Compliance

  • April 23, 2024

    EPA Finishes Stronger Chemical Risk Evaluation Rule

    The U.S. Environmental Protection Agency on Tuesday announced stronger and broader regulations to assess chemicals' health and environmental risks, completing a process that started when the Ninth Circuit struck down parts of the initial rule as too weak.

  • April 23, 2024

    JAMS Implements Rules For AI-Related Disputes

    JAMS announced Tuesday that it has implemented new rules governing disputes involving artificial intelligence, making it the first organization in the alternative dispute resolution industry to establish an AI-tailored legal framework.

  • April 23, 2024

    Do Not Remand FDA Cigar Rule Without Vacatur, DC Circ. Told

    The New Civil Liberties Alliance is urging the D.C. Circuit not to remand a U.S. Food and Drug Administration rule regulating premium cigars without first vacating the regulation, saying federal agencies cannot enforce rules that have been declared unlawful.

  • April 23, 2024

    Ex-Cozen O'Connor Atty Moves In-House To DraftKings

    Cozen O'Connor's former co-chair of its state attorneys general practice has moved in-house to join major sports betting company and firm client DraftKings Inc. as its new chief responsible gaming officer.

  • April 23, 2024

    Williams-Sonoma To Pay $3.2M Over 'Made In America' Claims

    Williams-Sonoma has agreed to a $3.18 million settlement with the Federal Trade Commission for allegedly mislabeling Chinese-produced products as American-made.

  • April 23, 2024

    Md.-Based Career Public Servant Is The FTC's Newest ALJ

    The Federal Trade Commission announced the appointment of another administrative law judge on Tuesday, elevating a longtime public servant who had previously become the first female Muslim American administrative law judge at the Maryland Office of Administrative Hearings.

  • April 23, 2024

    Colo. Neural Privacy Law Has Attys Scratching Their Heads

    Colorado's governor signed the nation's first law specifically protecting neural data last week, but privacy attorneys say key caveats in the legislation leave them unsure how far the measure really goes.

  • April 23, 2024

    Atty Can Deduct $303K In Racing Ad Costs, 10th Circ. Told

    A Colorado attorney asked the Tenth Circuit to reverse a U.S. Tax Court decision that prevented him from deducting $303,000 in advertising expenses tied to his automobile racing, saying the lower court incorrectly ruled that the costs were related to a hobby rather than his litigation practice.

  • April 23, 2024

    FTC Bars Employers From Imposing Noncompete Contracts

    The Federal Trade Commission voted 3-2 on Tuesday to ban essentially all noncompete agreements that employers frequently impose on workers, leaving an earlier draft of the ban mostly unchanged other than to allow existing noncompete agreements with senior executives to remain while banning future ones for top corporate officials.

  • April 23, 2024

    Jury Finds Ex-Ecuadorian Official Guilty Of Money Laundering

    A Florida federal jury on Tuesday found the former comptroller of Ecuador guilty on all counts charged against him by the government, which accused him of taking millions of dollars in bribes and directing his son, a banker in Miami, to launder the money.

  • April 23, 2024

    DOL's Final Investment Advice Regs Expand ERISA's Reach

    The U.S. Department of Labor issued final regulations Tuesday broadening who qualifies as a fiduciary under the Employee Retirement Income Security Act, backing off some changes included in a proposal the agency released in October.

  • April 23, 2024

    King & Spalding Adds Kirkland Employment Partner In DC

    King & Spalding LLP is boosting its global employment practice with the addition of a Kirkland & Ellis LLP partner who will be part of her new firm's Washington, D.C., office.

  • April 22, 2024

    Ransomware Still On Rise Despite Better Defenses, Firm Says

    Companies are becoming more adept at fending off and responding to a steady stream of ransomware attacks, but hackers' ability to continue to profit from these incidents and increased scrutiny by regulators and the plaintiffs' bar will keep pressure on companies to remain vigilant, according to a new BakerHostetler report.

  • April 22, 2024

    HHS Finalizes Rule Bolstering Abortion Privacy Protections

    The U.S. Department of Health and Human Services on Monday issued a finalized version of its new rule that aims to protect the privacy of abortion providers and patients by prohibiting the disclosure of information related to "lawful reproductive health care," according to an announcement made by the agency.

  • April 22, 2024

    DOJ Antitrust Concerns Topple $960M Insulation Biz Merger

    Insulation and building material provider TopBuild Corp. said Monday it has terminated its $960 million agreement to buy mechanical insulation provider Specialty Products & Insulation from private equity firm Incline Equity Partners, saying it was unable to reach a deal with the U.S. Department of Justice over antitrust concerns.

  • April 22, 2024

    4 Biggest Takeaways From New EPA 'Forever Chemicals' Rule

    The U.S. Environmental Protection Agency's new rule listing two "forever chemicals" as hazardous substances under the Superfund law will introduce costly new cleanup requirements at polluted sites — that is, if the rule survives probable legal challenges targeting its novel legal foundation and the accuracy of asserted health risks.

  • April 22, 2024

    Judge Finds Feds Own Historic Virgin Islands Resort

    A U.S. Virgin Islands federal judge has found the government owns the title to the historic Caneel Bay resort on a St. John peninsula, ruling against an operator in a dispute that arose after the resort suffered damage from back-to-back Category 5 hurricanes in 2017.

  • April 22, 2024

    PacWest Wants Suit Over Alleged Rate Hike Exposure Axed

    PacWest Bancorp has urged a California federal judge to toss a proposed class action from an investor who alleges the California regional bank ignored warning signs posed by last year's collapse of Silicon Valley Bank, saying the fact that it did not anticipate the "unprecedented turmoil in the banking industry" is not a violation of federal securities laws.

  • April 22, 2024

    NY's 'Buy-Now, Pay-Later' Oversight Bill Delayed But Not Dead

    A New York state proposal to start licensing and supervising buy-now, pay-later providers didn't make the final cut in lawmakers' just-approved $237 billion budget, but a version being advanced through standalone legislation could still make it into law.

  • April 22, 2024

    Kansas Gov. Signs Earned Wage Access License Bill Into Law

    Kansas has become the fourth state to approve new laws governing so-called earned wage access products, joining Nevada, Missouri and Wisconsin in regulating services for workers seeking cash advances.

  • April 22, 2024

    CFTC Says Gemini Can't Pin Misstatements On 'Intermediary'

    The U.S. Commodity Futures Trading Commission has told a New York federal court that cryptocurrency exchange Gemini Trust Co. LLC is seeking to "shirk responsibility" for misleading the agency's staff about the risks of a proposed bitcoin futures contract.

  • April 22, 2024

    Real Estate Investment Cos. Owe SEC $8.4M For $17.5M Fraud

    A pair of companies allegedly used in service of a fraudulent real estate investment scheme will pay over $8.4 million to end claims they were part of the $17.5 million ploy that took in more than 150 would-be investors with claims that the securities involved were "recession-proof."

  • April 22, 2024

    FCC Fines AT&T, Internet Co. For Discussing Auction Bids

    AT&T Services Inc. and AMG Technology Investment Group LLC have not been able to convince the Federal Communications Commission to kibosh a combined $175,000 in fines for talking to each other during the bidding process for an auction of funds to subsidize infrastructure build-out.

  • April 22, 2024

    Ex-Tech CEO Gets 18 Months, $1M Fine For Investor Fraud

    The former CEO of software company HeadSpin Inc. will spend 18 months in prison and pay a $1 million fine after pleading guilty to wire fraud and securities fraud for cooking the books as he pitched investors and raised over $100 million.

  • April 22, 2024

    Jury Begins Deliberating In Ex-Ecuador Official's Bribery Trial

    Jurors began deliberating Monday afternoon in Florida federal court on the fate of the former comptroller of Ecuador, who prosecutors say took millions of dollars in bribes and directed his son, a banker in Miami, to launder the money.

Expert Analysis

  • Highlights From The 2024 ABA Antitrust Spring Meeting

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    U.S. merger enforcement and cartels figured heavily in this year's American Bar Association spring antitrust meeting, where one key takeaway included news that the Federal Trade Commission's anticipated changes to the Hart-Scott-Rodino form may be less dramatic than many originally feared, say attorneys at Freshfields.

  • What FERC's Disclosure Demands Mean For Cos., Investors

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    Two recent Federal Energy Regulatory Commission orders reflect the commission's increasingly meticulous approach to reviewing corporate structures in applications for approval of proposed consolidations, acquisitions or changes in control — putting the onus on the regulated community to track and comply with ever-more-burdensome disclosure requirements, say attorneys at Willkie.

  • What New Conn. Insurance Bulletin Means For Data And AI

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    A recent bulletin from the Connecticut Insurance Department concerning insurers' usage of artificial intelligence systems appears consistent with the National Association of Insurance Commissioners' gradual shift away from focusing on big data, and may potentially protect insurers from looming state requirements despite a burdensome framework, say attorneys at Day Pitney. 

  • IRS Sings New Tune: Whistleblower Form Update Is Welcome

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    In a significant reform at the Internal Revenue Service's Whistleblower Office, the recently introduced revisions to the Form 211 whistleblower award application use new technology and a more intuitive approach to streamline the process of reporting allegations of tax fraud committed by wealthy individuals and companies, says Benjamin Calitri at Kohn Kohn.

  • Corp. Transparency Act Could Survive 11th Circ. Several Ways

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    If the Eleventh Circuit upholds an Alabama federal court’s injunction against the Corporate Transparency Act, the anti-money laundering law could persist as a narrower version that could moot some constitutional challenges, but these remedies would likely generate additional regulatory or statutory ambiguities that would result in further litigation, say attorneys at Perkins Coie.

  • Macquarie Ruling Raises The Bar For Securities Fraud Claims

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    The U.S. Supreme Court's decision last week in Macquarie Infrastructure v. Moab Partners — holding that a U.S. Securities and Exchange Commission rule does not forbid omissions in company disclosures unless they render other statements false — is a major setback for plaintiffs pursuing securities fraud claims against corporations, say attorneys at Skadden.

  • First 10b5-1 Insider Trading Case Raises Compliance Issues

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    The ongoing case against former Ontrak CEO Terren Peizer is the U.S. Department of Justice's first insider trading prosecution based primarily on the filing of 10b5-1 plans, and has important takeaways for attorneys reviewing corporate policies on the possession of material nonpublic information, say attorneys at Cadwalader.

  • Inside OMB's Update On Race And Ethnicity Data Collection

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    The Office of Management and Budget's new guidelines for agency collection of data on race and ethnicity reflect societal changes and the concerns of certain demographics, but implementation may be significantly burdensome for agencies and employers, say Joanna Colosimo and Bill Osterndorf at DCI Consulting.

  • Consumer Privacy Takeaways From FTC Extraterritorial Action

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    With what appears to be its first privacy-related consent agreement with a non-U.S. business, the Federal Trade Commission establishes that its reach is extraterritorial and that consumer internet browsing data is sensitive data, and there are lessons for any multinational business that handles consumer information, say Olivia Greer and Alexis Bello at Weil.

  • Assessing Work Rules After NLRB Handbook Ruling

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    The National Labor Relations Board's Stericycle decision last year sparked uncertainty surrounding whether historically acceptable work rules remain lawful — but employers can use a two-step analysis to assess whether to implement a given rule and how to do so in a compliant manner, say attorneys at Seyfarth.

  • FDIC Bank Merger Reviews Could Get More Burdensome

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    Recently proposed changes to the Federal Deposit Insurance Corp. bank merger review process would expand the agency's administrative processes, impose new evidentiary burdens on parties around competitive effects and other statutory approval factors, and continue the trend of long and unpredictable processing periods, say attorneys at Simpson Thacher.

  • Series

    Whitewater Kayaking Makes Me A Better Lawyer

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    Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.

  • GSA's Carbon-Free Power Plan: Tips For Electricity Suppliers

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    The U.S. General Services Administration's recent request for information concerning its intent to acquire a large amount of carbon pollution-free electricity over the next decade in the PJM Interconnection region offers key insights for companies interested in becoming electric power suppliers to federal government agencies, say Shaunna Bailey and Nicholas Dugdale at Sheppard Mullin.

  • 3 Lessons From Family Dollar's Record $41.7M Guilty Plea

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    Family Dollar's recent plea deal in connection with a rodent infestation at one of its distribution facilities — resulting in the largest ever monetary criminal penalty in a food safety case — offers key takeaways for those practicing in the interconnected fields of compliance, internal investigations and white collar defense, says Jonathan Porter at Husch Blackwell.

  • This Earth Day, Consider How Your Firm Can Go Greener

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    As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.

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