Compliance

  • March 04, 2024

    FCC Inks Anti-Scam Partnership With UK Counterpart

    The Federal Communications Commission said Monday it will work formally with its U.K. counterpart to combat scam robocalls and robotexts, an announcement that came days after reaching a similar agreement with Britain's data privacy enforcer.

  • March 04, 2024

    FAA Audit Flags Boeing 737 Max 9 Production Lapses

    Boeing and its key supplier, Spirit AeroSystems, failed to comply with manufacturing quality control requirements across several departments, according to findings from a Federal Aviation Administration audit of the 737 Max 9 jets after January's harrowing Alaska Airlines midair panel blowout.

  • March 04, 2024

    Catching Up With Delaware's Chancery Court

    A Swedish music producer's takeover, a proposed award payable in Tesla shares, Truth Social stock squabbles, and an unusually blunt slap down from the bench added up to an especially colorful week in Delaware's famous court of equity. On top of that came new cases about alleged power struggles, board entrenchment, consumer schemes and merger disputes.

  • March 04, 2024

    1st Circ. Grapples With Crypto Exchange Tax Doc. Seizure

    First Circuit judges grappled Monday with an investor's claim that the IRS violated his privacy and property rights when it seized his account records from cryptocurrency exchange Coinbase, trying to establish during oral arguments to what extent the exchange was different from a traditional bank.

  • March 04, 2024

    Justices Won't Review Ex-Merrill Lynch Traders' Fraud Case

    The U.S. Supreme Court said Monday it will not take up an appeal from two former Merrill Lynch traders who were convicted in Chicago federal court of spoofing the precious metals market.

  • March 04, 2024

    Ohio Agency Puts Discovery On Hold In FirstEnergy Probes

    The Ohio utilities commission will hold off discovery for its just-unfrozen investigations arising from FirstEnergy Corp.'s notorious bribery scandal after the state attorney general's office warned that compelling testimony from anyone allegedly involved in the scheme could make them immune from criminal prosecution.

  • March 04, 2024

    JetBlue, Spirit Nix $3.8B Deal After Court Block

    JetBlue Airways said Monday that it has reached an agreement with Spirit Airlines to end their planned $3.8 billion merger, after the U.S. Department of Justice convinced a Massachusetts federal court to block the deal earlier this year.

  • March 04, 2024

    Trump's Former Finance Chief Pleads Guilty To Perjury

    Allen Weisselberg, the longtime former financial chief of Donald Trump's real estate business empire, admitted Monday to lying under oath in the New York attorney general's civil fraud case as part of a plea deal to serve five months in jail.

  • March 01, 2024

    Google Gets Ad Tech Monopolization MDL Trimmed

    A New York federal judge on Friday threw out a number of claims in sprawling multidistrict litigation over Google's alleged monopoly in digital advertising, although the judge held that Google must continue to face limited claims from publishers and advertisers in several cases.

  • March 01, 2024

    Tesla Stock For Fees? Attys Who Got Musk's Pay Cut Say Yes

    The lawyers who convinced the Delaware Chancery Court to scuttle Elon Musk's proposed $55 billion Tesla compensation package on Friday filed a request for legal fees that came with a twist — they want to be paid in Tesla stock that rounds out to about $5.6 billion.

  • March 01, 2024

    Wealthy Calif. City Fighting Uphill In 'Builder's Remedy' Suit

    Attorneys for a pro-housing group and a real estate developer praised a Los Angeles judge's tentative ruling Friday that a wealthy suburb violated a state housing law by rejecting a development that would include low-income units, but urged him to find the decision was made in bad faith.

  • March 01, 2024

    3rd Circ. Preview: Exxon Whistleblower Case Fuels March

    Headlining the list of Third Circuit arguments in March is a bid from a pair of ExxonMobil whistleblowers to have the courts recognize an Occupational Safety and Health Administration order reinstating their jobs after they were fired following a press report mirroring internal complaints they made about the company's alleged misjudgment of energy output in the Delaware River Basin. 

  • March 01, 2024

    2nd Circ. Won't Revive Ex-Barclays Exec's Whistleblower Suit

    The Second Circuit on Friday affirmed a lower court's decision to toss a whistleblower suit from a former Barclays executive, finding that he didn't sufficiently back up his allegations of retaliation under the Sarbanes-Oxley Act.

  • March 01, 2024

    Pepsi, Kraft And GE Can't Block DEI, Enviro Proxy Proposals

    A division of the U.S. Securities and Exchange Commission has rejected bids from PepsiCo Inc., The Kraft Heinz Co. and General Electric Co. to exclude from their upcoming proxy statements proposals from a conservative think tank on diversity and environmental matters.

  • March 01, 2024

    USPTO Wants To Make Patent Amendment Pilot Official

    The U.S. Patent and Trademark Office plans to formalize its pilot program assisting patent owners in amending challenged claims, according to a Federal Register notice on Friday.

  • March 01, 2024

    LGBTQ+ Org. Seeks To Ward Off Paxton's Documents Demand

    An LGBTQ+ advocacy group has sued Texas Attorney General Ken Paxton and his office over a civil investigative demand for documents in connection with a state law banning gender-affirming care for transgender youths, saying the demand violates the organization's and its members' constitutional rights.

  • March 01, 2024

    FTC, DOJ Slam Use Of Software To Fix Rent Payments

    The Federal Trade Commission and the U.S. Department of Justice on Friday told a Washington federal judge that landlords can't collude on housing prices even if they're using new technology to do it, adding their input to a case accusing property owners of fixing rental costs with Yardi Systems Inc. software.

  • March 01, 2024

    Wash. Seeks Injunction To Force GEO ICE Prison Inspections

    The Washington state labor and health departments have urged a Washington federal judge to compel GEO Group to let inspectors inside a Seattle-area immigrant detention facility, saying the private prison giant will otherwise continue to block entry and keep regulators from investigating complaints about unsafe and unsanitary conditions.

  • March 01, 2024

    Cannabis Consulting Co. Says Clinic Owes $101K On Contract

    A laboratory and consulting firm that focuses on the cannabis industry alleged that a Michigan clinic owes the firm more than $100,000 for unpaid services, according to a lawsuit filed in Colorado federal court.

  • March 01, 2024

    BofA Trims Zelle Fraud Victims' Suit For Good On 3rd Try

    A California federal judge has again trimmed a lawsuit accusing Bank of America of refusing to reimburse Zelle fraud victims, narrowing the case to a breach of contract claim and denying the plaintiffs another opportunity to rework their complaint.

  • March 01, 2024

    DC Circ. Revives BuzzFeed's Bid For HSBC Laundering Report

    The D.C. Circuit handed former BuzzFeed reporter Jason Leopold a win Friday, reviving his fight to unseal a 2015 report on money laundering at HSBC Bank and remanding the Justice Department's earlier district court summary judgment win in the case.

  • March 01, 2024

    FTC Wants To Split Amazon Antitrust Trial

    The Federal Trade Commission has asked a Washington federal court to split its landmark monopolization case against Amazon into two phases, with a trial to determine if the company violated antitrust law and another to mull potential fixes if the court finds that it did.

  • March 01, 2024

    DC Circ. Says EPA Went Too Far In Voiding State Air Plans

    The D.C. Circuit on Friday handed the U.S. Environmental Protection Agency a mixed bag regarding its authority to veto state air pollution plans, finding some state policies that exempt polluting facilities during startup, shutdown and malfunction phases are acceptable under the Clean Air Act, while others are not.

  • March 01, 2024

    Employment Authority: Leap Year Wage Compliance Tips

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with tips for employers on wage and hour compliance during a leap year, experts' take on a Texas state judge's ruling that a school district's policy prohibiting a Black student from wearing locs wasn't illegal, and an in-depth look at the National Labor Relations Board's decision finding Home Depot unlawfully told a worker to remove a Black Lives Matter message from their apron.

  • March 01, 2024

    GSK, Shook Hardy Can Recover Costs After Zofran MDL Win

    GlaxoSmithKline and its attorneys from Shook Hardy & Bacon LLP can recover more than $450,000 in legal costs after beating a multidistrict suit claiming the company's anti-nausea drug Zofran caused birth defects, a federal judge has ruled.

Expert Analysis

  • Employer Pointers As Wage And Hour AI Risks Emerge

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    Following the Biden administration's executive order on artificial intelligence, employers using or considering artificial intelligence tools should carefully assess whether such use could increase their exposure to liability under federal and state wage and hour laws, and be wary of algorithmic discrimination, bias and inaccurate or incomplete reporting, say attorneys at ArentFox Schiff.

  • How New EU Tax And Transfer Pricing Rules May Affect M&A

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    Companies involved in mergers and acquisitions may need to adjust fiscal due diligence procedures to ensure they consider potential far-reaching effects of newly implemented transfer pricing measures, such as newly implemented global minimum tax and European Union anti-tax avoidance directives and proposals, says Patrick Tijhuis at BDO.

  • Employers: Prep For Shorter Stock Awards Settlement Cycle

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    Companies that provide equity compensation in the form of publicly traded stock will soon have one less day to complete such transactions under U.S. Securities and Exchange Commission and Nasdaq rules — so employers should implement expedited equity compensation stock settlement and payroll tax deposit procedures now, say attorneys at Morgan Lewis.

  • Complying With Enforcers' Ephemeral Messaging Guidance

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    Given federal antitrust enforcers’ recently issued guidance on ephemeral messaging applications, organizations must take a proactive approach to preserving short-lived communications — or risk criminal obstruction charges and civil discovery sanctions, say attorneys at Manatt.

  • New FinCEN Guide Provides Useful BOI Context For Banks

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    Financial institutions should review a new Financial Crimes Enforcement Network compliance guide for helpful details about how the agency's beneficial ownership database should be used, though questions remain about the access rule and whether it will truly streamline bank borrowers' Corporate Transparency Act due diligence, says George Singer at Holland & Hart.

  • What's New In FDA's Updated Data Monitoring Guidance

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    The U.S. Food and Drug Administration's new guidance on the use of data monitoring committees in clinical trials is set to replace the agency's 2006 guidance on the topic, with notable updates including stronger language indicating a more stringent stance against financial conflicts of interest and adaptation to recent changes in DMC structure, say attorneys at Hogan Lovells.

  • Opinion

    Suits Against Insulin Pricing Are Driven By Rebate Addiction

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    A growing wave of lawsuits filed by states, cities and counties against insulin manufacturers and pharmacy benefit managers improperly allocate the blame for rising insulin costs, when in actuality the plaintiffs are partially responsible, says Dan Leonard at Granite Capitol Consulting.

  • Conn. Data Privacy Enforcement Takeaways For Cos.

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    In light of the Connecticut attorney general's recently released report on its enforcement of the Connecticut Data Privacy Act, which focuses on companies' privacy policies, protections of sensitive data and more, businesses can expect increased enforcement scrutiny — especially in areas that are the subject of consumer complaints, say Paul Pittman and Abdul Hafiz at White & Case.

  • Lessons For D&O Policyholders From Pharma Co. Ruling

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    A California federal court's recent decision in AmTrust v. 180 Life Sciences, requiring insurers to advance defense costs for a potentially covered claim, provides a valuable road map for directors and officers insurance policyholders, rebutting the common presumption that a D&O insurer's duty to advance costs is more limited than under other policies, say attorneys at Pasich.

  • How Firms Can Ensure Associate Gender Parity Lasts

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    Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.

  • Regulatory Trends Offer 4 Lessons For Debt Relief Providers

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    A string of enforcement actions, including a New York lawsuit filed last month by seven states and the Consumer Financial Protection Bureau, underscore the regulatory scrutiny that debt relief and credit repair companies face and offer important lessons on telemarketing and deceptive practices compliance, say attorneys at Sheppard Mullin.

  • Bracing Cos. For Calif. Privacy Agency's Restored Authority

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    A recent California state appeals court decision greenlights the California Privacy Protection Agency's enforcement of certain consumer privacy regulations, which may speed up compliance requirements, so businesses considering use of artificial intelligence, for instance, may want to reassess their handling of privacy notices and opt-out requests, say Kevin Angle and Matthew Cin at Ropes & Gray.

  • Opinion

    OFAC Should Loosen Restrictions On Arbitration Services

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    The Office of Foreign Assets Control regulations should be amended so that U.S. persons can provide arbitration services to sanctioned parties — this would help align OFAC policy with broader U.S. arbitration policy, promote efficiency, and effectively address related geopolitical and regulatory challenges, says Javier Coronado Diaz at Diaz Reus.

  • 6 Ways To Minimize Risk, Remain Respectful During Layoffs

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    With a recent Resume Builder survey finding that 38% of companies expect to lay off employees this year, now is a good time for employers to review several strategies that can help mitigate legal risks and maintain compassion in the reduction-in-force process, says Sahara Pynes at Fox Rothschild.

  • Proposed RCRA Regs For PFAS: What Cos. Must Know

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    Two rules recently proposed by the U.S. Environmental Protection Agency would lead to more per- and polyfluoroalkyl substances being regulated under the Resource Conservation and Recovery Act, and would increase the frequency and scope of corrective action — so affected industries should prepare for more significant cleanup efforts, say attorneys at Alston & Bird.

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