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Compliance
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January 22, 2025
Exxon Says Investors Shared Confidential Info With Ex-Worker
Exxon Mobil Corp. has urged a Texas federal judge to reject investors' broad reading of what confidential information they're allowed to share and with whom in litigation accusing the oil giant of overvaluing its Permian Basin holdings by billions of dollars.
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January 22, 2025
FCC's New Chair Names Agency Leaders, Staff
The new Republican head of the Federal Communications Commission has put together his team and named career officials to lead key branches of the agency.
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January 22, 2025
Hotel Guests Urge 3rd Circ. To Revive Algorithmic Pricing Suit
Guests accusing Atlantic City hotel-casino owners of inflating room rates by using the same software have told the Third Circuit that a lower court was wrong to rely on a similar case targeting room rates in Las Vegas when dismissing their claims.
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January 22, 2025
Feds Trim Spine-Implant Kickback Case Ahead Of Trial
A Massachusetts federal judge has granted a motion by prosecutors to drop bribery charges against a maker of spinal implant devices and whittle down the case against two of its former executives.
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January 22, 2025
Full DC Circ. Stands By Wipeout Of FERC Pipeline Approvals
The D.C. Circuit has rejected Williams Cos.' requests to reconsider a panel's decision scrapping Federal Energy Regulatory Commission approvals of a five-state expansion of the company's Transco pipeline system, despite more than a half-dozen amicus parties backing the rehearing requests.
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January 22, 2025
Amazon Drivers Want Class Cert. In Suit Alleging Unpaid Tips
Amazon Flex delivery drivers urged a Washington federal court to certify a 150,000-member class in their lawsuit accusing the company of violating Evergreen State laws by withholding portions of drivers' tips, saying they were all impacted by the same unlawful practice.
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January 22, 2025
Army, SD Tribe Fight For Early Win In Dakota Access Row
The Standing Rock Sioux Tribe and the U.S. Army Corp of Engineers are both asking for early wins in a challenge to shut down the Dakota Access Pipeline over alleged violations of federal environmental laws.
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January 22, 2025
Husch Blackwell Adds To Growing Consumer Financial Bench
Husch Blackwell LLP has hired a former Alston & Bird LLP consumer financial attorney who represents auto finance and financial technology companies in regulatory, compliance and enforcement matters before a range of federal agencies, the firm announced Tuesday.
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January 22, 2025
White House Shutters DEI Offices, Puts Workers On Leave
The U.S. Office of Personnel Management told federal agencies to close offices focused on diversity, equity and inclusion initiatives by Wednesday evening and lay off staffers by Jan. 31, part of President Donald Trump's larger efforts to combat workplace diversity programs.
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January 22, 2025
DOJ Aims To Prosecute Local Officials Who Impede Removals
The U.S. Department of Justice instructed its staff to investigate and take enforcement actions against state and local officials who interfere with the Trump administration's plans to deport unlawfully present immigrants, according to an internal agency memo.
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January 22, 2025
Trump Defangs Labor Dept.'s Contractor Bias Watchdog
President Donald Trump eliminated on Tuesday a core legal authority from the 1960s that the Office of Federal Contract Compliance Programs used to stop federal contractors from discriminating against workers, part of a broader salvo against diversity, equity and inclusion programs in employment.
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January 21, 2025
Key Justices Stay Quiet As High Court Weighs FCC Deference
Several U.S. Supreme Court justices on Tuesday appeared open to giving district courts more leeway to review the Federal Communciations Commission's tome of regulations under the Telephone Consumer Protection Act, although the two justices expected to cast pivotal votes refrained from posing questions.
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January 21, 2025
What Gov't Contractors Must Know About Trump Exec Actions
President Donald Trump's flood of executive orders following his inauguration included a number of measures targeted at or broadly affecting federal contractors, such as lifting Biden administration antidiscrimination and climate change-related requirements and restarting border wall construction.
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January 21, 2025
Citi Can't Escape NYAG's Wire Fraud Protection Suit
A Manhattan federal judge on Tuesday declined to free Citibank NA from a lawsuit filed by New York's attorney general, who accuses the bank of failing to protect and reimburse customers who have lost money to online wire fraud.
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January 21, 2025
Del. Justices Seal Oracle's Win In $9.3B NetSuite Merger Suit
The Delaware Supreme Court on Tuesday affirmed the Chancery Court's toss last year of a challenge to Oracle Corp.'s $9.3 billion acquisition of NetSuite Corp. in 2016, saying the Chancery did not err in finding that the transaction was untainted from influence by Oracle's management or its founder and top shareholder.
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January 21, 2025
SEC Sues Ex-Investment Firm Reps, GC Over 'Sham' Energy Co.
The U.S. Securities and Exchange Commission has accused former representatives of a wealth management firm of selling shares of a "sham" oil and gas company, and separately accused the firm's general counsel and chief compliance officer of playing an "active role" in the alleged misconduct by drawing up liability releases for the firm.
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January 21, 2025
Navy, Tetra Tech Strike $97M Deal Over Navy Cleanup Work
The U.S. Navy and a Tetra Tech unit have reached two settlements amounting to $97 million, resolving claims the subsidiary billed the Navy for radiation remediation services at a former Navy shipyard in San Francisco that it did not actually perform.
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January 21, 2025
EPA Defends Power Plant Effluent Rule At 8th Circ.
The U.S. Environmental Protection Agency is asking the Eighth Circuit to reject challenges to its rule setting new wastewater limitations for coal-fired power plants that have been lodged by green groups, Republican-led states, utilities and industry organizations.
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January 21, 2025
The Legal And Practical Questions Around Trump's WHO Exit
President Donald Trump’s first-day order setting in motion the United States’ withdrawal from the World Health Organization could leave the nation less prepared for global health threats and trigger legal clashes over the president’s authority to act unilaterally.
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January 21, 2025
BofA Sued Over Credit Card Rewards 'Bait And Switch'
Bank of America has been hit with a proposed class action in Massachusetts federal court accusing it of failing to make good on a credit card reward bonus offer, an issue the Consumer Financial Protection Bureau previously warned banks about.
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January 21, 2025
FCC Floats Rules For Emerging Flight Technologies
The Federal Communications Commission wants to open the 450 megahertz band up to drones and manned aircraft that land and take off vertically and has proposed rules that will "facilitate the robust use of the band at a range of altitudes."
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January 21, 2025
EPA Tells DC Circ. Its PFAS Superfund Rule Is On Solid Ground
The U.S. Environmental Protection Agency has claimed that it is perfectly within its authority to label two forever chemicals as "hazardous substances" under the federal Superfund law, urging the D.C. Circuit to toss an industry group's challenge to its designation powers.
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January 21, 2025
EPA Tells Justices That Air Pollution Cases Belong In DC Circ.
The U.S. Environmental Protection Agency is urging the nation's highest court to rule that most judicial challenges to its air pollution rules belong in the D.C. Circuit, while small petroleum refiners say other, regional circuit courts are proper venues.
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January 21, 2025
Trump EV Rollbacks Spell Regulatory Whiplash For Auto Cos.
President Donald Trump's rollback of Biden administration policies intended to accelerate the U.S. auto industry's movement toward electric vehicles creates new uncertainties for a domestic EV supply chain that was already grappling with slowing consumer demand, experts say.
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January 21, 2025
Coinbase Asks 2nd Circ. To Settle Crypto Securities Question
Coinbase has urged the Second Circuit to settle how securities laws apply to its crypto transactions, saying "there is no more pressing issue in securities law today" than determining the U.S. Securities and Exchange Commission's ability to regulate digital assets.
Expert Analysis
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Where Payments Law And Regulation Are Headed In 2025
The Trump administration will likely bring significant changes to payments regulations in 2025, but maintaining internal compliance efforts in the absence of robust federal oversight will remain key as state authorities and private plaintiffs step into the breach, say attorneys at Stinson.
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What To Expect From Federal Cybersecurity Policy In 2025
There are 12 cyber policy questions to keep an eye on as the new administration and Republican control of Congress present an opportunity to advance less regulatory approaches and revisit some choices from the prior administration, say attorneys at Wiley.
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Republican Trifecta Amplifies Risks For Cos. In 3 Key Areas
Expected coordination between a Republican Congress and presidential administration may expose companies to simultaneous criminal, civil and congressional investigations, particularly with regard to supply chain risks in certain industries, government contracting and cross-border investment, say attorneys at Morgan Lewis.
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2 Cases May Signal Where FTC Is Headed On Labor Issues
Two recent Federal Trade Commission challenges to no-hire clauses in agreements between building service firms and their customers include comments by future FTC Chair Andrew Ferguson that may offer insight into the direction the FTC is headed on labor issues, says Michael Wise at Squire Patton.
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5 Evolving Concerns For Family Offices In 2025
Complex regulatory changes and emerging operational risks will force family offices to stay on their toes in 2025, with timely action particularly necessary to address several tax and reporting developments that may affect their investments and business operations, say attorneys at Morgan Lewis.
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New Law In NY Places Employee NIL Rights In Spotlight
New York recently became the first state to codify name, image and likeness rights for models, but as such protections seemingly expand for individual employees across industries, employers may want to brush up on related case law, and update their handbooks and policies accordingly, says Timothy Bechen at Woods Rogers.
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Updated HIPAA Rule Is A Necessary Step For Data Protection
The U.S. Department of Health and Human Services' updated rules addressing cybersecurity threats in healthcare will necessitate significant investment in technology, training and compliance infrastructure, but are an essential evolution in safeguarding data in an increasingly digital world, say attorneys at Clark Hill.
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National Trust Bank Charter Can Widen Reach Of Fintech Cos.
U.S. fintech companies that want to expand nationwide are at a competitive disadvantage with foreign companies, which can much more easily branch into the U.S., but setting up a national trust bank charter could offer a path forward, say attorneys at Davis Wright.
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2024 Was A Banner Year For Shareholder Activism
Shareholder activism campaigns in 2024 continued at an elevated pace globally, with activist investors exploiting valuation gaps and pushing aggressively for corporate governance reforms, including the ouster of many companies' chief executives, a trend that could continue once President-elect Donald Trump takes office, say attorneys at Sidley.
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Expect A Big Shake Up At The EEOC Under 2nd Trump Admin
During President-elect Donald Trump’s second term, the U.S. Equal Employment Opportunity Commission is likely to significantly shift its focus and priorities, especially where workplace DEI initiatives, immigration enforcement, LGBTQ+ rights and pregnancy protections are concerned, say attorneys at Stoel Rives.
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Series
Illinois Banking Brief: All The Notable Legal Updates In Q4
While the last quarter of 2024 didn't bring any notable state financial legislation, Illinois banks did see developments in the challenge to the Interchange Fee Prohibition Act, and received some awaited guidance on credit line disclosures and bank-fintech relationships, say attorneys at Dykema.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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How Trump 2.0 May Change Business In Latin America
Companies in Latin America should expect to face more trade restrictions, tighter economic sanctions and enhanced corruption risks, as the incoming administration shifts focus to certain non-U.S. actors, most notably China, says Matteson Ellis at Miller & Chevalier.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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Impact Of Successful Challenges To SEC's Rulemaking Ability
In 2024, the U.S. Securities and Exchange Commission faced significant legal challenges to its aggressive rulemaking agenda as several of its rules were vacated by the Fifth Circuit, which could hinder the SEC's ability to enact rules extending beyond express statutory authority in the future, say attorneys at Debevoise.