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Compliance
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June 20, 2024
Patent Owners, Challengers Spar Over PTAB Rule Proposal
The U.S. Patent and Trademark Office's scaled-back package of Patent Trial and Appeal Board rules has drawn a mixed reaction from legal and industry groups, which offered praise and concern about both the proposal and the topics it does not address.
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June 20, 2024
5th Circ. Starts Clock For Redo Bid In CFPB Payday Rule Case
The Fifth Circuit said Wednesday that payday lender trade groups will have an opportunity to ask for another shot at litigating the validity of the Consumer Financial Protection Bureau's payday lending rule after their constitutional challenge fell flat at the U.S. Supreme Court.
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June 20, 2024
Trump Calls For Engoron's Recusal In Civil Fraud Case
Former President Donald Trump and other defendants fighting a $465 million civil fraud judgment called on New York Supreme Court Justice Arthur Engoron to recuse himself Thursday in light of a once-suspended real estate attorney's recent judicial misconduct claims, which have since sparked a judicial investigation.
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June 20, 2024
FDIC Expands Requirements For Big-Bank Resolution Plans
The Federal Deposit Insurance Corp. on Thursday adopted expanded resolution-planning requirements for large banks and approved a measure intended to cut down on delays in the agency's handling of bank merger applications.
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June 20, 2024
Colo.'s Opt-Out Interest Rate Law Halted In Trade Group Suit
A Colorado federal judge has temporarily barred the state from imposing more restrictive interest rate caps on consumer loans made by banks located outside of Colorado, siding with a coalition of lending groups seeking to invalidate a 2023 law aimed at reining in high-cost online loans.
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June 20, 2024
GM's Cruise To Pay Calif. $112K Fine Over Robotaxi Crash
Cruise LLC agreed to pay a $112,500 penalty for mishandling its response to an October accident involving a pedestrian and one of its autonomous vehicles, and promised to disclose additional data on any collisions to California regulators under a settlement agreement approved Thursday.
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June 20, 2024
Oprah Special Hiked Viacom Price, Archegos Trader Concedes
An attorney for Archegos Capital Management LP founder Bill Hwang attempted Thursday to undercut testimony that the hedge fund boss had total control over his portfolio companies, getting a key cooperator to agree that ViacomCBS Inc.'s share price was at one point boosted by Oprah Winfrey's interview with Prince Harry and Meghan Markle.
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June 20, 2024
UnitedHealth To Pay $1M To End NY AG Birth Control Probe
New York Attorney General Letitia James announced Thursday that UnitedHealthcare of New York Inc. will pay $1 million to end allegations that the company violated Empire State law by refusing to fully cover an oral contraceptive.
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June 20, 2024
Sutter Health Wins Trial Over $519M Double-Billing Claims
A California state judge has handed Sutter Health a win following a weeks-long bench trial last year over a whistleblower's claims that the nonprofit hospital network violated the state's insurance fraud prevention statutes and owes $519 million for allegedly double-billing for certain operating-room services without documentation.
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June 20, 2024
Competition Raids Don't Need Warrant For Emails, ECJ Told
European Union law doesn't bar member states from permitting competition authorities to search emails without a warrant amid a so-called dawn raid, according to an advisory opinion submitted to the bloc's top appeals court Thursday.
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June 20, 2024
Ex-Popular Bank VP Convicted Of COVID Aid Fraud
A former vice president and manager of a New York branch of Popular Bank was convicted by a Brooklyn federal jury of fraudulently obtaining money from two pandemic-era aid programs.
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June 20, 2024
FCC Allows Top-4 Exception So Gray Can Sell Station
The Federal Communications Commission has granted an exception to its rule prohibiting ownership of stations carrying more than one top-four network in a local market, allowing Gray Television to sell a Cheyenne, Wyoming, station as part of a larger deal.
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June 20, 2024
Vegas Papers Can't Pause Suit Amid Trim Appeal, Judge Says
Rival Las Vegas newspapers won't see their acrimonious antitrust dispute placed on ice while the Ninth Circuit contemplates reversal of a partial dismissal order in the matter with no trial dates in place yet, a Nevada federal judge has determined.
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June 20, 2024
Carbon Capture Struggles Doom EPA Rule, DC Circ. Told
Challengers of the U.S. Environmental Protection Agency's new greenhouse gas emissions standards for power plants reiterated to the D.C. Circuit that the impossibility of rapidly installing carbon capture and sequestration at power plants is reason enough to block the rule's implementation.
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June 20, 2024
Assa Abloy Says Deal Monitor Going Too Far
Assa Abloy has told a D.C. federal court that a monitoring trustee installed after the company settled a government merger challenge is taking things too far by trying to conduct a five-year, industry-wide study that's on pace to cost the company $20 million.
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June 20, 2024
EPA Water Rule Withstands Landowner's Attempt To Block It
A North Carolina federal judge declined to block the federal government's rule defining the scope of the Clean Water Act in a lawsuit filed by a landowner seeking to develop property in wetlands areas.
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June 20, 2024
2nd Circ. Affirms AIG's Win In Ex-Atty's Retaliation Suit
A former legal executive's retaliation lawsuit against American International Group Inc. has fizzled out as the Second Circuit on Thursday upheld an earlier ruling that found he was not fired for blowing the whistle on alleged fraud.
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June 20, 2024
Federal Agencies Release Updated Climate Adaptation Plans
More than 20 federal agencies on Thursday published updated climate adaptation plans that are intended to serve as guides for facing problems like extreme heat and precipitation, sea level rise, flooding and wildfire that could put facilities, supply chains and employees at risk.
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June 20, 2024
Faegre Drinker Hires New State AGs Practice Co-Leader In NY
Faegre Drinker Biddle & Reath LLP has tapped a new co-leader for its national state attorneys general practice, who has also joined the firm's litigation group as a partner in its New York City office, the firm announced Tuesday.
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June 20, 2024
Tax Preparer With $38M In Refunds Cops To S-Corp. Scam
The owner of a tax preparation business that secured $38 million in federal refunds for customers pled guilty to helping prepare false returns and admitted he required clients to establish empty corporations to lower their tax bills illegally, according to his plea agreement in a California federal court.
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June 18, 2024
Newsom, Legislators Reach Agreement On PAGA Reform
California Gov. Gavin Newsom and state legislative leaders on Tuesday unveiled reforms to California's Private Attorneys General Act, including major changes to the law's penalty structure, changes they say will avoid a "contentious" ballot measure campaign.
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June 18, 2024
High Court Petition Asks Justices: What's A 'Willful' Kickback?
Does a "willful" act under federal anti-kickback law require a defendant to know that the conduct violates the law? That's the question a whistleblower is asking the U.S. Supreme Court to answer in order to resolve what the petition calls a circuit split on a key question of federal fraud prosecutions.
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June 18, 2024
RR Donnelley Pays $2.1M To Settle SEC Claims Over Hack
Marketing and communications giant R.R. Donnelley & Sons has reached a deal with the U.S. Securities & Exchange Commission to pay over $2.1 million to settle claims over a 2021 cybersecurity incident that stemmed from poor internal controls and disclosure failures, the agency announced Tuesday.
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June 18, 2024
Amazon Hit With $5.9M Fine For Violating Calif. Quota Law
California's labor commissioner has fined Amazon $5.9 million for violating the Golden State's Warehouse Quotas Law, which requires employers to give workers written notice of any quotas they must follow, according to a Tuesday announcement.
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June 18, 2024
SEC's Ether Orders Spur Hope For Crypto, Caution From Attys
The crypto industry received a step toward clarity when the U.S. Securities and Exchange Commission's approval of exchange-traded products holding the token ether signified the cryptocurrency isn't a security subject to SEC regulation, but attorneys say they remain cautious when counseling clients on how to deal in the asset.
Expert Analysis
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8 Questions To Ask Before Final CISA Breach Reporting Rule
The Cybersecurity and Infrastructure Security Agency’s recently proposed cyber incident reporting requirements for critical infrastructure entities represent the overall approach CISA will take in its final rule, so companies should be asking key compliance questions now and preparing for a more complicated reporting regime, say Arianna Evers and Shannon Mercer at WilmerHale.
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Is The Digital Accessibility Storm Almost Over?
Though private businesses have faced a decadelong deluge of digital accessibility complaints in the absence of clear regulations or uniformity among the courts, attorneys at Epstein Becker address how recent federal courts’ pushback against serial Americans with Disabilities Act plaintiffs and the U.S. Department of Justice’s proposed government accessibility standards may presage a break in the downpour.
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PE In The Crosshairs Of Public And Private Antitrust Enforcers
A series of decisions from a California federal court in the recently settled Packaged Seafood Products Antitrust Litigation, as well as heightened scrutiny from federal agencies, serve as a reminder that private equity firms may be exposed to liability for alleged anti-competitive conduct by their portfolio companies, say attorneys at Axinn.
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Series
Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.
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Mid-2024 FCA Enforcement And Litigation Trends To Watch
Reviewing notable False Claims Act trends and enforcement efforts in the last year and a half reveals that healthcare is a key enforcement priority for the U.S. Department of Justice, and the road ahead may bring clarification on Anti-Kickback Statute causation and willfulness standards, along with increased focus on private equity, cybersecurity and self-disclosure, say attorneys at Epstein Becker.
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Key Priorities In FDIC Report On Resolving Big Bank Failures
The Federal Deposit Insurance Corp.'s report last month on the resolvability of large financial institutions contains little new information, but it does reiterate key policy priorities, including the agency's desire to enhance loss-absorbing capacity through long-term debt requirements and preference for single-point-of-entry resolution strategies, say attorneys at Freshfields.
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Justices' Title VII Ruling Requires Greater Employer Vigilance
The U.S. Supreme Court’s recent Muldrow v. St. Louis ruling expands the types of employment decisions that can be challenged under Title VII, so employers will need to carefully review decisions that affect a term, condition or privilege of employment, say attorneys at Morgan Lewis.
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Opinion
SEC Should Be Allowed To Equip Investors With Climate Info
The U.S. Securities and Exchange Commission's new rule to require more climate-related disclosures will provide investors with much-needed clarity, despite opponents' attempts to challenge the rule with misused legal arguments, say Sarah Goetz at Democracy Forward and Cynthia Hanawalt at Columbia University’s Sabin Center for Climate Change.
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8 Fla. Statutes That Construction Cos. Should Prepare For
In this article, Jason Lambert at Hill Ward discusses a number of recent bills out of the Florida Legislature targeting construction companies in the Sunshine State that have been sent to the governor for signature, at least some of which will have broad impacts that affected companies should prepare for ahead of the July 1 effective date.
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Manufacturers Should Pay Attention To 'Right-To-Repair' Laws
Oregon’s recently passed "right-to-repair" statute highlights that the R2R movement is not going away, and that manufacturers of all kinds need to be paying attention to the evolving list of R2R statutes in various states and consider participating in the process, says Courtney Sarnow at Culhane.
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Microplastics At The Crossroads Of Regulation And Litigation
Though there are currently not many federal regulations specifically addressing microplastics as pollutants, regulatory scrutiny and lawsuits asserting consumer protection claims are both on the rise, and manufacturers should take proactive steps to implement preventive measures accordingly, say Aliza Karetnick and Franco Corrado at Morgan Lewis.
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New Federal Bill Would Drastically Alter Privacy Landscape
While the recently introduced American Privacy Rights Act would eliminate the burdensome patchwork of state regulations, the proposed federal privacy law would also significantly expand compliance obligations and liability exposure for companies, especially those that rely on artificial intelligence or biometric technologies, says David Oberly at Baker Donelson.
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How Cos. Can Comply With New PFAS Superfund Rule
The U.S. Environmental Protection Agency's new rule designating two per- and polyfluoroalkyl substances as "hazardous substances" under the Superfund law will likely trigger additional enforcement and litigation at sites across the country — so companies should evaluate any associated reporting obligations and liability risks, say attorneys at Alston & Bird.
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How EB-5 Regional Centers Can Prepare For USCIS Audits
In response to the recently announced U.S. Citizenship and Immigration Services guidelines that require EB-5 regional center audits every five years to verify their compliance with immigration and securities laws, regional centers should take steps to facilitate a seamless audit process, say Jennifer Hermansky and Miriam Thompson at Greenberg Traurig.
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Social Media Free Speech Issues Are Trending At High Court
The U.S. Supreme Court's recent decision examining what constitutes state action on social media can be viewed in conjunction with oral arguments in two other cases to indicate that the court sees a need for more clarity regarding how social media usage implicates the First Amendment, say attorneys at Kean Miller.