Compliance

  • April 23, 2024

    Ex-Autonomy Tech Exec Doubted 'Bizarre' $6M Deal, Jury Told

    Autonomy's ex-chief technology officer testified Tuesday in the California federal fraud trial of former CEO Michael Lynch that he had concerns about Autonomy's "bizarre" 2010 deal to sell $6 million in repackaged hardware, which prosecutors allege was never delivered and was only used to artificially inflate Autonomy's revenues.

  • April 23, 2024

    SEC Critics Preview Future Challenges To Agency Action

    The U.S. Securities and Exchange Commission may face new challenges to its enforcement authority from the way it imposes industry bars to the burden of proof needed to bring its civil cases, two frequent legal opponents of the agency said Tuesday.

  • April 23, 2024

    CFTC Formalizes Policy On Uncleared Swaps Recordkeeping

    The U.S. Commodity Futures Trading Commission adopted a rule Tuesday that codifies its longstanding practice of not requiring swap execution facilities to maintain written copies of every uncleared swap agreement, a move some commissioners argued was long overdue.

  • April 23, 2024

    Ripple Labs Says Its SEC Fine Should Be No More Than $10M

    Blockchain firm Ripple Labs told a Manhattan federal judge that the U.S. Securities and Exchange Commission's $2 billion remedies request over the firm's registration violation is proof of its "administrative overreach," and says it shouldn't be forced to pay more than $10 million over a finding related to its sales of cryptocurrency XRP.

  • April 23, 2024

    ACLU Backs States' Power To Preempt Feds' Net Neutrality

    The ACLU is a supporter of the Federal Communications Commission's plans to usher in a new era of net neutrality later this month, but the civil rights organization is also pressing the agency to make sure that states are free to enact stricter open internet protections if they see fit.

  • April 23, 2024

    Sharper Sustainability Rule May Strengthen Bid Protests

    A new regulation for more environmentally friendly government purchases puts teeth into a long-standing requirement for sustainable procurement, and is likely to strengthen businesses' arguments in bid protests as agencies wrestle with the full scope of the rule.

  • April 23, 2024

    Sierra Club Sues EPA Over NY Aluminum Plant's Air Pollution

    The Sierra Club slapped U.S. Environmental Protection Agency Administrator Michael Regan with a complaint in D.C. federal court Tuesday accusing the agency of failing to require the state of New York to cut sulfur dioxide emissions from a 112-year-old aluminum smelting plant.

  • April 23, 2024

    Grain Co.'s $18B Deal Raises Competition Flags For Canada

    Canada's competition enforcer said Tuesday it has concerns over grain and seed supplier Bunge Ltd.'s plan to buy global grain trader Viterra Ltd. in an $18 billion deal, saying the acquisition could result in lower prices paid to farmers and higher prices for refined canola oil.

  • April 23, 2024

    Vince McMahon Says Deal With Accuser Sinks Abuse Suit

    A former World Wrestling Entertainment Inc. legal staffer who has accused founder Vince McMahon of sexually abusing and trafficking her should be forced to take her federal lawsuit to arbitration because of a deal the parties signed when they ended a consensual affair, McMahon said Tuesday in a court filing.

  • April 23, 2024

    Florida Loses Bid To Stay Ruling Nixing Its CWA Permit Power

    A D.C. federal judge on Tuesday declined Florida's request to pause his ruling that stripped the state's federally delegated authority over a Clean Water Act permitting program, finding that the Sunshine State had not shown it was likely to succeed in its appeal of the ruling.

  • April 23, 2024

    Judge Allows $956M Atty Fees In 3M, DuPont PFAS Settlements

    A South Carolina federal judge on Tuesday signed off on attorney fees totaling more than $956 million in settlements with 3M and DuPont over so-called forever chemicals in firefighting foam that contaminated drinking water, saying that another group of lawyers may not have been able to reach the same outcome.

  • April 23, 2024

    Texas Orders Digital Gold Vault Scheme To Shut Down

    Texas financial regulators have ordered the operators of a digital gold vault scheme to stop operating in the state, alleging individuals and companies were running a fraudulent multilevel marketing scheme to lure investors in unregistered securities.

  • April 23, 2024

    Nexstar Calls FCC's Floated $1.2M Fine Over WPIX 'Unlawful'

    Broadcast giant Nexstar slammed the Federal Communications Commission's proposed $1.2 million penalty over its "de facto control" of New York station WPIX, saying the fine is unconstitutional and that the agency is running afoul of both the Communications Act and procedural law.

  • April 23, 2024

    EPA Tells 5th Circ. To Sink Texas' Ozone Plan Challenge

    The U.S. Environmental Protection Agency urged the Fifth Circuit to reject Texas' attempt to challenge the agency's denial of its revised plan to control ozone in the Dallas and Houston metropolitan areas, saying the Lone Star State's arguments "do not withstand scrutiny."

  • April 23, 2024

    Nonprofit Hit With $960K Verdict In Ohio Child Death Case

    An Ohio jury on Tuesday decided Catholic Charities Corp. must pay $960,000 to a woman who accused it of reckless negligence for failing to supervise an employee who allegedly lied about checking in on her 5-year-old nephew for months before he was found in a shallow grave.

  • April 23, 2024

    Crypto Industry Groups Sue SEC Over Dealer Definition

    Two crypto industry groups on Tuesday jointly sued the U.S. Securities and Exchange Commission to overturn the regulator's expanded dealer definition, claiming the regulator sidestepped a fair rulemaking process when it declined to address the myriad issues industry participants pointed out during the shortened comment process.

  • April 23, 2024

    Tesla's Risky Ride To Revive Musk's Multibillion-Dollar Pay

    Tesla Inc. and its mercurial CEO Elon Musk are banking on a bold strategy to salvage his multibillion-dollar compensation plan, invoking a recently enacted corporate power to first patch Tesla's charter and then reincorporate in Texas, potentially triggering stockholder claims of fiduciary breaches and waste.

  • April 23, 2024

    Blue States Leap To Defend EPA Vehicle Emissions Rule

    California and 21 other blue states, along with a smattering of cities and the District of Columbia, have told the D.C. Circuit that they want to help the U.S. Environmental Protection Agency defend its rule requiring reductions in greenhouse gas emissions from cars, trucks and vans from legal attack by red states.

  • April 23, 2024

    NC Justices Urged To Reject Greg Lindberg Co.'s Review Bid

    North Carolina's insurance commissioner urged the state's supreme court to prevent a company controlled by insurance mogul Greg Lindberg from intervening in the liquidation proceedings of two of his life insurance companies, arguing a state appeals panel correctly held that an insurer's directors, but not shareholders, may intervene.

  • April 23, 2024

    Biz Ownership Law Constitutional, Lawmakers Tell 11th Circ.

    The Corporate Transparency Act is a garden-variety exercise of Congress' powers to address threats to national security, foreign affairs, commerce and tax collection, five Democratic lawmakers told the Eleventh Circuit, disputing a ruling that the law is unconstitutional.

  • April 23, 2024

    EPA Finishes Stronger Chemical Risk Evaluation Rule

    The U.S. Environmental Protection Agency on Tuesday announced stronger and broader regulations to assess chemicals' health and environmental risks, completing a process that started when the Ninth Circuit struck down parts of the initial rule as too weak.

  • April 23, 2024

    JAMS Implements Rules For AI-Related Disputes

    JAMS announced Tuesday that it has implemented new rules governing disputes involving artificial intelligence, making it the first organization in the alternative dispute resolution industry to establish an AI-tailored legal framework.

  • April 23, 2024

    Do Not Remand FDA Cigar Rule Without Vacatur, DC Circ. Told

    The New Civil Liberties Alliance is urging the D.C. Circuit not to remand a U.S. Food and Drug Administration rule regulating premium cigars without first vacating the regulation, saying federal agencies cannot enforce rules that have been declared unlawful.

  • April 23, 2024

    Ex-Cozen O'Connor Atty Moves In-House To DraftKings

    Cozen O'Connor's former co-chair of its state attorneys general practice has moved in-house to join major sports betting company and firm client DraftKings Inc. as its new chief responsible gaming officer.

  • April 23, 2024

    Williams-Sonoma To Pay $3.2M Over 'Made In America' Claims

    Williams-Sonoma has agreed to a $3.18 million settlement with the Federal Trade Commission for allegedly mislabeling Chinese-produced products as American-made.

Expert Analysis

  • A Look At Global Employee Disconnect Laws For US Counsel

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    As countries worldwide adopt employee right to disconnect laws, U.S. in-house counsel at corporations with a global workforce must develop a comprehensive understanding of the laws' legal and cultural implications, ensuring their companies can safeguard employee welfare while maintaining legal compliance, say Emma Corcoran and Ute Krudewagen at DLA Piper.

  • How DEI Programs Are Being Challenged In Court And Beyond

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    In the wake of the U.S. Supreme Court's affirmative action decision last year declaring the consideration of race in university admissions unconstitutional, employers should keep abreast of recent litigation challenging diversity, equity and inclusion training programs, as well as legislation both supporting and opposing DEI initiatives in the workplace, say attorneys at Skadden.

  • At 'SEC Speaks,' A Focus On Rebuilding Trust Amid Criticism

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    At the Practising Law Institute's SEC Speaks conference last week, U.S. Securities and Exchange Commission leadership highlighted efforts to rebuild and restore trust in the U.S. capital markets by addressing investor concerns through regulatory measures and enforcement actions, emphasizing the need for cooperation from market participants, say attorneys at Perkins Coie.

  • What Minority Biz Law Ruling Could Mean For Private DEI

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    A Texas federal court’s recent decision to strike down key provisions of the Minority Business Development Act illustrates the wide-reaching effects of the U.S. Supreme Court's 2023 Students for Fair Admissions v. Harvard decision across legal contexts, say attorneys at Jenner & Block.

  • Series

    NY Banking Brief: All The Notable Legal Updates In Q1

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    The first quarter of 2024 saw a number of notable legal and regulatory developments that will significantly affect New York's financial services industry, including the New York Department of Financial Services' finalized novel guidance directing banks to continuously monitor the character and fitness of key personnel, say Brian Montgomery and Nathan Lewko at Pillsbury.

  • Weisselberg's Perjury At Trial Spotlights Atty Ethics Issues

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    Former Trump Organization executive Allen Weisselberg’s recent guilty plea for perjury in the New York attorney general's civil fraud trial should serve as a reminder to attorneys of their ethical duties when they know a client has lied or plans to lie in court, and the potential penalties for not fulfilling those obligations, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • Texas Hair Bias Ruling Does Not Give Employers A Pass

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    A Texas state court’s recent decision, holding that a school could discipline a student with locs for refusing to cut his hair, should not be interpreted by employers as a license to implement potentially discriminatory grooming policies, says Dawn Holiday at Jackson Walker.

  • When Trade Secret Protection And Nat'l Security Converge

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    The Trump administration's anti-espionage program focused on China is over, but federal enforcement efforts to protect trade secrets and U.S. national security continue, and companies doing business in high-risk jurisdictions need to maintain their compliance programs to avoid the risk of being caught in the crosshairs of an investigation, say attorneys at Baker McKenzie.

  • The Merger Cases That Will Matter At ABA Antitrust Meeting

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    While the American Bar Association's Antitrust Spring Meeting this week will cover all types of competition law issues in the U.S. and abroad, expect the federal agencies' recent track record in merger enforcement to be a key area of focus on the official panels and in cocktail party chatter, say attorneys at Freshfields.

  • How Banks Should Respond To Calif. AG's Overdraft Warning

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    Banks and credit unions should heed recent guidance from California’s attorney general, along with warnings by consumer regulators of all stripes, regarding unfair fee practices by properly disclosing their fees and practices, and ensuring the amounts charged mirror federal benchmarks, say Brett D. Watson and Madeline Suchard at Cozen O'Connor.

  • Calif. Verdict Showcases SEC's New 'Shadow Trading' Theory

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    Last week's insider trading verdict, delivered against biopharmaceutical executive Matthew Panuwat by a California federal jury, signals open season on a new area of regulatory enforcement enabled by the U.S. Securities and Exchange Commission's shadow trading theory, say Perrie Weiner and Aaron Goodman at Baker McKenzie.

  • Cos. Should Prepare For Foreign Data Transfer Regulations

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    A new regulatory regime designed to protect U.S. sensitive data from countries of concern may complicate an already intricate geopolitical landscape and affect even companies beyond the data industry, but with careful preparation, such companies can endeavor to minimize the effect on their business operations and ensure compliance, say David Plotinsky and Jiazhen Guo at Morgan Lewis.

  • Climate Disclosure Mandates Demand A Big-Picture Approach

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    As carbon emissions disclosure requirements from the European Union, California and the U.S. Securities and Exchange Commission take effect, the best practice for companies is not targeted compliance with a given reporting regime, but rather a comprehensive approach to systems assessment and management, says David Smith at Manatt.

  • Series

    Playing Hockey Makes Me A Better Lawyer

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    Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.

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