Compliance

  • March 18, 2024

    Genesis Gets OK For $21M Deal To End SEC Crypto Loan Suit

    A New York federal judge on Monday approved a $21 million settlement to resolve allegations that bankrupt crypto lender Genesis Global Capital LLC violated the U.S. Securities and Exchange Commission's regulations by selling unregistered securities in a joint partnership with crypto exchange Gemini Trust Co.

  • March 18, 2024

    SEC Sanctioned Over 'Bad Faith Conduct' In Crypto Case

    A Utah federal judge sanctioned the U.S. Securities and Exchange Commission on Monday over misstatements its counsel made to obtain emergency measures against crypto project Debt Box, ordering the regulator to pay both the defense's and receiver's attorney fees as well as legal costs arising from the regulator's "bad faith conduct."

  • March 18, 2024

    Energy Co. Exec Cops To $5.5M Commodity Kickback Scheme

    A former president of a Texas energy company has pled guilty to fraudulently trading natural gas futures contracts and receiving $5.5 million in illegal kickbacks for the associated trades, the U.S. Department of Justice has said.

  • March 18, 2024

    Food Industry Group Urges 9th Circ. To Keep GMO Labeling Rule

    A trade group representing corporate giants including Coca-Cola and General Mills has urged the Ninth Circuit to keep a federal labeling rule allowing disclosure of genetic modifications to foods to be done digitally, claiming that upsetting the rule would present "significant disruption for industry and consumers alike."

  • March 18, 2024

    FINRA Fines Firm Over Social Media Influencers' Posts

    The Financial Industry Regulatory Authority announced Monday that it has settled its first formal enforcement disciplinary action stemming from a firm's supervision of social media influencers, fining financial services provider M1 Finance LLC $850,000 for its influencers' misleading posts.

  • March 18, 2024

    Judge Pauses Fla. Tribe's Suit Over Clean Water Act Program

    A Florida federal judge on Monday paused a lawsuit brought by the Miccosukee Tribe of Indians alleging the U.S. Environmental Protection Agency improperly granted the state permitting authority under a Clean Water Act program, saying the case could be moot if an order in similar litigation is allowed to stand.

  • March 18, 2024

    Sen. Vance Backs Suit To Declare Google Common Carrier

    Sen. J.D. Vance, R-Ohio, and an anti-monopoly nonprofit have backed the Ohio state attorney general's lawsuit seeking to declare Google as a common carrier.

  • March 18, 2024

    Tesla Trial To Test Bounds Of Autonomous Cars' Future

    An upcoming California trial seeking to hold Tesla accountable for the death of a driver who had been playing games on his cellphone while his vehicle was in Autopilot may force the auto industry to recalibrate its approach to advanced driver-assistance systems, as developers pushing fully autonomous transportation stare down the threat of new legal landmines, experts say.

  • March 18, 2024

    High Court Doubts Feds Coerced Social Media Cos.

    A majority of the U.S. Supreme Court appeared unconvinced Monday that the Biden administration violated the First Amendment by working with social media platforms to combat the spread of misinformation, often chiding Louisiana's solicitor general for presenting confusing and overly expansive arguments.

  • March 18, 2024

    Battle Over Mass. Rezoning Law Headed To High Court In Fall

    The Massachusetts attorney general's lawsuit to force a Boston suburb to comply with an ambitious housing law was fast-tracked Monday to the state's high court later this year, as more than a hundred towns around Boston watch how the dispute plays out.

  • March 18, 2024

    SunZia Argues Suit Over Power Line Project Filed Far Too Late

    The developer of the proposed SunZia Southwest Transmission Project is asking an Arizona federal court to dismiss claims that the U.S. Department of the Interior failed to take a proper look at historic properties and cultural resources that the 550-mile power line might affect, arguing that the allegations are time-barred.

  • March 18, 2024

    Conn. Judge Won't Halt Ex-Yale Student's Case After 'Doxxing'

    A Connecticut federal judge determined Monday that acquitted former Yale University student Saifullah Khan's decision to reveal his onetime sexual assault accuser's name on X, the social media site formerly known as Twitter, isn't fatal to a defamation lawsuit against the woman despite an anonymity order.

  • March 18, 2024

    Trump Says He Can't Secure Bond For $465M Fraud Judgment

    Former President Donald Trump told a New York appellate court Monday that posting bond while he appeals a $465 million judgment against him and his business empire for allegedly defrauding banks and insurers is a "practical impossibility."

  • March 18, 2024

    2 Investment Firms To Pay SEC $400K For 'AI Washing'

    The U.S. Securities and Exchange Commission on Monday said it had reached settlements totaling $400,000 with a pair of investment advisers over claims that they made false and misleading statements about their use of artificial intelligence.

  • March 18, 2024

    Can EPA Shut Down State Air Plans? The Battle Isn't Over

    The D.C. Circuit reversed some U.S. Environmental Protection Agency vetoes of state air quality plans that gave power plants and other facilities a break when they exceed air emissions limits when they're starting up, shutting down or malfunctioning, but the court's decision wasn't a complete loss for the EPA and opened avenues for new litigation.

  • March 18, 2024

    EPA Bans Most Common Asbestos In 'Cancer Moonshot' Rule

    The U.S. Environmental Protection Agency on Monday finalized a ban on the most prevalent variety of asbestos, the first asbestos risk management rule issued since the Toxic Substances Control Act was amended in 2016.

  • March 18, 2024

    Ex-Holland & Knight Atty To Lead Hilgers Graben Gov't Team

    A former securities defense leader at Holland & Knight LLP has moved to Hilgers Graben PLLC's Dallas office to lead the firm's government investigations and regulatory enforcement group.

  • March 18, 2024

    4th Circ. Preview: Airport Mishap, Inmate Pay Launch March

    The Fourth Circuit's spring session will task the court with refereeing a power struggle between Virginia regulators and the authority that runs Washington, D.C.'s airports — stemming from a workplace amputation — and delving into the "honest belief" doctrine's role in a Family Medical Leave Act case.

  • March 18, 2024

    Energy Dept. Says Alaska LNG Review Passes Legal Muster

    The U.S. Department of Energy on Friday defended its reapproval of a $43 billion liquefied natural gas project in Alaska, telling the D.C. Circuit that its additional environmental review sufficiently considered the climate change impacts of the controversial project.

  • March 18, 2024

    Farmers Seek Quick Win In H-2A Suit Against DOL

    Visa-filing agency USA Farm Labor Inc. and a slew of farms and ranches said the attorney general didn't approve the U.S. Department of Labor's rule regulating wages for foreign H-2A farmworkers, urging a North Carolina federal judge to hand them a win.

  • March 16, 2024

    Up Next At High Court: Gov't Jawboning & Retaliatory Arrests

    The U.S. Supreme Court has a packed oral arguments calendar this week that includes disputes over the Biden administration's work with social media companies to combat misinformation, the appropriate evidence standard for bringing retaliatory arrest claims and whether the federal government can object to a consent decree entered into by three states.

  • March 15, 2024

    5th Circ. Blocks SEC Climate Reporting Regulations, For Now

    The Fifth Circuit on Friday temporarily blocked the implementation of the U.S. Securities and Exchange Commission's new emissions reporting requirements, issuing an administrative stay in a challenge brought by oil and gas company Liberty Energy Inc.

  • March 15, 2024

    Calif. Truckers Lose Renewed Bid To Block AB 5

    A California federal judge Friday rejected a renewed bid by trucking groups to block enforcement of Assembly Bill 5, which presumes most workers are employees with few exceptions, saying any tinkering of "perceived deficiencies" is "better left to the soap box and the ballot box."

  • March 15, 2024

    Google Wants Facebook Pact Kept Out Of Ad Tech Discovery

    Google urged a Texas federal judge on Friday to reject state-level enforcers' bid to lift a stay on discovery for documents related to a bidding agreement between Google and Facebook in the suit accusing the search giant of monopolizing key digital ad technology, saying the plaintiffs' antitrust claims based on the agreement have already been dismissed.

  • March 15, 2024

    FTC Inks $26M Deal With Two Cypriot Tech Scheme Cos.

    The Federal Trade Commission said it has reached a $26 million settlement in D.C. federal court with two Cyprus-based companies that it accuses of defrauding elderly consumers out of tens of millions of dollars in a tech support scam.

Expert Analysis

  • Legislative And Litigation Trends In Environmental Advertising

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    Companies that tout their products' environmental benefits can significantly reduce the risk that they will face allegations of greenwashing by staying up to date on related Federal Trade Commission guidance, state requirements and litigation trends, say Raqiyyah Pippins and Kelsie Sicinski at Arnold & Porter.

  • What's On The Horizon In Attorney General Enforcement

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    A look at recent attorney general actions, especially in the areas of antitrust and artificial intelligence, can help inform businesses on what they should expect in terms of enforcement trends as 10 attorney general races play out in 2024, say attorneys at Cozen O'Connor.

  • Employer Best Practices In Light Of NY Anti-Trans Bias Report

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    A recent report from the New York State Department of Labor indicates that bias against transgender and nonbinary people endures in the workplace, highlighting why employers must create supportive policies and gender transition plans, not only to mitigate the risk of discrimination claims, but also to foster an inclusive work culture, says Michelle Phillips at Jackson Lewis.

  • Preparing For DOJ's Data Analytics Push In FCPA Cases

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    After the U.S. Department of Justice’s recent announcement that it will leverage data analytics in Foreign Corrupt Practice Act investigations and prosecutions, companies will need to develop a compliance strategy that likewise implements data analytics to get ahead of enforcement risks, say attorneys at Cozen O'Connor.

  • How High Court SEC Case Could Affect The ITC

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    While the U.S. Supreme Court’s upcoming ruling in U.S. Securities and Exchange Commission v. Jarkesy will likely spare the U.S. International Trade Commission from major operative changes, the ITC’s ability to issue penalties for violations of its orders may change, say Gwendolyn Tawresey and Ryan Deck at Troutman Pepper.

  • How 3 New Laws Change Calif. Nonprofits' Legal Landscape

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    Legislation that went into effect on Jan. 1 should be welcomed by California’s nonprofit organizations, which may now receive funding more quickly, rectify past noncompliance more easily and have greater access to the states’ security funding program, say Casey Williams and Brett Overby at Liebert Cassidy.

  • CFPB Overdraft Rule Could Mean Big Shift In Banking Biz

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    The Consumer Financial Protection Bureau has proposed "to close a longstanding loophole" in the Truth in Lending Act by changing how it regulates overdraft fees, but underneath the headline-grabbing proposal is a foundational shift in how the bureau views overdraft services, say attorneys at Katten.

  • Del. Segway Dismissal Suggests Execs Not Liable For Biz Risk

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    While the debate continues within the Delaware Chancery Court over whether Caremark liability applies to matters of pure business risk, the court's recent rejection of Segway’s suit against the ex-president who oversaw financial difficulties suggests the court is uninterested in undermining the deference the business judgment rule grants corporate fiduciaries, say attorneys at Dechert.

  • $32.4M Fine For Info Disclosure Is A Stark Warning For Banks

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    The New York State Department of Financial Services and the Federal Reserve's fining of a Chinese state-owned bank $32.4 million last month underscores the need for financial institutions to have policies and procedures in place to handle confidential supervisory information, say attorneys at Sidley.

  • HR Antitrust Compliance Crucial Amid DOJ Scrutiny

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    The Justice Department's Antitrust Division recently announced a required human resources component for antitrust compliance programs, which means companies should evaluate their policies to prevent, detect and remediate potential violations as they add training for HR professionals, say attorneys at Morgan Lewis.

  • Navigating The FCC's Rules On AI-Generated Robocall Voices

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    The Federal Communications Commission's declaratory ruling issued last week extends the agency's regulatory reach under the Telephone Consumer Protection Act to calls that use artificial intelligence technology to generate voices, laying out a compliance roadmap, but not making AI-cloned voices in robocalls illegal per se, say attorneys at Wiley Rein.

  • Lessons From Rare Post-Verdict Healthcare Fraud Acquittal

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    A Maryland federal court recently overturned a jury verdict that found a doctor guilty of healthcare fraud related to billing levels for COVID-19 tests, providing defense attorneys with potential strategies for obtaining acquittals in similar prosecutions, says attorney Andrew Feldman.

  • Aviation Watch: 737 Max Blowout Raises Major Safety Issues

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    The sudden in-flight loss of a side panel on an Alaska Air 737-9 Max last month, leaving a gaping hole in the side of the plane's cabin, highlighted ongoing quality issues at Boeing, the jet's manufacturer — but the failure also arose from decisions made by the airline, says Alan Hoffman, a retired attorney and aviation expert.

  • ChristianaCare Settlement Reveals FCA Pitfalls For Hospitals

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    ChristianaCare's False Claims Act settlement in December is the first one based on a hospital allegedly providing private physicians with free services in the form of hospital-employed clinicians and provides important compliance lessons as the government ramps up scrutiny of compensation arrangements, say attorneys at Sheppard Mullin.

  • Exporters Should Approach Self-Disclosure With Caution

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    A January Bureau of Industry and Security memorandum created an abbreviated process for disclosing export control violations that lack aggravating factors, but deciding which disclosure method to utilize remains a complex strategic undertaking to which companies must give careful consideration, say attorneys at Covington.

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