Compliance

  • November 15, 2024

    Social Media Cos. Must Face Schools' Public Nuisance Claims

    Meta Platforms and other social media giants must face most of the public nuisance claims brought by school districts and local government entities in multidistrict litigation alleging the companies designed their platforms to addict children, a California federal judge ruled Friday.

  • November 15, 2024

    Kroger, Texas Ink $83M Deal Over Opioid Crisis

    Texas announced it has agreed to an $83 million settlement with Kroger to resolve the state's claims alleging the groceries and pharmacy chain maintained practices that contributed to the opioid crisis in Texas, apparently as part of a larger $1.37 billion agreement the retailer recently reached with several states.

  • November 15, 2024

    SEC Says Risky Bond Recommendations Violated Reg BI

    A Texas-headquartered broker-dealer has agreed to pay nearly $154,000 to resolve U.S. Securities and Exchange Commission allegations that it improperly recommended risky bonds in violation of the federal investor protection measure known as Regulation Best Interest.

  • November 15, 2024

    PBMs Denied Breakup Of Combined FTC Insulin Price Trial

    The Federal Trade Commission's allegations that pharmacy benefit manager giants Caremark Rx, Express Scripts and OptumRx are artificially inflating insulin prices through unfair rebate schemes will forge ahead as a single case following an in-house agency judge's refusal to break them into separate proceedings.

  • November 15, 2024

    Convicted TV Guru Trudeau, FTC Strike Deal In 21-Year Case

    An Illinois federal judge on Friday approved and offered high praise for a consent order negotiated by the Federal Trade Commission and weight-loss guru Kevin Trudeau, saying they did a "spectacularly good job" laying out the plan for Trudeau to pay the remaining $8 million he owes in the 21-year-old fraud case.

  • November 15, 2024

    EPA Watchdog Flags Drinking Water Cybersecurity Risks

    The U.S. Environmental Protection Agency's internal watchdog is sounding the alarm about cybersecurity weaknesses in the nation's drinking water systems, and said there are problems with the plans for reporting and coordinating responses to attacks.

  • November 15, 2024

    Kalshi Fires Back At CFTC's 'Futile' Election Betting Appeal

    The Commodity Futures Trading Commission is attempting to "rewrite" its governing statute by claiming that placing bets on the outcome of elections is a form of prohibited gaming, trading platform KalshiEx LLC told the D.C. Circuit on Friday as it fought to continue listing election contracts in the future.

  • November 15, 2024

    GOP Sens. Decry 'Lack Of Urgency' On FDIC Misconduct

    Six Republican senators wrote a letter to the Federal Deposit Insurance Corp. Inspector General Jennifer L. Fain asking for a briefing on the FDIC's progress investigating claims of widespread misconduct at the agency, asserting there has been "a shocking lack of urgency."

  • November 15, 2024

    GAO Says EPA Must Act On Waste Sites' Climate Risks

    Nearly 70% of the nation's hazardous waste treatment, storage and disposal facilities are vulnerable to climate change impacts such as flooding, wildfires, storm surge and sea level rise, and the U.S. Environmental Protection Agency needs to be more proactive, a new federal report says.

  • November 15, 2024

    California Blames Travelers For Rot Remediation Policy Deceit

    In a case with potentially untold financial consequences, California district attorneys are blaming Travelers in state court for trying to attract customers by offering coverage for fungi and rot remediation for years without adequately disclosing stringent exclusions to state policyholders, in violation of state code.

  • November 15, 2024

    FERC Ignored Calif. Hydro Permitting Mischief, DC Circ. Told

    The Federal Energy Regulatory Commission turned a blind eye to clear evidence that California's water board gamed the permitting process in concluding that the state agency didn't waive its Clean Water Act permitting authority over two hydroelectric dams, the D.C. Circuit heard this week.

  • November 15, 2024

    GM's Cruise Accepts $500K Criminal Fine Over Robotaxi Crash

    Cruise LLC, the autonomous vehicles subsidiary of General Motors Co., has agreed to pay $500,000 in criminal fines to end claims that it made false statements to federal highway investigators by omitting that one of its vehicles dragged a pedestrian over 20 feet, according to an announcement by federal prosecutors.

  • November 15, 2024

    Political Fundraiser Avoids Jail In LA 'Casino Loyale' Probe

    A former political fundraiser was sentenced by a California federal judge Friday to one year of home detention for facilitating a bribe to former Los Angeles City Councilman José Huizar, the latest in a string of recent sentences handed out to cooperating witnesses in the FBI's "Casino Loyale" probe.

  • November 15, 2024

    Paxton Says Texas Porn Site Law 'Modest' Way To End 'Crisis'

    Texas Attorney General Ken Paxton told the U.S. Supreme Court on Friday that a state law requiring visitors to prove their age before accessing content on certain adult-oriented websites is tailored in the most "modest" way possible to address a "public health crisis."

  • November 15, 2024

    Texas Judge Won't Halt CFPB Small-Biz Rule As Banks Appeal

    A Texas federal judge has declined to stay the compliance date of the Consumer Financial Protection Bureau's small-business lending data collection rule while a coalition of bank trade groups appeals his decision to uphold the rule's data collection requirements, saying no circumstances justify such "extraordinary relief."

  • November 15, 2024

    SEC's Top Cop Says Election Hasn't Slowed Enforcers Down

    The U.S. Securities and Exchange Commission's enforcement attorneys continue to work with "urgency" in the waning months of the Biden administration, the acting leader of the enforcement division said Friday at an event where he also spoke about a shuttered task force and the agency's approach to pursuing cases involving cybersecurity breaches.

  • November 15, 2024

    Hedge Fund Group Urges Trump To Reject 'Punitive' Policies

    A leading industry group representing hedge funds and other alternative asset managers is urging President-elect Donald Trump to abandon "punitive" economic policies and instead propose tax and regulatory relief, including business-friendly priorities at the U.S. Securities and Exchange Commission.

  • November 15, 2024

    FERC Can't Justify Pipeline Project Extension, DC Circ. Told

    The Federal Energy Regulatory Commission's ability to extend pipeline construction deadlines simply cannot be applied to a wholesale revision of a proposed southern spur of the Mountain Valley Pipeline, opponents of the project told the D.C. Circuit Thursday.

  • November 15, 2024

    Texas Judge Strikes Down DOL Overtime Rule

    The U.S. Department of Labor lacked the authority to raise the salary threshold for a Fair Labor Standards Act overtime exemption, a Texas federal judge ruled Friday, striking down a hotly contested rule that has been in effect since July.

  • November 15, 2024

    Investor Drops Stock Pumping Suit Against UPS

    One of several investors suing shipping and logistics giant UPS in recent months over a share price tumble caused by disappointing earnings numbers this summer said Thursday that he plans to drop his claims against the company.

  • November 15, 2024

    Oil Terminal Co. Offers $2M To End Falsified-Inspection Claims

    A Gulf Oil successor has offered to pay the state of Connecticut $2 million to settle accusations the company failed to secure new construction permits and spent years fabricating and falsifying inspection reports for existing bulk gasoline terminal tanks along New Haven Harbor in Long Island Sound, court filings show.

  • November 15, 2024

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    In moves that will affect general counsel, President-elect Donald Trump this week announced his choices to fill several key legal positions, including attorney general, deputy attorney general, solicitor general, chief White House counsel, and the U.S. attorney for the Southern District of New York. Meanwhile, the National Labor Relations Board told companies to stop ordering employees to attend anti-union meetings.

  • November 15, 2024

    Teva Defends Mifepristone Antitrust Case Against Corcept

    Teva Pharmaceuticals has asked a California federal judge to reject a bid to dismiss its lawsuit against the maker of a brand-name drug used to treat a rare cortisol disorder, contending its complaint plausibly alleges an illegal scheme to suppress generic competition.

  • November 15, 2024

    Chinese Self-Driving Startup Pony Revs Up $180M IPO

    Chinese autonomous-driver technology provider Pony AI Inc. has launched plans for an estimated $180 million initial public offering, represented by Davis Polk & Wardwell LLP and underwriters' counsel Cleary Gottlieb Steen & Hamilton LLP, marking the latest self-driving startup to seek U.S. capital in order to fund its growth ambitions.

  • November 15, 2024

    Former ADA Notches Bias Win Against Georgia Prosecutor

    A federal judge cast aside the "incredulous" defenses of a Georgia district attorney accused of denying a female attorney a promotion, finding her liable for sex discrimination after previously hitting the DA with a default order for her attempts to dodge being deposed.

Expert Analysis

  • Use The Right Kind Of Feedback To Help Gen Z Attorneys

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    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.

  • Ga. Fintech Bank Charter Could Reshape Payments Industry

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    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.

  • Opinion

    Congress Can And Must Enact A Supreme Court Ethics Code

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    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.

  • What To Make Of Dueling Corporate Transparency Act Rulings

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    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.

  • Series

    The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan

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    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.

  • California's AI Safety Bill Veto: The Path Forward

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    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.

  • Staying Off The CFPB's Financial Services Offender Registry

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    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.

  • New TCPA Rule Faces Uncertain Future Post-Loper Bright

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    The Federal Communications Commission's new rule aiming to eliminate lead generators' use of unlawful robocalls is now in doubt with the U.S. Supreme Court's Loper Bright decision, and the Eleventh Circuit's Insurance Marketing Coalition v. FCC is poised to be a test case of the agency's ability to enforce the Telephone Consumer Protection Act post-Chevron, say attorneys at Baker McKenzie.

  • A Look At Calif.'s New AI Law For Health Insurers

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    A newly enacted California law prohibits artificial intelligence tools from making medical necessity determinations for healthcare service plans or disability insurers, addressing core questions that have arisen around AI's role in coverage decisions, say attorneys at DLA Piper.

  • Colorful Lessons From NYC's Emotional Support Parrot Suit

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    A recently settled lawsuit in New York federal court concerning housing discrimination claims from a resident who had emotional support parrots highlights the importance of housing providers treating accomodation questions seriously even if they may appear unusual or questionable, say attorneys at Seyfarth.

  • To Report Or Not To Report Others' Export Control Violations

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    A recent Bureau of Industry and Security enforcement policy change grants cooperation credit to those that report violations of the Export Administration Regulations committed by others, but the benefits of doing so must be weighed against significant drawbacks, including the costs of preparing and submitting a report, says Megan Lew at Cravath.

  • Mitigating Construction Employers' Risks Of Discrimination

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    Recent heightened government scrutiny of construction industry employment practices illustrates the need for nondiscriminatory recruitment and proactive assessment of workforces and worksites, including auditing for demographic disparities and taking documented steps to address such issues, say attorneys at Seyfarth.

  • With Esmark Case, SEC Returns Focus To Tender Offer Rules

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    The U.S. Securities and Exchange Commission's recent enforcement action against Esmark in connection with its failed bid to acquire U.S. Steel indicates the SEC's renewed attention under Rule 14e‑8 of the Exchange Act on offerors' financial resources as a measure of the veracity of their tender offer communications, say attorneys at MoFo.

  • Earned Wage Access Laws Form A Prickly Policy Patchwork

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    Conflicting earned wage access laws across the country, including the Consumer Financial Protection Bureau's recently issued rule, mean providers must adopt a proactive compliance approach and adjust business models where needed, say attorneys at Sheppard Mullin.

  • What FDIC Expansion Of Change In Bank Control Could Mean

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    A recent Federal Deposit Insurance Corp. proposal pertaining to the Change in Bank Control Act has the potential to create uncertainty around investments by mutual fund complexes in banking organizations, which represent a stable source of capital for the banking industry, say attorneys at Sullivan & Cromwell.

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