Compliance

  • October 05, 2022

    After Banks' $1.8B Texting Fines, Who Will Feel Heat Next?

    Some of Wall Street's biggest banks have admitted to rampant employee use of private text messages and encrypted chats that kept their business conversations off the record. That'll cost those banks a pretty penny in fines, but who might face a reckoning with regulators next?

  • October 05, 2022

    DeFi Groups Push Back On How CFTC Served Suit

    Two decentralized finance advocacy groups have asked a California federal court to let them file amicus briefs in the U.S. Commodity Futures Trading Commission's suit against a ​​decentralized autonomous organization, arguing the agency shouldn't be allowed to serve the organization with legal papers through a chat box on the defendant's website.

  • October 05, 2022

    Proposed Drug Discounts Have Fraud Risks, Watchdog Says

    A health care nonprofit's proposed use of drugmaker funds to help Medicare beneficiaries afford pricey medications would hike drug costs for taxpayers and warrant sanctions under the Anti-Kickback Statute, a U.S. Department of Health and Human Services watchdog warned Wednesday.

  • October 05, 2022

    Barclays Hit With $2M FINRA Fine Over Best Execution Misfire

    Barclays Capital Inc. will pay a $2 million fine to the Financial Industry Regulatory Authority for allegedly failing to determine if routing all its customers' marketable orders through its own internal trading platform was the most efficient or cheapest way to fulfill them, the self-regulatory organization said Wednesday.

  • October 05, 2022

    GM Financial To Pay $3.5M Over Military Member Lease Flubs

    GM Financial agreed to pay more than $3.5 million to resolve claims it illegally repossessed vehicles owned by members of the military and mishandled service members' lease termination requests, the U.S. Department of Justice announced Wednesday.

  • October 05, 2022

    FDA Rule Will Wreck Small E-Cig Cos., Suit Says

    A group of companies that make liquids used in e-cigarettes has sued the U.S. Food and Drug Administration over a marketing and recordkeeping rule the companies say is overly difficult and would limit what they can market.

  • October 05, 2022

    CFPB, Mass. AG Rip Credit Repair Co.'s 'Harassing' Depo Bid

    The U.S. Consumer Financial Protection Bureau and the Massachusetts attorney general have asked a Boston federal judge to block a purported credit repair company from seeking new depositions in an enforcement case, arguing the company's requests are "untimely, unduly burdensome, harassing" and would prejudice the plaintiffs.

  • October 05, 2022

    Calif.'s Novel Privacy Moves May Dim Federal Law's Chances

    California recently boosted data privacy protections for children and employees and became the first state to put a price tag on compliance failures, setting a high bar that further complicates the long-running push to enact a uniform national standard. 

  • October 05, 2022

    Jury Convicts Ex-Uber Exec Of Obstruction Over 2016 Hack

    A California federal jury convicted Uber's former security chief Joseph Sullivan on Wednesday of criminal obstruction and concealment of a felony for hiding a massive 2016 data breach from authorities, crimes that could put the former federal prosecutor and cybersecurity expert behind bars for years.

  • October 05, 2022

    Challenges To HHS Surprise Billing Rule Consolidated

    A Texas federal judge has decided to combine two lawsuits challenging a surprise medical billing rule relating to an arbitration system for handling payment fights between out-of-network providers and health insurers.

  • October 05, 2022

    Group Wants To Warn FTC Over 'Fix' For Illumina's Grail Deal

    The American Antitrust Institute and a former antitrust official have asked to weigh in on a proposed fix floated by Illumina to resolve competition issues raised in the Federal Trade Commission's challenge to the $8 billion reacquisition of cancer testing outfit Grail Inc.

  • October 05, 2022

    Citigroup GC On Journey From Midwest To Wall Street

    Brent McIntosh became Citigroup Inc.'s general counsel after the most challenging period of his career helping the U.S. Treasury Department navigate the COVID-19 pandemic that threatened a global economic collapse — a challenge he never imagined he would have as a boy growing up in a small Midwest town. He recently spoke with Law360 Pulse about his career, cryptocurrency and the next big challenges for the banking industry.

  • October 05, 2022

    Telecom Group Urges Tougher Anti-Robocall Measures

    The Federal Communications Commission's partner that runs a private-sector effort to stop robocalls told the agency Monday that more changes should be made to strengthen technology used to fight scam calls.

  • October 05, 2022

    Holtzman Vogel Adds Ex-DeSantis Deputy GC In Tallahassee

    Holtzman Vogel Baran Torchinsky & Josefiak PLLC has picked up a former deputy general counsel to Florida Gov. Ron DeSantis as a senior associate in its Tallahassee office.

  • October 05, 2022

    Ex-Amazon Coder Avoids Prison For Capital One Data Breach

    A former Amazon.com coder who was convicted of compromising 100 million people's personal data in the 2019 Capital One breach received a sentence of five years probation and three years of house arrest Tuesday.

  • October 04, 2022

    Jury Rejects Claim UMiami Fired Exec To Bury Fraud Probe

    A Florida federal jury on Tuesday rejected a former University of Miami compliance officer's claims that he was terminated for his refusal to shut down an investigation into the school's practice of overcharging Medicare.

  • October 04, 2022

    Inside A Boutique's $900M FCA Deal, Its Latest Milestone Case

    A $900 million settlement of doctor-bribing allegations against Biogen shattered False Claims Act records and gave a boutique Boston firm its second history-making lawsuit under the FCA. The lead counsel for whistleblowers in each case spoke with Law360 about how the resolution could change the pharmaceutical industry's kickback culture, how his earlier suit improved drugmaker conduct, and how he built two of the FCA's seminal cases.

  • October 04, 2022

    UBS To Pay FINRA $2.5M Over Short-Selling Regs Violations

    The Financial Industry Regulatory Authority has fined investment bank UBS Securities LLC $2.5 million for failing to comply with regulations aimed at curtailing "potentially abusive" short-selling practices, FINRA said Tuesday.

  • October 04, 2022

    NY Fed Taps BlackRock's Managing Director For Next GC

    The Federal Reserve Bank of New York has named a managing director at multinational investment management company BlackRock as its new general counsel and head of the legal group, the New York Fed announced Monday.

  • October 04, 2022

    DC Circ. Questions States' Standing In Water Standards Case

    The D.C. Circuit on Tuesday challenged a group of states' standing to sue the U.S. Environmental Protection Agency for delaying a rule limiting copper and lead in drinking water, questioning the states' argument that being directly affected by the delay was enough to allow a suit.

  • October 04, 2022

    Patomak Picks Up Ex-CFPB Deputy From Alston & Bird

    Financial services consulting firm Patomak Global Partners has grown its banking supervision and regulation group, adding as a managing director the former deputy director of the Consumer Financial Protection Bureau.

  • October 04, 2022

    The CFTC Commish Who Wants Wrongdoers To Fess Up

    U.S. Commodity Futures Trading Commission member Christy Goldsmith Romero has become the lone voice calling for changes to the way the agency pursues settlements with alleged wrongdoers, but she told Law360 that she's determined to bring her fellow commissioners on board with her proposal to require more defendants to face the music and admit they broke the rules. 

  • October 04, 2022

    2nd Circ. Says Federal Safety Rule Applies To Walmart

    The Occupational Safety and Health Review Commission erred in ruling that Walmart didn't store its pallets in tiers when one fell and injured an employee, the Second Circuit ruled Tuesday, finding that a federal safety regulation on tiered storage does apply.

  • October 04, 2022

    FAA Sets 10-Hour Rest Break Rule For Flight Attendants

    The Federal Aviation Administration on Tuesday finalized a long-awaited rule requiring U.S. flight attendants to have at least 10 consecutive hours of rest between shifts, a bump up from the current nine-hour rest break rule.

  • October 04, 2022

    As Celebs Shill Crypto, SEC Aims To Be Ultimate Influencer

    Kim Kardashian's $1.26 million run-in with the U.S. Securities and Exchange Commission for touting the "crypto security" EthereumMax on Instagram without disclosing that she was a paid promoter sends a blaring warning to influencers that crypto promotion on social media is not immune from securities laws.

Expert Analysis

  • A Look At Recent Service Contract Act Compliance Challenges

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    Complying with the Service Contract Act and potential U.S. Department of Labor audits have grown tougher due to the rise of remote work and increasing inflation, but certain best practices can help manage compliance risks, say Eric Leonard and Craig Smith at Wiley.

  • Why DOJ's UnitedHealth Merger Loss Is Significant

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    The U.S. Department of Justice recently lost its bid to block the UnitedHealth-Change Healthcare merger, marking the government's latest failure to prove a vertical theory of competitive harm and demonstrating the possibilities of fix-it-first strategies and private equity funds as divestiture buyers, say attorneys at Paul Weiss.

  • Limiting The Scope Of Representation Is Critical For Lawyers

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    A Mississippi federal court's recent decision in Kee v. Howard L. Nations PC highlights the importance of well-written engagement letters, and shows why it is vital for attorneys to specify exactly which services they intend to supply, says Ronald Levine at Herrick Feinstein.

  • Marketing Takeaways From FTC Dark Patterns Report

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    The Federal Trade Commission's recent report on dark patterns — advertising practices that manipulate consumer choice — doesn't offer clarity on what tactics are automatically considered unlawful, but it does provide some insights that may help marketers avoid violating the FTC Act, say Daniel Kaufman and Randal Shaheen at BakerHostetler.

  • 2 Illinois Cases Poised To Shape BIPA Litigation Landscape

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    The Illinois Supreme Court's anticipated rulings in Tims v. Black Horse and Cothron v. White Castle could alter the outlook for Biometric Information Privacy Act litigation, putting an end to companies' and insurers' willingness to pour money into expensive settlements, say Pamela Signorello and Megan Brown at Wiley.

  • A Best Practices Refresher On Consumer Product Reviews

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    The Federal Trade Commission recently proposed updates to its guidance on endorsements and testimonials in advertising, serving as a reminder for online platform operators to review the Consumer Review Fairness Act and practice transparency when procuring, organizing or editing consumer reviews, say Slaven Jesic and Keith Moulsdale at Whiteford Taylor.

  • What EPA's Interim PFAS Standards Mean For Water Suppliers

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    The U.S. Environmental Protection Agency's recent announcement of significantly lower interim health advisory levels for four per- and polyfluoroalkyl substances may mean new obligations for municipal water and wastewater treatment plant operators — but the availability of public funds for controlling PFAS threats is good news, say Timothy Bergère and Zach Beach at Armstrong Teasdale.

  • Whistleblowers Will Be Key To Curbing Cannabis Fraud In NY

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    As New York begins accepting license applications for its legal marijuana market, qui tam suits brought by whistleblowers under the New York False Claims Act will be a valuable tool for safeguarding the integrity of the developing industry, especially with regard to combating tax fraud, say Max Rodriguez and Sidney Cobb at Pollock Cohen.

  • Latest Ripple Development Highlights SEC's Crypto Approach

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    As U.S. Securities and Exchange Commission v. Ripple faces summary judgment, the SEC's aggressive positioning on digital asset regulation comes in contrast to the coin provider’s significant concerns over the comprehensive application of federal securities laws to diverse digital offerings, say Katherine Stoller and John Nathanson at Shearman.

  • Coordinated Efforts Signal Major Robocall Enforcement Shift

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    A recent increase in coordinated federal and state enforcement activity addressing illegal robocalls, combined with rapid traceback capabilities, should alert voice providers to remain cognizant of this new paradigm and consider steps to affirmatively avoid enforcement exposure, say Kevin Rupy and Kathleen Scott at Wiley.

  • Fine Over Bank Texts Signals Books, Records Crackdown

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    Federal securities regulators' recent $1.8 billion settlement with 15 broker-dealers and an investment adviser for failing to preserve employees' communications on unauthorized messaging apps demonstrates heightened regulatory focus on books and records requirements, and highlights compliance considerations for financial institutions, say attorneys at Ropes & Gray.

  • Preparing Your AI Regulatory Compliance Program For 2023

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    With new legislation governing automated decision making and artificial intelligence coming into effect next year in multiple states and countries, U.S. companies developing, selling, procuring or using these systems may need to build out certain compliance practices from scratch, say Peter Schildkraut and Jami Vibbert at Arnold & Porter.

  • What Calif. Employers Should Know About Privacy Rights Act

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    With the California Privacy Rights Act coming into effect on Jan. 1, now is the time for employers to complete a data map of the employee personal information collected internally and by vendors, update technology policies, and ensure a clear understanding of the law’s consumer rights provisions, say Liz Harding and Christina Hernandez-Torres at Polsinelli.

  • Employer Haziness Lingers After NJ's Cannabis Guidance

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    New Jersey’s recently released guidance on screening workers for cannabis neglects to answer several key questions, from training for employee experts to scientific standards for impairment tests, but employers can still take certain steps toward compliance, says Eric Meyer at FisherBroyles.

  • No-Poach Plea Hiccups Point To DOJ's Unsound Theory

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    After a series of setbacks, the U.S. Department of Justice could soon obtain its first no-poach conviction, but complications in a recent change-of-plea hearing demonstrate that the government’s problems may continue as long as it incorrectly insists that labor cases are the same as any other antitrust conspiracy, say Mark Butscha and Matthew Ridings at Thompson Hine.

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