Compliance

  • December 13, 2019

    Cybercriminals Phished For Gov't Procurement Credentials

    Cybercriminals targeted the U.S. Departments of Energy, Commerce and Transportation as well as other federal agencies in a widespread campaign to steal login credentials from stakeholders in government procurement processes, security researchers say.

  • December 13, 2019

    Orbitz, Expedia Settle With Pa. AG Over Data Breach

    Pennsylvania said on Friday it has reached a $110,000 settlement with travel websites Orbitz and Expedia following an investigation by the state attorney general's office into a 2018 data breach.

  • December 13, 2019

    Ex-Financial Exec Gets 2 Years In $1M Kickback Scheme

    A New Jersey federal judge slapped the ex-chief information officer of a Texas-based financial services company with a two-year prison term Friday for pocketing almost $1 million in bribes for his help securing contracts between the business and two New Jersey information technology staffing companies.

  • December 13, 2019

    Feds Press For Massive $306M Restitution In Insys Exec Trial

    Seven former Insys Therapeutics Inc. executives who were either convicted or copped a plea in connection with an opioid kickback scheme should be on the hook for more than $300 million in restitution to defrauded insurance companies and a handful of patients, the government said Friday.

  • December 13, 2019

    Bill Aims To Start Anti-Vaping Campaigns On E-Cig Cos.' Dime

    Lawmakers on Friday introduced bipartisan and bicameral legislation that would create programs and provide resources to schools to combat the youth vaping crisis, funded by a fee imposed on e-cigarette companies.

  • December 13, 2019

    Oil Execs To Pay $3M To Settle SEC's Insider Trading Suit

    Two oil and gas company executives have agreed to pay a combined penalty of nearly $3 million to settle an insider trading lawsuit brought by the U.S. Securities and Exchange Commission, the agency said Thursday, for trades made on the acquisition of Irish health care company Covidien PLC by medical device giant Medtronic PLC.

  • December 13, 2019

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    High-profile CEOs from companies including Apple and Amazon pushed for an "economy-wide action" on paid leave, JPMorgan looked to narrow a 401(k) class action, and PayPal sued the Consumer Financial Protection Bureau over a recent digital wallet rule change. These are some of the stories in corporate legal news you may have missed in the past week.​

  • December 13, 2019

    Global Securities Watchdog Eyes Highly Leveraged Funds

    A global standard-setter for securities published new guidelines on Friday to help regulators monitor asset managers and assess whether highly leveraged funds pose a threat to financial stability.

  • December 12, 2019

    France Asked To Probe Vanity Fair, Facebook Over Tracking

    A prominent consumer advocacy group is pushing France's data protection authority to investigate the publisher of Vanity Fair magazine and two others for allegedly bypassing website visitors' choice to opt-out of online tracking and instead sending "fake consent" signals to Facebook and other advertisers.

  • December 12, 2019

    New Hemp Banking Guidance Unlikely To Sway Wary Lenders

    When four federal banking regulators, including FinCEN, announced they were easing the reporting requirements for banks working with hemp producers, many stakeholders took it as a welcome sign of the industry’s legitimization. But cannabis attorneys say the guidance on its own is not enough to persuade jittery financial institutions to enter the space.

  • December 12, 2019

    Turkey Enacts 7.5% Digital Services Tax

    Turkey will become the latest country to hit online companies with a special revenue tax, as the country's recently enacted digital services tax recently went into force, according to a Turkish government publication.

  • December 12, 2019

    Australian Gov't To Beef Up Digital Platform Regulation

    Australia's government on Thursday released a road map of its plans to increase regulation of digital platforms, which include creating a new enforcement division and efforts to boost the bargaining power that media companies there have when dealing with large technology companies.

  • December 12, 2019

    Senate Confirms Lung Cancer Doctor To Lead FDA

    The U.S. Senate on Thursday confirmed radiation oncologist Stephen M. Hahn to take over leadership of the U.S. Food and Drug Administration from acting Commissioner Ned Sharpless.

  • December 12, 2019

    Shopin CEO Cops To $42.5M Fraudulent Crypto Offering

    The CEO of online retail platform Shopin pled guilty to securities fraud for a cryptocurrency scheme in which he lied to investors about the company and held a $42.5 million unregistered initial coin offering, the New York attorney general’s office announced Thursday.

  • December 12, 2019

    Regulators Unveil Overhaul Of Community Lending Rules

    Federal banking regulators on Thursday released their highly anticipated proposed revamp of regulations requiring banks to lend in underserved communities, marking the next phase in the banking agencies’ effort to give the rules their first major update in more than two decades.

  • December 12, 2019

    NYSE Amends Plan To Allow Capital Raising In Direct Listings

    The New York Stock Exchange on Wednesday submitted a revised plan that would permit companies that go public through direct listings to also raise capital, coming just days after regulators rejected the exchange’s initial proposal.

  • December 12, 2019

    PayPal Sues CFPB Over Recent Digital Wallet Rule Change

    PayPal has opened fire on an eight-month-old rule from the Consumer Financial Protection Bureau that treats digital wallets the same as prepaid debit cards, saying it has led to customer confusion that the agency should have seen coming.

  • December 12, 2019

    DOL Finalizes Rule Excluding Some Perks From OT Math

    The U.S. Department of Labor finalized a rule Thursday that lets businesses leave several perks, including tuition benefits, paid leave cash-outs and some bonuses, out of the formula they use to determine workers’ overtime pay.

  • December 12, 2019

    Global Regulators Turn Focus On Bank Cryptoasset Exposure

    Global banking regulators asked for opinions Thursday on how they should develop a minimum standard for monitoring the exposure of banks to cryptoassets such as Bitcoin after warning they pose a risk to financial stability.

  • December 11, 2019

    Oracle's Pay Unequal By Up To $800M, Economist Testifies

    Oracle underpaid female, Asian and African American employees, a University of Pennsylvania labor economist testified on Wednesday in an administrative trial over the U.S. Department of Labor's gender and race pay equity claims, estimating that damages stemming from the underpayment could reach up to $800 million.

  • December 11, 2019

    FDIC Head Previews Plan To Update Brokered Deposits Regs

    The Federal Deposit Insurance Corp. will propose setting a "bright-line standard" on who qualifies as a deposit broker and creating a better process for seeking agency determinations as part of a forthcoming plan to update its brokered deposit regulations, the head of the agency said Wednesday.

  • December 11, 2019

    DC Circ. May Toss Atty's Suit Seeking Trump Financial Info

    A D.C. Circuit panel did not seem convinced on Wednesday to revive a Washington attorney's lawsuit demanding that President Donald Trump resubmit the public financial disclosures he filed in 2018 and 2019 and differentiate between his personal and business' debt and liabilities.

  • December 11, 2019

    House Clears Bill To Revamp Migrant Farm Workforce Laws

    The U.S. House voted to overhaul the nation's migrant farm workforce laws Wednesday, advancing a bipartisan deal that would expand the guest worker program.

  • December 11, 2019

    SEC Targets Shopin CEO Over Fraudulent $42.5M ICO

    An Israeli-South African cryptocurrency entrepreneur lied to hundreds of investors in his blockchain-based retail platform, Shopin, and conducted an unregistered initial coin offering that raised $42.5 million, according to a U.S. Securities and Exchange Commission suit filed in New York on Wednesday.

  • December 11, 2019

    Calif. Fights Bid To Block Pay-For-Delay Law

    California has fired back against a bid by a generic-drug industry trade group to enjoin a recently passed law that made the state the first in the nation to ban so-called pay-for-delay deals, saying the legislation is needed to preserve competition in the pharmaceutical industry.

Expert Analysis

  • New NLRB Election Rules Re-Level The Field For Employers

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    Christmas came early for employers on Friday with new regulations governing the National Labor Relations Board's election process. Effective in April 2020, these procedural changes go a long way toward re-leveling the playing field for employers when they litigate election issues and conduct election campaigns, say attorneys at Sheppard Mullin.

  • Whistleblowers' Unique Role In DOJ's Anti-Collusion Efforts

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    The U.S. Department of Justice's recently formed Procurement Collusion Strike Force provides those uniquely positioned in government contracting to be aware of anti-competitive conspiracies an excellent opportunity to step forward under the False Claims Act, say David Caputo and Zachary Arbitman at Youman & Caputo.

  • This Year's NLRB Rulings Were Great News For Employers

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    While the National Labor Relations Board is still regarded as a Byzantine legal minefield, this year the tide turned on issues like employer property rights and protected activity, and the landscape has never been so hospitable for employers, says Patrick Scully at Sherman & Howard.

  • FTC Disclosure Guide Signals More Influencer Scrutiny

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    The Federal Trade Commission's recently issued disclosure guidelines for social media influencers are educational, but, along with recent FTC enforcement actions, they also indicate that regulatory agencies are scrutinizing influencers and the advertisers that work with them, says Theodore Max at Sheppard Mullin.

  • Voting Records Support Concerns Over Proxy Firms' Influence

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    Research indicates thousands of asset managers mostly vote in line with proxy advisers' recommendations and aren't always transparent about it, validating concerns over proxy firms' outsize influence on investment management and our capital markets, says professor Paul Rose at the Ohio State University Moritz College of Law.

  • How Cos. Can Obtain TCPA-Compliant Text Message Consent

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    In the Second and Ninth Circuits, adequate consent for text message communications under the Telephone Consumer Protection Act remains a highly litigated issue, but companies may be able to avoid liability by employing clickwrap agreements, double opt-in processes and opt-out mechanisms, say Natalie Nahabet and Sarah Shyy of Orrick.

  • NJ Employment Legislation Had A Blockbuster Year

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    This year's updates to New Jersey's employment laws require company policy revisions and may also necessitate a look at how potential changes in 2020 could impact workforces in the long run, say Sarah Wieselthier and Holly Wintermute at Fisher Phillips.

  • 8 Highlights For Dealmakers From CFIUS’ Annual Report

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    The Committee on Foreign Investment in the United States' annual report shows its increasing relevance to cross-border transactions across diverse sectors. Early on, parties should consider the impact that CFIUS reporting and review will have on transaction timing, say attorneys at Kirkland.

  • What The Federal Green Light On Hemp Means For Banks

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    Banks adapting to federal regulators' recent guidance clarifying hemp's legal status should establish and review policies for compliance with state laws, the federal Bank Secrecy Act, new account requirements, transaction monitoring and know-your-customer due diligence to work with companies in this growing industry, says Kelly Huff at Montgomery McCracken.

  • FMLA Case Shows Eligibility Issues For Staffing Agency Hires

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    A recent enforcement action by the U.S. Department of Labor against convenience store distributor Imperial Trading reminds businesses using staffing agencies for temporary-to-permanent workers to tread carefully when calculating if they qualify for Family and Medical Leave Act benefits, says Scott Mirsky at Paley Rothman.

  • Pa. Justices' Ruling Highlights Federal, State Wage Law Divide

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    In light of the Pennsylvania Supreme Court’s recent overtime calculation decision in Chevalier v. GNC as well as the potential for state legislative action on minimum wage, Pennsylvania employers should ensure pay policies comply with both federal and state wage laws, say Jo Bennett and Osazenoriuwa Ebose at Schnader Harrison.

  • Insider Trading Bill Would Clarify, Expand Years Of Case Law

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    While still subject to Senate approval, the House's recent passage of the Insider Trading Prohibition Act is significant because it shows bipartisan approval for codifying — and potentially broadening — grounds for prosecuting insider trading established in case law, say attorneys at Baker Botts.

  • Strategies To Maintain Privilege In Crisis Response Scenarios

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    In several recent cases, courts have overridden claims that attorney-client privilege applies to communications with public relations firms in connection with litigation and to documents generated in internal investigations, but businesses can use several best practices to avoid the potential risk of waiving privilege, say attorneys at Ropes & Gray.

  • US Strengthened And Expanded Economic Sanctions In 2019

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    Stateside regulation of economic sanctions continued at a breakneck pace this year, with new rules targeting Venezuela, Cuba, Turkey and Iran, expanded guidance from the Office of Foreign Assets Control, and one of the most active enforcement years on record, say attorneys at Ropes & Gray.

  • Rigid Compliance May Not Deter Employment Litigation

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    A recent study of jury verdicts and awards in employment actions offers a stark reminder for employers that compliance with federal employment discrimination laws is essential, but it can't protect against state law claims, which generally result in higher jury awards than federal court cases, says Matthew Tyrrell at SFNR.