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Compliance
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June 14, 2024
Split DC Circ. Rejects NY's Electricity Rate Challenge
A split D.C. Circuit panel rejected Friday a New York utility regulator's attempt to unravel the Federal Energy Regulatory Commission's approval of the state grid operator's wholesale electricity rates, leaving in place an estimated 17-year lifespan for new fossil-fueled power plants.
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June 14, 2024
NJ Officials Stiffed Transit Contractor Over Politics, AG Says
Two board members of the South Jersey Transportation Authority have been charged for their role in allegedly blocking payments to a contractor as political retribution in a feud between a Democratic Party leader and a county commissioner, the New Jersey attorney general announced Friday.
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June 14, 2024
BP Unit Slapped With $300M Franchise Termination Suit
A trio of entities controlled by two self-proclaimed franchise veterans filed suit in Ohio federal court against a travel center operator acquired by BP in 2023, alleging the company terminated a franchise agreement without warning and caused at least $300 million in damages.
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June 14, 2024
FAA Probes Fake Titanium Docs From Boeing Supplier
The Federal Aviation Administration said Friday that it's investigating whether certain Boeing Co. jets were manufactured with titanium components that may have been sold to the plane maker with falsified authenticity documents.
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June 14, 2024
Employment Authority: High Court's NLRB Injunction Shift
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on the U.S. Supreme Court's opinion involving Starbucks that standardized the National Labor Relations Board's injunction test, a look at Law360's pay disclosure law tracker and a review of the U.S. Equal Employment Opportunity Commission's amicus briefs in the first half of 2024.
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June 14, 2024
Novant Urges 4th Circ. To Reject FTC's 'Emergency' Bid
Novant Health told the Fourth Circuit there is no need to block its planned North Carolina hospital purchase while the Federal Trade Commission pushes a merger challenge, saying the deal will increase competition by preventing the hospitals from closing.
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June 14, 2024
DOJ Can't Force Retroactive FARA Registration, DC Circ. Says
The U.S. Department of Justice can't force casino magnate Steve Wynn to retroactively register as a foreign agent because his alleged lobbying efforts on behalf of China ended years ago, a D.C. Circuit panel ruled Friday.
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June 14, 2024
Off The Bench: Ex-Players Claim NIL, Loss For Trans Swimmer
In this week's Off The Bench, the 1983 men's college basketball champions want a piece of the loot the NCAA made off of their names, swimmer Lia Thomas loses in her bid to overturn an international trans athlete ban, and the House gets a bill through committee that would keep college athletes from becoming employees.
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June 14, 2024
DC Circ. Backs FERC Climate Reviews In Pipeline Project Row
The D.C. Circuit on Friday appeared to endorse the Federal Energy Regulatory Commission's current method of evaluating the climate change impacts of gas infrastructure projects in approval in rejecting an environmental group's challenge of the agency's pipeline upgrade project serving the New York City area.
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June 14, 2024
Guo's Crypto Venture Raised 'Red Flags,' Investigator Says
A compliance investigator at cryptocurrency wallet provider BitGo testified in Manhattan federal court Friday that he identified multiple "financial crime red flags" in the digital asset exchange promoted by Chinese dissident Miles Guo.
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June 14, 2024
Enviros Fight FERC OK Of Pipeline Feeding Mexico LNG Plant
The Sierra Club and Public Citizen called on the D.C. Circuit to review the Federal Energy Regulatory Commission's approval of a methane gas pipeline to run between West Texas and Mexico, asserting the agency failed to conduct a thorough analysis of the pipeline's 157 U.S.-based miles.
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June 14, 2024
Red State Challenge To EEOC Pregnant Worker Rule Falls Flat
An Arkansas federal judge on Friday rejected a bid from a group of Republican state attorneys' general to freeze the U.S. Equal Employment Opportunity Commission's rule implementing the Pregnant Workers Fairness Act ahead of its June 18 effective date, refusing to issue an injunction and ruling they lacked standing to invalidate the regulations.
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June 14, 2024
GC Cheat Sheet: The Hottest Corporate News Of The Week
The governor of Vermont vetoed a legislative proposal that would have given consumers not only new data privacy rights but also the rare opportunity to sue large businesses for certain violations, and a multipart Delaware General Corporation Law amendment that would let boards cede some governance rights to big stockholders sailed through the state's Senate without debate or an opposing vote. These are among the stories in corporate legal news you may have missed in the past week.
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June 14, 2024
Dog Adoption Groups Assail 'Radical' CDC Import Rule
A "radical" new rule issued by the Centers for Disease Control and Prevention banning the import of dogs younger than six months does nothing to combat canine rabies and instead will lead to the death of thousands of puppies that U.S. citizens are eager to adopt, according to a suit filed by a group of animal adoption charities.
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June 14, 2024
NC AG Wants Counterclaims Canned In Hospital Contract Suit
North Carolina's attorney general has sought to dodge counterclaims in a suit accusing a for-profit health network of reneging on promises it made when it bought an Asheville hospital, saying he should be immune and the claims are otherwise redundant.
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June 14, 2024
Full DC Circ. Won't Hear Foreign Disclosure Penalty Dispute
The D.C. Circuit declined to reconsider its ruling overturning a major U.S. Tax Court decision that had crimped the administrative collection arm of the Internal Revenue Service, letting stand a panel's restoration of the agency's power to more freely penalize undisclosed foreign corporations.
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June 14, 2024
Mass. Pot Regulators Lift Ban On Shipping To Islands
Massachusetts cannabis regulators approved an administrative order that will allow retailers on the islands of Martha's Vineyard and Nantucket to source their pot from mainland suppliers.
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June 14, 2024
DOJ's Google Ad Tech Suit Bound For Sept. Trial
A Virginia federal judge said Friday that the U.S. Department of Justice's lawsuit accusing Google of monopolizing technology used to place ads on third-party websites will go to trial, finding too many factual disputes to let the search giant nix the case.
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June 13, 2024
CFPB's Chopra Sees 'Pressing Need' For Data Protections
Consumer Financial Protection Bureau Director Rohit Chopra zeroed in on data usage and privacy during a Thursday hearing with House lawmakers, calling for sharper limits on what financial firms can do with customer data while also seeking to assuage concerns about his agency's plans for data sharing and data broker rules.
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June 13, 2024
Goldman Exec's 'Mind Entirely Blown' By Fake Ozy Media Call
A former Goldman Sachs executive who was looking into taking a stake in Carlos Watson's Ozy Media testified on Thursday that she was floored during a due diligence call when it became clear that someone was impersonating a YouTube executive in an apparent effort to persuade the bank to invest in Watson's startup.
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June 13, 2024
Justices Hand Abortion Advocates An Incomplete Win
The U.S. Supreme Court's rejection Thursday of a challenge to the abortion drug mifepristone will do little to safeguard long-term access to the medication while suggesting that it will be up to voters, not judges, to settle some of the nation's abortion debates, attorneys say.
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June 13, 2024
Vt. Gov. Blocks 'Outlier' Data Privacy Bill With Lawsuit Trigger
Vermont's governor on Thursday vetoed a legislative proposal that would have given consumers not only new data privacy rights but also the rare opportunity to sue large businesses for certain violations, expressing concerns with the significant "risks" created by the "outlier" measure and urging the Legislature to instead embrace the model adopted by Connecticut and more than a dozen other states.
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June 13, 2024
FTC's Ferguson Says He's A Law Enforcer, Not A Policymaker
Recently minted Federal Trade Commissioner Andrew Ferguson said Thursday that he views his new role as a law enforcer and not a policymaker and said the biggest issue for antitrust law right now is dealing with Big Tech.
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June 13, 2024
Telecom Says Gov't Switching Sides In Dish Suit Is 'Bad Faith'
Vermont National Telephone Co. is fighting to preserve its false claim suit against Dish Network and others in the face of a dismissal bid from the federal government, arguing in a newly public filing in D.C. federal court that the government has provided no good reason for its "bad faith" change of heart.
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June 13, 2024
FERC Faces Chorus Of Calls To Rethink Grid Policy Overhaul
Dozens of requests that the Federal Energy Regulatory Commission reconsider parts or all of its sweeping revision of its regional transmission planning policies have been filed, some of which could telegraph future court challenges if the agency ultimately sticks to its guns. Here's a roundup of the notable issues raised in the rehearing requests for FERC Order No. 1920.
Expert Analysis
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Expect Tougher Bank Exams 1 Year After Spring 2023 Failures
With federal banking agencies still implementing harsher examinations with swifter escalations a year after the spring 2023 bank failures, banks can gain insight into changing expectations by monitoring how the Federal Reserve Board, Office of the Comptroller of Currency and Federal Deposit Insurance Corp. are coordinating and updating their exam policies, say attorneys at Debevoise.
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Could 'General Average' Apply To The Key Bridge Crash?
While the owner and operator of the vessel that struck Baltimore's Francis Scott Key Bridge have sought legal protection under the Limitation of Liability Act, they could choose to invoke the long-standing principle of general average, if supported by the facts of the crash and the terms of their contracts with cargo owners, says Julie Maurer at Husch Blackwell.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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Breaking Down EPA's Rule On PFAS In Drinking Water
Last week, the U.S. Environmental Protection Agency finalized the first enforceable federal drinking water regulation for PFAS, which, along with reporting and compliance requirements for regulated entities, will have a number of indirect effects, including increased cleanup costs and the possible expansion of existing Superfund sites, say attorneys at Morgan Lewis.
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Unpacking The Interim Vet-Owned Small Biz Verification Rule
Government contractors that intend to bid for service-disabled veteran-owned small business set-aside contracts should immediately consider the potential impacts of a recently issued rule that specifies how contracting officers will verify that they have certified their status, say Derek Mullins and Beth Gotthelf at Butzel.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Compliance Strategies To Mitigate 3 New Areas Of AI Risk
The era of artificial intelligence-assisted corporate crime is here, but several concrete mitigation strategies can allow companies to address the new, rapidly evolving threats posed by deepfakes, information barrier evasion and AI model manipulation, say attorneys at Debevoise.
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Refresher On Employee Qualifications For Summer Interns
Before companies welcome interns to their ranks this summer, they should consider the extent to which the interns may be entitled to the same legal protections as employees, including the right to be paid for their hours worked and to receive at least minimum wage and overtime, says Kate LaQuay at Munck Wilson.
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Expect An Increase In Robinson-Patman Act Enforcement
Recent actions by the Federal Trade Commission and prominent lawmakers should be viewed as a harbinger of renewed scrutiny of price discrimination in all industries and a sign that Robinson-Patman Act investigations and enforcement actions are likely to see an uptick, say attorneys at Morgan Lewis.
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The Drawbacks Of Banking Regulators' Merger Review Plans
Recent proposals for bank merger review criteria by the Office of the Comptroller of the Currency and Federal Deposit Insurance Corp. share common pitfalls: increased likelihood of delays, uncertainties, and new hurdles to transactions that could impede the long-term safety and soundness of the banks involved, say attorneys at WilmerHale.
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'Beauty From Within' Trend Poses Regulatory Risks For Cos.
Companies capitalizing on the current trend in oral supplements touting cosmetic benefits must note that a product claim that would be acceptable for an externally applied cosmetic may draw much stronger scrutiny from the U.S. Food and Drug Administration when applied to a supplement, say Natalie Rainer and Katherine Staba at K&L Gates.
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SEC Off-Channel Comms Action Hints At Future Enforcement
Although the U.S. Securities and Exchange Commission’s recent enforcement action against Senvest does not shed light on how the agency will calibrate penalties related to off-channel communications violations, it does suggest that we may see more cases against standalone investment advisers, say attorneys at Sidley.
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Perspectives
Criminal Defendants Should Have Access To Foreign Evidence
A New Jersey federal court recently ordered prosecutors to obtain evidence from India on behalf of the former Cognizant Technology executives they’re prosecuting — a precedent that other courts should follow to make cross-border evidentiary requests more fair and efficient, say Kaylana Mueller-Hsia and Rebecca Wexler at UC Berkeley School of Law.
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McKesson May Change How AKS-Based FCA Claims Are Pled
The Second Circuit’s analysis in U.S. v. McKesson, an Anti-Kickback Statute-based False Claims Act case, provides guidance for both relators and defendants parsing scienter-related allegations, say Li Yu at Dicello Levitt, Ellen London at London & Stout, and Erica Hitchings at Whistleblower Law.
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How Cos. Can Prep For New Calif. Privacy Regulations
The California Privacy Protection Agency has been very active in the first quarter of 2024 and continues to exercise its rulemaking authority with proposed draft regulations, so retailers should prepare for California Consumer Privacy Act enforcement and figure out how best to comply, say attorneys at Dentons.