Compliance

  • October 28, 2024

    Ozy Media CEO Wants Conviction Nixed Over Judge's Assets

    The New York federal judge who presided over the fraud and identity theft trial of former Ozy Media CEO Carlos Watson should be disqualified from the case because he failed to disclose that he had investments in four of the companies victimized by Watson, according to the onetime executive, who is trying to get his conviction overturned.

  • October 28, 2024

    CrowdStrike Fires Back At Delta In IT Outage Blame Game

    CrowdStrike filed a federal lawsuit against Delta Air Lines on Friday, the same day the airline filed a $500 million complaint in Georgia state court blaming the cybersecurity firm for implementing "untested and faulty updates" to its software that knocked out computers with Microsoft Windows operating systems worldwide.

  • October 28, 2024

    Tesla Atty Faces Sanctions Bid Over Mediation Appearance

    Tesla and an in-house attorney are facing a sanctions bid in California federal court for reportedly appearing at a mediation in a wrongful death case despite lacking settlement authority, causing "delay and unnecessary expense" to the widow of a man who died when his Tesla allegedly ran off the road, crashed and ignited.

  • October 28, 2024

    Hospital Wants NC County's 'Monopoly' Suit Tossed

    Owners of an Asheville, North Carolina, hospital accused of understaffing its emergency room and driving up wait times say the county suing them for unjust enrichment is actually trying to get paid twice for healthcare its emergency responders have already provided.

  • October 28, 2024

    Fired Exec Says TikTok Can't Force Bias Suit Into Arbitration

    A fired TikTok marketing executive told a New York federal court the company can't short-circuit her suit claiming her age and gender landed her on a company "kill list," arguing that her case is protected by a law curbing mandatory arbitration because it includes sexual harassment allegations.

  • October 28, 2024

    Farm Co. Can't Push Worker's Wage Suit To Arbitration

    A California appeals court refused to send to arbitration a farm laborer's suit accusing a farm labor contractor of shorting workers on wages, saying the company can't rely on an arbitration pact that one of its clients signed with the workers.

  • October 25, 2024

    5th Circ. Punts Musk Tweet Lawfulness, But Axes NLRB Order

    An en banc Fifth Circuit majority on Friday overturned a National Labor Relations Board decision that a tweet Tesla CEO Elon Musk sent during a United Auto Workers unionization campaign violated federal labor law, while the court's dissenting members criticized the majority's decision as "logically incoherent."

  • October 25, 2024

    AI Surge, Vendor Risks Fuel Election Security Concerns

    The explosion of the tech known as artificial intelligence and persistent vendor security holes are amplifying longstanding concerns about efforts by hostile nations and other cyberattackers to disrupt and discredit U.S. elections as officials work to guard against both familiar and novel risks.

  • October 25, 2024

    Delta Says CrowdStrike Must Pay For Catastrophic IT Outage

    When cybersecurity firm CrowdStrike implemented "untested and faulty updates" to its software, knocking out computers with Microsoft Windows operating systems worldwide, Delta Air Lines' operations were crippled, costing it $500 million as thousands of flights were canceled, according to the airline's lawsuit lodged Friday in Georgia state court.

  • October 25, 2024

    Real Estate Recap: Campaigning On Housing, '25 Deal Volume

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including the presidential candidates' stances on housing and Wall Street landlords, and one BigLaw real estate leader's predictions for deal volume in 2025.

  • October 25, 2024

    NEPA Rail Ruling Backers Flood Justices With Amicus Briefs

    Former federal officials, states, Colorado cities, two law schools and 30 members of Congress are all urging the U.S. Supreme Court to affirm a ruling overturning federal approval for a rail project to haul crude oil out of Utah, rather than reinvent the National Environmental Policy Act as project supporters propose.

  • October 25, 2024

    Apple-Google Pact Plaintiff Stuck With 9th Circ. Appeal

    A Ninth Circuit panel has refused to let a training school send its case accusing Google of paying Apple to refrain from developing its own search engine back to district court in light of a recent D.C. federal judge's decision that Google monopolizes the search market.

  • October 25, 2024

    Employment Authority: W&H Compliance Under AI Guidance

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on how the U.S. Department of Labor's recent guidance for artificial intelligence highlights how employers need to keep an eye on wage and hour compliance and how Alaska could open new paths for captive audience bans. 

  • October 25, 2024

    Social Media MDL Judge Rips Meta, AGs' Agency Doc Fight

    A California federal judge Friday slammed counsel for Meta and dozens of state attorneys general during a contentious hearing in multidistrict litigation over claims social media is addictive for not reaching agreements on Meta's demands for documents from 275 state agencies, telling both sides' attorneys, "we should've never gotten here."

  • October 25, 2024

    AT&T Unit Continues To Argue FCA Does Not Apply To E-Rate

    Congress could have designed the E-rate program to be distributed by the government using its own money, but it didn't, and that's why reimbursements under the program don't qualify as claims under the False Claims Act, an AT&T subsidiary has told the U.S. Supreme Court.

  • October 25, 2024

    AT&T Settles Alleged FCC Subsidy Violations For Nearly $2.3M

    The Federal Communications Commission said Friday that AT&T has agreed to pay almost $2.3 million to resolve claims it broke the rules for two major federal broadband subsidy programs.

  • October 25, 2024

    SEC Wants PE Firm's 'Fishing Expedition' Claims Paused

    The U.S. Securities and Exchange Commission has asked a Texas federal judge to pause a real estate-focused private equity fund's suit alleging that the regulator subjected it to an unconstitutional "fishing expedition" outside its regulatory purview.

  • October 25, 2024

    SEC's Crypto Mining Case Belongs In 10th Circ., Court Hears

    A Utah man accused of defrauding crypto mining investors out of $18 million is hoping for an opportunity to have his case heard before the Tenth Circuit, arguing that the mining equipment is not a security and that the U.S. Securities and Exchange Commission should be forced to drop the suit.

  • October 25, 2024

    Lyft To Pay $2.1M FTC Fine Over Driver Earnings Claims

    Lyft Inc. will pay $2.1 million and clarify its claims about driver pay in order to settle allegations from the Federal Trade Commission that the ride-hailing company made deceptive statements about what drivers could expect to earn hourly and through special incentives, according to a Friday announcement from the agency.

  • October 25, 2024

    Seminole Tribe Looks To Dismiss Gaming Ad Suit

    The Seminole Tribe of Florida asked a Florida federal court to dismiss a proposed class suit claiming ads from the tribe's gaming vendor are misleading, arguing that the suit cannot continue without the tribe as a party, but the tribe cannot be added as a party because of sovereign immunity.

  • October 25, 2024

    Feds Seek 6½ Years For Ex-Takeda Worker Over Invoice Fraud

    Federal prosecutors in Boston want a former senior Takeda Pharmaceutical Co. employee jailed for 6½ years for the complex scam she pulled off with her boyfriend that raked in millions of dollars through fake invoices, according to a Friday filing.

  • October 25, 2024

    Off The Bench: Toss-Up For Ohtani Ball, UFC Fighters' Payday

    In this week's Off The Bench, the three claimants to a historic baseball now know how much is at stake for the winner, a long fight against wage suppression for mixed martial arts fighters is a step closer to ending, and WNBA players want a bigger piece of a growing revenue pie.

  • October 25, 2024

    Judge Won't Revisit Ruling On Contractor Registration Clause

    A Court of Federal Claims judge has refused to reconsider her ruling that a previously disqualified bidder was eligible for a $45 billion nuclear cleanup deal after fixing a lapsed federal registration, despite a contrary decision by another judge on the court.

  • October 25, 2024

    Feds Fight New Claim In Suit Over Dredged-Waste Disposal

    The U.S. Army Corps of Engineers has urged an Illinois federal judge to throw out the latest claim from an environmental coalition and a community group in litigation challenging the agency's continued use of a disposal facility for dredged material on Lake Michigan's shoreline, saying the claim was tacked on too late.

  • October 25, 2024

    DC Circ. Won't Block EPA Emissions Rule For Steel Plants

    A split D.C. Circuit panel has denied bids by U.S. Steel Corp. and Cardinal-Cliffs Inc. to hit pause on a U.S. Environmental Protection Agency rule setting emission standards for integrated iron and steel manufacturing facilities.

Expert Analysis

  • Banking Compliance Takeaways From Joint Agency Statement

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    Federal bank regulatory agencies’ recent joint statement warning of risks associated with third-party fintech deposit services spotlights a fundamental problem that may arise with bank deposit products that are made through increasingly complex customer relationships, says Tom Witherspoon at Stinson.

  • Workday AI Bias Suit Suggests Hiring Lessons For Employers

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    As state laws and a federal agency increasingly focus on employment bias introduced by artificial intelligence systems, a California federal court's recent decision to allow a discrimination suit to proceed against Workday's AI-driven recruitment software, shows companies should promptly assess these tools' risks, say attorneys at Williams & Connolly.

  • 6 Considerations To Determine If A Cyber Incident Is Material

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    The U.S. Securities and Exchange Commission's recent guidance on material cybersecurity incidents covers a range of ransomware scenarios, from a company paying a sum and regaining operations to recovering payment via cyberinsurance, but makes it clear that no single factor determines whether a cybersecurity incident is material, say attorneys at Troutman Pepper.

  • Opinion

    Proposed Law Would Harm NYC Hospitality Industry

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    A recently proposed New York City Law that would update hotel licensing and staff coverage requirements could give the city commissioner and unions undue control over the city's hospitality industry, and harm smaller hotels that cannot afford full-time employees, says Stuart Saft at Holland & Knight.

  • Opinion

    Litigation Funding Disclosure Key To Open, Impartial Process

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    Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.

  • Regulators Are Revamping Use Of Bank Service Company Act

    Excerpt from Practical Guidance
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    Though the Bank Service Company Act was written six decades ago, banks and service providers should be alert to the evolving ways financial regulators are using the law as a tool for scrutinizing bank-fintech partnerships and third-party service providers that could put consumers at risk, say James Bergin and Paul Lim at Arnold & Porter.

  • Playing The Odds: Tackling Athlete Gambling Investigations

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    The rapid rise of sports gambling presents new and unique challenges, so it's important for attorneys to be able to navigate a dynamic web of complex, high-stakes relationships between athletes, the betting public, athletic organizations, sportsbooks and law enforcement — all while under intense public scrutiny, say attorneys at Steptoe.

  • Series

    After Chevron: What To Expect In Consumer Protection At FTC

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    Although the Federal Trade Commission's bread-and-butter consumer protection law enforcement actions are unlikely to be affected, the Loper Bright decision may curb the FTC's bolder interpretations of the statutes it enforces, says Mary Engle at BBB National Programs.

  • The Ethics of Using Generative AI In Environmental Law

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    The rapid emergence of generative artificial intelligence tools is challenging environmental lawyers, consultants and government agencies to determine when and how these tools can be responsibly, ethically and productively integrated into their practices to streamline research, predictive analytics and regulatory compliance, say Ahlia Bethea and Pamela Esterman at Sive Paget.

  • Managing Credit Card Rewards Programs Amid Scrutiny

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    Renewed New York and federal interest in consumer protection issues associated with credit card rewards programs presages future regulatory enforcement and attention from plaintiffs attorneys, so issuers should focus on certain categories of consumer complaints and some compliance ambiguities, say Rich Zukowsky and Ella Beres at Davis Wright.

  • Carbon Offset Case A Win For CFTC Enviro Fraud Task Force

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    An Illinois federal court's decision in Commodity Futures Trading Commission v. Ikkurty — earning the CFTC a sizeable monetary award that will likely incentivize similar enforcement pursuit — shows the impact of the commission's Environmental Fraud Task Force, say attorneys at Steptoe.

  • RealPage Suit Shows Growing Algorithm, AI Pricing Scrutiny

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    The U.S. Department of Justice's suit against RealPage for helping fix rental rates, filed last week, demonstrates how the use of algorithmic and artificial intelligence tools to assist with pricing decisions is drawing increasing scrutiny and action across government agencies, and specifically at the Federal Trade Commission and the DOJ, say Andre Geverola and Leah Harrell at Arnold & Porter.

  • Whistleblowers Must Note 5 Key Differences Of DOJ Program

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    The U.S. Department of Justice’s recently unveiled whistleblower awards program diverges in key ways from similar programs at other agencies, and individuals must weigh these differences and look first to programs with stronger, proven protections before blowing the whistle, say Stephen Kohn and Geoff Schweller at Kohn Kohn.

  • The Licensure Landscape For Psychedelics Manufacturers

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    As the need for bulk manufacturing of psychedelic substances grows, organizations aiming to support clinical trials or become commercial suppliers must navigate a rigorous and multifaceted journey to obtaining a license from the U.S. Drug Enforcement Administration, say Kimberly Chew at Husch Blackwell and Jaime Dwight at Promega Corp.

  • What NFL Draft Picks Have In Common With Lateral Law Hires

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    Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.

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