Compliance

  • August 26, 2024

    Gov't Contracting Policies To Watch In The 2nd Half Of 2024

    An overhaul to the U.S. Department of Defense's cybersecurity requirements and a pending rule requiring many contractors to report their greenhouse gas emissions headline a slate of significant policy initiatives for government contractors to watch for during the second half of this year. Here, Law360 previews four upcoming policy changes with significant potential impacts on government contractors.

  • August 24, 2024

    Italian Prosecutors Open Criminal Probe Into Yacht Sinking

    Italian prosecutors said Saturday that they have opened a criminal investigation into the sinking of a superyacht that claimed the lives of seven people including a partner at Clifford Chance LLP and his client, British technology mogul Mike Lynch.

  • August 23, 2024

    FDIC Says Ex-Lender Can't Have 3rd Bite At In-House Apple

    The Federal Deposit Insurance Corp. on Friday urged a Washington, D.C., federal judge to reject a former small-business financier's bid to immediately halt an agency enforcement proceeding against him, saying a key recent U.S. Supreme Court decision doesn't apply to his case.

  • August 23, 2024

    Ohio Constitution Dooms 24-Hour Abortion Waiting Period

    An Ohio state judge on Friday preliminarily blocked multiple Ohio civil and criminal abortion-related statutes requiring informed consent and a 24-hour waiting period, among other restrictions, finding that the statutes likely run afoul of the recently passed voter-backed state constitutional amendment enshrining the right to abortion.

  • August 23, 2024

    Kraken Must Face SEC's Crypto Case Over Platform Sales

    A California federal judge on Friday denied a bid by cryptocurrency exchange Kraken to ditch a U.S. Securities and Exchange Commission enforcement suit, finding the regulator plausibly alleged that "at least some" of the digital currency transactions on Kraken's online platform constitute investment contracts.

  • August 23, 2024

    Real Estate Recap: Key Cases, Proptech Pain, RealPage Suit

    Catch up on the past week's key developments by state from Law360 Real Estate Authority — including the residential real estate cases to watch in 2024's second half, proptech's recent funding lapse and long-term potential, and a new lawsuit from the U.S. Department of Justice against property management software company RealPage.

  • August 23, 2024

    SEC Awards Nearly $100M To 2 Whistleblowers

    Two whistleblowers will receive more than $98 million for providing information the U.S. Securities and Exchange Commission used to carry out an enforcement action, the agency said Friday.

  • August 23, 2024

    PE Fund Says SEC Is Overstepping With 'Fishing Expedition'

    A large South Carolina private equity fund has sued the U.S. Securities and Exchange Commission for allegedly overstepping its authority by trying to regulate the business' activities through an unconstitutional "fishing expedition" investigation that threatens the building of thousands of housing units.

  • August 23, 2024

    Crypto Founder Says SEC 'Twists' Claims To Make Suit Stick

    The cryptocurrency founder accused by the U.S. Securities and Exchange Commission of misappropriating $12 million in customer assets from an alleged billion dollars in unregistered crypto securities offerings told a Brooklyn federal judge that the regulator "twists its timelines" to tie his conduct to the U.S.

  • August 23, 2024

    Google Pushes To Depose A Texas Official In Biometric Suit

    Google is crying foul in a state court of appeals over Texas' refusal to let it take a deposition of either a representative or an employee of the Texas Office of the Attorney General, saying in a petition that it was forced to defend itself without full discovery.

  • August 23, 2024

    Employment Authority: 5 Wage Priorities In Dems Platform

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on wage priorities within the party platform for Democrats, how an Illinois law that includes protections for workers from artificial intelligence shows workplaces are a focus of limiting AI bias and a review of the National Labor Relations Board's Cemex decision one year after the standard was issued.

  • August 23, 2024

    Ex-Exec Can't Reverse Medtronic Insider Trading Conviction

    A Minnesota federal judge on Friday declined to overturn fraud convictions against a former executive of a medical robotics firm, finding the insider tips he provided to a friend ahead of Medtronic's $1.6 billion acquisition of his company were not speculative.

  • August 23, 2024

    FTC Regroups After Noncompete Setbacks In Florida, Texas

    A Florida federal judge on Friday suspended a deadline given to the Federal Trade Commission to respond to a lawsuit challenging a worker noncompete ban after the agency requested more time to discuss next steps following recent setbacks against the rule in Texas and the Sunshine State.

  • August 23, 2024

    737 Max Families Spurn DOJ, Boeing's 'Cozy' Plea Deal

    Families of victims of the 737 Max 8 crashes told a Texas federal judge on Friday that the U.S. Department of Justice's "cozy" plea agreement with Boeing must be rejected because it's based on misleading facts and shoddy math that overlook the tragic deaths of 346 people.

  • August 23, 2024

    CFTC Says Gemini's Appeal Bid Wouldn't Nix Need For Trial

    The Commodity Futures Trading Commission has told a New York federal judge that even if the Second Circuit found crypto exchange Gemini Trust Co. didn't have ultimate responsibility over allegedly misleading statements about a proposed bitcoin futures contract, there would still be disputed facts requiring a trial.

  • August 23, 2024

    Federal Gov't Hits Georgia Tech With Cybersecurity FCA Suit

    The federal government has hit the Georgia Institute of Technology with a False Claims Act suit accusing the university of knowingly failing to comply with required cybersecurity standards while working on federal defense contracts.

  • August 23, 2024

    La. Judge Smashes EPA Civil Rights Regulations In State

    A Louisiana federal judge has granted the state's request for a permanent injunction blocking the U.S. Environmental Protection Agency from enforcing civil rights regulations in the state that involve disparate impact components.

  • August 23, 2024

    Albertsons-Kroger Deal Tests FTC's Stepped-Up Merger Policy

    The Federal Trade Commission's highly anticipated hearing to block Albertsons' planned $24.6 billion merger with Kroger kicks off Monday in a Portland, Oregon, courtroom in what attorneys say will be a pivotal test of the Biden administration's newly formalized merger policy.

  • August 23, 2024

    Google Args Don't Erase 'History Is On, Jesus,' DOJ Says

    Google employees were so conscious of hiding evidence of conduct "that leads to law suits" that they reacted quickly when forgetting to let internal chats delete automatically, the Justice Department said, pushing to punish the search giant for those policies in the looming advertising technology monopolization trial.

  • August 23, 2024

    Public Needs Full Record In Pebble Mine Row, Alaska Argues

    Alaska is fighting the U.S. Environmental Protection Agency's push for a protective order for hundreds of publications and reports in the state's lawsuit challenging a Clean Water Act veto that essentially blocked development of the controversial Pebble Mine.

  • August 23, 2024

    5th Circ. Strikes Down DOL Tip Rule

    The Fifth Circuit struck down a U.S. Department of Labor rule on tipped wages, saying it goes against the Fair Labor Standards Act and is therefore arbitrary and capricious.

  • August 23, 2024

    Brokerage Startup Challenges NAR Listing Rules

    A Utah-based residential brokerage startup has accused the National Association of Realtors, an affiliated Utah multiple listing service and several major brokerages including Keller Williams Realty Inc. of engaging in an antitrust conspiracy that involved the defendants blocking the startup from accessing the NAR's MLS because the startup offers cheaper commission fees.

  • August 23, 2024

    The Biggest Enviro Policy Moves Of 2024: Midyear Report

    As the Biden administration hurtles toward the end of its term, the U.S. Environmental Protection Agency has been hustling important final rules out its doors, including regulations for power plant greenhouse gas emissions, chemicals and automobiles.

  • August 23, 2024

    Border Agent Charged With Making Migrants Expose Breasts

    An agent from U.S. Customs and Border Protection has been charged with forcing four women to expose their breasts to him during processing, claiming it was a legitimate search related to their admission into the country.

  • August 23, 2024

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    A U.S. court in Texas has agreed with tax company Ryan LLC's general counsel that the Federal Trade Commission's ban on noncompete agreements is illegal. And women still hold fewer than 26% of law firm equity partnerships, according to Law360 Pulse's 2024 Women in Law report.

Expert Analysis

  • Autonomy Execs' Acquittal Highlights Good Faith Instruction

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    The recent acquittal of two former Autonomy executives demonstrates that a good faith jury instruction can be the cornerstone of an effective defense strategy in white collar criminal cases, in part because the concept of good faith is a human experience every juror can relate to, says Sara Kropf at Kropf Moseley.

  • Series

    Teaching Scuba Diving Makes Me A Better Lawyer

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    As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.

  • SolarWinds Ruling Offers Cyber Incident Response Takeaways

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    The New York federal court's dismissal of all charges related to the 2019 Sunburst cyberattack is a devastating blow to the U.S. Securities and Exchange Commission's cybersecurity case against SolarWinds, but the well-reasoned opinion provides valuable lessons that may improve companies' defensive posture in the wake of a major cybersecurity incident, say attorneys at Troutman Pepper.

  • A Guide To Long-Term, Part-Time Employee Determinations

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    With final regulations under the Secure Act requiring 401(k) retirement benefits for long-term, part-time employees expected soon, Amy Sheridan and David Guadagnoli at Sullivan & Worcester look at how the proposed rules would shift the risk-reward calculus on excluding categories of employees, and what plan sponsors would need to consider when designing retirement plans.

  • 3 Ways To Lower Insider Trading Risk After First 10b5-1 Case

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    In light of the U.S. Department of Justice's insider trading prosecution against the former CEO of Ontrack based on alleged abuse of a Rule 10b5-1 safe harbor plan — designed to allow executives to sell their companies' securities without liability — companies and individuals should take steps to avoid enacting similar plans in bad faith, say attorneys at Jenner & Block.

  • Lawyers Can Take Action To Honor The Voting Rights Act

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    As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.

  • Decoding CFPB Priorities Amid Ramp-Up In Nonbank Actions

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    Based on recent Consumer Financial Protection Bureau enforcement actions and press releases about its supervisory activities, the agency appears poised to continue increasing its scrutiny over nonbank entities — particularly with respect to emerging financial products and services — into next year, say attorneys at Wiley.

  • PE Firms Should Prepare For Increased False Claims Scrutiny

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    The impact private equity firms may have over medical decisions and care is increasingly attracting potential liability under the False Claims Act and attention from states and the federal government, so investors should follow best practices including conducting due diligence both before and after acquisitions, say attorneys at K&L Gates.

  • How 3rd Circ. Raised Bar For Constitutional Case Injunctions

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    The Third Circuit's decision in Delaware State Sportsmen's Association v. Delaware Department of Safety & Homeland Security, rejecting the relaxed preliminary injunction standards many courts have used when plaintiffs allege constitutional harms, could portend a shift in such cases in at least four ways, say attorneys at Gibson Dunn.

  • New Russia Sanctions Law: Bank Compliance Insights

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    Financial institutions must familiarize themselves with the new reporting obligations imposed by the Rebuilding Economic Prosperity and Opportunity for Ukrainians Act, a recent law that authorizes seizures of Russian sovereign assets under U.S. jurisdiction, say attorneys at Seward & Kissel.

  • 3 Healthcare FCA Deals Provide Self-Disclosure Takeaways

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    Several civil False Claims Act settlements of alleged healthcare fraud violations over the past year demonstrate that healthcare providers may benefit substantially from voluntarily disclosing potential misconduct to both the U.S. Department of Justice and the U.S. Department of Health and Human Services, say Brian Albritton and Raquel Ramirez Jefferson at Phelps Dunbar.

  • Series

    A Day In The In-House Life: Block CLO Talks Problem-Solving

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    Amid the busy summer months, Block Inc. Chief Legal Officer Chrysty Esperanza chronicles a typical Wednesday where she conquered everything from unexpected fintech regulatory issues and team building to Bay Area commutes and school drop-off.

  • Shipping Containers As Building Elements Require Diligence

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    With the shipping container market projected to double between 2020 and 2028, repurposing containers as storage units, office spaces and housing may become more common, but developers must make sure they comply with requirements that can vary by intended use and location, says Steven Otto at Crosbie Gliner.

  • 7th Circ. Ruling Expands CFPB Power In Post-Chevron Era

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    The Seventh Circuit’s recent ruling in Consumer Financial Protection Bureau v. Townstone Financial interprets the Equal Credit Opportunity Act broadly, paving the way for increased CFPB enforcement and hinting at how federal courts may approach statutory interpretation in the post-Chevron world, say attorneys at Saul Ewing.

  • How Loper Bright Weakens NEPA Enviro Justice Strategy

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    The National Environmental Policy Act is central to the Biden administration's environmental justice agenda — but the U.S. Supreme Court's recent decision in Loper Bright Enterprises v. Raimondo casts doubt on the government's ability to rely on NEPA for this purpose, and a pending federal case will test the strategy's limits, say attorneys at Perkins Coie.

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