State Bar of California to investigate former Google general counsel Kent Walker for "coaching" the company to "engage in widespread and illegal destruction of records relevant to multiple ongoing federal trials."
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October 22, 2024
Walmart Pays $7.5M To End Hazardous Waste Disposal Suit
Walmart Inc. has agreed to pay $7.5 million to settle a lawsuit brought by the state of California and district attorneys of several counties who alleged the retail giant improperly disposed of hazardous and medical wastes from its locations to municipal landfills, Attorney General Rob Bonta announced on Tuesday.
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October 22, 2024
Supervisor Could've Prevented Electrician's Death, Widow Says
The widow of a man who was electrocuted told a Texas appeals court during oral arguments Tuesday that it wouldn't matter if there was a supervisor looking over the deceased man's shoulder, claiming the question never came up because there wasn't a qualified supervisor on site.
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October 22, 2024
Calif. Official Cops To Taking Bribes For $10M In Contracts
A member of the Orange County Board of Supervisors has admitted to steering $10 million worth of COVID-19 relief funds to a charity affiliated with his daughter in exchange for more than $500,000 in bribes, California federal prosecutors announced Tuesday.
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October 22, 2024
Ga. Tech Says No Basis For Feds' Cybersecurity FCA Suit
The Georgia Institute of Technology has urged a Georgia federal judge to toss a False Claims Act suit accusing the university of knowingly failing to comply with U.S. Department of Defense cybersecurity standards, saying those rules didn't apply to its research contracts.
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October 22, 2024
Ohio Pension Funds Say Boeing Puts Profits Over Safety
Two Ohio pension funds joined a Virginia federal lawsuit accusing Boeing executives and board members of putting profits over safety and regulatory compliance, causing a series of catastrophes and losing millions of dollars for investors, the Ohio Attorney General's Office said Tuesday.
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October 22, 2024
Crypto Bills Have Lame Duck Potential, Rep. Hill Says
The chair of the U.S. House's digital asset subcommittee said Tuesday he is "still optimistic" a market structure bill for crypto and a framework for so-called stablecoins might move forward in some way during the upcoming lame duck session of Congress.
Expert Analysis
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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.
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Complying With FTC's Final Rule On Sham Online Reviews
The Federal Trade Commission's final rule on deceptive acts and practices in online reviews and testimonials is effective Oct. 21, and some practice tips can help businesses avert noncompliance risks, say Airina Rodrigues and Jonathan Sandler at Brownstein Hyatt.
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7 Takeaways For Investment Advisers From FinCEN AML Rule
With a new FinCEN rule that will require covered investment advisers to implement anti-money laundering programs and comply with extra recordkeeping requirements by 2026, companies should begin planning necessary updates to their policies and procedures by focusing on seven of the rule’s key requirements, identified by attorneys at Simpson Thacher.
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Basics Of Collective Bargaining Law In Principle And Practice
Excerpt from Practical Guidance
Rebecca Bernhard and Jennifer Service at Barnes & Thornburg discuss the nuts and bolts of what the National Labor Relations Act requires of employers during collective bargaining, and translate these obligations into practical steps that will help companies prepare for, and succeed during, the negotiation process.
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Mich. Whistleblower Ruling Expands Retaliation Remedies
The Michigan Supreme Court's recent Occupational Health and Safety Act decision in Stegall v. Resource Technology is important because it increases the potential exposure for defendants in public policy retaliation cases, providing plaintiffs with additional claims, say Aaron Burrell and Timothy Howlett at Dickinson Wright.
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What VC Fund Settlement Means For DEI Grant Programs
An unexpected settlement in American Alliance for Equal Rights v. Fearless Fund, based on specific details of an Atlanta venture capital fund's challenged minority grant program, leaves the legal landscape wide open for organizations with similar programs supporting diversity, equity and inclusion to chart a path forward, say attorneys at Moore & Van Allen.
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Opinion
A Fuzzy Label With Bite: FTC Must Define Surveillance Pricing
The Federal Trade Commission recently issued orders to eight companies — including Mastercard, McKinsey and Chase — seeking information on "surveillance pricing," but the order doesn't explain the term or make the distinction between legal and illegal practices, leaving any company that uses personalized pricing in the dark, says Chris Wlach at Huge.
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Opinion
CMS' New 'Breakthrough' Device Policy Shows Little Promise
The Centers for Medicare & Medicaid Services’ recent procedural notice outlining a new Medicare coverage pathway for breakthrough medical devices will, at best, be a failed experiment and, at worst, result in Medicare beneficiaries denied access to innovative treatments, say attorneys at King & Spalding.
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Assessing Algorithmic Versus Generative AI Pricing Tools
A comparison of traditional algorithmic pricing models and those powered by generative artificial intelligence can help regulators and practitioners weigh the pros and cons of relying on large language models to price products or services, say Maxime Cohen at McGill University, and Tim Spittle and Jimmy Royer at Analysis Group.