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Compliance
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November 25, 2024
FTC's Antitrust Case Against Meta Gets April Trial Date
A D.C. federal court has set an April 14 trial date for the Federal Trade Commission's antitrust case accusing Meta of monopolizing personal social networking through its acquisitions of Instagram and WhatsApp.
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November 25, 2024
Broker Appeals For Pause of FINRA's 'Unconstitutional' Case
A Philadelphia-area broker challenging the constitutionality of Financial Industry Regulatory Authority's in-house proceedings told a Pennsylvania federal judge on Monday the regulator's case against him should be put on ice while he argues his case before the Third Circuit.
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November 25, 2024
TMX Moves For Emergency Block On $52M Pa. Fine Hearing
An affiliate of TMX Finance asked a Texas federal court to pause Pennsylvania regulators' efforts to enforce the state's anti-usury laws against it, claiming it faced a "Hobson's choice" of responding to an enforcement proceeding whose legality was being questioned, or waiving its arguments and facing a $52.7 million fine.
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November 25, 2024
Colo. Justices Take Up Political Donor Secrecy Case
The Colorado Supreme Court on Monday agreed to consider whether election officials were allowed to fine a conservative political group for refusing to disclose its donors after it spent millions of dollars on state ballot questions in 2020.
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November 25, 2024
Calif. Board Seeks Comment On AI Rules Amid Pushback
The California Privacy Protection Agency on Friday opened the public comment period for its latest rulemaking package proposing expansive draft rules regulating technologies fueled by artificial intelligence — including in the employment, education, healthcare, consumer protection, banking and insurance contexts — which business groups have already criticized as being overly broad and burdensome.
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November 25, 2024
4th Circ. Stands By HELOC 'Offset' Ruling Against PNC
The full Fourth Circuit has declined to reconsider a panel decision that extended protections under the Truth In Lending Act by barring banks from dipping into a cardholder's deposit account to cover outstanding payments on a home equity line of credit without the borrower's consent.
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November 25, 2024
Quarles & Brady Lands Buchalter Employment Duo In Calif.
Quarles & Brady LLP has brought on a pair of Buchalter PC employment attorneys as partners in its San Diego office, marking the Milwaukee-based firm's latest expansion in the Golden State since arriving there through a merger nearly two years ago.
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November 25, 2024
DOJ Says Realtor Commissions Deal Is No Antitrust Shield
The U.S. Department of Justice warned the National Association of Realtors that changes to broker commission rules agreed to in a settlement with home sellers do not shield the industry from government antitrust scrutiny.
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November 25, 2024
Cadwalader Adds Hughes Hubbard Investigations Co-Chair
Cadwalader Wickersham & Taft LLP said Monday that it was bolstering its compliance, investigations and enforcement team with the addition of a former U.S. Department of Justice prosecutor who most recently was a practice leader at Hughes Hubbard & Reed LLP.
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November 25, 2024
Housing Project Will Pollute Public Water, Conn. City Says
The construction of 16 houses in Ledyard, Connecticut, will contaminate the groundwater and endanger the drinking water supply for people living on the site, the city of Groton's water department said in an appeal of the project's approval to the state court.
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November 25, 2024
Condo Boards Likely Safe From Corporate Transparency Law
New corporate reporting requirements under an anti-money laundering law likely do not apply to condominium associations, a Massachusetts federal judge ruled.
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November 25, 2024
Trump 2.0 Expected To Maintain Tech Antitrust Cases
President-elect Donald Trump has promised dramatic changes with his pending second term, but antitrust practitioners are anticipating a return to normal after four years of an aggressive Biden administration that's seemed skeptical of big business on the whole, though they also don't expect enforcement to be lax.
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November 25, 2024
SDNY's Williams To Resign Before Trump Takes Office
Manhattan U.S. Attorney Damian Williams said Monday he will resign Dec. 13, clearing the way for President-elect Donald Trump's nominee, former U.S. Securities and Exchange Commission chair Jay Clayton, to run the office next year.
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November 25, 2024
High Court Refuses To Review FDA Cigarette Warning Rule
The U.S. Supreme Court on Monday said that it won't take up a challenge to a U.S. Food and Drug Administration rule requiring larger warnings on cigarette boxes, in a suit brought by tobacco companies.
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November 22, 2024
Split DC Circ. Punts On FINRA's Constitutionality
A partially divided D.C. Circuit panel on Friday blocked the Financial Industry Regulatory Authority from removing Alpine Securities Corp. from its membership rolls while the corporation sues in federal court to challenge the agency's constitutionality, which the appeals court declined to remark on.
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November 22, 2024
Real Estate Recap: AI, NY Rent Control, NEPA
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including one BigLaw partner's view of local governments leveraging artificial intelligence for land use, how landlords may challenge New York's rent laws following the latest High Court cert denial, and what a recent D.C. Circuit ruling could mean for National Environmental Policy Act interpretation.
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November 22, 2024
Sirius XM Cancellation Policies Flout Federal Law, Judge Says
A New York state judge held that Sirius XM Radio Inc.'s account cancellation policies, while not fraudulent, violate federal law by forcing consumers to call customer service and listen to drawn-out discount pitches before they're able to unsubscribe.
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November 22, 2024
MultiCare $2M Deal Ends Fed's ADA Missing Interpreter Probe
MultiCare Health Systems of Washington will set aside $2 million in compensation to end a federal civil rights investigation into complaints the hospital operator failed to provide interpreters for deaf-blind patients before and after surgery.
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November 22, 2024
Retirement Contributions Found Not Disposable In Ch. 13
A split Ninth Circuit on Friday held that voluntary contributions to employer-managed retirement plans are not disposable income under Chapter 13 bankruptcy, reversing a lower court's decision that required a debtor to include $484 in monthly retirement contributions in her disposable income.
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November 22, 2024
Texas Justices Say Court Bungled Ruling In Abortion Case
The Texas Supreme Court said Friday a lower appellate court tried to "prematurely drag the judiciary into highly contentious and politicized debates" around abortion without analyzing a key standing issue, jeopardizing Planned Parenthood's and other abortion rights groups' bid to invalidate the controversial Texas Heartbeat Act.
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November 22, 2024
Europe's Antitrust Enforcer Puts Apple E-Book Probe To Bed
The European Union's antitrust enforcer is dropping its probe into whether Apple's requirement that e-books and audiobooks be bought through in-app purchases in its App Store broke the bloc's competition rules.
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November 22, 2024
CFTC Advisers: Current Rules Work For Tokenized Collateral
A U.S. Commodity Futures Trading Commission advisory group on Friday brought the commodities regulator a step closer to clarifying the use of certain tokenized assets as collateral, voting to tell the commission that existing rules can apply to the use of blockchain-based, noncash collateral.
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November 22, 2024
Service Fees Not 'Incidental' To Debt Collection, 11th Circ. Told
Ocwen Loan Servicing LLC urged the Eleventh Circuit on Friday to reverse two Florida lower court judgments finding it violated debt collection practices with a fee to process phone or internet payments, saying it's not an illegal "incidental" charge because the borrower is paying for an optional service.
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November 22, 2024
Democratic SEC Member To Step Down Amid GOP Takeover
U.S. Securities and Exchange Commission member Jaime Lizárraga said Friday that he plans to step down before President-elect Donald Trump takes office, a day after SEC Chair Gary Gensler announced his plans to leave, further clearing the way for new Republican Party leadership.
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November 22, 2024
EPA Targets Stationary Combustion Turbine NOx Emissions
The Biden administration isn't letting Donald Trump's presidential election victory block its air pollution agenda, as it proposed a rule Friday that would strengthen limits on emissions of nitrogen oxides from new gas-fired power plants and other sources.
Expert Analysis
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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CFPB School Lunch Focus Could Expand E-Payment Scrutiny
The Consumer Financial Protection Bureau's recent spotlight on payment processing systems used to add funds to school lunch accounts shows its continued ambitions to further expand its supervisory power in the payments industry, all the way down to the school lunch market, says Tom Witherspoon at Stinson.
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How Project 2025 Could Upend Federal ESG Policies
If implemented, Project 2025, the Heritage Foundation's policy playbook for a Republican presidential administration, would likely seek to deploy antitrust law to target ESG initiatives, limit pension fund managers' focus to pecuniary factors and spell doom for the U.S. Securities and Exchange Commission's climate rule, say attorneys at Mintz.
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Opinion
Rental Price-Fixing Suit Against RealPage Doesn't Add Up
Recent government antitrust litigation against RealPage, alleging that the software company's algorithm for setting rental prices amounts to price-fixing, has failed to allege an actual conspiracy, and is an example of regulatory overreach that should be reined in, says Andrew Ketterer at Ketterer & Ketterer.
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Navigating FEMA Grant Program For Slope Fixes After Storms
In the aftermath of Hurricanes Helene and Milton, it is critical for governments, businesses and individuals to understand the legal requirements of the Federal Emergency Management Agency's grant programs to obtain funding for crucial repairs — including restoration of damaged infrastructure caused by landslides and slope failures, says Charles Schexnaildre at Baker Donelson.
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Compliance Pointers For Amended Pa. Data Breach Law
Recent updates to the Pennsylvania Breach of Personal Information Notification Act include a requirement that organizations alert the state's attorney general of certain consumer data breach notifications, and several incident response and cybersecurity considerations will be necessary to ensure compliance, say Matthew Meade and Laura Decker at Eckert Seamans.
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Smith's New Trump Indictment Is Case Study In Superseding
Special counsel Jack Smith’s recently revised Jan. 6 charges against former President Donald Trump provide lessons for prosecutors on how to effectively draft superseding indictments in order to buttress or streamline their case, as necessary, says Jessica Roth at Cardozo Law School.
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Opinion
FDIC's Foray Into Index Fund Rules Risks Regulatory Chaos
A proposed Federal Deposit Insurance Corp. rule concerning control over passive index fund investments in banks is outside the agency's remit, clashes with an existing Federal Reserve process and would inhibit competition in the index fund sector, says J.W. Verret at George Mason University.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Ga. Fintech Bank Charter Could Reshape Payments Industry
Georgia’s recent granting of a special banking charter to transaction processor Fiserv, allowing the fintech company to access major card payment networks without a traditional bank as intermediary, could spark a restructuring of the national payments infrastructure and open new possibilities for businesses and consumers, says Jessica Cino at Krevolin & Horst.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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What To Make Of Dueling Corporate Transparency Act Rulings
Although challenges to the Corporate Transparency Act abound — as highlighted by recent federal court decisions from Alabama and Oregon taking opposite positions on its constitutionality — the act is still law, so companies should comply with their filing requirements or face the potential consequences, say attorneys at Lowenstein Sandler.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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California's AI Safety Bill Veto: The Path Forward
California Gov. Gavin Newsom's veto of a bill that sought to impose stringent regulations on advanced artificial intelligence model development has sparked a renewed debate on how best to balance innovation with safety in the rapidly evolving AI landscape, say Bobby Malhotra and Carson Swope at Winston & Strawn.
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Staying Off The CFPB's Financial Services Offender Registry
The Consumer Financial Protection Bureau's soon-to-launch registry of financial services companies that have faced public enforcement orders is designed to ratchet up long-term scrutiny of entities that could become repeat offenders, so companies should take their new compliance and filing requirements seriously, say Andrea Mitchell and Chris Napier at Mitchell Sandler.