Compliance

  • April 12, 2021

    Regulators Warn That SPAC Accounting Errors Require Fixes

    The U.S. Securities and Exchange Commission on Monday cautioned that special purpose acquisition companies may need to refile regulatory documents to correct accounting errors involving the classification of warrants, potentially generating uncertainty for the red-hot SPAC market.

  • April 12, 2021

    Facebook Tells 1st Circ. To Reverse FTC Doc Release Order

    Facebook has urged the First Circuit to reverse an order requiring the Federal Trade Commission to respond to a Freedom of Information Act request for documents related to a $5 billion settlement with Facebook, saying dissenting comments from two FTC commissioners are not "official" disclosures triggering the official-acknowledgment doctrine.

  • April 12, 2021

    White House Enviro Office Rescinds Trump-Era Guidance Rule

    The White House on Monday rescinded a January rule promulgated by the Trump administration that established procedures for guidance documents from the Council on Environmental Quality, saying the rule would interfere with its own priorities.

  • April 12, 2021

    Biden Taps Morgan Lewis Atty To Lead DOJ Criminal Division

    President Joe Biden on Monday said he would nominate a Morgan Lewis white collar partner to lead the U.S. Department of Justice's Criminal Division and a Duke law professor to head up the department's Office of Legal Counsel.

  • April 12, 2021

    USMCA's Trade Rules Are Keeping Carmakers On Their Toes

    After spending nearly three decades acclimating to the North American Free Trade Agreement's complex web of rules, the U.S. car industry once again finds itself in the middle of a steep learning curve as the U.S.-Mexico-Canada Agreement goes into effect.

  • April 12, 2021

    Disney Wants Out Of Ex-Analyst's Whistleblower Suit

    Disney's financial arm has asked a federal court to dismiss a suit brought by a former financial analyst for the company who claims she was fired after reporting accounting irregularities, saying she had not exhausted her administrative remedies and can't prove the company engaged in illegal activity.

  • April 12, 2021

    Seila Law Says Full 9th Circ. Should Reject CFPB Ratification

    California law firm Seila Law LLC has urged the full Ninth Circuit to step in and "correct" a panel decision from late last year that upheld a Consumer Financial Protection Bureau civil investigative demand against the firm after the U.S. Supreme Court ruled the agency was unconstitutionally structured.

  • April 12, 2021

    Armstrong Teasdale Adds Int'l Disputes Attorney In London

    Armstrong Teasdale LLP has added a new London-based partner specializing in international dispute resolution to the law firm's roster of about 340 attorneys around the United States and the United Kingdom, saying her areas of focus include commercial and investment arbitration.

  • April 12, 2021

    SEC Loses Bid For Ripple Labs Execs' Personal Financial Info

    The U.S. Securities and Exchange Commission will not be able to access eight years of personal financial information for the two top executives of Ripple Labs, marking the regulator's second major discovery defeat in the closely watched cryptocurrency fight.

  • April 12, 2021

    FBI Investigative Employees Can Proceed In Overtime Suit

    FBI supervisory investigative specialists can proceed as a conditional collective with their claims that the federal government shorted them on overtime pay after the U.S. Court of Federal Claims found they had sufficiently shown that they similarly faced a practice depriving them of pay.

  • April 09, 2021

    Senators Call For Apple Rep At Planned App Store Hearing

    U.S. Senators Amy Klobuchar and Mike Lee sent a letter Friday to Apple CEO Tim Cook urging him to provide a witness to testify at the Senate antitrust subcommittee hearing related to competition concerns over mobile app stores.

  • April 09, 2021

    Biden Looks To Up Cybersecurity Spending With Budget Plan

    The Biden administration on Friday urged Congress to set aside more than $1.3 billion in funds to bolster the federal government's cybersecurity posture in the wake of a pair of massive cyberattacks suspected to have been orchestrated by foreign nation-states, including a requested $110 million boost for the U.S. Department of Homeland Security agency tasked with leading these efforts. 

  • April 09, 2021

    SEC Exam Unit Warns Firms Of ESG Disclosure Deficiencies

    The U.S. Securities and Exchange Commission's examinations unit issued a risk alert Friday warning advisers and funds "to be consistent" with their disclosures of environmental, social and governance-related investing after uncovering a slew of compliance deficiencies during exams.

  • April 09, 2021

    SEC's ESG Unit Chief Says Existing Regs Key To Enforcement

    The head of the U.S. Securities and Exchange Commission's new Climate and ESG Task Force tells Law360 her unit’s work will be business as usual for the enforcement division, which will continue to base its priorities on the evolution of investor demands while operating off of existing rules and guidance.

  • April 09, 2021

    Marketers Say FTC's $43M Scam Suit Is Devoid Of Facts

    A group of telemarketers told a Georgia federal judge that the Federal Trade Commission's $43 million case against them over payday loans and a discount club is "riddled with deficiencies" and based on unreliable and inadmissible consumer complaints rather than facts.

  • April 09, 2021

    Biden Seeks $132B For HHS In War Against COVID, Opioids

    The Biden administration on Friday released a $131.7 billion budget request for the U.S. Department of Health and Human Services for fiscal year 2022 that includes increased funding to combat the coronavirus pandemic and the opioid crisis, which has worsened over the past year.

  • April 09, 2021

    Fed Asks Banks For Input On AML Risk Models

    The Federal Reserve Board and a group of U.S. banking agencies asked the nation's banks on Friday for input on how they use risk models to comply with Bank Secrecy Act regulations, including models used to track and report suspicious activities.

  • April 09, 2021

    Biden Admin. Won't Halt Dakota Access Pipeline Operations

    Even after over two months in power, the Biden administration told a D.C. federal judge Friday that it hasn't decided whether to force the Dakota Access Pipeline to shut down pending a fresh review of its environmental impacts.

  • April 09, 2021

    Biden Seeks 21% Boost For EPA Funding

    President Joe Biden is seeking a 21% budget increase for the U.S. Environmental Protection Agency and billions more for climate investments, a dramatic reversal from the Trump administration, which consistently sought to gut the agency's funding and largely ignored climate issues.

  • April 09, 2021

    Biden Taps Calif. Worker Safety Chief To Run OSHA

    President Joe Biden on Friday picked the head of California's worker safety watchdog to run the Occupational Safety and Health Administration, an arm of the U.S. Department of Labor that has been under close scrutiny for its response to the COVID-19 pandemic.

  • April 09, 2021

    Bitcoin Cash Received From Hard Fork Is Taxable, IRS Says

    Cryptocurrency received from a so-called hard fork that altered Bitcoin's underlying ledger to result in a split that generated bitcoin cash is considered taxable gross income, the IRS said in a memorandum from the Office of Chief Counsel released Friday.

  • April 09, 2021

    Biden Seeks $1.7B Funding Jump For DOL

    The U.S. Department of Labor could get a $1.7 billion boost under President Joe Biden for worker rights and safety efforts, the unemployment insurance program and other areas, as part of discretionary funding that the administration requested Friday.

  • April 09, 2021

    FTC Says Moving Illumina Suit To Calif. Is Risky Amid COVID

    The Federal Trade Commission urged a D.C. federal judge not to move its challenge to Illumina's planned $8 billion merger with Grail Inc., planned as a remote hearing before the D.C. district court, to California where in-person hearings are permitted, saying the move would trigger "undeniable risk" from COVID-19.

  • April 09, 2021

    Ex-Pence Adviser, O'Melveny Partner On White House Years

    Employment and benefits litigator Greg Jacob, who rejoins O'Melveny next month after advising former Vice President Mike Pence, seems to have a way with timing: He joined the Bush administration two weeks before 9/11 and the Trump administration a week before the coronavirus pandemic was declared a national emergency. Here, Jacob recounts anecdotes from his storied years in government in an exclusive interview with Law360.

  • April 09, 2021

    2 Years In, Tech Division Makes FTC 'Far More Efficient'

    Two years after it was created as a task force, the Federal Trade Commission's now-permanent Technology Enforcement Division has become a key tool for probes of online platforms, the FTC's most recent competition chief told Law360 in an interview.

Expert Analysis

  • Where Health Care Enforcement Is Headed Under Biden

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    Early actions by President Joe Biden's administration signal a robust health care enforcement environment in which federal agencies will aggressively scrutinize pandemic-related and Medicare Advantage fraud, nursing homes, and medical technology, and False Claims Act activity will likely increase, say attorneys at Alston & Bird.

  • Consumer Protection Takeaways From ABA Antitrust Meeting

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    During the recent Antitrust Law Spring Meeting, the American Bar Association's panels evaluated how antitrust and consumer protection fit into broader social and political issues, and revealed how that perspective might inform enforcement, litigation and consumer education in the future, say Patrick Thompson and Kevin Schock at Perkins Coie.

  • Opinion

    Growth Cos. Should Disclose Projections In IPO Prospectuses

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    It's time for the U.S. Securities and Exchange Commission to encourage smaller and emerging companies to demonstrate their prospective growth to investors by providing reasonable financial projections in their initial public offering prospectuses for a greater chance of success, says Spencer Feldman at Olshan Frome.

  • What Associates Should Consider Before Switching Practices

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    The current high demand for midlevel associates provides them a rare opportunity to potentially explore new practice areas, but associates should first ask themselves six questions to begin figuring out why a change sounds appealing, says Stephanie Biderman at Major Lindsey.

  • Key Takeaways From FDA Warnings To CBD Cos.

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    Two warning letters the U.S. Food and Drug Administration recently issued to makers of CBD products highlight the agency's chief enforcement concerns, but leave some uncertainties regarding the future of CBD regulation, say Kristi Wolff and Donnelly McDowell at Kelley Drye.

  • Mitigating Anti-Kickback Risks Of Health Tech Stock Warrants

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    While stock warrants are a practical way for the health technology industry to finance growth, companies should utilize statutory safe harbors to mitigate federal Anti-Kickback Statute compliance risks, which could arise from an improperly structured arrangement that encourages referral of business to a vendor, say Meenakshi Datta and Jon Zucker at Sidley.

  • Pitfalls For Out-Of-State Contractors In Texas Post-Disaster

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    In light of the extreme weather Texas saw in February, out-of-state construction contractors performing repairs in the state should understand certain post-disaster requirements, the process for recovering damages and litigation risks that can follow noncompliance, says Karalynn Cromeens at Cromeens Law Firm.

  • 4 Effective Ways To Prioritize Client Advocacy

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    To truly support a client going through a complicated lawsuit or a painful experience, lawyers must think beyond interpreting legal guidelines and navigating court proceedings, says attorney Scott Corwin.

  • Opinion

    Consider Benefits Of Carbon Emissions Alongside Costs

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    The Biden administration's recently announced social cost of carbon estimate will be used to calculate adverse impacts from many different activities and industries, but Poe Leggette at BakerHostetler argues that the social benefits of carbon emissions connected to food, shelter, and other goods and services have not been given enough attention.

  • FDA Letters Suggest Scrutiny Of Virus And Vaping Products

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    The U.S. Food and Drug Administration stepped up its issuance of warning letters during the first quarter of 2021, and focused particularly on products for diagnosing, treating and preventing COVID-19, and on vaping products — so manufacturers and retailers in these sectors should intensify their marketing compliance efforts, says Katie Insogna at DLA Piper.

  • A Call For Greater Clarity Around SEC Cooperation Credit

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    The U.S. Securities and Exchange Commission’s decision not to fine Gulfport Energy in a recent enforcement action over disclosure failures highlights the need for SEC guidance on the benefits a company will receive for cooperating with agency investigations, say Robert Cohen and Brook Jackling at Davis Polk.

  • Remote Law Firm Culture Should Prioritize Associate Training

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    Due to the pandemic, the gap between law school and the first day on the job has never been wider, but law firms can leverage training to bridge that intimidating gap and convey the unique value of their culture in a virtual environment, say Melissa Schwind at Ward and Smith, and William Kenney and Jaron Luttich at Element Standard.

  • Health Insurance Compliance Steps After Antitrust Reform

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    Health insurers should review their compliance programs to avoid antitrust complaints from overzealous plaintiffs now that the Competitive Health Insurance Reform Act has ended insurers' federal antitrust protections, say Lisl Dunlop and Thomas Rohback at Axinn.

  • Extreme Weather Means Energy Cos. Need New Risk Tools

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    The recent extreme weather events in Texas, and subsequent litigation, show that energy facility owners and operators may no longer be able to rely strictly on adherence to existing codes and standards when assessing climate-related business and legal risk, and may instead new need new tools and models, say consultants at Exponent.

  • Opinion

    Why CFPB's Disposal Of Supervisory Tool Is Problematic

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    The Consumer Financial Protection Bureau’s recent elimination of supervisory recommendations that provide financial institutions feedback on compliance deficiencies is concerning and suggests the CFPB is clearing away obstacles to its discretion to invent, as well as enforce, the law, say Eric Mogilnicki and Jeremy Newell at Covington.

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