Compliance

  • June 21, 2021

    DOL Seeks Employers' Input On Drug Cost Disclosure Policy

    The U.S. Department of Labor's benefits unit is asking employers and insurers how they might be affected by a new requirement to disclose prescription drug costs, teaming up with other agencies to request the information Monday as the Biden administration mulls how to implement a Trump-era policy change.

  • June 21, 2021

    Ex-BigLaw Atty Says SEC Fails To Prove Securities Fraud

    An ex-BigLaw attorney-turned-hedge fund pro who was sentenced last month to six months in prison for bankruptcy fraud wants a New York district court to toss a parallel civil suit brought by the U.S. Securities and Exchange Commission, arguing that the agency failed to state a securities fraud claim.

  • June 21, 2021

    SEC Probing Firms Over SolarWinds Breach Disclosures

    The U.S. Securities and Exchange Commission is investigating whether companies failed to disclose the effects of the now infamous SolarWinds cyberattack on their businesses, offering amnesty to those that come forward and potential enforcement actions and steep fines for those that don't, according to industry sources and at least one major law firm.

  • June 21, 2021

    Endeavor Execs Quit Live Nation Board After DOJ Scrutiny

    Two top executives of entertainment giant Endeavor Group vacated their seats on Live Nation's board after the U.S. Department of Justice raised concerns that their dual roles violated the Clayton Act's ban on interlocking directorates, the DOJ said Monday.

  • June 21, 2021

    DOJ Shuffles Fraud Section Leaders As Top Deputy Departs

    The U.S. Department of Justice is reshuffling the leadership of its Criminal Division as a top deputy departs for private practice, promoting acting Fraud Section chief Daniel Kahn to deputy assistant attorney general and replacing him with a veteran health care fraud prosecutor.

  • June 21, 2021

    Chinese Central Bank Says Banks Must Block Crypto Trades

    China's central bank on Monday told the country's leading financial institutions to cease all support for cryptocurrency transactions, citing the potential for digital currencies to facilitate money laundering and skirt regulations on asset transfers.

  • June 21, 2021

    U.S. Steel Keeps Victory In Fire Reporting Suit At 3rd Circ.

    U.S. Steel Corp. on Monday maintained its defeat of a Clean Air Council lawsuit alleging it violated federal notification requirements regarding a 2018 fire near Pittsburgh, with the Third Circuit's precedential ruling that the company's reports to local authorities were sufficient.

  • June 21, 2021

    DOJ Broke No-Charge Promise In Wage-Fix Case, Court Told

    The former owner of a physical therapist staffing company accused U.S. Department of Justice prosecutors Friday of breaking their promise not to charge him in their first criminal wage-fixing case, arguing he's never been given an explanation of where his cooperation fell short.

  • June 21, 2021

    Hazy Future Of Trump-Era NEPA Rule Dooms Suit, Judge Says

    A Virginia federal judge on Monday ended a challenge to a Trump-era rule overhauling the use of the National Environmental Policy Act, saying questions over whether the rule will ever be implemented by the Biden administration means there's no ripe dispute to adjudicate.

  • June 21, 2021

    5 Things GCs Should Know About Global Corruption Trends

    While law enforcement has increased its use of technology to ensnare corporate wrongdoing, general counsel need to be increasing their use of data to flag high-risk areas.

  • June 21, 2021

    DOL Proposes 30-Minute Cap For Tipped-Wage Side Work

    The U.S. Department of Labor on Monday proposed scaling back the circumstances under which an employer may pay a lower minimum wage to workers who earn tips.

  • June 18, 2021

    SEC's Eye On Exec Trading Plans Should Keep Issuers Wary

    Public companies be warned — the U.S. Securities and Exchange Commission's recent drive to overhaul the rule that helps corporate executives dodge insider trading accusations could translate to more scrutiny from the agency's enforcement division, experts told Law360.

  • June 18, 2021

    Carnival Says Data Breach Exposed Customer, Staff Info

    Carnival Corp. said Friday that a March data breach may have exposed the personal information of guests and employees on its Carnival Cruise, Holland America and Princess Cruises lines, an episode that comes after the company was hit last year by ransomware attacks.

  • June 18, 2021

    Ohio Focuses On Getting Google Declared A Common Carrier

    Ohio's attorney general is seeking to split up his brand-new state court lawsuit against Google, preferring to tackle a bid to declare the search giant as a common carrier first and only then turn to a measure to bar Google from promoting its own offerings over competitors' as "unfair discrimination."

  • June 18, 2021

    Mass. Pot Regulators Hit TILT, Ayr With Nearly $600K In Fines

    Multistate cannabis company TILT Holdings Inc. and a Massachusetts marijuana company owned by Ayr Wellness Inc. have agreed to pay combined total of nearly $600,000 in fines to Massachusetts' Cannabis Control Commission to settle allegations they violated the state's marijuana regulations.

  • June 18, 2021

    ND Joins High Court Fight To Curb EPA Emissions Authority

    North Dakota on Friday joined several other Republican-led states in urging the U.S. Supreme Court to reconsider a D.C. Circuit decision they claim wrongly expands the U.S. Environmental Protection Agency's authority to regulate greenhouse gas emissions.

  • June 18, 2021

    Conservatives Split On Bipartisan House Antitrust Bills

    A coalition of conservative groups has come out swinging against major bipartisan antitrust proposals that could see key votes on Wednesday in the House Judiciary Committee, calling them "a deceitful attempt by Democrat lawmakers to exploit legitimate conservative anger over Big Tech."

  • June 18, 2021

    U. Of Idaho Improperly Cut Athlete Scholarships, NCAA Says

    The University of Idaho was hit with two years of probation and its financial aid staff will have to undergo NCAA compliance education for violating NCAA rules by improperly reducing the value of athletic scholarships for 139 athletes without notice or providing an opportunity for a hearing.

  • June 18, 2021

    SEC Gears Up For Another Look At Private Offering Rules

    The U.S. Securities and Exchange Commission appears ready to once again review private offering rules, backed by a new Democratic majority that could favor stronger requirements than those enacted by the prior Republican-led commission.

  • June 18, 2021

    BBVA Rolls Out Bitcoin Service For Swiss Banking Clients

    Spanish bank BBVA said Friday it is opening its bitcoin trading service to all of its Swiss private banking clients, marking yet another financial institution to broaden its cryptocurrency services in recent months.

  • June 18, 2021

    GSK Gets Top Court Assist In MDL Victory 'Roadmap'

    A sweeping order ending more than 400 cases alleging GlaxoSmithKline's anti-nausea medication Zofran causes birth defects provides a "roadmap" for fending off multidistrict litigation with the help of a landmark U.S. Supreme Court ruling, experts say.

  • June 18, 2021

    Airlines' Post-COVID Challenges Mount Amid Travel Surge

    The summer's surging travel bookings, vaccination rates and business reopenings spell a host of challenges for commercial airlines plotting an economic rebound following the heavy blows wrought by the COVID-19 pandemic.

  • June 18, 2021

    Colorado Adds Wrinkle To Emerging State Privacy Law Quilt

    Colorado is on the brink of becoming the third U.S. state to enact comprehensive consumer privacy legislation, a move that's set to throw a curveball at companies' compliance plans and give further ammunition to the push for a unified nationwide framework.

  • June 17, 2021

    Sen. Gillibrand Renews Push To Create US Privacy Agency

    Sen. Kirsten Gillibrand, D-N.Y., on Thursday stepped up her push for Congress to establish an independent federal privacy agency to overtake the Federal Trade Commission's authority in the space, floating an enhanced legislative proposal that would give the new agency the additional responsibility of policing Big Tech mergers and discriminatory data practices. 

  • June 17, 2021

    Sens. Aim To Make Hacks A RICO Crime Amid Attack Spike

    Bipartisan U.S. senators on Thursday reintroduced a bill that would clear the way for prosecutors to charge alleged hackers under the Racketeer Influenced and Corrupt Organizations Act, in a push coming after cyberattacks hit a critical pipeline and global meat supplier.

Expert Analysis

  • Health Cos. Must Prepare For Growing Ransomware Threat

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    Health companies are a prime target for ransomware attacks due to their sensitive data and relative vulnerability, so they will need compliance and resilience to guard against the increasingly varied ways that hackers can attempt to extract funds, say Alaap Shah and Stuart Gerson at Epstein Becker.

  • Attorneys Beware: Zoom Depositions Are Likely Inadmissible

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    As legal proceedings have moved online in light of the pandemic, lawyers may mistakenly believe that recorded Zoom video depositions can be entered as evidence, but without certain safeguards, the testimony is unlikely to be accepted by courts, says Phillip Zisook at Schoenberg Finkel.

  • White Collar Defense Do's And Don'ts For Meeting With DOJ

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    Former high-level U.S. Department of Justice prosecutors, now at Jones Day, offer suggestions for how to approach meetings with DOJ decision makers in white collar matters, highlighting common counter-productive moves and strategies that maximize the odds of a favorable outcome.

  • What Crypto Holders Can Learn From Early-2000s Tax Scandal

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    The Internal Revenue Service’s recent push to gather information about cryptocurrency accounts is similar to its Swiss bank account investigations of the early 2000s, which should prompt taxpayers to consider voluntarily disclosing transactions before they are individually targeted for enforcement, say Timothy Wagner and Thomas Barnard at Baker Donelson.

  • How Global Markets Are Preparing For Potential SPAC Growth

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    As the rising popularity of special purpose acquisition companies extends beyond the U.S., attorneys at Morgan Lewis look at how governments in Asia and Europe are positioning themselves through regulatory shifts, and what market trends can be expected in the U.S.

  • Telehealth Must Contend With Compounded Medication Regs

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    Expanding telehealth and digital pharmacy options like Amazon Pharmacy — which have seen accelerated growth during the pandemic — are entering the compounded medication industry and face a complex, evolving compliance landscape, including state and federal laws and regulations, and standards developed by organizations, say Emily Hussey and Kelly Kearney at Reed Smith.

  • Cos. Can Expect Tougher Climate Risk Disclosure Mandates

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    Recent developments in Congress and at the U.S. Securities and Exchange Commission that point toward an expansion of corporate climate risk disclosure requirements beyond securities filings are a clear signal to publicly traded companies that they must further integrate climate considerations into strategic planning at all levels, say attorneys at Akin Gump.

  • How To Assess Price Volatility Changes In SPAC Class Actions

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    Adjusting for changing volatility over a special purpose acquisition company's life cycle, as well as changes in marketwide volatility, is crucial for proper evaluation of market efficiency, loss causation and damages claims in securities class actions, say Alok Khare and Erica Rose at FTI Consulting.

  • Complying With New EU Data Transfer Contractual Obligations

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    The European Commission's new standard contractual clauses for transferring personal data outside the EU, which take effect June 27, place significantly more onerous obligations on companies, but there are several steps they can start implementing to comply, say William Long and Francesca Blythe at Sidley.

  • Law Firm Talent Must Reflect Shifting US Demographics

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    Stephanie Scharf at Scharf Banks and Roberta Liebenberg at Fine Kaplan analyze and project U.S. demographic trends to show that law firms that hope to succeed long-term must recruit, retain and advance female lawyers and lawyers of color, and they outline six steps for meeting these goals.

  • OSHA Considerations For Preventing Workplace Violence

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    As workplace violence disturbingly trends upward, employer compliance with Occupational Safety and Health Administration obligations begins with crafting and revising a strong zero-tolerance violence prevention policy to cover all workers, patients, clients, visitors, contractors and anyone else who may come in contact with the employer's personnel, say Dove Burns and Alexandra Simels at Obermayer Rebmann.

  • Wash. Clean Fuel Standard Hinges On Regs, Likely Litigation

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    Washington state's newly adopted clean fuel standard mandates reductions in greenhouse gas emissions from transportation fuels, but its impact may depend on yet-to-be-developed implementing regulations, and possible litigation over Gov. Jay Inslee's veto of a section of the law, say attorneys at V&E.

  • International Tax Reform's Implications For Transfer Pricing

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    As the Organization for Economic Cooperation and Development overhauls the global tax rules on base erosion and profit shifting, and the Biden administration rolls out new U.S. tax proposals, multinational enterprises need to prepare for the effects of these tax changes on their transfer pricing structures, say Mandy Li and Shuang Feng at MGO.

  • 5 Steps For A Successful SEC Whistleblower Tip — And Award

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    The U.S. Securities and Exchange Commission recently paid out some of the highest awards in its whistleblower program's 10-year history, offering a road map on how to file a tip that maximizes the likelihood of securing an award, say Matthew Stock and Jason Zuckerman at Zuckerman Law.

  • Risk Management Lessons From Recent Finance Co. Failures

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    Investor exposure to Archegos Capital and Greensill Capital before their high-profile collapses earlier this year show puzzling lapses in internal controls and highlight key risk management considerations for investors, says Benedict Roth at Martello Financial Services.

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