Try our Advanced Search for more refined results
Compliance
-
May 31, 2024
Biden Vetoes Bid To Nix SEC Crypto Accounting Guidance
President Joe Biden on Friday blocked a Congressional resolution to overturn the U.S. Securities and Exchange Commission's controversial crypto accounting guidance, saying the measure would "inappropriately constrain" the agency's ability to address future issues.
-
May 31, 2024
Online Lenders Invoked Calif. Tribe As Usury Cover, Suit Says
Two online lenders that purport to be run by a Native American tribe in California face claims they violated both federal law barring racketeering and Illinois consumer financial protection laws by lending to the state's residents at excessive rates.
-
May 31, 2024
Employment Authority: A Look Into EEOC's Bias Charge Spike
Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on potential reasons why the Equal Employment Opportunity Commission saw an uptick in color-based bias charges in fiscal year 2023, an interview with go-to appellate attorney Daniel Geyser about arbitration and experts' anticipation of a fight over the renomination of the National Labor Relations Board's chairman.
-
May 31, 2024
Martinelli & Co. Sued Over Arsenic In Apple Juice
A consumer hit S. Martinelli & Co. with a proposed class action in New York federal court Friday over allegations that the company failed to disclose that its apple juice contains arsenic, saying a recent recall campaign has been "a complete and abject failure."
-
May 31, 2024
Real Estate Recap: Courthouse Facelifts, Appraisal Bias
Catch up on this week's key developments by state from Law360 Real Estate Authority — including how federal money will refresh seven courthouses around the country and what Freddie Mac's former multifamily appraisal chief thinks about appraisal bias and market distress.
-
May 31, 2024
States, Energy Organizations Urge Demise Of EPA Water Rule
Conservative-leaning states and energy industry groups have asked a Louisiana federal judge to strike down the U.S. Environmental Protection Agency's rule broadening states' and tribes' power to veto projects like pipelines, export terminals and dams over water quality concerns.
-
May 31, 2024
State Climate Superfund Laws Will Face Fossil Fuel Fightback
A first-of-its-kind law in Vermont will impose Superfund-like liability and cleanup tabs on fossil fuel companies for climate change-related damages, though legal experts predict the industry will fight such laws as fiercely as it's fought climate tort lawsuits brought by state and local governments.
-
May 31, 2024
DC Judge Takes Dim View Of Proposed 'Surfside' TM Deal
A D.C. federal judge has refused to enforce a scrapped settlement in a trademark dispute between a Mexican restaurant operator and a distilling company over the name "Surfside," saying there wasn't ever an enforceable deal.
-
May 31, 2024
Haleon Sued Over 'Natural Flavors' Emergen-C Labels
Pharma giant GlaxoSmithKline Consumer Healthcare Holdings, now Haleon PLC, was hit with a proposed class action in California federal court by two consumers who allege the company falsely labels its vitamin C drink mix as containing natural flavors even though its made with artificial ingredients.
-
May 31, 2024
DOJ Slams Apple's Planned Bid To Dismiss Antitrust Suit
The U.S. Justice Department has hit back against Apple's proposed bid to exit the department's antitrust suit claiming that the company is monopolizing the smartphone market, arguing that the technology giant ignores "well-pleaded facts" and misinterprets the law.
-
May 31, 2024
DOJ's Ad Tech Case May Go To Judge, Not Jury, After All
A Justice Department lawyer told a Virginia federal judge Friday the government is "perfectly happy" to have a bench trial accusing Google of monopolizing key digital advertising technology after the judge signaled the search giant may have short-circuited the government's original and unusual bid for a jury trial.
-
May 31, 2024
Former Navy Vice Chief Indicted On Bribery Charges
Retired U.S. Navy Vice Chief of Naval Operations Adm. Robert Burke and the co-CEOs of a Navy contractor, Yongchul "Charlie" Kim and Meghan Messenger, have been indicted over an alleged bribery scheme to steer contracts to the executives' company, the U.S. Department of Justice announced Friday.
-
May 31, 2024
Off The Bench: NCAA Transfers Freed, Atty Plays Cards Right
In this week's Off the Bench, the NCAA agrees to more historic rule changes while experts examine its post-House settlement future, and a patent lawyer looks back at his transformation into a poker champion.
-
May 31, 2024
Snell & Wilmer Hires 2 Armstrong Teasdale Attys In Denver
Snell & Wilmer announced Friday it expanded its team in Denver with the addition of a pair of lawyers from Armstrong Teasdale LLP, one a litigator and the other a corporate attorney.
-
May 31, 2024
Animal Rehab Center Says Subpar Care Suit Must Be Tossed
Noah's Ark Animal Rehabilitation Center and Sanctuary called on a Georgia federal judge to throw out an Ohio-based nonprofit's latest complaint alleging that the center failed to properly care for its wildlife, citing two substantially similar state court suits it previously filed and lost.
-
May 31, 2024
Del. Chancellor Questions 'Rush' To Amend Corporation Law
Weeks before the Delaware State Bar Association sent state lawmakers a draft bill explicitly allowing corporations to broadly cede some governance rights to chosen stockholders, Chancellor Kathaleen St. J. McCormick of Delaware Chancery Court made an unprecedented, direct appeal to think twice.
-
May 31, 2024
Child Care Center Says Insurer Duped It Into Less Coverage
A Texas child care center says that Century Surety Co. made false claims when it came time to renew an insurance policy, telling a federal court Thursday that the insurance company duped it into signing a policy that had coverage well below what the center thought it was getting.
-
May 31, 2024
DC Circ. Judge Ponders NLRB Jurisdiction Over 'Criminal' Biz
The D.C. Circuit determined that the National Labor Relations Board lacked enough evidence to find a cannabis company illegally fired a pro-union employee, with one judge questioning the board's jurisdiction over a "criminal enterprise."
-
May 31, 2024
Texas Judge Opts Not To Recuse And Tosses Chamber Suit
A Texas federal judge has thrown out the U.S. Chamber of Commerce's suit seeking to block the Federal Trade Commission from implementing a ban on noncompete clauses because a different plaintiff was first to file, adding he declined to recuse himself because no companies in his stock portfolio were parties in the case.
-
May 31, 2024
CFPB Sues PHEAA For Discharged Student Loan Collections
For the second time in a month, the Consumer Financial Protection Bureau has filed an enforcement action against the Pennsylvania Higher Education Assistance Agency, a major student loan servicer, this time suing it in Pennsylvania federal court for allegedly pursuing unlawful collections on loans discharged in bankruptcy.
-
May 30, 2024
FTC, SEC Urged To Probe UnitedHealth's 'Negligent' Security
The chair of the U.S. Senate finance committee on Thursday pressed the Federal Trade Commission and the U.S. Securities and Exchange Commission to hold UnitedHealth Group and its top executives liable for "numerous" cybersecurity failings that fueled a debilitating cyberattack on its Change Healthcare unit.
-
May 30, 2024
CFPB To Probe 'Junk Fees' In Mortgage Closing Costs
The Consumer Financial Protection Bureau said Thursday that it will scrutinize how "junk fees" may be making it more expensive to purchase a home, kicking off a broad inquiry that could presage a crackdown on rising mortgage closing costs.
-
May 30, 2024
Kalshi Says Elections Aren't Games In Voting Wager Hearing
A D.C. federal judge on Thursday tried to weigh whether gambling on elections can be considered "gaming" in predictions market Kalshi's challenge to a U.S. Commodity Futures Trading Commission order blocking it from offering election-based futures contracts.
-
May 30, 2024
Exec Found Liable For 'Shadow Trading' Seeks New Trial
A former executive of biopharmaceutical company Medivation Inc. whom a jury found liable for using inside information from his company when he purchased stock in a rival pharmaceutical maker has moved for a new trial in the U.S. Securities and Exchange Commission's novel "shadow trading" case.
-
May 30, 2024
Regulator Says Attys Hit For AI Use Have Themselves To Blame
An attorney for Colorado's ethics watchdog said Thursday that recent disciplinary action against lawyers for filing briefs with fake case citations generated by ChatGPT indicates a "lawyer problem" rather than issues with the technology.
Expert Analysis
-
Regulating Resurrected Species Under The ESA
As the prospect of extinct species being resurrected from DNA and reintroduced into the wild grows closer, an analysis of the Endangered Species Act suggests that it could provide a thoughtful, flexible governance framework for such scenarios, say Caroline Meadows and Shelby Bobosky at the SMU Dedman School of Law.
-
8 Legal Issues Influencing Investors In The Creator Economy
The rapidly expanding digital creator economy — funding for which more than doubled in the U.S. in the first quarter — comes with its own set of unique legal issues investors must carefully consider before diving in, say Louis Lehot and Alan Pate at Foley & Lardner.
-
Action Steps To Address New Restrictions On Outbound Data
Companies should immediately assess all their data-based operations so they can consider strategies to effectively mitigate new compliance risks brought on by recently implemented transaction restrictions, including a Justice Department proposal and landmark data legislation, say attorneys at Wiley.
-
E-Discovery Quarterly: Recent Rulings On Text Message Data
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.
-
CFPB Reality Check: Video Game Cash Is Still Money
The Consumer Financial Protection Bureau's recent report examining payments within online video games indicates that financial services offered within the game marketplace are quickly evolving to the point where they are indistinguishable from traditional financial services subject to regulation, say attorneys at Sheppard Mullin.
-
What CRA Deadline Means For Biden Admin. Rulemaking
With the 2024 election rapidly approaching, the Biden administration must race to finalize proposed agency actions within the next few weeks, or be exposed to the chance that the following Congress will overturn the rules under the Congressional Review Act, say attorneys at Covington.
-
5 Takeaways From FDA's Biosimilars Promotion Guidance
New draft guidance from the U.S. Food and Drug Administration expands upon other recent efforts to clarify expectations for biosimilar and interchangeable labeling, highlighting a number of potential missteps that could draw attention from regulators, say attorneys at Arnold & Porter.
-
The Legal Issues Raised In Minn. Rate Exportation Opt-Out Bill
A recent Minnesota House bill would amend state law by opting out of the federal interest rate preemption and introduce several legal gray areas if passed, including issues regarding loan location, rates on credit card loans and values of state charters, says Karen Grandstrand at Fredrikson & Byron.
-
Are Concessions In FDA's Lab-Developed Tests Rule Enough?
Although the U.S. Food and Drug Administration's new policy for laboratory-developed tests included major strategic concessions to help balance patient safety, access and diagnostic innovation, the new rule may well face significant legal challenges in court, say Dominick DiSabatino and Audrey Mercer at Sheppard Mullin.
-
5 Climate Change Regulatory Issues Insurers Should Follow
The climate change landscape for insurers has changed dramatically recently — and not just because of the controversy over the U.S. Securities and Exchange Commission's climate-related risk disclosure rules, says Thomas Dawson at McDermott.
-
How New Rule Would Change CFIUS Enforcement Powers
Before the May 15 comment deadline, companies may want to weigh in on proposed regulatory changes to enforcement and mitigation tools at the disposal of the Committee on Foreign Investment in the United States, including broadened subpoena powers, difficult new mitigation timelines and higher maximum penalties, say attorneys at Venable.
-
What's Extraordinary About Challenges To SEC Climate Rule
A set of ideologically diverse legal challenges to the U.S. Securities and Exchange Commission's climate disclosure rule have been consolidated in the Eighth Circuit via a seldom-used lottery system, and the unpredictability of this process may drive agencies toward a more cautious future approach to rulemaking, say attorneys at Thompson Coburn.
-
8 Questions To Ask Before Final CISA Breach Reporting Rule
The Cybersecurity and Infrastructure Security Agency’s recently proposed cyber incident reporting requirements for critical infrastructure entities represent the overall approach CISA will take in its final rule, so companies should be asking key compliance questions now and preparing for a more complicated reporting regime, say Arianna Evers and Shannon Mercer at WilmerHale.
-
Is The Digital Accessibility Storm Almost Over?
Though private businesses have faced a decadelong deluge of digital accessibility complaints in the absence of clear regulations or uniformity among the courts, attorneys at Epstein Becker address how recent federal courts’ pushback against serial Americans with Disabilities Act plaintiffs and the U.S. Department of Justice’s proposed government accessibility standards may presage a break in the downpour.
-
PE In The Crosshairs Of Public And Private Antitrust Enforcers
A series of decisions from a California federal court in the recently settled Packaged Seafood Products Antitrust Litigation, as well as heightened scrutiny from federal agencies, serve as a reminder that private equity firms may be exposed to liability for alleged anti-competitive conduct by their portfolio companies, say attorneys at Axinn.