Compliance

  • September 04, 2025

    Covington Brings Back DOJ Leader To Helm FCA Practice

    Covington & Burling LLP is welcoming back a former deputy assistant attorney general overseeing civil fraud with the U.S. Department of Justice to serve as the chair of its False Claims Act investigations and litigation practice group, the firm said Thursday.

  • September 04, 2025

    FERC Nominee Says He Supports Review Of Removal Protections

    A Federal Energy Regulatory Commission nominee said Thursday that he hopes the U.S. Supreme Court will rethink long-standing tenure protections guaranteed for members of independent agencies, raising the eyebrows of U.S. senators concerned about FERC's future under President Donald Trump.

  • September 04, 2025

    2nd Circ. Says Prison Violated Tribal Rights Of Two Inmates

    Two Native American inmates can pursue their First Amendment claims against Connecticut prison officials after they were barred from participating in sweat lodge and smudging ceremonies, the Second Circuit determined, saying there was no penological justification for the request denials.

  • September 04, 2025

    Feds Sue SoCal Edison Over Eaton, Fairview Wildfires

    The U.S. Department of Justice on Thursday sued Southern California Edison, seeking a combined $77 million in a pair of lawsuits alleging that its negligence in maintaining its infrastructure caused the catastrophic Eaton wildfire in January and devastating Fairview fire in 2022.

  • September 04, 2025

    Gov't Backs Funds Against Activist Investor Before High Court

    The federal government and the U.S. Chamber of Commerce have filed amicus briefs in support of a group of investment funds that are asking the U.S. Supreme Court to constrain the rights of private parties to file lawsuits under the Investment Company Act.

  • September 04, 2025

    Unions Defend Challenge To Federal Work Safety Agency Cuts

    Unions representing nurses, teachers, miners and factory workers have asked a Washington, D.C., federal judge to preserve their challenge to the Trump administration's cuts to the National Institute of Occupational Safety and Health, saying they have standing to sue because they "rely on NIOSH's lifesaving work."

  • September 04, 2025

    10th Circ. Revives Suit Over Colo.'s Police Info Disclosure Law

    The Tenth Circuit, in reversing a lower court's ruling, said a former process server can move forward with his challenge to a Colorado law restricting the disclosure of police officers' personal information, finding he has standing because the law could affect the server's development of "CopScore," a data-driven project aimed at police accountability.

  • September 04, 2025

    PBM Rule Included In DOL Benefits Arm's Regulatory Update

    The U.S. Department of Labor's employee benefits arm detailed several new regulations in the works Thursday, including a new fee disclosure rule involving pharmacy benefit managers and plans to revisit retirement plan fiduciary investment advice regulations, according to the administration's latest regulatory update.

  • September 04, 2025

    Cathay Bank Denies Knowledge Of $20M NFT Scam Suit

    California-based Cathay Bank asked a federal judge to throw out claims alleging it ignored red flags from scammers and enabled a $17 million romance scam, arguing the victim did not allege the bank even knew about the alleged fraud.

  • September 04, 2025

    Democrats Press Trump's Fed Pick On His Independence

    Stephen Miran, a close ally of President Donald Trump, was sharply questioned by Democratic senators on Thursday about his ability to independently carry out a leadership role at the Federal Reserve's Board of Governors after he said he would refuse to resign from the president's Council of Economic Advisers if confirmed.

  • September 03, 2025

    Feds, SEC Say ATM Investment Network Was $770M Ponzi

    The owner and operator of two investment management groups was arrested Wednesday and accused by federal prosecutors and the U.S. Securities Exchange Commission of directing a $770 million Ponzi scheme that promised investors returns on stakes in ATM networks.

  • September 03, 2025

    NJ Cities Say Precedent Protects Immigration Enforcement Laws

    Four Garden State cities blasted a U.S. Department of Justice lawsuit accusing them of obstructing federal immigration enforcement, telling a New Jersey federal judge that the case cannot overcome precedent that upheld the state policy at issue.

  • September 03, 2025

    Fintechs Urge Judge To Let CFPB Set Open Banking Deadline

    The fintech trade group defending the Consumer Financial Protection Bureau's in-flux open banking rule on Wednesday urged a Kentucky federal judge to defer to the agency on whether to extend compliance deadlines for the data sharing mandate and also to decline banks' request to halt the clock as the agency retools the rule.

  • September 03, 2025

    Google Can Thank AI's Rise For Mixed Search Remedies

    Despite Google's resounding defeat last year in the U.S. Department of Justice's case targeting its search monopoly, the company will face only a mixed bag of remedies aimed at propping up search engine rivals and limiting its distribution contracts.

  • September 03, 2025

    FINRA Targets Ex-Synapse Officers Over Supervisory Failures

    The Financial Industry Regulatory Authority has filed an enforcement action against two former executives of a subsidiary of bankrupt fintech company Synapse, alleging that they failed to properly supervise the subsidiary's cash management program ahead of the middleware provider's collapse.

  • September 03, 2025

    4th Circ. Denies Injunction In Md. Cannabis Licensing Challenge

    A California cannabis entrepreneur lost her bid to upend Maryland's social equity licensing program Tuesday when the Fourth Circuit ruled that the state's policies seeking to address inequalities within the cannabis industry are not discriminatory.

  • September 03, 2025

    9th Circ. Won't Revive Genentech Ex-Worker's 401(k) Suit

    The Ninth Circuit will not reconsider whether fiduciaries for the retirement plan of biotechnology company Genentech violated their duty to be prudent by keeping certain target date retirement funds in the company's retirement portfolio.

  • September 03, 2025

    CFTC Member Expresses 'Discontent' As She Exits Agency

    Departing Commodity Futures Trading Commission member Kristin Johnson used her final speech Wednesday to express disfavor with some recent agency actions, saying she was running out of ways to "politely describe" her "discontent" with the recent loosening of licensing standards.

  • September 03, 2025

    Ex-OCC Acting Chief Counsel Joins Perkins Coie In DC

    The former acting chief counsel of the Office of the Comptroller of the Currency has joined Perkins Coie as a partner in the firm's Washington, D.C., office, where he will focus on bank mergers, regulatory matters, enforcement response and risk management, among other things.

  • September 03, 2025

    Feds Move To Sink Mass. Offshore Wind Farm Approval

    The federal government said Wednesday it will yank approval for a Massachusetts offshore wind farm 20 miles south of Martha's Vineyard, the latest in a series of moves by the Trump administration to stymie U.S. offshore wind development.

  • September 03, 2025

    Players Challenge NCAA's 'Redshirt' Rule As Anticompetitive

    A group of Division I athletes filed an antitrust lawsuit in Tennessee federal court challenging the NCAA's eligibility rules, alleging the rules operate as artificial caps on competition that constitute commercial restraint and result in suppressed economic opportunities for students.

  • September 03, 2025

    Authority For Emergency Tariffs Poses Puzzle For Justices

    The U.S. Supreme Court faces a provocative puzzle over President Donald Trump's worldwide tariff regime that the Federal Circuit has found illegal, as the judges' positions didn't follow the usual political lines, leaving wide open how the high court may rule on the president's tariff powers.

  • September 03, 2025

    Silvergate's $37.5M Investor Settlement Gets Final OK

    Investors of failed, cryptocurrency-focused Silvergate Bank secured a California federal judge's final approval Wednesday for their $37.5 million settlement of claims alleging the bank misrepresented its safeguards against onboarding customers like the collapsed, fraud-ridden crypto exchange FTX.

  • September 03, 2025

    Lumen's Bid To Move $1.4B Pension Suit Out Of Colo. Blocked

    A Colorado federal judge on Wednesday rejected Lumen Technologies' request to move to Louisiana a proposed class action alleging it wrongly transferred obligations for a $1.4 billion pension fund to a private equity-controlled insurance company, with the judge finding the venue provision in the pension plan does not apply.

  • September 03, 2025

    Insurers Argue NC Law Doesn't Apply In Tanger's COVID Suit

    Two major insurance companies shouldn't be subject to North Carolina law in a dispute over a commercial property insurance policy they penned with a Tar Heel State-based retail outlet owner, one of the insurer's counsel told North Carolina's business court in a Wednesday hearing.

Expert Analysis

  • How Proposed FAA Rule May Streamline Drone Operations

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    The Federal Aviation Administration's recent proposed rule on autonomous drone delivery operations offers a more streamlined approach, by shifting away from the current pilot-centered framework and placing safety and operational responsibility at the level of the operator's organization, say Amanda Losacco and Jessica Monahan at Cozen O'Connor.

  • What To Expect From 401(k) Plan Alternative Assets Order

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    The executive order this month making it easier for retirement plans to invest in alternative assets, including private equity, real estate and digital assets, marks a watershed moment for democratizing access to private markets, but the U.S. Department of Labor's anticipated formal rulemaking will also be impactful, say attorneys at Simpson Thacher.

  • The Future Of Lab-Test Regs After FDA Rescinds Rule

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    The U.S. Food and Drug Administration recently rescinded its laboratory-developed tests rule in response to a Texas federal court decision this spring, reinforcing a separation of authority between the FDA and the Centers for Medicare & Medicaid Services, and calling into question the FDA's role in overseeing such tests without congressional action, say attorneys at Venable.

  • How AI Is Easing Digital Asset Recovery In Fraud Cases

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    In combination with recent legislation and a maturing digital asset infrastructure, artificial intelligence tools are making it easier to recover stolen assets, giving litigants a more specific understanding of financial fraud earlier in the process and making it economically feasible to pursue smaller fraud claims, says Solomon Shinerock at Lewis Baach.

  • Sanctions Considerations For Reentering The Syrian Market

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    Reentering or opening new markets in Syria, now that the Trump administration has revoked certain long-standing sanctions and export controls, necessitates increased due diligence and best practices capable of adapting to a changing local environment as well as future changes in U.S. law, say attorneys at Nixon Peabody.

  • What 2 Profs Noticed As Transactional Law Students Used AI

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    After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.

  • Despite SEC Reset, Private Crypto Securities Cases Continue

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    While the U.S. Securities and Exchange Commission under the Trump administration has charted a new approach to crypto regulation, the industry still lacks comprehensive rules of the road, meaning private plaintiffs continue to pursue litigation, and application of securities laws to crypto-assets will be determined by the courts, say attorneys at Skadden.

  • State AGs Are Turning Up The Antitrust Heat On ESG Actions

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    Recent antitrust developments from red state attorneys general continue a trend of environmental, social and governance scrutiny, and businesses exposed to these areas should conduct close examinations of strategy and potential material risk, say attorneys at Morgan Lewis.

  • Crypto Custody Guidelines Buoy Both Banks And Funds

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    A statement released last month by banking regulators — highlighting risks that the agencies expect banks holding crypto-assets to mitigate — may encourage more traditional institutions to offer crypto-asset safekeeping and thereby offer asset managers more options for qualified custodians to custody crypto-assets for their clients, say attorneys at Dechert.

  • Top Takeaways From Trump's AI Action Plan

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    President Donald Trump's AI Action Plan represents some notable evolution in U.S. policy, including affirmation of the administration's trend toward prioritizing artificial intelligence innovation over guardrails and toward supporting greater U.S. private sector reach overseas, say attorneys at WilmerHale.

  • Navigating Executive Perk Enforcement Under Trump Admin

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    While the U.S. Securities and Exchange Commission recently signaled a softer approach to executive perks, companies should remain vigilant due to the bipartisan and lengthy nature of executive perquisite cases and Chairman Paul Atkins' previous support for disclosure requirements, say attorneys at Gibson Dunn.

  • Rebuttal

    BigLaw Settlements Should Not Spur Ethics Deregulation

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    A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.

  • Opinion

    8th Circ. Should Reaffirm False Commercial Speech's Nature

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    The Eighth Circuit in Goldfinch Laboratory v. Iowa Pathology Associates should assert that false commercial speech is not categorically immune from antitrust scrutiny, says Daniel Graulich at the Federal Trade Commission.

  • Environmental Justice Is Alive And Well At The State Level

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    Even as the Trump administration has rolled back federal environmental justice policies, many states continue to prioritize it, with new regulations, strengthened enforcement of existing rules and ongoing private litigation — so companies must stay alert to how state-level EJ enforcement may affect their operations, say attorneys at Crowell & Moring.

  • What FinCEN's AML Rule Delay Means For Advisers

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    Even with the Financial Crimes Enforcement Network's statement last month delaying the compliance date for a rule requiring advisers to report suspicious activity, advisers can expect some level of U.S. Securities and Exchange Commission oversight in connection with anti-money laundering compliance, say attorneys at Simpson Thacher.

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