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Compliance
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April 25, 2024
FCC Proposes Local Georouting For 988 Calls
The Federal Communications Commission proposed Thursday to introduce geolocation for calls made to the 988 Suicide and Crisis Lifeline, which would ensure that the calls are routed to a local crisis center instead of one in another city or state.
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April 25, 2024
Antitrust Enforcers Warn FERC About Ownership Overlaps
The Federal Trade Commission and the U.S. Department of Justice warned energy regulators Thursday about competitive risks that can arise from investment firms that own stakes in multiple electric utilities, even if they don't have controlling interests.
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April 25, 2024
SEC, Trade Group Ask DC Circ. To Revive Proxy Advisory Rule
The U.S. Securities and Exchange Commission and a leading trade group called on the D.C. Circuit Thursday to revive a rule imposing heightened disclosure requirements on proxy advisory firms, appealing a lower court decision that threw out the requirements.
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April 25, 2024
Feds' Pacific Sardine Management Plan Lacking, Judge Says
The government's plan to protect Pacific sardines, an important food source for many marine species, fell short in a number of ways, including by failing to prevent overfishing, a California federal judge has ruled.
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April 25, 2024
NC Hospital Leader Condemns FTC's Merger Block Bid
The chief of staff for a North Carolina hospital in the midst of a merger battle ripped the care facility's current owners Thursday in a show of support for new ownership, pleading for federal antitrust regulators to get out of the way lest they usher in "a year long death marked by suffering" for the hospital.
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April 25, 2024
Mr. Cooper's $3.6M Convenience Fee Settlement Gets Final OK
A D.C. federal judge on Thursday gave the final nod to a nearly $3.6 million settlement to resolve class action claims that Mr. Cooper unlawfully charged processing fees to borrowers who made mortgage payments over the phone.
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April 25, 2024
Trump Legal Fees Paid Via Illegal Scheme, Watchdog Org Says
Donald Trump's 2024 presidential campaign and related political committees have masked payments for millions of dollars in legal work done for the former president in a possible violation of federal law, an election watchdog claims in a complaint filed Wednesday with the Federal Election Commission.
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April 25, 2024
Conn. Judge In Drug Price-Fixing Suit Reveals Day Pitney Ties
U.S. District Judge Michael P. Shea of the District of Connecticut said Thursday he will not recuse himself from overseeing state enforcers' price-fixing claims against Sandoz Inc. and other drug companies despite Sandoz's attorneys being from Day Pitney LLP, where he was once a partner.
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April 25, 2024
Digital Health Co.'s Former GC Joins Perkins Coie In NY
Perkins Coie LLP is bolstering its intellectual property practice, announcing Thursday that it has brought on the former general counsel and chief compliance officer of digital healthcare company Cleerly.
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April 25, 2024
EEOC Pregnant Worker Rule Draws Suit From Red State AGs
A group of 17 Republican state attorneys general hit the U.S. Equal Employment Opportunity Commission with a lawsuit Thursday over the agency's recently finalized Pregnant Workers Fairness Act regulations, saying the EEOC's stance that the PWFA encompasses abortion-related workplace accommodations is unconstitutional.
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April 25, 2024
OECD Says Latvia Must Shift Tax Burden, Limit Fuel Subsidies
Latvia needs to shift its tax burden off labor and onto other forms of income such as property, and to eliminate harmful subsidies and tax practices around fossil fuels, the Organization for Economic Cooperation and Development said Thursday.
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April 25, 2024
Valero Seeks $75M In Tax Refunds For Fuel Mixtures
Energy company Valero asked a Texas federal court for $75 million in excise tax refunds, claiming the Internal Revenue Service failed to recognize that its production of specific fuels such as butane blends and biomass derivatives qualified for the alternative fuel mixture credit.
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April 25, 2024
FCC Restores Net Neutrality Rules In Party-Line Vote
The Federal Communications Commission voted 3-2 on party lines Thursday to bring back the Obama-era net neutrality regime by reclassifying broadband service under the Communications Act and making it subject to common carrier telecom rules.
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April 25, 2024
Treasury Finalizes Rules On Sales Of Green Energy Credits
The U.S. Department of the Treasury released final rules Thursday to facilitate the sale or transfer of clean energy tax credits by project owners under a new way to monetize the incentives created by the 2022 landmark climate law.
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April 25, 2024
EPA Unveils Final Power Plant Rules, Prepares For Challenges
The U.S. Environmental Protection Agency on Thursday finalized four new rules that will impose tougher standards on greenhouse gas and mercury emissions from power plants, wastewater discharged from those facilities, and the storage and management of coal ash.
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April 24, 2024
Whole Foods May Have Retaliated In BLM Case, 1st Circ. Says
Whole Foods hasn't yet proven that its firing of a worker who wore a Black Lives Matter mask to work wasn't retaliatory, the First Circuit said in an opinion unsealed Wednesday, ruling that there is a "genuine dispute" as to whether she was terminated for protected conduct.
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April 24, 2024
Canada Privacy Chief Aims To Make The Most Of Existing Laws
Amid his push for more robust enforcement powers, Canada's privacy commissioner hasn't forgotten that existing data protection laws still pack a punch and plans to continue to wield these tools to tackle priorities such as protecting children online and addressing concerns raised by technologies like ChatGPT, the regulator told Law360.
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April 24, 2024
Class Attys Seek $218M Fee Award In Google 'Incognito' Deal
Attorneys from three firms urged a California federal judge to award them $217.6 million in fees after reaching a settlement with Google in which the search giant agreed to delete billions of data records related to users' private browsing activities, with a Google representative blasting the fee bid as an attempt to "line their own pockets."
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April 24, 2024
Ex-Autonomy GC Tells Jurors He Wanted To Be 'Helpful' To HP
Autonomy's former U.S. general counsel conceded Wednesday in the criminal trial of former CEO Michael Lynch that he told an HP lawyer he wanted to be as "helpful" as possible to the company as it was investigating Autonomy-related issues that popped up after the Silicon Valley giant purchased the British company, and that he was told he could face liability for his work at Autonomy.
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April 24, 2024
Bid To Sanction DOJ Denied In Novel Insider Trading Case
A California federal judge on Tuesday refused to grant an indicted former healthcare CEO's bid to sanction the government in a case accusing him of a novel form of insider trading, saying the CEO failed to show that he was prejudiced by the government interviewing a potential witness without counsel present.
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April 24, 2024
FDIC Pushes Back On Lender Groups Suing Over Colo. Law
The Federal Deposit Insurance Corp. has weighed in on a legal challenge to a Colorado law aimed at curbing higher-cost online lending in the state, arguing that the lender trade groups behind the challenge are misconstruing the agency's past words to support their case.
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April 24, 2024
FCC OKs Detroit TV Deal — If Certain Conditions Are Met
The Federal Communications Commission approved the $75 million sale of a Michigan-based television station to Mission Broadcasting, but conditioned the sale on terms meant to ensure that Nexstar, the country's largest TV station group owner, does not have de facto control of the station.
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April 24, 2024
Takeaways From The FTC's Noncompetes Ban
The first legal challenges to the Federal Trade Commission's new ban on essentially all noncompete agreements that employers impose on workers have already been filed, but questions remain, not just on the rule's legal viability, but also on the likelihood of follow-on rulemakings and the rule's exact reach.
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April 24, 2024
1st Circ. Upholds Feds' Vineyard Wind Project Approval
The First Circuit on Wednesday affirmed a lower court ruling rejecting Massachusetts residents' challenge to the federal government's approval of a wind energy project off the coast of Martha's Vineyard and Nantucket, saying federal regulators adequately analyzed the projects' effects on right whales.
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April 24, 2024
Wash. AG Wants RFK Jr., Ex-NBA Star's Anti-Vax Suit Tossed
Washington's attorney general urged a federal judge Tuesday to toss a lawsuit brought by Robert F. Kennedy Jr. on behalf of NBA legend John Stockton trying to shield doctors who make anti-vaccine statements, arguing a state medical board has the right to penalize medical providers for spreading COVID-19 misinformation.
Expert Analysis
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A Closer Look At Antitrust Agencies' Chat Platforms Guidance
Following the U.S. antitrust agencies' clarification that companies' preservation obligations extend through applications that automatically delete communications, firms should look at new compliance measures, including keeping control over retention settings, say John Ingrassia and Tim Burroughs at Proskauer.
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Expect CFPB Enforcement To Continue Ramping Up
From hiring and structural changes to continuous external pressure from a variety of sources, all signs indicate that the recent rise of the Consumer Financial Protection Bureau's public enforcement activity will continue throughout the rest of the year, despite ongoing litigation that could upend everything, say attorneys at Paul Hastings.
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ESG Challenges In Focus After Sierra Club Opposes SEC Rule
The Sierra Club's recent objection to the U.S. Securities and Exchange Commission's climate-related disclosures for investors presents an unusual — pro-disclosure — legal challenge and an opportunity to take a close look at the varying critiques of ESG regulations, say Colin Pohlman, and Jane Luxton and Paul Kisslinger at Lewis Brisbois.
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A Snapshot Of The Evolving Restrictive Covenant Landscape
Rachael Martinez and Brooke Bahlinger at Foley highlight recent trends in the hotly contested regulation and enforcement of noncompetition and related nonsolicitation covenants, and provide guidance on drafting such provisions within the context of stand-alone employment agreements and merger or acquisition transactions.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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How Export Controls Are Evolving To Address Tech Security
Recently proposed export control regulations from the U.S. Department of Commerce are an opportunity for stakeholders to help pioneer compliance for the increasing reliance on the use of outsourced technology service providers, say attorneys at Benesch.
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5th Circ. Clarifies What Is And Isn't A 'New Use' Of PFAS
The Fifth Circuit's March 21 decision in Inhance Technologies v. U.S. Environmental Protection Agency, preventing the EPA from regulating existing uses of PFAS under "significant new use" provisions of the Toxic Substances Control Act, provides industry with much-needed clarity, say Joseph Schaeffer and Sloane Wildman at Babst Calland.
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Private Capital Considerations Amid Market Revival
As improved market conditions position traditional financing to regain lost market share, it's also worth considering the pace and structure of private credit and other forms of private capital, especially when seeking to set unique terms or build new corporate relationships, say attorneys at Skadden.
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Handling Customer Complaints In Bank-Fintech Partnerships
As regulators mine consumer complaint databases for their next investigative targets, it is critical that fintech and bank partners adopt a well-defined and monitored process for ensuring proper complaint handling, including by demonstrating proficiency and following interagency guidance, say attorneys at Jenner & Block.
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Trump's NY Civil Fraud Trial Spotlights Long-Criticized Law
A New York court’s recent decision holding former President Donald Trump liable for fraud brought old criticisms of the state law used against him back into the limelight — including its strikingly broad scope and its major departures from the traditional elements of common law fraud, say Mark Kelley and Lois Ahn at MoloLamken.
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Opinion
New Mexico Fire Victims Deserve Justice From Federal Gov't
Two years after the largest fire in New Mexico's history — a disaster caused by the U.S. government's mismanagement of prescribed burns — the Federal Emergency Management Agency must remedy its grossly inadequate relief efforts and flawed legal interpretations that have left victims of the fire still waiting for justice, says former New Mexico Attorney General Hector Balderas.
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Opinion
$175M Bond Refiled By Trump Is Still Substantively Flawed
The corrected $175 million bond posted by former President Donald Trump on Thursday to stave off enforcement of the New York attorney general's fraud judgment against him remains substantively and procedurally flawed, as well as inadequately secured, says Adam Pollock of Pollock Cohen.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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2 Recent Suits Show Resiliency Of Medicare Drug Price Law
Though pharmaceutical companies continue to file lawsuits challenging the Inflation Reduction Act, which enables the federal government to negotiate for lower prescription drug prices, recent decisions suggest that the reduced drug prices are likely here to stay, says Jose Vela Jr. at Clark Hill.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.