Compliance

  • November 18, 2019

    GAO Says EPA Must Improve Superfund Climate Resiliency

    The U.S. Environmental Protection Agency isn't doing enough to prepare for disasters that could arise at the nation's most contaminated sites located in areas vulnerable to climate change effects, a federal government watchdog said Monday.

  • November 18, 2019

    Ex-Xerox Exec Loses Bid To Toss 16-Year-Old Gag Order

    A New York federal judge on Monday denied a former Xerox executive's request for release from a 16-year-old gag order in a securities case, telling him the request came far too late and didn't actually challenge the court's authority over him or make any claims of impropriety regarding due process.

  • November 18, 2019

    Enviros Criticize FERC’s Analysis Of Oregon LNG Project

    Environmental groups criticized the Federal Energy Regulatory Commission’s conclusion that most of the environmental problems associated with a proposed $10 billion Oregon liquefied natural gas terminal and pipeline project could be handled, arguing instead that the project could harm water quality and increase emissions.

  • November 18, 2019

    Cryptocurrency Fraudster Gets 1½ Years For ICO Scheme

    Cryptocurrency entrepreneur Maksim Zaslavskiy was sentenced to a year-and-a-half in prison Monday for issuing two fraudulent initial coin offerings in what was one of the first criminal cases to consider the applicability of federal securities laws to digital tokens.

  • November 18, 2019

    Kansas Prof. Attacks Fraud Charge Over China Program

    A researcher accused of defrauding the federal government by not disclosing his purported participation in a Chinese government talent program said on Sunday that the case would "open the floodgates" to charging employees criminally for violations of workplace policies.

  • November 18, 2019

    DOJ Says Tech Platform Inquiry Could Go Beyond Antitrust

    Deputy Attorney General Jeffrey A. Rosen said Monday that the U.S. Department of Justice’s investigation into online platforms could reach beyond potential violations of antitrust law and address issues such as privacy and public safety.

  • November 18, 2019

    OCC Proposes Rule To Settle 'Valid When Made' Questions

    The Office of the Comptroller of the Currency has addressed fallout from a 2015 Second Circuit decision that threw the validity of interest rates on transferred loans into question, proposing a rule Monday that would clarify that rates remain permissible even after transfer.

  • November 15, 2019

    Firm Rips CFPB's 'End-Run' Around Constitutional Challenge

    The Consumer Financial Protection Bureau’s recent move to scrap a lawsuit seeking to enforce a civil investigative demand against a New York debt collection law firm has been slammed by the firm as a head fake designed to prevent a New York federal judge from ruling on a constitutional challenge to the agency.

  • November 15, 2019

    Sutter Health, Doctors To Pay Combined $46M Over Kickbacks

    California-based health care provider Sutter Health and a Sacramento surgical practice group have agreed to pay a combined $46 million to resolve whistleblower allegations the doctors received kickbacks in exchange for referring patients to Sutter, the U.S. Department of Justice announced Friday.

  • November 15, 2019

    Ex-Keppel Atty Gets Probation In Petrobras Bribe Case

    A former in-house attorney for Keppel Offshore & Marine Ltd. was sentenced to probation Friday for his role in the company's overseas bribery after a Brooklyn federal judge took his cooperation with the government into account.

  • November 15, 2019

    Undo $59M CFPB Award Pending High Court Cases, Attys Say

    The principals of two mortgage relief law firms targeted in a Consumer Financial Protection Bureau lawsuit have asked a Wisconsin federal judge to take back a $59 million judgment he awarded the agency to end the case, a conclusion they said could be upended by two pending U.S. Supreme Court appeals.

  • November 15, 2019

    Enviro Says Mont. Water Quality Exception Rightly Rejected

    An environmental group said Friday that a Montana federal judge shouldn't back away from his finding that a state regulation intended to provide flexibility to polluters struggling to meet water quality standards violates the Clean Water Act. 

  • November 15, 2019

    4th Person Charged In JPMorgan Spoofing Case

    A former JPMorgan Chase & Co. salesman has become the fourth person to be charged in a criminal racketeering case over an alleged multimillion-dollar precious metals market spoofing scheme, according to a superseding indictment filed in Illinois federal court.

  • November 15, 2019

    SEC Whistleblower Office Nets $2B Sanctions After Slower '19

    Despite a slight slowdown in activity during its most recent fiscal year, the U.S. Securities and Exchange Commission’s whistleblower program has now helped the agency secure more than $2 billion in sanctions orders, according to its 2019 Annual Whistleblower Report to Congress released Friday.

  • November 15, 2019

    Atlantic Salmon Farmers Snagged In US Cartel Probe

    Following raids from European enforcers earlier this year, the U.S. Department of Justice's Antitrust Division has opened a criminal investigation into allegations of collusion in the Atlantic salmon farming industry.

  • November 15, 2019

    Manchester City's Appeal Of Finance Probe Rejected

    The Court of Arbitration for Sport said Friday that Manchester City’s appeal of a Union of European Football Associations decision to initiate a probe of potential finance rule violations must be dismissed, as the club was attempting to challenge a a ruling not yet final.

  • November 15, 2019

    SEC Awards $260K To Trio Of Whistleblowers

    The U.S. Securities and Exchange Commission awarded a total of $260,000 to three whistleblowers who helped bring down a scheme to defraud retail investors, the regulator announced Friday.

  • November 14, 2019

    Atlanta Atty, Ex-Investment Cos. GC Cops To $40M Fraud

    An Atlanta-based attorney who served as general counsel to several Georgia companies that bought life insurance policies and subprime vehicle loans has pled guilty in federal court to conspiring to defraud investors of more than $40 million, prosecutors have announced.

  • November 14, 2019

    NYDFS Pitches Plan To Streamline Supervisory Info Sharing

    The head of New York State’s top financial regulator revealed on Thursday new processes that would allow regulated entities to share “confidential supervisory information” with certain advisers, including legal counsel, without prior approval from the agency.

  • November 14, 2019

    HHS Looking Into Google Health Data Project

    The U.S. Department of Health and Human Services said Thursday that it’s investigating Google’s collaboration with hospital giant Ascension, which purportedly allowed the powerful tech company to gather health data on millions of Americans.

  • November 14, 2019

    Two Chinese Ex-Herbalife Execs Charged With Bribery

    Two former executives at health supplement company Herbalife’s Chinese subsidiary have been charged in a plot to bribe officials in return for business licenses and other advantages, federal prosecutors announced Thursday.

  • November 14, 2019

    9th Circ. Strikes Key Part Of EPA Toxic Substances Rule

    The U.S. Environmental Protection Agency must consider outdated uses of a chemical when evaluating the substance's health and environmental risks, the Ninth Circuit said Thursday.

  • November 14, 2019

    Mass. Cannabis Industry Welcomes Feds' Regulatory Probe

    Cannabis lawyers applauded news last week that the Boston U.S. attorney's office is investigating potential public corruption in the cannabis sector, saying they hope it will rein in what they see as emerging pay-to-play schemes and a regulatory climate that a state cannabis oversight official called "ripe for corruption."

  • November 14, 2019

    Former Exec At China-Owned Broker-Dealer Cops To ADR Bid Rigging

    Federal prosecutors said Thursday that a former vice president of Industrial and Commercial Bank of China Financial Services LLC has admitted his involvement in a conspiracy to rig bids for borrowed pre-release American depositary receipts.

  • November 14, 2019

    Ex-Deutsche Trader To Pay $500K To End DOJ’s RMBS Suit

    The U.S. Department of Justice announced Thursday that a former Deutsche Bank trader will pay $500,000 to settle allegations that he misled investors about the quality of loans underlying two residential mortgage-backed securities in the lead-up to the financial crisis.

Expert Analysis

  • High Court's Pass On 1 SEC Case Offers Insight Into Another

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    The U.S. Supreme Court effectively recognized the U.S. Securities and Exchange Commission's extraterritorial reach in denying certiorari in Scoville v. SEC. The move may foreshadow the high court's eventual ruling in Liu v. SEC, which will determine the regulator's authority to seek disgorgement, say Adam Schwartz and Russell Koonin at Homer Bonner.

  • The Coming Storm Of Biometric Privacy Laws: How To Comply

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    To respond to the rapidly evolving legal landscape, companies that incorporate biometric data into their business practices can take several steps to minimize the risk of privacy litigation exposure, say Jeffrey Rosenthal and David Oberly of Blank Rome.

  • Record Spoofing Settlement Provides Guidance For Traders

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    A record $67.4 million settlement the U.S. Department of Justice and the Commodity Futures Trading Commission recently negotiated with Tower Research Capital over alleged futures market spoofing offers commodities traders enforcement and compliance guidance, and reflects increasing coordination among regulators, say Charley Mills and Matt Kulkin at Steptoe & Johnson.

  • The Coming Storm Of Biometric Privacy Laws: What To Expect

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    While there are only three state biometric privacy laws on the books, there is a growing trend of states' introducing biometric privacy bills, many of which feature far-reaching private right of action provisions that would substantially increase the level of regulatory and litigation risk, say Jeffrey Rosenthal and David Oberly of Blank Rome.

  • SEC Relief For Digital Custody Co. Takes Guarded Approach

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    The U.S. Securities and Exchange Commission recently granted Paxos Trust Company limited no-action relief to settle securities using blockchain technology without registering as a clearing agency, demonstrating the regulator wants to better understand digital asset custody before allowing for broad adoption, say attorneys at Norton Rose.

  • 4 Months After Kisor V. Wilkie, Auer Deference Survives

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    Recent federal appellate and district court rulings suggest that the predicted radical curtailing of Auer deference in the wake of the U.S. Supreme Court's decision in Kisor v. Wilkie has not come to fruition, say Jeffrey Karp and Edward Mahaffey at Sullivan & Worcester.

  • DOD Clarifies Contractor Cybersecurity Certification Process

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    Amy Conant Hoang and Sarah Burgart at K&L Gates explain last week's important changes to the draft Cybersecurity Maturity Model Certification procedures, a framework developed by the U.S. Department of Defense to measure a contractor’s ability to safeguard information handled in the performance of DOD contracts.

  • Wis. PFAS Proposals Present Challenges For Businesses

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    Businesses with a presence in Wisconsin should be aware of the state's proposals for regulating per- and polyfluoroalkyl substances — in particular, its plans to set extremely low allowable levels of PFAS in drinking water, say George Marek and Lauren Harpke of Quarles & Brady.

  • Key Takeaways From Ex-Alstom Exec's FCPA Conviction

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    In U.S. v. Hoskins, a Connecticut federal court last week convicted a foreigner who did not work for a U.S. company of Foreign Corrupt Practices Act violations, presenting valuable lessons about the scope of FCPA liability and how to effectively withdraw from a bribery scheme, say Sunil Shenoi and Kim Nemirow at Kirkland.

  • Can State Laws One-Up SEC’s Regulation Best Interest?

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    Because the U.S. Securities and Exchange Commission has punted on whether Regulation Best Interest will preempt state broker-dealer conduct standards, state laws may face challenges under the doctrines of conflict preemption, as well as limitations from the federal securities laws, say attorneys at Williams & Jensen.

  • FERC Orders Advance Grid Operators' Energy Storage Plans

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    The Federal Energy Regulatory Commission recently approved two regional transmission organizations' energy storage proposals. But full integration of storage resources into the wholesale market will be complex — and ongoing litigation could force FERC to change its approach, say attorneys at Greenberg Traurig.

  • Texas Could Take Page From Mass.'s Judicial Selection Book

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    As Texas and other states review their judicial election processes, they would be well served by taking guidance from Massachusetts' Governor’s Council system, which protects the judiciary from the hazards of campaigning, says Richard Baker of New England Intellectual Property.

  • Opinion

    Flavored Vape Ban In Wash. Won't Alleviate Lung Illness Crisis

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    The Washington state cannabis industry has to abide by emergency rules passed in response to a very real health crisis, but there is no evidence, nor have there even been claims, of a connection between flavored cannabis vapor products and the outbreak of lung illnesses, says Samuel Mendez of Lane Powell.

  • Series

    Judging A Book: McKeown Reviews 'Conversations With RBG'

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    Reading Jeffrey Rosen’s "Conversations With RBG: Ruth Bader Ginsburg on Life, Love, Liberty, and Law" is like eavesdropping on the author and his subject while they discuss how the restrained judicial minimalist became the fiery leader of the opposition, says Ninth Circuit Judge M. Margaret McKeown.

  • How Pipeline Cos. Should Respond To EPA Pigging Alert

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    The U.S. Environmental Protection Agency recently took aim at air emissions from "pigging," a natural gas pipeline maintenance procedure. Midstream oil and gas operators must balance the need for internal emissions reviews and the legal and compliance issues they can produce, says David McSweeney of Hunton.