Compliance

  • September 24, 2021

    Ky. Hospital Workers Can't Block Vaccine Mandate

    A Kentucky federal judge declined to provide a preliminary injunction to a group of hospital workers attempting to block their employer's COVID-19 vaccine mandate, ruling Friday that they have neither shown they're likely to succeed in their challenge nor that their individual liberties are being harmed.

  • September 24, 2021

    'Nontraditional Questions' Appearing In FTC Merger Probes

    In at least some merger probes the Federal Trade Commission appears in recent months to have started asking questions that antitrust attorneys say they've never fielded before, including queries about unionization at the merging companies, environmental issues and corporate governance practices.

  • September 24, 2021

    SEC's 1st Crowdfunding Enforcement Turns Heat On Portals

    The U.S. Securities and Exchange Commission's decision to target a crowdfunding portal in its first enforcement action involving such capital campaigns sends a strong signal that regulators expect intermediaries to thoroughly vet these fundraising efforts or face repercussions, attorneys said.

  • September 24, 2021

    Virginia Doctor Pleads Guilty In $1.8M Rx Fraud Scheme

    A Washington-area physician has admitted participating in a "fraud scheme" to prescribe pain and scar creams in order to receive a kickback from a pharmacist, defrauding health insurance programs out of $1.8 million, the U.S. Attorney's Office for the Eastern District of Virginia said Friday.

  • September 24, 2021

    India's Antitrust Unit Pours Out $118M In Beer Cartel Fines

    India's competition enforcer has fined United Breweries and a local Carlsberg unit a total of $117.9 million for allegedly participating in a cartel among beer companies, while a subsidiary of Anheuser Busch InBev avoided a penalty by being the first to cooperate with enforcers.

  • September 24, 2021

    Interest-Earning Crypto Crackdown Is Bigger Than Coinbase

    Coinbase's cancellation of a planned cryptocurrency lending program over threatened litigation from the U.S. Securities and Exchange Commission is just the latest and most conspicuous episode in a wider regulatory crackdown on interest-earning crypto products.

  • September 24, 2021

    China Bans All Crypto Transactions In Broad Clampdown

    China declared all cryptocurrency transactions in the country illegal Friday, marking its harshest crackdown yet on the burgeoning industry.

  • September 24, 2021

    Kentucky Joins Clampdown On Celsius' Crypto Accounts

    Kentucky has ordered digital asset company Celsius to stop offering interest-bearing cryptocurrency accounts, becoming the latest state to flag the product as a security amid wider scrutiny of cryptocurrency lending products.

  • September 24, 2021

    SEC Pays $36M To Tipster Who Was Also 'Culpable' In Scheme

    The U.S. Securities and Exchange Commission announced Friday that it has paid about $36 million to a whistleblower, even though the related order states that the individual delayed reporting their information for over five years and was "culpable" in the underlying scheme. 

  • September 24, 2021

    CFPB Nabs $20M Penalty Against Mortgage Lender Exec

    A California federal judge has ordered an executive of mortgage lender Monster Loans to pay a $20 million civil penalty to the Consumer Financial Protection Bureau, which accused him of illegally accessing credit reports for allegedly predatory student debt refinancing companies.

  • September 24, 2021

    Crypto Exchange Blacklisting To Test US Sanctions' Teeth

    The U.S. Department of the Treasury's unprecedented blacklisting of a cryptocurrency platform accused of helping cybercriminals convert funds into real-world currency will test its ability to sway ransomware actors' behavior, as officials sharpen their pitch for victims to report attacks.

  • September 24, 2021

    SEC Says $100M Auto-Loan Securitization Was Fraudulent

    The U.S. Securities and Exchange Commission has filed suit against two former executives of an Illinois-based automobile finance company for allegedly misleading investors about the subprime automobile loans that backed a $100 million offering by the company.

  • September 24, 2021

    Robinhood Taps Crypto CCO, And Other Top People Moves

    Robinhood Markets Inc. has hired an ex-counsel with Ripple and Blockchain.com as the new chief compliance officer of its cryptocurrency trading unit, while an ex-J.P. Morgan attorney landed at a New York-based private equity firm and Swedbank launched a search to replace its retiring compliance chief. 

  • September 24, 2021

    Pension Fund Unlikely To Get 2nd Shot At MiMedx Class

    A Georgia federal judge said Friday that he's likely to reject an effort by a pension fund to reopen a securities fraud class action against MiMedx Group Inc., saying there have been no new arguments raised since he dismissed the fund's claims for lack of standing.

  • September 24, 2021

    Perkins Coie Snags Obama Vet For Offshore Wind Push

    Perkins Coie LLP is welcoming an attorney with decades of experience working on renewable energy issues in both the private and public arenas to its environment, energy and resources practice, as the firm eyes work with a burgeoning offshore wind industry.

  • September 24, 2021

    Bill Tracker: Competing Antitrust Legislation In Congress

    A swell of populist frustration with the control that powerful corporations have over daily life and the economy, especially in the tech space, has spawned a deluge of legislation in Congress aimed at ramping up antitrust enforcement and encouraging competition to the dominant players.

  • September 24, 2021

    SEC Strikes $19M Bribery Settlement With Ad Giant WPP

    The U.S. Securities and Exchange Commission and WPP PLC struck a more than $19 million deal on Friday, resolving allegations that the advertising giant violated the anti-bribery provisions of the Foreign Corrupt Practices Act as it scooped up subsidiaries across the globe and repeatedly failed to act on red flags of corruption.

  • September 23, 2021

    FERC Puts New Grid Regs On Table After Texas Blackouts

    Power plant owners should be required to winterize their facilities in order to avoid a repeat of the widespread, deadly blackouts in Texas caused by Winter Storm Uri, federal grid regulators said Thursday.

  • September 23, 2021

    SEC Letter Raises Climate Reporting Bar Before Rules Drop

    The U.S. Securities and Exchange Commission has begun rolling out letters nudging public companies to bolster their disclosures related to climate-related risks in SEC filings, an apparent effort to set a higher bar for business in anticipation of the agency's long-awaited rulemaking on the matter.

  • September 23, 2021

    DOJ's American-JetBlue Suit An Aggressive Antitrust Flex

    President Joe Biden's pro-competition agenda is boldly targeting American Airlines, the world's largest carrier, and JetBlue over a Trump administration-approved alliance that regulators now liken to a 19th-century trust, but experts say questions remain as to whether the airlines' promises of increased consumer choice are actually being realized.

  • September 23, 2021

    8th Circ. Probes Tyson Bid To Keep COVID Suits In Fed. Court

    An Eighth Circuit panel grilled Tyson Foods on Thursday as to why the meat processing giant should be allowed to litigate twin coronavirus-related wrongful death suits in federal court rather than state court, given that it had not been under a federal mandate to stay open amid the pandemic.

  • September 23, 2021

    FTC's New Chair Wants To Be More Proactive, Preemptive

    Federal Trade Commission Chair Lina Khan sketched out her vision for more aggressive antitrust enforcement Wednesday, pledging to undo power imbalances, blunt the power of "dominant intermediaries," tackle the "root causes" of consumer and competitive harm, and actively deter "unlawful transactions."

  • September 23, 2021

    SEC Brings First Disclosure Rule Action Against Muni Adviser

    The U.S. Securities and Exchange Commission on Thursday filed what it called a first-of-its-kind case against a municipal adviser and one of its principals in California federal court, alleging they unlawfully engaged in municipal advisory activities with four charter school clients. 

  • September 23, 2021

    FTC Fights Axon's High Court Bid In Constitutional Challenge

    The Federal Trade Commission urged the U.S. Supreme Court to reject a bid from law enforcement supplier Axon Enterprise Inc. to challenge the agency's authority and structure before facing a lengthy administrative proceeding over a completed merger.

  • September 23, 2021

    FTC Probing HollyFrontier's $2.5B Energy Biz Buys

    Petroleum company HollyFrontier Corp. and its Holly Energy Partners LP unit disclosed Wednesday that the Federal Trade Commission has initiated an in-depth investigation into their plans to buy oil and pipeline businesses from The Sinclair Cos. in a pair of deals valued at about $2.5 billion.

Expert Analysis

  • Aviation Watch: Red Lights For Virgin Galactic

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    After a troubled flight in July, the Federal Aviation Administration has grounded Virgin Galactic's private spaceflight operation — and given the seriousness of the company's possible violations of federal aviation rules, its regulatory troubles could be just beginning, says Alan Hoffman, a retired attorney and aviation expert.

  • 3 Attorney Ethics Considerations For Litigation Funding

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    The growth of the litigation finance industry has generated questions on the obligations of counsel when their clients are seeking outside capital to fund litigation, which litigators must understand when providing information to a third-party funder and discussing legal strategy with a client, says Matthew Oxman at LexShares.

  • Key Trends In Recent Cyber-Related Securities Class Actions

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    ​​​​​​​A review of trends from recent cyber-related securities class actions suggests that shareholder plaintiffs will likely continue to focus on public companies' reporting deficiencies, so companies should evaluate and update their disclosures in light of litigation and information security risks, say Cara Peterman and Sierra Shear at Alston & Bird.

  • Commercial Takeaways After Tech Co. Faces Export Fine

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    The U.S. Department of State recently fined Keysight Technologies for violating U.S. export control requirements, underscoring that commercial sector companies without export compliance resources are still responsible for following the International Traffic In Arms Regulations and the Export Administration Regulations even if they have few government customers, says Thomas McVey at Williams Mullen.

  • 4 Steps For Improving Board Diversity Per New Nasdaq Rule

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    Companies should view Nasdaq's recently finalized board diversity rules as an opportunity to tap into the knowledge and resources of potential board members who may not look like or have the same life experiences as individuals who have historically served on boards, say attorneys at Shook Hardy.

  • How ABA Opinion Shifts Alternative Biz Structure Landscape

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    A recent American Bar Association opinion approving lawyers' passive investment in nonlawyer-owned firms eliminates a hurdle for law firms wishing to scale their practice through alternative business structures, but aspiring investors should follow a few best practices, say Hilary Gerzhoy and Deepika Ravi at Harris Wiltshire.

  • Telehealth Providers Must Beware Of Fraud As Industry Grows

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    A recent fraud charge against a telehealth executive highlights the rise we're seeing in telefraud scams during the industry's pandemic growth, and there are some steps that all health providers should take to stay clear of potentially illegal arrangements, says LaTawnda Moore at Dinsmore.

  • UK Focus On Int'l Data Transfers Shows Appetite For Reform

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    Recent U.K. public consultations on international transfers of personal data and structural amendments to the country's General Data Protection Regulation illustrate the post-Brexit appetite for reform and signal changes to the international data transfers regime, say Kate Brimsted and Tom Evans at BCLP.

  • How Crypto Cos. Can Help Curb Pandemic Relief Fraud

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    The conversion of pandemic relief funds to cryptocurrency impedes oversight and raises questions about whether taxpayer dollars are going to bad actors, so crypto companies should partner with law enforcement to curb fraud, while gaining credibility and protecting the industry's reputation, say Special Inspector General for Pandemic Recovery Brian Miller and former SIGPR special counsel Chris Cooke.

  • Vaccine Passport Efforts Need To Stay Mindful Of ADA Title III

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    As questions about vaccine passports' viability under Title III of the Americans With Disabilities Act prevail, companies should carefully explore whether requiring them of customers and patrons creates legitimate impediments to the full and equal access of public accommodations, say Charles Thompson and Anthony Guzman at Greenberg Traurig.

  • Opinion

    Why Coinbase Was Destined To Lose Its Battle With The SEC

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    In the wake of Coinbase's pulling of its new lending product, despite the crypto platform's initial rejection of U.S. Securities and Exchange Commission scrutiny, cybersecurity consultant John Reed Stark explains why Coinbase's defenses were doomed and that the program was obviously a security.

  • Series

    Embracing ESG: HPE Counsel Talk Effective Board Oversight

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    Governance teams can more effectively shape board oversight of environmental, social and governance issues by ensuring organizationwide agreement on the most relevant issues, building a materiality framework that reflects stakeholder input, and monitoring the integration of ESG into operations, say Rishi Varma and Derek Windham at Hewlett Packard Enterprise.

  • OPT Class Action Settlement Will Help US Retain Talent

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    The agreement reached between the U.S. Citizenship and Immigration Services and applicants for post-graduate optional practical training, to remove unintended obstacles to participation caused by pandemic-related processing delays, signals the government’s recognition that retaining U.S.-educated foreign talent is critical to the economy, says Lindsey Steinberg at Mintz.

  • Now Is The Time For A Compliance Program Tuneup

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    As pandemic-related telework continues to create new ethics risks, employers should use this opportunity to evaluate and strengthen their compliance approach using the U.S. Department of Justice’s updated guidance to prosecutors, says Raymond Perez at Fisher Phillips.

  • Parsing New Int'l Tax Reporting Rules For Pass-Throughs

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    Attorneys at Grant Thornton unpack the Internal Revenue Service’s new pass-through entity reporting requirements for international tax matters and the accompanying guidance for penalty relief, and suggest how companies should prepare for what may be the most significant change to the partnership compliance function in decades.

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