Expert Analysis

• Lessons For Banks From Recent FCA Enforcement Trends

  

  While government relief programs rely on financial institutions in times of economic uncertainty, recent enforcement shows that a government partnership may not protect banks from liability involving False Claims Act missteps, say attorneys at O'Melveny.

• A Changing Road Map For Trucking Fatigue Litigation

  

  Trucking fatigue is undergoing a quiet but substantial transition, as juries expect an affirmative duty by the motor carrier to keep the public safe and emerging technology increases carrier accountability, says John Thomas at Farah & Farah.

• Foot Locker Fine Illustrates SEC's Whistleblower Priorities

  

  The U.S. Securities and Exchange Commission's recent fining of Foot Locker for its separation agreements is a reminder that the commission remains serious about maintaining open channels for reporting whistleblower concerns and that provisions can violate Rule 21F-17(a) without specifically barring communications with the SEC, says Jonathan Richman at Brown Rudnick.

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  The Biz Court Digest: Shoring Up Corporate Law In Maryland

  

  Launched more than 20 years ago to improve complex corporate adjudication, Maryland's Business and Technology Case Management Program has been a solid success in some areas, but there always is room for improvement, says Bill Krulak at Miles & Stockbridge.

• How End Of SEC 'Gag Rule' Affects Free Speech Certiorari Bid

  

  The Securities and Exchange Commission's recent rescission of the so-called gag rule, which forbade defendants in settlements from denying the SEC’s allegations, may sway the outcome of a petition to the Supreme Court in a case challenging the rule on First Amendment grounds, say attorneys at Troutman.

• Contract Disputes Recap: The Right Argument, The Right Time

  

  Three recent decisions from the Federal Circuit and the U.S. Court of Federal Claims together reinforce the importance in government contract disputes of preserving issues early, presenting claims clearly and raising all relevant arguments in the first case, say attorneys at Seyfarth.

• FDA's Chemical Review Process Heats Up Food Industry Risk

  

  The U.S. Food and Drug Administration's newly announced process for postmarket assessment of food additives signals a significant shift away from historically limited oversight, introducing both strategic opportunities and material risks for food manufacturers, ingredient suppliers and others in the food supply chain, say attorneys at Morgan Lewis.

• Banks Should Reassess Warehouse Lines Amid Credit Stress

  

  Growing stress in private credit markets means banks with warehouse lines to nonbank lenders should inventory exposures, revisit covenants and prepare for tougher regulator scrutiny, as repayment strains and weakening fund liquidity could turn seemingly indirect risks into material compliance concerns, say attorneys at Barack Ferrazzano.

• Perfectus Settlement Illuminates DOJ's Tariff Fraud Strategy

  

  The Department of Justice's recent False Claims Act settlement with Perfectus Aluminum illustrates the government's continuing interagency focus on customs and tariff enforcement, and the related criminal indictment provides insight into conduct enforcers may associate with tariff evasion schemes, say attorneys at Morgan Lewis.

• 7 Ways Va. Employers Can Prep For New Noncompete Limits

  

  As of July 1, Virginia noncompete agreements with employees fired without "cause" must provide "severance benefits" — but with those key terms undefined, employers should implement several flexible but defensible compliance strategies to limit their exposure once the rule is rolled out, say attorneys at Cooley.

• Data Collection Push Signals New Era For Bank Compliance

  

  An executive order pushing for broad bank collection of beneficiary data and a Financial Crimes Enforcement Network geographic targeting order in Minnesota should prompt financial institutions to run checks on customer diligence and privacy controls, as these directives may be part of a wider compliance shift, say attorneys at Faegre Drinker.

• Citron Founder Verdict Tests Reach Of 'Half-Truth' Fraud

  

  A California federal jury's conviction this week of Citron founder Andrew Left may be remembered less as a conventional manipulation prosecution than as a case about how far the "half-truth" doctrine can reach when applied to modern market speech, says Elisha Kobre at Sheppard.

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  Competing At Poker Makes Me A Better Lawyer

  

  Playing poker in male-dominated rooms taught me to treat skepticism as background noise when my opponents seem to underestimate me, to apply pressure when it matters and to adapt without losing strategic discipline — skills that are all indispensable in restructuring and insolvency matters, says Alexis Gambale at Pashman Stein.

• FTC Sweep Signals Increased 'Made In USA' Claim Scrutiny

  

  After the Federal Trade Commission's recent enforcement sweep targeting allegedly deceptive "Made in USA" claims, companies should expect continued scrutiny of both traditional and digital marketing channels, coupled with sustained focus on supply chain transparency and claim substantiation, say attorneys at Morgan Lewis.

• Private Lender Verification Lessons From Recent Fraud Cases

  

  Recent fraud allegations involving private credit borrowers raise compliance red flags for lenders, who must recognize that financial and collateral verification is an essential safeguard as failures in underwriting and monitoring infect the broader market, say Michael Bresnick at Venable and Brian Mich at Control Risks Group.