Compliance

  • October 29, 2020

    2 More Ex-EBay Workers Cop To Cyberstalking Charges

    Two more former eBay workers on Thursday admitted to participating in a cyberstalking scheme to harass a Massachusetts couple who ran an e-commerce blog, bringing to five the number of defendants in the case who have entered guilty pleas.

  • October 29, 2020

    $10M SEC Whistleblower Award Follows Record Year

    The U.S. Securities and Exchange Commission on Thursday announced its latest whistleblower award for upwards of $10 million on the heels of a fiscal year that saw record whistleblower payouts and in the wake of the regulator's record-shattering biggest payment ever.

  • October 29, 2020

    Pa. College Dodges Claims Over Student's Medical Pot Use

    A Pennsylvania appeals court ruled on Thursday that the state law legalizing medical cannabis did not shield a nursing student from her community college's zero-tolerance drug policy.

  • October 29, 2020

    CFTC Spells Out Staff Procedure For Fine Reductions

    The U.S. Commodity Futures Trading Commission issued a memo to its enforcement division staff Thursday detailing the scenarios used to recommend reduced fines when firms cooperate, the latest effort the commission says will provide more transparency in its examinations and enforcement actions. 

  • October 29, 2020

    DOJ, Medtronic Agree To $9M Deal Over Restaurant Kickbacks

    Medtronic USA Inc. agreed Thursday to fork over $9 million to the federal government to settle allegations that the medical device maker participated in a decade-long scheme to funnel kickbacks to a neurosurgeon by footing the bill for lavish events at the Brazilian restaurant he owns.

  • October 29, 2020

    IRS Floats Rule Allowing Housing Credits For Poorer Tenants

    Affordable housing properties developed using the low-income housing tax credit would be available to poorer residents under a modified income averaging system outlined in proposed guidance released Thursday by the Internal Revenue Service.

  • October 29, 2020

    Legal Chiefs See Compliance Warning In Goldman FCPA Case

    Goldman Sachs' record FCPA settlement for its role in a $1.6 billion bribery scheme should serve as an example of what happens when red flags by a company's compliance department are ignored, while also underscoring the need for better training and more resources for the compliance team.

  • October 29, 2020

    Unions Sue OSHA For Rule Protecting Health Care Workers

    A coalition of nurses' and teachers' unions asked the Ninth Circuit on Thursday to make the U.S. Department of Labor move forward with a long-delayed rule to protect health care workers from infectious diseases as U.S. coronavirus cases surge.

  • October 29, 2020

    FCC To Make Top 100 Markets Provide Audio Description

    The Federal Communications Commission has said it will begin requiring broadcast stations in the country's top 100 markets to start following its rules for audio description, in a bid to make programming more accessible to blind and visually impaired people.

  • October 29, 2020

    How The Election Might Affect Antitrust On Capitol Hill

    With the 2020 vote count imminent and possession of the White House in the balance, antitrust professionals are keeping a close eye on how the outcome will affect leadership at the competition agencies and the priorities of the administration and Congress.

  • October 29, 2020

    NY Banks, Financial Firms Urged To Prep For Climate Risks

    New York's Department of Financial Services issued guidance on Thursday saying that banks, cryptocurrency companies and other financial institutions under its oversight need to begin preparing for the financial impacts of climate change, becoming the first banking regulator in the U.S. to lay out such risk management expectations.

  • October 29, 2020

    FTC Says Shkreli Can't Relitigate Authority Challenge

    The Federal Trade Commission and several state attorneys general continue to argue that incarcerated "Pharma Bro" Martin Shkreli should be blocked from arguing that they lack the authority to sue him on charges of monopolizing sales of the anti-parasitic drug Daraprim.

  • October 29, 2020

    Court Says LA Sewer Workers Can't Get Rest, Meal Breaks

    Workers who clean the Los Angeles sewer system do not qualify as transportation workers entitled to rest and meal breaks under California regulations because transportation is not the primary purpose of the agency that employs them, a state appeals court has ruled.

  • October 29, 2020

    Green Groups Say EPA Far Behind On Industrial Flaring Rules

    A coalition of environmental groups have followed through on their promise to sue the U.S. Environmental Protection Agency for failing to update pollution standards for industrial flares as required under the Clean Air Act obligation, launching a suit in D.C. federal court Thursday.

  • October 28, 2020

    SEC Cyber Chief And Ex-SEC Atty Spar Over Crypto Guidance

    The chief of the U.S. Securities and Exchange Commission's cyber unit and an ex-SEC enforcement attorney offered starkly different assessments regarding the agency's effectiveness in regulating cryptocurrency on Wednesday, highlighting the tension between the agency and the crypto industry.

  • October 28, 2020

    How The Election Will Affect The Federal Privacy Law Fight

    Federal lawmakers have long struggled to craft privacy legislation that would dictate how companies use and share personal information, but if one party is able to control Congress and the presidency in this year's election, the prospects for a national standard are likely to increase significantly.

  • October 28, 2020

    NYSE Exec, Ex-Weil Partner Taking VC Crypto Regulatory Role

    Anthony Albanese, currently the chief regulatory officer of the New York Stock Exchange, is heading to venture capital firm Andreessen Horowitz where he will work on cryptocurrency regulation matters, the company announced on Wednesday.

  • October 28, 2020

    'Hug Your Whistleblower,' Former SEC Attorneys Advise

    Attorneys speaking at a panel on the success of the U.S. Securities and Exchange Commission's whistleblower program, which just closed a record year before landing its largest bounty ever, had plenty of advice on Wednesday with an overarching message: "Hug your whistleblower."

  • October 28, 2020

    SoFi Clears Initial OCC Hurdle In Quest To Launch Bank

    The Office of the Comptroller of the Currency said Wednesday that it has granted conditional approval to Social Finance Inc.'s application for a full-service national bank charter, moving the online lender one step closer to launching SoFi Bank NA.

  • October 28, 2020

    Linde Reaches $10M Settlement Over NJ Superfund Site

    Multinational chemical company Linde Inc. agreed Wednesday to pay $10 million for cleanup costs incurred by the U.S. government at a New Jersey Superfund site where chemical manufacturing allegedly left behind hazardous chemicals including mercury polychlorinated biphenyls, or PCBs.

  • October 28, 2020

    SEC Says Chicago Suburb Not Honoring Bond Fraud Deal

    The U.S. Securities and Exchange Commission asked an Illinois federal judge Tuesday to enforce a judgment requiring a Chicago suburb to beef up its controls and financial reporting oversight, saying it hasn't adequately done so nearly five years after an independent consultant first made recommendations.

  • October 28, 2020

    Big Tech Execs Say They're Open To More Transparency Rules

    The chief executives of Twitter, Facebook and Google told lawmakers Wednesday that they're willing to submit to more transparency requirements for how they moderate user-posted content, but divergent concerns expressed by Democrats and Republicans demonstrated that a unified plan for reform is a long way off.

  • October 28, 2020

    SEC Settles Suit Over Allegedly Misleading COVID-19 Claims

    The U.S. Securities and Exchange Commission has reached a tentative deal to settle its suit in New York federal court accusing a company of making misleading statements about the availability of at-home COVID-19 tests.

  • October 28, 2020

    Split SEC Will Allow Funds To Expand Derivatives Use

    A divided U.S. Securities and Exchange Commission on Wednesday approved a rule that would regulate how mutual funds and other investment companies use risky derivatives to boost returns, seeking to replace a patchwork system with concrete standards.

  • October 28, 2020

    Pharmacies Sue FDA Over Compounded Drug Agreements

    A group of pharmacies has accused the U.S. Food and Drug Administration of exceeding its authority by developing new agreements with states that upend long-standing regulations on compounding pharmacies, a move the group says will limit interstate commerce and add burdensome reporting requirements.

Expert Analysis

  • Decoupling From China: Part 2 — Security Requirements

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    Attorneys at WilmerHale discuss security requirements and export controls protecting U.S. technologies and supply chains, and the potential impact efforts to separate the U.S. and Chinese economies could have on international trade.

  • Volcker Rule's VC Changes Will Support Underserved Regions

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    Expected changes to the Volcker Rule will permit banks to invest in small and emerging venture capital funds, which could close the gap in financing for startups and small businesses outside the major investment hubs, says Lindsay Karas Stencel at Thompson Hine.

  • Persuasion Skills Attys Can Learn From Political Speeches

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    The tools of powerful political speeches — those with soaring rhetoric that convinces and moves listeners — can be equally applicable to oral advocacy, case strategy and brief writing, say Lauren Papenhausen and Julian Canzoneri at White & Case and former presidential speech writer Dave Cavell.

  • Decoupling From China: Part 1 — Legislation And Funding

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    Attorneys at WilmerHale consider how federal funding and the Committee on Foreign Investment in the United States' expanded authority are advancing the national imperative to end U.S. dependence on China for strategically important materials, components and products.

  • Opinion

    Courts, Regulators Should Limit Excessive Privacy Penalties

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    Courts and regulators should embrace Federal Trade Commission member Noah Phillips’ opposition to the agency’s recent $4 million penalty against a mobile game developer for alleged child privacy violations and refrain from seeking penalties disproportionate to the harm caused, say attorneys at Orrick.

  • Opinion

    Reflections On My 1st Judicial Election Amid Racial Tensions

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    Former Georgia Supreme Court Chief Justice Robert Benham looks back at the racial barriers facing his first judicial campaign in 1984, and explains how those experiences shaped his decades on the bench, why judges should refrain from taking political stances, and why he was an early supporter of therapeutic courts that deal with systemic problems.

  • Series

    AGs In A Pandemic: Ellison Talks Minnesota Housing

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    Minnesota Attorney General Keith Ellison explains how helping people afford their lives — and live with dignity, safety and respect — during the COVID-19 pandemic has meant protecting tenants from eviction, going after scammers and profiteers, and taking action against wage theft.

  • Weighing Litigation Vs. Arbitration Amid Court Disruptions

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    Parties must determine whether arbitration is better than litigation for their disputes amid pandemic-induced court delays by answering five key questions and understanding the importance of a clearly tailored arbitration clause, say attorneys at Goodwin.

  • Defensive Strategies For High-Net-Worth Individual Tax Audits

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    When representing high-net-worth individuals in a tax audit, defensive strategies that cooperate with the examiner and respond to government requests should reflect the overarching goal of preserving client objections, privileges, limitations periods and any other rights in case there is future litigation, says Patrick McCann at Chamberlain Hrdlicka.

  • How Attys Can Guard Against Rising Settle-And-Sue Claims

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    Certain precautions can help lawyers avoid post-settlement malpractice claims and create a solid evidentiary defense, as settle-and-sue lawsuits rise amid pandemic-induced dispute settlements, say Bethany Kristovich and Jeremy Beecher at Munger Tolles.

  • Canadian Tax Ruling Signals Cross-Border Structure Security

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    After the Tax Court of Canada's recent ruling in AgraCity v. The Queen that the company's arm's-length tax arrangements with a foreign subsidiary were legitimate, and a similar result in a different matter, Canadian taxpayers can have confidence that their cross-border related party transaction structures will be upheld, says Matt Billings at Duff & Phelps.

  • 5 Areas SEC 'Finders' Proposal Needs More Clarity

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    A recent U.S. Securities and Exchange Commission proposal provides a welcome carveout that allows "finders" to connect issuers with investors without registering as brokers, but questions remain around the exemptive order's scope, and how it would interact with other state and federal securities law requirements, say attorneys at Goodwin.

  • An Employer's Guide To Addressing Workplace Diversity

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    As recent social justice movements spotlight long-standing racial inequities in the workplace and beyond, companies must consider their compliance obligations when engaging employees in constructive dialogues and taking actions to diversify their workforces, say attorneys at Proskauer.

  • Law Firm Tips For Attracting, Retaining Attys During Pandemic

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    Steps law firms can take to attract and keep the best lawyers amid the pandemic include diversifying expertise to meet anticipated legal demands, prioritizing firm culture, and preparing for prospective partners' pointed questions, says Brian Burlant at Major Lindsey.

  • Employer Compliance Reminders As FCRA Class Actions Rise

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    Contrary to predictions of a slowdown following the U.S. Supreme Court’s 2016 Spokeo ruling, Fair Credit Reporting Act class actions targeting the hiring process are accelerating under new theories of liability, but employers can avoid becoming a target with routine form audits and background check vendor scrutiny, say attorneys at Hunton.

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