Compliance

  • January 27, 2022

    FTC Says Social Media Is A 'Gold Mine' For Crypto Scammers

    Facebook, Instagram and other social media platforms are a "gold mine" for scammers, according to a new consumer protection data report from the U.S. Federal Trade Commission, which said last year saw a sharp spike in online fraud schemes, particularly bogus cryptocurrency ventures.

  • January 27, 2022

    CPSC Approves New Crib Mattress Safety Rule

    The U.S. Consumer Product Safety Commission has announced it will impose new standards for infant mattresses used in cribs and play yards, responding to nearly 500 baby injuries over the past decade.

  • January 27, 2022

    4 High Court Tax Decisions Justice Breyer Helped Shape

    Justice Stephen Breyer, who announced his retirement from the U.S. Supreme Court on Thursday, was not a prolific author of tax-related opinions during his tenure, but nevertheless penned several decisions that established important principles in criminal and civil tax law. Here, Law360 takes a closer look at some of those cases.

  • January 27, 2022

    The Term: Breyer's Legacy And The Nomination To Come

    Justice Stephen Breyer on Thursday formally announced he would be retiring at the end of the Supreme Court term. Here, The Term breaks down the legacy he will leave behind and takes a look at what lies ahead for his potential successor with two special guests.

  • January 27, 2022

    SEC Calls Out Private Fund Advisers' Fee, Disclosure Lapses

    The U.S. Securities and Exchange Commission on Thursday highlighted a list of failures it says were committed by private fund advisers over a five-year examination period, including botched fee calculations, overcharges and a host of disclosure lapses.

  • January 27, 2022

    SEC Taps Ex-Cravath Partner To Be Corp Fin Deputy Director

    The U.S. Securities and Exchange Commission announced Thursday that a former Cravath Swaine & Moore LLP partner has been named the agency's new deputy director of its disclosure program in the Division of Corporation Finance.

  • January 27, 2022

    Breyer Retiring As Supreme Court Lurches Right

    Justice Stephen Breyer is retiring from the U.S. Supreme Court at a time when his conservative colleagues on the bench seem intent on dismantling landmark precedents on abortion, affirmative action and the administrative state, to name a few. Can his successor preserve his liberal legacy?

  • January 27, 2022

    Meadows On Shaky Legal Ground With Privilege Claim

    The U.S. Supreme Court's decision last week rejecting former President Donald Trump's bid to block certain White House documents from the House select committee probing the deadly Jan. 6 Capitol attack will make it more difficult for his allies, such as his former chief of staff Mark Meadows, to keep documents or conversations they had with Trump pertaining to the attack private.

  • January 27, 2022

    FCC Kicks Off Study For Broadband 'Nutrition Labels'

    The Federal Communications Commission voted unanimously Thursday to begin considering new rules that would require broadband providers to display easy-to-understand labels to allow consumers to comparison shop for broadband services, similar to nutrition labels on foods.

  • January 27, 2022

    Trump Spokesman Fights To Keep Jan. 6 Bank Docs Private

    A lawyer representing a spokesman for former President Donald Trump indicated Thursday that he plans to revise a lawsuit against the House select committee investigating last year's U.S. Capitol riot to block Chase Bank from handing over more of his client's private financial records to the panel.

  • January 27, 2022

    Cubs In Settlement Talks With DOJ Over Wrigley Accessibility

    The Chicago Cubs are in talks with the U.S. Department of Justice to resolve a compliance review of seating accessibility at Wrigley Field, according to Illinois federal court filings on Wednesday in a related Americans with Disabilities Act lawsuit against the team.

  • January 27, 2022

    SEC Refloats Executive Compensation Disclosure Rule

    The U.S. Securities and Exchange Commission on Thursday refloated a Dodd Frank-era rule that would allow investors to more easily compare public company executives' compensation to shareholder returns, a move that could appease investor advocates but drew a dissent from the agency's sole Republican member.

  • January 27, 2022

    'Street Level' Oxy Pusher Admits Tricking Ex-CEO's Company

    The Manhattan U.S. attorney's drug conspiracy case against former Rochester Drug Cooperative CEO Larry Doud inched toward completion Thursday after an opioid pusher told jurors he never met Doud and got meds from the company by lying about his pharmacy's operations.

  • January 27, 2022

    Google GC Named To Board Of Legal Diversity Council

    The Leadership Council on Legal Diversity has grown its board of directors by adding Google's general counsel, the group of chief legal officers and law firm managing partners said Thursday, drawing on a seasoned in-house leader whose commitments include increasing her retention of minority- and women-owned law firms.

  • January 27, 2022

    AGs Ask OSHA For Climate Change Heat Standards

    A coalition of six states has asked the Occupational Safety and Health Administration to establish national standards that consider occupational exposure to extreme heat to protect outdoor and indoor workers from the effects of rising temperatures due to climate change.

  • January 27, 2022

    Judge Jackson Back In Spotlight As High Court Contender

    The upcoming vacancy on the U.S. Supreme Court quickly threw the spotlight back on D.C. Circuit Judge Ketanji Brown Jackson, a former clerk for Justice Stephen Breyer whose stature as a likely successor to the retiring justice was suddenly raised Wednesday.

  • January 27, 2022

    The Implications Of CFIUS' Rising Profile On M&A

    The Committee on Foreign Investment in the U.S. is viewed as an effective tool for policing mergers and acquisitions with foreign investment components, but experts say its increasing prominence means more legal work on the front end of deals, and a growing number of lawmakers say it should shoulder even more responsibility.

  • January 27, 2022

    Biden At His Side, Justice Breyer Announces Retirement

    Supreme Court Justice Stephen Breyer joined President Joe Biden at the White House Thursday to formally announce his retirement, kicking off a rush among Democrats to confirm a new member of the court to replace the oldest serving justice.

  • January 26, 2022

    Limited Resources Will Test DOJ Preference For Merger Suits

    Jonathan Kanter, the U.S. Department of Justice's Antitrust Division chief, used his first address on the job to say that merger settlements should be "the exception, not the rule." But antitrust professionals say his desire to challenge more potentially anti-competitive mergers in court is likely to be tempered by limited government resources.

  • January 26, 2022

    Democrats Plan Swift Confirmation Of Breyer Successor

    The U.S. Senate's Democratic leaders pledged Wednesday to move swiftly to confirm a successor for U.S. Supreme Court Justice Stephen Breyer, who is expected to formally announce his retirement Thursday.

  • January 26, 2022

    Wash. AG's Antitrust Probe Ends 'Sold By Amazon' Program

    Washington state's attorney general announced Wednesday that an investigation by his office shut down an Amazon program that allegedly violated antitrust laws by setting minimum prices for certain third-party products sold on the retailer's platform.

  • January 26, 2022

    FCC Proposes Updates To Telecom Equipment Certification

    The Federal Communications Commission is proposing updates to its rules for certifying radio frequency equipment, which is designed to ensure devices operate without causing harmful interference.

  • January 26, 2022

    Trump NEPA Rule Fight Is A Non-Starter, 4th Circ. Told

    The U.S. Chamber of Commerce and other business groups on Tuesday urged the Fourth Circuit not to revive environmentalists' challenge to a Trump-era rule overhauling the National Environmental Policy Act, backing White House arguments that green groups can't fight a rule that hasn't been implemented.

  • January 26, 2022

    SEC Seeks To Beef Up Regs On Treasury Trading Platforms

    The U.S. Securities and Exchange Commission on Wednesday proposed rules to increase oversight of unregistered venues that match buyers and sellers of Treasurys and other government securities, saying the status quo lacks investor safeguards.

  • January 26, 2022

    EPA Declines To Switch Up Ethylene Oxide Risk Calculation

    The U.S. Environmental Protection Agency on Wednesday proposed sticking with a Trump-era plan for assessing risks posed by ethylene oxide pollution, refusing requests for the agency to use a different risk calculation model that was developed by Texas environmental regulators.

Expert Analysis

  • Ky. BIPA Copycat Bill Could Usher In Class Action Tsunami

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    A new Kentucky bill replicating Illinois' Biometric Information Privacy Act may trigger a wave of class actions, and momentum for similar legislation in other states, but companies can get ahead of it by taking several proactive compliance measures, says David Oberly at Blank Rome.

  • How AI Can Transform Crisis Management In Litigation

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    Attorneys should understand how to use rapidly advancing artificial intelligence technology to help clients prepare for potential catastrophic events and the inevitable litigation arising from them, from predicting crises before they occur to testing legal theories once they arise, say Stratton Horres at Wilson Elser and David Steiger.

  • 10 DOL Policy And Enforcement Priorities To Expect In 2022

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    This year, it’s likely the U.S. Department of Labor will approach policy and enforcement aggressively, with a focus on issues like employee classification, overtime exemption, Employee Retirement Income Security Act fiduciary duties, and more, say Timothy Taylor and Tessa Tilton at Holland & Knight.

  • Litigation Complicates Surprise Medical Bill Law Compliance

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    Health care providers working on compliance with a recently effective law intended to curb surprise medical bills should prioritize provisions of the statute that are not being challenged by a group of ongoing lawsuits, and prepare to take advantage of potential provider-friendly court rulings regarding components in question, say Brenna Jenny and Jaime Jones at Sidley.

  • Scope, Circumvention, New Shippers: Key Rule Changes

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    William Isasi and Rishi Gupta at Covington suggest practices international trade practitioners should adopt in response to changes in U.S. Department of Commerce procedures for requesting scope and circumvention inquiries and new shipper reviews, especially in light of the newly retroactive application of some agency determinations.

  • Opinion

    SEC Sacrifices Process To Block New Proxy Adviser Rules

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    The U.S. Securities and Exchange Commission's about-face on its recently passed reforms concerning proxy advisers is an example of how Chair Gary Gensler has forgone deliberation and bipartisanship to pursue his ambitious agenda — which is emblematic of the increasing politicization of the commission, says David Dragics at the National Investor Relations Institute's Advocacy Committee.

  • Get Ready For Likely New Sanctions Against Russia

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    ​New sanctions against Russia​ ​will be a likely reaction to the military situation in Ukraine, so compliance professionals should review​ ​their current relationships and learn common red flags associated with Russian state-owned enterprises, oligarchs and senior officials, say Daniel Chirlin at Walden Macht, David Tannenbaum at Blackstone Compliance and Serge Masters at SDM.

  • Supervisor Relationships Are Key To Beating Atty Burnout

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    In order to combat record attorney turnover and high levels of burnout, law firm partners and leaders must build engaging relationships with supervisees, fostering autonomy and control, enabling expression of values, and building a sense of community and belonging, says Anne Brafford at the Institute for Well-Being in Law.

  • How New Laws Could Tighten FDA Regulation Of Cosmetics

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    Federal legislation on the use of perfluoroalkyl or polyfluoroalkyl substances and other ingredients in cosmetics has a good chance of passing this year, so companies should track policy developments, identify any PFAS ingredients in their cosmetic products, and prepare for possible new safety and reporting requirements, say attorneys at King & Spalding.

  • What Stablecoin Industry Can Expect From Congress In 2022

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    As congressional scrutiny of the crypto-asset industry grows, stablecoin issuers and exchanges should anticipate new legislative proposals and regulatory developments, as well as further inquiries and oversight action, from both parties in Congress this year, say attorneys at Debevoise.

  • The New Antitrust Agenda's Impact On Energy And Chemicals

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    The Biden administration's antitrust enforcers have already left their mark on the energy and chemicals industries, with longer and more frequent investigations, lower standards for second requests on mergers, and a wider range of concerns in merger reviews, say attorneys at V&E.

  • Opinion

    FTC Rulemaking Risks Expansion Of Unfair-Method Bounds

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    The Federal Trade Commission's plan to issue rules defining unfair methods of competition under Section 5 of the FTC Act arguably exceeds the commission's power, and isn't justified, because the current case-by-case approach to promoting competition through adjudication is preferable, says Sean Gates at Charis Lex.

  • Settlement Holds ERISA Lessons For Private Co. Directors

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    The U.S. Department of Labor’s recent settlement with Kurt Manufacturing board members and Reliance Trust illustrates potential consequences under the Employee Retirement Income Security Act for private company directors and fiduciaries who exercise too much influence over employee stock ownership plan transactions, says Carol Buckmann at Cohen & Buckmann.

  • What To Do As PFAS Food Packaging Phaseouts Approach

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    Attorneys at Hogan Lovells offer tips on compliance with the transition timeline for the federal phaseout of the chemicals known as PFAS from food packaging, the coming bans in California, New York, Maine, Vermont, Washington, Connecticut and Minnesota, and the states' differing definitions of packaging terms.

  • Germany's Google Controls Illustrate Global Antitrust Trend

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    Germany's recent move to rein in Google with extended restrictions on anti-competitive behavior provides an example of the new aggressive stance regulators around the world are adopting as tech giants grow their power in the digital economy, says Andrea Pomana at ADVANT Beiten.

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