Compliance

  • April 10, 2024

    States, Wild Cards & Time: Hurdles Facing Privacy Law Push

    Congress has what many experts are calling its best chance to enact a national data privacy framework, after key leaders this week announced a surprising deal on the topic. But several factors could still derail the promising proposal, including influential stakeholders that have yet to weigh in, the upcoming election and the longstanding debate over who should enforce the law.

  • April 10, 2024

    No Merit To Autonomy Whistleblower Claims, Auditor Says

    A Deloitte partner testifying in a California criminal trial over claims that former Autonomy CEO Michael Lynch and finance director Stephen Chamberlain duped HP into buying the British tech company for $11.7 billion said Wednesday that auditors concluded that whistleblower allegations by a finance department executive were meritless.

  • April 10, 2024

    Push For Bank Capital Hike Has 'Damaged' Fed, Quarles Says

    Federal regulators' Basel III endgame proposal to raise big-bank capital requirements has "damaged" the reputation of the Federal Reserve and cannot be salvaged just by watering it down, the central bank's former bank regulatory chief said Wednesday.

  • April 10, 2024

    GOP Rep. Calls On SEC To Delay Climate Rule Compliance

    A Republican congressman said Wednesday that he plans to ask the U.S. Securities and Exchange Commission to push back the compliance timeline for controversial rules governing corporate climate disclosures, indicating that the agency's agreement to temporarily stay the rules' implementation during the course of a legal challenge is not enough.

  • April 10, 2024

    DOJ Hits Regeneron With False Claims Act Suit Over Eylea

    The federal government has brought a False Claims Act intervenor complaint in Massachusetts against Regeneron, alleging the pharmaceutical giant fraudulently withheld information from its Medicare reports seeking reimbursement for its drug Eylea, the U.S. Department of Justice announced Wednesday. 

  • April 10, 2024

    Tribes Sue Social Platforms Over Native Youth Suicides

    Two Native American tribes are suing social media giants, accusing them of relentlessly pursuing a strategy of "growth-at-all-costs" that has contributed to the disproportionately high rates of mental health crisis and suicide affecting Indigenous youth that is devastating Indian Country.

  • April 10, 2024

    BDO Fights SEC's 'Misdirected' Call For 2nd Circ. Rehearing

    BDO USA LLP is urging the Second Circuit not to reconsider a decision that freed the firm from private litigation over AmTrust Financial Services Inc.'s financial restatements, saying the court should not heed "misdirected concerns" from the U.S. Securities and Exchange Commission about the ruling's supposed impact on shareholders' ability to sue public company auditors.

  • April 10, 2024

    DOJ's Apple Antitrust Suit Gets New Judge After Recusal

    The New Jersey federal judge overseeing the U.S. Department of Justice's recent iPhone antitrust case against Apple recused himself from the litigation Wednesday, according to a text order posted to the docket reassigning the case.

  • April 10, 2024

    Lawmakers Ask GAO To Review Native Remains Act

    Two Democratic members of the U.S. House have urged the Government Accountability Office to conduct a thorough review of how the federal Native American Graves Protection and Repatriation Act is implemented, saying tribes have complained of deficiencies in the return of their ancestral remains and cultural objects.

  • April 10, 2024

    Enforcers Are Learning How To Pursue Suits Against Big Tech

    The pending antitrust cases targeting large technology platforms in the U.S. and Europe, including those against Google, Amazon and Apple, offer important lessons about digital markets, enforcers said Wednesday.

  • April 10, 2024

    Colo. AG Says Kroger Divestiture Plan Is Best Left For Trial

    Colorado's attorney general wants a state judge to block Kroger and Albertsons from presenting evidence about a new divestiture plan at an upcoming hearing on the state's motion to temporarily block the grocers' merger, claiming the yet-to-be revealed plan is a strategy to "win by ambush."

  • April 10, 2024

    Landmark PFAS Rule Faces Battles Over Costs And Science

    The U.S. Environmental Protection Agency on Wednesday issued the first-ever federal drinking water standards for "forever chemicals," something communities, environmental groups and politicians of both major political parties had been clamoring for. However, experts said the novel rulemaking will attract tough legal battles over implementation costs, supporting science and other elements.

  • April 10, 2024

    Former SEC Small Business Office Chief Joins Mayer Brown

    The former chief of the U.S. Securities and Exchange Commission's Office of Small Business Policy has joined Mayer Brown LLP as a partner in the firm's public companies and corporate governance practice, where she will counsel startups and established public companies on their obligations under federal securities laws and related corporate governance requirements.

  • April 10, 2024

    Dubious Merger Bid? 'Find A Different Deal,' DOJ Official Says

    A U.S. Department of Justice antitrust official on Wednesday stood by the hardline Biden-era stance against most merger clearance settlements, saying that companies coming forward with potentially problematic transactions should rethink doing the deals at all or at least come with strong upfront divestiture proposals.

  • April 10, 2024

    Deported Man Can't Undo Fraud Conviction After Feds' Error

    A deported Nigerian national who confessed to fraud on promises that prosecutors would submit a letter to immigration authorities supporting his deportation defense couldn't convince the Eighth Circuit to toss his guilty plea after prosecutors mistakenly disavowed the letter.

  • April 10, 2024

    Emissions Rules' Foes May Be Forced To Yield To Automakers

    Potential challengers of vehicle emissions rules were shown they're not necessarily in the drivers' seat on the issue when the D.C. Circuit upheld California's authority to set its own greenhouse gas emissions standards and run a zero-emission vehicles program while citing the auto industry's peace with the regulations.

  • April 10, 2024

    Plastic Surgeon Owes $7.7M From Offshore Scheme, US Says

    A now-retired plastic surgeon owes the Internal Revenue Service more than $7.7 million after he ran an offshore employee leasing scheme and he and his wife transferred nearly all their assets to their then-11-year-old daughter, who is now a lawyer, the government told an Ohio federal court.

  • April 10, 2024

    EPA Files First Admin. Complaint Over Illegal HFC Import

    The U.S. Environmental Protection Agency filed an administrative complaint against USA Wholesale Inc. on Wednesday for unlawfully importing hydrofluorocarbons, marking the first time the agency has done so under the American Innovation and Manufacturing Act of 2020.

  • April 10, 2024

    CFTC Names New Watchdog After Whistleblower Allegations

    The Commodity Futures Trading Commission announced Wednesday that it has appointed the Federal Election Commission's inspector general to head its own independent watchdog office, following allegations his CFTC predecessor failed to protect whistleblowers within the agency.

  • April 10, 2024

    FDIC Details Prep For Winding Down Failing Financial Giants

    The Federal Deposit Insurance Corp. on Wednesday laid out its most comprehensive overview to date of how it would seek to resolve a failing U.S. banking giant, a scenario that would make use of as-yet untested authorities put in place after the 2008 financial crisis.

  • April 10, 2024

    Justices Asked To Ban FCA Suits Relying On Patent Reviews

    Valeant Pharmaceuticals is going to the U.S. Supreme Court to argue that information cited in Patent Trial and Appeal Board reviews cannot later be used by whistleblowers in False Claims Act lawsuits.

  • April 10, 2024

    Fla. Lawyer Seeks 'Compassion' After Loan Fraud Conviction

    Fresh off a failed bid to have her wire fraud conspiracy conviction nixed, a Florida attorney found guilty of fraudulently obtaining federal COVID-19 relief loans asked a Georgia federal judge for leniency in her upcoming sentencing.

  • April 10, 2024

    NC Justices Doubt Homeowner's Attic Fall Suit Can Go To Jury

    The North Carolina Supreme Court appeared likely Wednesday to rule against a homeowner who fell through an attic hole left by a builder, with the justices suggesting her actions may have played a part in her injury.

  • April 10, 2024

    Rural Project Winners Say 'Harsh' Realities Justify Amnesty

    Internet service providers that faced skyrocketing costs as they sought to complete federally backed broadband projects are again calling for limited relief from Federal Communications Commission penalties and a shot at future funding.

  • April 10, 2024

    DeFi Platform Uniswap Discloses SEC Enforcement Notice

    The firm behind decentralized crypto exchange Uniswap said on Wednesday that the U.S. Securities and Exchange Commission had notified the firm that it may soon face an enforcement case.

Expert Analysis

  • Takeaways From NLRB Advice On 'Outside' Employment

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    Rebecca Leaf at Miles & Stockbridge examines a recent memo from the National Labor Relations Board’s Division of Advice that said it’s unlawful for employers to restrict secondary or outside employment, and explains what companies should know about the use of certain restrictive covenants going forward.

  • FARA Enforcement May Soon Be In The Halls Of Higher Ed

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    Given Congress’ increased attention to rising foreign influence on U.S. college campuses, the U.S. Department of Justice may soon turn the Foreign Agents Registration Act spotlight on educational institutions and groups, which will need to review their possible obligations under the statute, says Tessa Capeloto at Wiley.

  • What Recent Study Shows About AI's Promise For Legal Tasks

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    Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.

  • How FinCEN Proposal Expands RE Transaction Obligations

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    Against a regulatory backdrop foreshadowing anti-money laundering efforts in the real estate sector, the Financial Crimes Enforcement Network's proposed rule significantly expands reporting requirements for certain nonfinanced residential real estate transfers and necessitates careful review, say attorneys at Fried Frank.

  • The Epic Antitrust Cases And Challenges Of Injunctive Relief

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    The Epic cases against Apple and Google offer a window into the courts' considerable challenges in Big Tech litigation and establishing injunctive relief that enhances competition and benefits consumers, say Kelly Lear Nordby and Jon Tomlin at Ankura Consulting.

  • Banks Should Continue To Prep For CFPB Data Rule Rollout

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    Consumer Financial Protection Bureau-supervised banks should not expect industry pressure to delay the rollout of proposed Section 1033 open banking rules, which regulate how consumer financial information flows between financial institutions, and prepare their required data access portals and compliance procedures now, say attorneys at Troutman Pepper.

  • 5 Trends To Watch As Value-Based Healthcare Gains Steam

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    Value-based care has grown and evolved as healthcare providers, payors and policymakers seek to improve patient results while containing costs, and this shift in the industry is expected to accelerate in the near future, say attorneys at Holland & Knight.

  • What To Know About Employee Retention Credit Disclosures

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    Employers that filed potentially erroneous employee retention credit claims should take certain steps to determine whether the IRS’ voluntary disclosure program is a good fit and, if so, prepare a strong application before the window closes on March 22, say attorneys at Dentons.

  • FERC's Updated Settlement Policy Comes With Risks For Cos.

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    The Federal Energy Regulatory Commission's newly streamlined enforcement settlement policy may increase investigation subjects' regulatory risk, so they should consider measures to protect themselves, such as periodically assessing compliance programs and mitigating any weaknesses, say attorneys at Willkie.

  • Tips For CCOs Submitting Annual Compliance Reports

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    Recent settlement actions by the U.S. Commodity Futures Trading Commission, coupled with statements made by both CFTC and U.S. Securities and Exchange Commission leadership, demonstrate why this year's chief compliance officer annual report filing is no ordinary exercise, and highlight the increasing importance of the report and its usage, say attorneys at Steptoe.

  • Fintech 'Prenups': Planning For A Card Program Breakup

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    After a year of economic downturns, some banks and their fintech partners are realizing they may have rushed to the altar without a good prenup, but planning ahead can curb both foreseeable and unexpected issues in the event of a termination of a bank-fintech card-issuing agreement, say Andrew Grant at Ketsal and Richard Malish at Community Federal Savings Bank.

  • SEC's Final Climate Disclosure Rules: What Cos. Must Know

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    While the U.S. Securities and Exchange Commission's scaled-back final rules requiring public companies to disclose certain climate-related information still face challenges in court, companies should begin preparing now to comply with the rules, say Celia Soehner and Erin Martin at Morgan Lewis.

  • Tips For Orgs Facing AI Data Privacy Compliance Challenges

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    Regulators around the world are actively seeking to enforce data privacy and consumer protection laws against companies providing artificial intelligence-related services, raising complex compliance questions in areas like transparency, data minimization, lawfulness of processing, data subject rights and higher risk activities, say attorneys at Hogan Lovells.

  • Caremark 2.0 Lends Shareholders Agency Against Polluters

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    The Caremark doctrine has been liberalized by recent Delaware court decisions into what some have termed a 2.0 version, making derivative cases against corporations far more plausible and invigorating oversight duty on environmental risks like toxic spills and air pollution, say Joshua Margolin and Sean Goldman-Hunt at Selendy Gay.

  • What Workplace Violence Law Means For Texas Healthcare

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    While no federal laws address violence against healthcare workers, Texas has recently enacted statutory protections that take effect later this year — so facilities in the state should understand their new obligations under the law, and employers in other states would be wise to take notice as well, say attorneys at Bradley Arant.

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