Compliance

  • May 29, 2020

    3 Questions For Tenants And Owners As Subleasing Looms

    As office and retail tenants continue to have difficulty making rent amid the COVID-19 pandemic, many will look to sublease some or all of their space, and lawyers say the pandemic has ushered in a unique set of sublease questions.

  • May 28, 2020

    PPP Loan Flexibility Passes House; Disclosure Falls Short

    A nearly unanimous House on Thursday approved a bill that would give more time and flexibility to businesses that receive forgivable loans through the Paycheck Protection Program, but Republicans defeated a proposal for public disclosure of all loans over $2 million.

  • May 28, 2020

    House Dems Ask FTC To Probe TikTok Over Kids' Privacy Deal

    More than a dozen U.S. House Democrats are pushing the Federal Trade Commission to look into allegations that TikTok blatantly disregarded a deal with the agency that required it to bolster its privacy protections for children, joining a chorus of advocacy groups and other lawmakers who have raised questions about the popular video-sharing app's collection and use of personal data. 

  • May 28, 2020

    Remanding Mass. Exxon Climate Case Clear Call, Judge Says

    A Massachusetts federal judge said Thursday the state attorney general's suit claiming ExxonMobil Corp. lied to investors and the public about climate change-associated risks relies on "mundane theories of fraud" that can be litigated in state court.

  • May 28, 2020

    Banks May Avoid Prosecutors' PPP Fraud Wrath, For Now

    With Paycheck Protection Program fraud cases popping up across the country like spring flowers, thousands of lenders that have participated in the coronavirus relief loan program could be forgiven for worrying the crackdown is coming for them too. But experts say banks can rest easy, at least for now, with the primary focus still on borrower fraud.

  • May 28, 2020

    Blockchain Co. To Return $25.5M After Unregistered ICO

    A California blockchain services company agreed to a $29.3 million settlement with the U.S. Securities and Exchange Commission on Thursday for conducting a $25.5 million unregistered initial coin offering.

  • May 28, 2020

    White House Order To Tackle Twitter Bias On Shaky Ground

    President Donald Trump signed an executive order Thursday urging the Federal Communications Commission to regulate big tech platforms, inflaming a long-simmering debate over the agency's authority to police internet content.

  • May 28, 2020

    9th Circ. Bars Pipelines From Water Permit During Appeal

    New oil and gas pipeline projects can't use an expedited Clean Water Act permitting process while the federal government and Keystone XL pipeline developer appeal a judge's order barring the use of the permit, the Ninth Circuit said Thursday.

  • May 28, 2020

    Clean Energy Tax Credit Delays Give Builders Breathing Room

    The U.S. Treasury Department on Wednesday formally announced an extension of eligibility deadlines for renewable energy tax credits, easing the minds of coronavirus-impacted wind and solar developers worried that blowing project milestones might cost them some or all of their credits.

  • May 28, 2020

    OSHA Tells House Panel It Just Issued First Virus Citation

    The Occupational Safety and Health Administration issued its first coronavirus-related citation "within the last week," the embattled head of the agency told lawmakers Thursday at a marathon House subcommittee hearing on OSHA's virus enforcement — or its alleged lack thereof.

  • May 28, 2020

    5 Questions To Ask When Workers Earn Social Media Infamy

    Franklin Templeton Investments moved swiftly to fire a white woman after a Twitter video of her calling the cops on a black man in Central Park went viral, but the company could have landed in legal hot water despite outrage at her actions, experts say. Here, Law360 looks at five questions businesses should ask when workers go viral for the wrong reasons.

  • May 28, 2020

    FINRA Hits Stifel For $3.6M In Year's Top Suitability Settlement

    The Financial Industry Regulatory Authority has ordered broker-dealer Stifel Nicolaus & Co. to pay more than $3.6 million in the largest suitability settlement of 2020, claiming the broker-dealer did not adequately monitor the rollovers of certain customer investments and provided inaccurate information.

  • May 28, 2020

    SEC Seeks $2.5M From Ponzi Scheme Operator

    The U.S. Securities and Exchange Commission asked a Utah federal judge Wednesday to grant a $2.5 million default judgment against the incarcerated owner of an online advertising business following a 2017 injunction against the alleged international Ponzi scheme.

  • May 28, 2020

    Feds Say 'Brazen' Ex-Goldman Banker Deserves 3 Years

    Federal prosecutors on Wednesday contended that a former Goldman Sachs banker had played a critical role in an insider trading plot and should spend three years in federal prison, the global pandemic notwithstanding, but added that he shouldn't have to start that sentence until it was safe to do so.

  • May 28, 2020

    CDC Tells Employers To 'Change The Way People Work'

    The Centers for Disease Control and Prevention has issued a step-by-step blueprint on how to reopen amid the ongoing coronavirus pandemic, telling employers in no uncertain terms that getting back to business shouldn't mean business as usual.

  • May 27, 2020

    Google Sued By Arizona AG Over 'Sweeping Surveillance'

    Arizona's attorney general has launched a lawsuit against Google LLC that accuses the company of defrauding users about their privacy while targeting them with a "sweeping surveillance apparatus," according to a heavily redacted complaint filed Wednesday in state court.

  • May 27, 2020

    Capital One Ordered To Release Report Of Massive Data Heist

    Capital One Financial Corp. has been ordered to disclose a cybersecurity firm's forensic analysis of its massive 2019 data breach, after a Virginia federal court that is hearing consumer litigation stemming from the breach rejected an argument that the report is protected by attorney-client privilege.

  • May 27, 2020

    Mass. Regulators Claim PE Firm GPB Capital Misled Investors

    Massachusetts securities regulators have launched an administrative enforcement action against asset management firm GPB Capital Holdings LLC, alleging the company violated state laws by misleading investors about its finances.

  • May 27, 2020

    Labor Dept. Watchdog Flags Fraud Risks In Benefit Guidance

    The U.S. Department of Labor's internal watchdog has criticized the agency's recommendation that states allow gig workers to collect unemployment benefits during the COVID-19 pandemic without showing proof of past earnings, telling the department that "the associated risk of fraud is significant."

  • May 27, 2020

    Calif. Leads Coalition Challenging Trump Fuel Economy Rule

    A coalition of more than 20 states and local governments led by California challenged the Trump administration's new greenhouse gas and fuel economy standards in the D.C. Circuit on Wednesday, arguing they are an unlawful retreat on a major climate change policy that will make public health worse.

  • May 27, 2020

    SEC Confronts Fraud Amid 'Spike' In COVID-19 Tips

    The U.S. Securities and Exchange Commission is fielding a "spike" in COVID-19-related tips, complaints and referrals, or TCRs, many of which are leading to new investigations that the commission will look to probe in short order, an agency official said Wednesday.

  • May 27, 2020

    CFPB Says Chicago Was 'Hotbed' Of Fifth Third Misconduct

    The Consumer Financial Protection Bureau says its unauthorized accounts lawsuit against Fifth Third Bank NA should remain in Chicago instead of being moved to Ohio because the Windy City has been a "hotbed of unscrupulous conduct" by the bank's employees.

  • May 27, 2020

    'Apocalyptic' Virus Merger Args Won't Work, FTC Official Says

    The head of the Federal Trade Commission's competition bureau warned merging parties on Wednesday that "failing firm" defenses of otherwise anti-competitive transactions will continue to fall on skeptical ears amid the COVID-19 pandemic and its economic fallout.

  • May 27, 2020

    Dispensary Tells 9th Circ. Pot Biz Tax Law Is Unconstitutional

    California cannabis dispensary Harborside is urging the Ninth Circuit to strike down a clause in the tax code that bars companies like it from taking business deductions, arguing in a brief filed late Tuesday that the clause is unconstitutional.

  • May 27, 2020

    Trade Groups Join Chamber's Push For Virus Liability Shield

    As lawsuits stemming from the COVID-19 pandemic crop up, the U.S. Chamber of Commerce and hundreds of trade organizations are ramping up calls for Congress to pass legislation protecting businesses from legal liability as they reopen.

Expert Analysis

  • Opinion

    Keystone XL Ruling Paralyzes Infrastructure Permit Process

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    A Montana federal judge's recent ruling revoking water permits for the Keystone XL pipeline and imposing a nationwide moratorium on dredging and filling operations by the U.S. Army Corps of Engineers seriously undermines a tried and true regulatory process, say Tom Magness at Grow America's Infrastructure Now and Patrice Douglas at Spencer Fane.

  • When Unclear Retail Rent-To-Own Terms Draw FTC Ire

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    The Federal Trade Commission's recent settlement with Progressive Leasing over its failure to clearly disclose rent-to-own prices illustrates the FTC's propensity to seek equitable monetary relief from national advertisers, as well as policy differences between Republicans and Democrats, say John Feldman and Gerry Stegmaier at Reed Smith.

  • Opinion

    Medicare Secondary Payer Proposal Should Set Fair Penalties

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    The Centers for Medicare & Medicaid Services' proposed rule establishing penalties for Medicare secondary payer late reporting unduly punishes entities for making good faith efforts to disclose claims, says Re Knack at the Medicare Advocacy Recovery Coalition.

  • Opinion

    Don't Cancel Your Summer Associate Programs

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    While pulling off an effective summer associate program this year will be no easy feat, law firms' investments in their future attorneys should be considered necessary even during this difficult time, says Summer Eberhard at Major Lindsey.

  • A Bankruptcy Probe Primer For White Collar Attorneys

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    As white collar attorneys are increasingly asked to assist with bankruptcy-related investigations by unsecured creditors due to the current economic environment, they should follow best practices concerning discovery, appointment of independent board members, and malpractice claims, say attorneys at Lowenstein Sandler.

  • Top 5 Wage And Hour Risks To Avoid As Businesses Reopen

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    Employers should use extra caution to sidestep several key wage and hour mistakes as businesses prepare to reopen following the coronavirus crisis and worker classification and Fair Labor Standards Act compliance comes under increased scrutiny, say Kathleen Caminiti and Eric Baginski at Fisher Phillips.

  • Pandemic Elevates Cos.' Compliance Risks In Latin America

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    While Latin American governments respond to pandemic-related financial needs, multinational companies face elevated compliance risks from increased interaction with government officials, and new enforcement policies related to the misappropriation of funds, expedited government contracting, increased transparency and monitoring, and international cooperation, say attorneys at K&L Gates.

  • The Legal Risks Of Bias In Artificial Intelligence

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    Bias in artificial intelligence algorithms is inevitable, so companies that use AI should take proactive steps to avoid disparate impact on legally protected classes and minimize the risk of lawsuits, say Brig. Gen. Patrick Huston at the Army JAG Corps and Lourdes Fuentes-Slater at Karta Legal.

  • 5 Ways To Reduce Post-Pandemic Legal Malpractice Exposure

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    History suggests that legal malpractice claims will rise following the current economic downturn, and while a certain percentage of the claims will be unavoidable, there are prophylactic steps that law firms can take, says John Johnson at Cozen O'Connor.

  • Risk Management Concepts For Public-Private Crisis Projects

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    As businesses new to public-private partnerships consider coronavirus-related disaster relief contracts, there are a number of issues general counsel and chief risk officers for these companies should consider that need not be a serious burden on operations, says Jordan Strauss at Kroll.

  • Telework Transition Holds Key Lessons For Public Agencies

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    Public agencies’ shift to remote work arrangements due to the pandemic highlights important lessons on policies, protocols and workplace safety that can help them prepare for challenges as telework becomes the new norm, say Oliver Yee and Alysha Stein-Manes at Liebert Cassidy.

  • How Rules Are Changing For California Physician Assistants

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    California's recent waiver of certain key physician assistant supervision requirements during the pandemic adds to a recent trend toward greater PA autonomy, says David Balfour at Nossaman.

  • 6 Considerations For Medical Staff's Virtual Peer Reviews

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    Today's need for social distancing creates unique challenges for hospitals in ensuring that medical staff peer reviews can proceed properly and fairly using remote hearing procedures, says Ron Ravikoff at JAMS.

  • Top 10 Employment And Benefit Issues In Bankruptcy Cases

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    Companies seeking bankruptcy relief in the wake of the coronavirus pandemic should be aware of crucial aspects of the employee and debtor-employer relationship that are critical to a smooth transition into Chapter 11 and a chance at successful reorganization, say attorneys at Squire Patton.

  • FTC Continues To Zero In On Problematic M&A Noncompetes

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    Although noncompete clauses often play a vital role in mergers and acquisitions, they are not immune from antitrust scrutiny — exemplified by three recent Federal Trade Commission challenges, say Joel Grosberg and Lisa Rumin at McDermott.

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