Compliance

  • October 19, 2020

    FinCEN Urges Vigilance On Human Trafficking Amid COVID-19

    The Financial Crimes Enforcement Network has issued new guidance gleaned from data collected over the past six years to help financial institutions alert authorities to potential human trafficking, noting that COVID-19 has only exacerbated the risks.

  • October 19, 2020

    Calif. Atty Aided Shell Co. Pump-And-Dump, SEC Says

    The U.S. Securities and Exchange Commission on Monday said a California crowdfunding attorney built a shell company for fraudsters and helped them conceal a pump-and-dump scheme that netted at least $7.2 million.

  • October 19, 2020

    11th Circ. Revives Hedge Fund CFO's Quest For Assets

    An Eleventh Circuit panel vacated and remanded a decision by a Georgia judge who the panel said had denied due process to the chief financial officer of a wealth management company whose CEO defrauded investors out of more than $24 million.

  • October 19, 2020

    Montana Judge Sets Aside Acting Land Bureau Head's Acts

    Land management plans approved by William Perry Pendley while he unlawfully served as the acting director of the U.S. Bureau of Land Management were vacated on Friday by a Montana federal judge who sided with the state's governor on the question.

  • October 19, 2020

    Ill. Judge Axes Ex-Merrill Lynch Trader's Spoofing Charge

    An Illinois federal judge has narrowed the government's case against two former Merrill Lynch traders accused of deceptive trading in the precious metals futures market, throwing out the criminal spoofing charge facing one of the traders after ruling it can't be prosecuted as a scheme.

  • October 19, 2020

    Valero To Pay $2.85M To Settle Refinery Pollution Allegations

    Valero Energy Corp. agreed Monday to pay a $2.85 million civil penalty and install pollution controls to settle claims it violated the Clean Air Act at 12 of its oil refinery facilities in Texas and elsewhere.

  • October 19, 2020

    Preparing The Next Generation Of Female Trial Lawyers

    To build the ranks of female trial attorneys, law firms must integrate them into every aspect of a case — from witness preparation to courtroom arguments — instead of relegating them to small roles, says Kalpana Srinivasan, co-managing partner at Susman Godfrey.

  • October 19, 2020

    Mentorship Is Key To Fixing Drop-Off Of Women In Law

    It falls to senior male attorneys to recognize the crisis female attorneys face as the pandemic amplifies an already unequal system and to offer their knowledge, experience and counsel to build a better future for women in law, says James Meadows at Culhane Meadows.

  • October 19, 2020

    What BigLaw Can Do To Actually Retain Female Attorneys

    Even as BigLaw firms are recruiting women into their ranks in larger numbers, their presence in leadership and equity partnerships remains stubbornly low. Here’s a look at why this is happening — and what firms can do.

  • October 19, 2020

    Female Attorneys Gain Ground In Battle For Clerkships​

    More female attorneys are landing highly sought-after U.S. Supreme Court clerkships, and the experience can turbocharge their careers.

  • October 19, 2020

    These Firms Have The Most Women In Equity Partnerships

    At most U.S. law firms, equity partnerships are still overwhelmingly male, but women at some firms are starting to shake up that reality and smash the glass ceiling that has prevented them from advancing to the uppermost ranks. Here are this year’s Ceiling Smashers — the firms that are outpacing their peers as the legal industry works toward closing the gender gap in its top ranks.

  • October 19, 2020

    Wearing Natural Hair In BigLaw

    In this video, four Black women share their thoughts about wearing natural hair as BigLaw attorneys. In order of appearance, the attorneys are: Rukayatu Tijani, founder of Firm for the Culture and a former BigLaw associate; Delilah Clay, legislative & regulatory advisor at Manatt Phelps & Phillips LLP; Rachel Boyce, associate at Cooley LLP; and Crystal Nwaneri, associate at Fenwick & West LLP.

  • October 19, 2020

    Biden-Trump Contest Has Fate Of Green Regs At Stake

    The 2020 presidential election will determine whether the country gets four more years of environmental deregulation or a concerted effort to tighten existing pollution controls and be part of global efforts to curb climate change.

  • October 19, 2020

    OFCCP Reports 2nd Highest Settlement Total Ever In FY 2020

    The U.S. Department of Labor's Office of Federal Contract Compliance Programs said Monday that it had brought in $35.6 million in recovery payments for fiscal year 2020, which it said was the second-highest total in its history.

  • October 19, 2020

    States, Greens Ask For Reversal Of EPA's HFC Regs Rollback

    The Trump administration failed to present a good and legal reason to rollback repair and maintenance rules for refrigerants like hydrofluorocarbon, the Natural Resources Defense Council and states including New York and Illinois have told the D.C. Circuit.

  • October 19, 2020

    SEC Gets Final Judgment Against Trader In Fraud Scheme

    A New York federal judge has granted a final judgment against a Pennsylvania-based day trader who the U.S. Securities and Exchange Commission claimed was involved in a $2 million coordinated trading scheme that hacked 50 brokerage accounts to manipulate stock prices, the SEC announced Monday.

  • October 19, 2020

    FinCEN Hits Bitcoin Service Operator With $60M Fine

    The Financial Crimes Enforcement Network on Monday levied a $60 million civil money penalty against the head of two bitcoin businesses for violations of Bank Secrecy Act regulations, stating that he facilitated illicit activity including drug transactions and child pornography by operating in the "darkest spaces of the internet." 

  • October 19, 2020

    15 Minutes With Change Healthcare's General Counsel

    During the past seven months at Change Healthcare, general counsel Loretta Cecil and her legal team have acted as "the emergency room in the time of a pandemic." Here, she shares more about the novel issues her department has handled, and what she's worried about for the rest of 2020. This interview has been edited for clarity and length.

  • October 19, 2020

    7 Questions For AML Task Force President Marcus Pleyer

    Marcus Pleyer, the new president of the Financial Action Task Force, talks to Law360 about his priorities, including the risks posed by crypto-assets and the role of artificial intelligence in enforcement.

  • October 16, 2020

    In Their Own Words: Being A Woman In BigLaw

    Firms are recruiting more women than previously to their ranks, but still have trouble retaining them at the same rate as men. Law360 asked three female attorneys who left BigLaw about how firms could better serve the women who work there. Here's what they have to say.

  • October 16, 2020

    Law360's Glass Ceiling Report: What You Need To Know

    While law firms continue to tout efforts to close the gender gap in their ranks, parity is still a distant goal, our annual survey shows.

  • October 16, 2020

    Glass Ceiling Report: How Does Your Firm Measure Up?

    Law firms have long struggled to clear the barriers women face in the legal industry, particularly when it comes to accessing the top ranks. Law360's 2020 Glass Ceiling Report looks to shed light on the progress firms have made and where they aim to be.

  • October 16, 2020

    DOL Probes Won't Chill Employers' Efforts To Diversify

    Microsoft and Wells Fargo's recent disclosures that the U.S. Department of Labor is investigating whether their efforts to add more Black leaders are illegal won't deter other federal contractors from doing what they think is necessary to make their ranks more diverse, experts say.

  • October 16, 2020

    1st NY 'Tech Sprint' To Target Crypto Co. Regulatory Reporting

    New York's financial services regulator wants to speed up the data collection needed for monitoring the condition of financial firms it oversees and is laying plans for its first-ever "tech sprint" toward that goal, adopting a strategy increasingly favored by agencies for experimenting with technology-led regulatory innovation.

  • October 16, 2020

    10th Circ. Won't Revisit Utah Coal Plant Permit Dispute

    The Tenth Circuit on Friday rejected Utah's request to revisit a decision that the U.S. Environmental Protection Agency can't ignore its obligation to enforce the Clean Air Act after the agency failed to pursue pollution controls on a Berkshire Hathaway-affiliated coal plant.

Expert Analysis

  • Calculating FCA Damages From PPP Fraud May Be Tricky

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    The Paycheck Protection Program will undoubtedly give rise to False Claims Act enforcement, but the intangible nature of some contract benefits and differences in contract valuation between the circuits raise uncertainty about damages calculations, say Ellen London at Alto Litigation and Derek Adams at Potomac Law.

  • Emerging ESG Compliance Obligations For Private Funds

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    In the absence of U.S. regulation of environmental, social and governance investments, private funds should be aware of two new EU regulations that will apply to all sponsors managing or marketing funds in Europe, says Debbie Klis at Rimon Law.

  • On-Site 3rd Party Audits Remain Critical For FCPA Compliance

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    Even in a pandemic, on-site audits remain the most effective way to ensure third parties' compliance with the Foreign Corrupt Practices Act, but, where they are impossible, there are several control measures companies can take remotely, say economists at Resolution Economics.

  • 6 Employment Considerations For M&A Deals Amid Pandemic

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    As many businesses look to merge with, acquire, invest in or partner with others, acquiring companies and investors must review key employment law complexities, such as wage and hour issues and paid leave obligations, that are magnified by the pandemic and could substantially influence a target’s value, say attorneys at Greenwald Doherty.

  • Guest Feature

    5 Ways Firms Can Avoid Female Atty Exodus During Pandemic

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    The pandemic's disproportionate impact on women presents law firms with a unique opportunity to devise innovative policies that will address the increasing home life demands female lawyers face and help retain them long after COVID-19 is over, say Roberta Liebenberg at Fine Kaplan and Stephanie Scharf at Scharf Banks.

  • IRS Real Estate Push Should Wake Up Foreign Investors

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    Two recently announced Internal Revenue Service audit campaigns targeting nonresident alien investment in U.S. real estate should prompt foreign investors to prepare for greater scrutiny as the agency works to improve tax compliance around such transactions, say attorneys at Holland & Knight.

  • Highlights From 'SEC Speaks' 2020

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    At its recent virtual SEC Speaks conference, the U.S. Securities and Exchange Commission emphasized efforts to adapt enforcement to emerging risks amid the pandemic, and warned companies not to use COVID-19 to cover up past mistakes or newly discovered ones, say attorneys at Perkins Coie.

  • How The State And Local Regulatory Landscape Is Expanding

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    States and localities are employing creative methods to emerge as key players in regulatory enforcement traditionally dominated by the federal government, including False Claims Act investigations, unfair and deceptive acts and practices claims, and pharmaceutical sector regulation, say attorneys at Troutman Pepper.

  • NY Employers Must Prepare For New COVID-19 Closures

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    Following new business closure requirements targeting areas of New York with clusters of COVID-19 cases, employers should continually monitor the varying levels of restrictions, prepare communications to affected employees, and review workers’ potential leave entitlements, say Leni Battaglia and Daniel Kadish at Morgan Lewis.

  • Complying With DOD's Contractor Cybersecurity Rule

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    Tina Reynolds at MoFo unpacks the U.S. Department of Defense interim rule for measuring compliance with its cybersecurity processes, highlighting how contractors will be assessed, what constitutes protected information, steps to take now and open questions that may require future guidance.

  • Beirut Blast Shows Need To Review Ammonium Nitrate Regs

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    The recent ammonium nitrate explosion in Beirut should prompt renewed scrutiny of how the U.S. regulates use and storage of this chemical, and a stronger focus on policies that balance its benefits against its risks to people and the environment, says Karen Cullinane at Goldberg Segalla.

  • Steps For Averting Pandemic-Induced Workplace Violence

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    With an increased potential for workplace violence due to stresses caused by COVID-19, employers should establish strong policies to deter problematic behavior and consistent procedures for addressing complaints, say Lauri Rasnick and Elizabeth McManus at Epstein Becker.

  • Case Law Likely Undercuts DOL's Microsoft Diversity Probe

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    The U.S. Department of Labor is unlikely to uncover liability in its recent investigation into Microsoft’s attempt to hire more Black managers and executives, because Title VII case law supports private employers' consideration of race among other factors to enhance diversity, says Conor Ahern at Sanford Heisler.

  • Takeaways From Calif.'s New Health Insurance Rules

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    A recently signed law fundamentally alters California's regulation of mental health and substance use disorder treatment and will likely lead to increased litigation and regulatory action based on new insurance coverage requirements, say attorneys at Manatt.

  • DOJ Guidance, Indictment Suggest Expanding Crypto Focus

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    Read together, the U.S. Department of Justice's recently released cryptocurrency guidance and unsealed BitMEX indictment send a strong message that the government is expanding efforts to combat use of digital assets and blockchain technology for criminal purposes, say Benjamin Klein and Deborah Meshulam at DLA Piper.

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