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Compliance

  • April 23, 2019

    What Drove DOJ's 1st Opioid Distributor Charges?

    The U.S. Department of Justice’s first felony charges accusing a drug distributor of fueling the opioid crisis involve familiar allegations of reckless painkiller sales that until now have been punished with civil penalties. But the accusations are also backed up by direct accounts of C-suite complicity, one of several factors that likely tipped the case into criminal waters.

  • April 23, 2019

    'Deception And Greed' Drove Platinum Fraud, Jury Hears

    A New York federal jury on Tuesday heard opening arguments in the long-awaited fraud trial of former Platinum Partners executives accused of conning the now defunct $1 billion hedge fund's investors, with a prosecutor saying the case boils down to "deception and greed."

  • April 23, 2019

    Utah Warrant Bill Raises Stakes For Cops' Digital Data Grabs

    A new Utah law that forces police to obtain a warrant before they can gain access to any person's electronic data could have implications far beyond law enforcement, including for how employers and big tech companies respond to police demands for data.

  • April 23, 2019

    4 Things To Know About Facebook's New General Counsel

    The former Davis Polk partner tapped Monday as Facebook’s next general counsel is joining the social media giant amid unprecedented government scrutiny, but a packed resume shows she is no stranger to dealing with international policy and probing questions from lawmakers.

  • April 23, 2019

    EEOC Announces Flurry Of Discrimination Settlements

    The U.S. Equal Employment Opportunity Commission has announced five settlements in disability, religion and age bias cases since Thursday, garnering a total of $415,000 in payouts and wrapping up lawsuits against companies including retailer Party City and grocery store chain Safeway.

  • April 23, 2019

    Big Biz Universally Beefing Up Compliance Units, KPMG Finds

    Big companies and other organizations across a variety of industries are boosting their ethics and compliance efforts, particularly in internal investigations, according to a new report from KPMG LLP.

  • April 23, 2019

    9th Circ. Cements DOL's $7.4M Win In 401(k) Fee Battle

    City National Corp. can’t get out of paying $7.4 million to the U.S. Department of Labor to atone for collecting millions more than it should have in fees for 401(k) plan recordkeeping, the Ninth Circuit held Tuesday.

  • April 23, 2019

    CFPB Says It Will Add More Detail To Investigative Demands

    The Consumer Financial Protection Bureau said Tuesday it will start providing more details about the nature of and basis for agency investigations when it issues civil investigative demands, tightening up a key information-gathering tool that industry has often complained is used for fishing expeditions.

  • April 23, 2019

    Ex-Aveo CFO Says Securities Fraud Verdict Should Be Tossed

    The former chief financial officer of Aveo Pharmaceuticals asked a Massachusetts federal judge on Monday to erase the verdict against him for civil securities violations, saying it was based on a misreading of the law.

  • April 23, 2019

    ​​​​​​​Ex-UBS Worker Not Source Of Trader Friend's Tips, Jury Told

    A former UBS compliance officer did not provide inside information to her day trader friend and co-defendant, her lawyer told a London jury Tuesday, saying the trader must have received his tips on deals the bank was working on elsewhere.

  • April 23, 2019

    DOJ Unveils 1st Criminal Charges Against Opioid Distributor

    The U.S. Department of Justice on Tuesday announced its first-ever criminal charges against a drug distributor for selling prescription opioids to pharmacies despite clear evidence the drugs were being diverted for illicit use.

  • April 22, 2019

    Mass. Man Stole $570K From Hedge Fund, Says SEC

    A hedge fund manager embezzled over $570,000 to pay for personal expenses and attempted to restore half of the stolen funds by scamming an individual investor in a fraudulent securities offering, the U.S. Securities and Exchange Commission alleged Monday in Massachusetts federal court.

  • April 22, 2019

    Facebook Taps Trump State Dept. Lawyer As General Counsel

    Facebook has hired the U.S. Department of State legal adviser as its next general counsel, the social media giant announced Monday, as it faces unprecedented government scrutiny over a string of privacy breaches and misinformation being spread on the platform.

  • April 22, 2019

    NRA Says NY Regulator Is Impeding Its Lloyd's Subpoenas

    The National Rifle Association has asked for a New York federal court's help subpoenaing material from Lloyd's of London underwriters for the organization's lawsuit alleging New York authorities have tried to snuff it out, saying the state's financial services regulator is interfering with discovery by resisting service of those subpoenas.  

  • April 22, 2019

    Big Credit Unions Ask CFPB To Relinquish Oversight

    The nation's largest credit unions asked on Monday to pick their own government watchdog, telling the Consumer Financial Protection Bureau that the agency can and should relinquish routine oversight activities to the National Credit Union Administration.

  • April 22, 2019

    NCTA Urges FCC To Tackle 'Duplicative' Calif. Cable Fees

    As the FCC considers putting limits on what localities can charge cable operators for right-of-way access, it must also look at reining in "duplicative" fees assessed by states like California, cable group NCTA told the Federal Communications Commission on Monday.

  • April 22, 2019

    Former Wynn Resorts GC Moves To Toss $1B RICO Suit

    The former general counsel for Wynn Resorts urged a Massachusetts federal court on Monday to toss a Boston racetrack's $1 billion suit accusing Wynn and others of conspiring to cheat it out of a casino license, saying it hasn’t shown there was a racketeering conspiracy among the defendants.

  • April 22, 2019

    Tesla Shrinks Board Following Independence Concerns

    Tesla Inc. is shrinking its board of directors from 11 to seven following criticism of directors' independence after CEO Elon Musk's now infamous going-private tweet.

  • April 22, 2019

    15 Minutes With AbbVie's Chief Legal Officer

    AbbVie Chief Legal Officer Laura Schumacher shared with Law360 how the biopharmaceutical company navigates a highly regulated industry, how lawyers at the highest level can remove obstacles for the advancement of female and minority attorneys, and why picking blueberries was her most challenging job to date.

  • April 19, 2019

    High Court FOIA Case May Alter Labor Agency's Disclosures

    The U.S. Supreme Court will hear arguments Monday about the standard for invoking a key exception to the Freedom of Information Act in a case that could make it harder for employers with federal contracts to keep the reams of data they send to the Office of Federal Contract Compliance Programs under wraps, experts say.

Expert Analysis

  • Rebuttal

    Jury Trials, Though In Decline, Are Well Worth Preserving

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    In a recent Law360 guest article, the author applauded the disappearance of jury trials as an inefficient, costly mechanism, but in doing so he overlooked the greater value of jury trials for our justice system, says Stephen Susman, executive director of the Civil Jury Project at NYU School of Law.

  • A Broader View Of The US Supreme Court Bar

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    During the past 15 years, three widely read articles bolstered by starstruck media have promulgated the incorrect perception — sorely in need of revision — that the U.S. Supreme Court bar is limited to a handful of elite lawyers, says Lawrence Ebner of Capital Appellate Advocacy.

  • Ex-Jumio CEO Case Shows SEC Is Watching Private Cos.

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    The U.S. Securities and Exchange Commission recently settled with the founder of Jumio for his misstatement of financial results to inflate the value of his company shares. This case is an example of what may be in store if an economic downturn hits the current stable of unicorns, say Joshua Newville and Brian Hooven at Proskauer.

  • The Potential Impact Of Reversing Chevron Deference

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    Some questions during U.S. Supreme oral arguments in Kisor v. Wilkie suggested a willingness to overturn Auer deference. If this leads to the scuttling of Chevron deference, rapidly evolving areas of law like labor and employment could benefit from a return to courts addressing ambiguities in federal statutes, says Michael Abcarian of Fisher Phillips.

  • ADA May Not Require Compliance Management Policies

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    As demonstrated by a Pennsylvania federal court's recent decision in Mielo v. Steak 'n Shake, it soon may no longer be possible to bring Americans with Disabilities Act claims against a company for failure to enact a policy that requires finding and removing potential physical barriers, say attorneys at Squire Patton Boggs.

  • How Treaties Protect Investors When Clean Energy Regs Shift

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    When changes in clean energy regulations lead to investor disputes, domestic companies may be limited to challenging regulatory changes in local courts, but investors from abroad can often seek remedies under international law, say attorneys at WilmerHale.

  • New FinCEN Action Is A Warning To P2P Crypto Exchangers

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    The Financial Crimes Enforcement Network recently assessed its first civil penalty against a peer-to-peer exchanger of convertible virtual currency, indicating that virtual currency exchanges of any size that fail to comply with the Bank Secrecy Act do so at their own peril, say Wade Thomson and E.K. McWilliams of Jenner & Block.

  • Inside DOJ's Recent Charitable Copay Foundation Settlements

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    On April 4, the U.S. Department of Justice announced three settlements of False Claims Act cases, offering a glimpse into the ways the DOJ believes pharmaceutical companies have used charitable copay foundations to cover copays of government health program beneficiaries, circumvent anti-kickback laws and artificially bolster high drug prices, say attorneys with Skadden.

  • New USPTO Guidance May Help Diagnostics Patents

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    While Federal Circuit decisions have created a patenting barrier for diagnostics and personalized medicine claims, the U.S. Patent and Trademark Office's revised patent subject matter eligibility guidance may allow for these patents to make a comeback, say attorneys with Morris Manning.

  • State Net

    Court Battles Slow Trump Health Care Rollbacks

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    A D.C. federal court recently struck down Trump administration waivers allowing two states to impose work requirements on Medicaid recipients. The case is part of a larger partisan struggle in which President Donald Trump and Republican state attorneys general continue their efforts to dismantle Obamacare, says Lou Cannon of State Net Capitol Journal.