Compliance

  • August 11, 2020

    Feds' Weakening Of Migratory Bird Protections Vacated

    The U.S. Department of the Interior's recent move to loosen restrictions on the incidental killing of migratory birds illegally departed from decades of established practice and runs counter to the intent of a law designed to protect the creatures, a New York federal judge said Tuesday.

  • August 11, 2020

    Utilities Blast Broadband Cos.' Push To Split Pole-Fixing Costs

    An electric utility group has urged the FCC to reject the broadband industry's push to require power companies to cover part of the costs of repairing utility poles in areas lacking high-speed internet, saying it would hinder their broadband expansion efforts.

  • August 11, 2020

    New Group Aims To Elevate Voices Of Black Compliance Pros

    A Greenberg Traurig LLP attorney who previously worked at the Consumer Financial Protection Bureau launched an organization this week that seeks to expand opportunities for Black compliance and risk management professionals while changing corporate attitudes toward diversity from the top down.

  • August 11, 2020

    4 Takeaways From Uber, Lyft's Worker Classification Loss

    The San Francisco Superior Court's ruling Monday that Uber and Lyft must treat their drivers as employees under California law represents a seismic shift in a sprawling legal battle over how to classify workers in the gig economy. Here, Law360 looks at four takeaways from the pivotal decision.

  • August 11, 2020

    Auto Alliance, Chamber Rip 9th Circ.'s VW Tampering Ruling

    The U.S. auto industry's largest trade group and the Chamber of Commerce told the Ninth Circuit that allowing state and local governments to regulate post-sale updates to vehicles would create a hopelessly unmanageable patchwork of regulation that would throw the automotive industry into chaos.

  • August 11, 2020

    DOJ Says Administrative Procedure Act Is Behind The Times

    The U.S. Department of Justice on Tuesday urged lawmakers to update a law that governs procedures for federal rulemakings, saying that in its current form, it fails to adequately promote accountability, transparency and public participation and isn't sufficient to deal with modern regulation.

  • August 11, 2020

    FERC Says Energy Storage Facilities Can Get Grid Treatment

    The Federal Energy Regulatory Commission has approved a Midwestern grid operator's proposal to treat energy storage facilities as transmission assets to address grid expansion issues, but one commissioner warned the agency is wrongly blurring the line between electricity generation and transmission.

  • August 11, 2020

    Fluoride Risk Question Headed Back To EPA After Trial

    Following a bench trial over the risks of adding fluoride to drinking water, a California federal judge told the challengers to file a new administrative petition with the U.S. Environmental Protection Agency so it can consider the substance's risks with the benefit of new evidence.

  • August 11, 2020

    Watchdog Flags Gaps In DOL Virus Leave Law Enforcement

    A U.S. Department of Labor auditor reported Tuesday that a number of issues plague the agency's ability to enforce an emergency virus leave law, including the lack of on-site probes, the department's controversially broad take on the law's exemptions, and faulty data backing its rules.

  • August 11, 2020

    Coronavirus Regulations: A State-By-State Week In Review

    Financial relief from public and private sources poured in over the past week for multiple populations impacted by the COVID-19 pandemic, including Delaware and New Jersey renters, Garden State landlords and small businesses, and California small businesses.

  • August 11, 2020

    Rising Star: Miller & Chevalier's Ann Sultan

    Ann Sultan of Miller & Chevalier Chtd. helped guide telecommunications company VEON through an internal investigation into suspected violations of the Foreign Corrupt Practices Act, ultimately resolving the matter with U.S. and Dutch authorities and earning her a spot among the compliance law practitioners under age 40 honored as Law360 Rising Stars.

  • August 11, 2020

    Google's Fitbit Bid Faces Varying Levels Of Data Concerns

    Google's deal for fitness tracking outfit Fitbit comes amid mounting global pressure to address the dominance of large technology firms. European watchdogs have already raised concerns, but it's not clear U.S. antitrust enforcers will follow suit.

  • August 10, 2020

    Facebook Builds Group Focused On All Its Payment Initiatives

    Facebook is putting all of its payment initiatives under one roof with the creation of a group called Facebook Financial, or F2, headed by David Marcus, who oversees the Facebook-affiliated digital currency Libra, the social media giant confirmed Monday.

  • August 10, 2020

    SEC Reaches Settlement With Accused COVID-19 Fraudster

    A Florida federal judge on Monday approved a consent judgment against a CEO accused by the U.S. Securities and Exchange Commission of inflating his company's share prices through misleading claims about fever-detecting thermal scanners, with the executive agreeing to a permanent ban from running issuers of securities and an undetermined civil fine.

  • August 10, 2020

    EU, US In Talks To Replace Axed Privacy Shield Data Pact

    The U.S. Department of Commerce and the European Commission revealed Monday that they're negotiating an "enhanced" Privacy Shield data transfer agreement to replace a version of the popular pact invalidated by the European Court of Justice last month. 

  • August 10, 2020

    Kansas Accuses Feds Of 'Patently Wrong' Trust Land Decision

    Kansas joined a local county, city and tribes Monday to sue the federal government, saying the Department of the Interior was "patently wrong" when it relied on a 1984 law to take land into trust for gambling for the Wyandotte Nation of Oklahoma in May.

  • August 10, 2020

    Judge Hasn't 'Heard Enough' From FTC On Coal Deal's Reality

    A Missouri federal judge pressed the Federal Trade Commission in closing arguments Monday to explain how a proposed joint venture between Arch Coal and Peabody would drive up energy prices in the face of market pressures beyond the "coal-on-coal competition" that the agency has focused on.

  • August 10, 2020

    FCC Says Times Are A-Changin' As It Dumps Radio Dupe Rule

    The Federal Communications Commission has officially killed the so-called radio duplication rule, which for more than 50 years has banned local radio stations that share an owner from airing a certain amount of overlapping content.

  • August 10, 2020

    Colo. Tells 10th Circ. Block Of Trump Water Rule Was Proper

    Colorado is urging the Tenth Circuit to uphold a lower court's decision barring the Trump administration's rule narrowing the scope of the Clean Water Act from taking effect in the state, saying it would cause serious environmental damage if reinstated.

  • August 10, 2020

    NRDC Says Trump Admin. Must Update Energy Standards

    The Natural Resources Defense Council and a coalition of advocates on Monday threatened to sue the U.S. Department of Energy, alleging it has ignored its duty to update energy standards for a slew of products from microwave ovens to water heaters.

  • August 10, 2020

    Whistleblowers Who Won $1.7M Get Dropped Claims Revived

    The Tenth Circuit has ruled that four former Afghanistan investigators for defense contractor Vectrus who won $1.7 million over claims they were retaliated against for reporting malfeasance will keep their awards and receive a new chance to bring claims that were dismissed before trial.

  • August 10, 2020

    Thompson Hine Adds Pair Of Investment Management Attys

    Thompson Hine LLP said Monday it added two attorneys to its corporate transactions and securities practice group from in-house positions to focus on financial technology, broker-dealer regulations and fund governance.

  • August 10, 2020

    Judge Says Indicted Ex-Exec Can't Have Mexico B-Day Bash

    An Indiana federal judge has rejected an ex-Celadon Group Inc. executive's request to travel to Mexico for his 40th birthday beach celebration with family and friends while he faces criminal securities and accounting fraud charges back at home.

  • August 10, 2020

    Interactive Brokers To Pay $38M To Multiple Regulators

    Interactive Brokers LLC has agreed to pay $38 million in fines to resolve claims that the electronic trading platform failed to file suspicious activity reports for certain securities trades and ran afoul of anti-money laundering rules, regulators said Monday.

  • August 10, 2020

    Uber And Lyft Can't Treat Calif. Drivers As Contractors

    Uber and Lyft must reclassify California drivers as employees, a state court judge said Monday in a pivotal win for state enforcers and workers' advocates that means the workers will get sick leave, wage minimums and other job protections.   

Expert Analysis

  • New Proxy Advice Policy Reflects SEC's Softened Stance

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    The U.S. Securities and Exchange Commission's recently adopted rules for proxy advisory firms do not go as far as the agency's last proposal for regulating this industry, making it likely the proxy voting process will undergo subtle adjustments — but not fundamental change, say attorneys at Cleary.

  • Ways To Secure Consumers' Electronic Consent For Data Use

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    Many privacy laws require written consent from consumers to use or disclose their nonpublic personal information, but it is easy for digital businesses to obtain multipurpose electronically signed consents that protect against civil and regulatory actions, says Brian Casey at Locke Lord.

  • Making And Keeping Corporate Climate Commitments: Part 1

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    As pressure mounts on companies to commit to climate change initiatives, in-house compliance and legal teams have key roles in ensuring that climate goals are achievable and appropriately messaged, and that governance programs are in place to support their fulfillment and minimize risk, say attorneys at Kirkland.

  • Lesser-Known Litigation Funding Best Practices For Attorneys

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    Following the American Bar Association's recent publication of third-party litigation funding guidance, Jiamie Chen and Dai Wai Chin Feman at Parabellum Capital outline some additional considerations, including the ethical limitations on single-case funding and the futility of economic prenegotiations between attorneys and their clients.

  • Differences Between US And UK Data Sharing Legislation

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    The recently effective cross-border data sharing agreement offers U.K. law enforcement easier access to data held by U.S. communications providers, and allows the U.S. scope to streamline its own processes, say Alison Geary and Joanna Howard at WilmerHale.

  • Opinion

    ADA Protects Lawyers With Disabilities, But We Must Do More

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    As an attorney with cerebral palsy, Danielle Liebl at Reed Smith says that while the 30-year-old Americans with Disabilities Act has protected her against discrimination, the legal industry must do more to accommodate lawyers with disabilities and make them more comfortable in self-identifying.

  • Considerations For NY Small Biz Truth In Lending Compliance

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    Michael Karpen and Richard Eckman at Troutman Pepper analyze New York state’s pending Small Business Truth in Lending Act, including the types of transactions, lenders and financing providers to which the statute applies, specific disclosure requirements, and unique challenges for the merchant cash advance industry.

  • Calif. Employers May See COVID-19 Safety Citations Soon

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    The California governor’s recent directive explaining efforts to strategically enforce COVID-19 workplace safety guidelines indicates a high likelihood that the state’s Division of Occupational Safety and Health will issue employer citations for serious violations in the near future, says Thomas Song at Carothers DiSante.

  • Perspectives

    Legal Deserts Threaten Justice In Rural America

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    Many small towns and rural counties have few lawyers or none at all, which threatens the notion of justice for all Americans and demands creative solutions from legislators, bar associations and law schools, says Patricia Refo, president of the American Bar Association.

  • Unusual TikTok Review Calls CFIUS Processes Into Question

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    The Committee on Foreign Investment in the United States has departed from established processes in its national security investigation of TikTok, with comments from across the Trump administration casting doubt on the interagency committee's confidentiality, apolitical nature and focus, says Paul Marquardt at Cleary.

  • Using Blockchain To Settle Trades Could Alter Litigation

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    On the heels of Paxos Trust's and the Depository Trust Clearing Corp.’s recent interest in using distributed ledger technology to settle equities trades, analysts at The Brattle Group explore how having a record of every transaction can help answer a thorny damages question in securities class actions.

  • Analyzing Upward And Downward Trends In Legal Tech

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    Advances in legal technology are often accompanied by bombastic overstatements, but it is important to separate the wheat from the chaff by looking at where various technologies stand on the hype curve, says Lance Eliot at Stanford Law School.

  • Employer Next Steps After Court Guts DOL Virus Leave Rule

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    Following a New York federal court’s decision Monday to invalidate parts of a U.S. Department of Labor rule limiting who can take paid sick or expanded family COVID-19 leave, employers may need to adjust determinations related to work availability, health care capabilities, intermittent leave and documentation, says Susan Harthill at Morgan Lewis.

  • Lessons From Novartis' $678M Speaker Program Settlement

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    Novartis' recent $678 million deal with the U.S. Department of Justice, settling allegations that the company's physician-led speaker programs violated the Anti-Kickback Statute, sheds light on arguably the highest-risk marketing practice in the life sciences industry and steps companies can take to avoid DOJ ire, say attorneys at Skadden.

  • Climate Change Litigation Looms Over Trump Enviro Overhaul

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    Updated regulations from the White House Council on Environmental Quality likely preclude government agencies from considering climate change in most National Environmental Policy Act analyses, making litigation over the revisions all but certain, say attorneys at King & Spalding.

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