Compliance

  • May 22, 2024

    Calif. Justices Debate Time To Sue To Change Insurer's Practices

    A California state attorney urged the California Supreme Court on Thursday to revive a policyholder's Unfair Competition Law claim against State Farm, saying the law's four-year statute of limitation applies over an insurance law's one-year period because the policyholder is seeking a change to its claim-handling practices, not damages.

  • May 22, 2024

    Founders Of BP's Archaea Looted From Own Co., Suit Says

    A group of fraternity brothers who founded waste management company Noble Environmental Inc. and later sold a venture called Archaea Energy to BP has been hit with a shareholder derivative suit in Delaware Chancery Court alleging the fraternity brothers stole billions of dollars from the company and breached their fiduciary duties to minority shareholders.

  • May 22, 2024

    US House Passes Crypto Bill Over SEC, White House Dissent

    The U.S. House of Representatives on Wednesday passed a Republican-led framework to regulate digital assets despite pushback from many Democrats, the U.S. Securities and Exchange Commission and the White House, which questioned whether the bill will actually provide the clarity it promises.

  • May 22, 2024

    China Sanctions 12 US Defense Firms For Taiwan Arms Sales

    China announced on Wednesday that it has issued sanctions against units of a dozen U.S. defense firms, including Lockheed Martin and Raytheon, plus several executives over sales of military weaponry and arms to Taiwan, three days after it sanctioned units of Boeing and General Atomics for similar reasons.

  • May 22, 2024

    Ex-FTX Exec Deserves Up To 7 Years For Fraud, Feds Say

    Federal prosecutors have told a New York federal judge they are seeking a five- to seven-year prison sentence for former FTX executive Ryan Salame, arguing that his campaign finance offense "is one of the largest-ever in American history."

  • May 22, 2024

    Ex-Citi Exec Says She Was Asked To Lie To OCC

    A former Citibank NA managing director hired to bring the bank into compliance with regulatory obligations has accused the bank and its chief operating officer of wrongful termination and retaliation in a suit Wednesday, alleging she was fired for not reporting false information to authorities.

  • May 23, 2024

    Sunsetting Section 230 Gains Traction On Both Sides Of Aisle

    Everyone at Wednesday's House subcommittee hearing, from left to right, seemed to agree that it's time to ditch the Communications Decency Act's hotly contested Section 230, which shields online platforms from liability for content posted by third parties.

  • May 22, 2024

    ATM Plaintiffs Must Share New Data In Visa, Mastercard Suit

    A D.C. federal judge ordered ATM operator plaintiffs on Wednesday to turn over updated data showing average interchange fees and transaction surcharges at the center of a discovery dispute in their long-running class action against Visa and Mastercard, telling the plaintiffs that she wanted to err on the side of "liberal discovery."

  • May 22, 2024

    Antitrust Judge Questions Apple's Phil Schiller On New Fees

    A California federal judge deciding whether Apple has complied with her ban on App Store anti-steering rules questioned Apple fellow Phil Schiller on Wednesday on Apple's new program imposing 27% fees on out-of-app transactions, saying "all the new program does is maintain the anti-competitive environment" for the company's benefit.

  • May 22, 2024

    Binance.US Beats Fla. Regulator's Suspension Order

    A Florida state appeals court agreed with Binance.US on Wednesday that the state's financial regulator shouldn't have denied the cryptocurrency exchange the ability to do business in the state after its affiliate and founder pled guilty last year, and that the agency didn't follow proper procedure in blocking Binance's operations.

  • May 22, 2024

    DC Judge Ships CFTC Election Betting Suit Back To Texas

    A federal judge in the District of Columbia said Wednesday that a case challenging a Commodity Futures Trading Commission ban on an elections betting platform should never have been sent to her court, shipping the lawsuit back to Texas over the objections of the agency.

  • May 22, 2024

    Justices' CFPB Alliance May Save SEC Courts, Not Chevron

    A four-justice concurrence to the U.S. Supreme Court's decision upholding the Consumer Financial Protection Bureau's unique funding scheme last week carries implications for other cases pending before the court that challenge the so-called administrative state, or the permanent cadre of regulatory agencies and career government enforcers who hold sway over vast swaths of American economic life.

  • May 22, 2024

    Wells Fargo Tries 2 Tactics To Get Overdraft Fee Suit Bounced

    Wells Fargo is arguing to a South Dakota federal judge that customers suing as a potential class fully knew they were subject to penalties when they bounced checks, and that an arbitration clause obligates them to handle disputes outside court.

  • May 22, 2024

    Accepting Price-Fix Tech Invite Can Be Enough: DOJ Official

    An advisor to the Justice Department's top competition official continued to argue Wednesday that signing onto a price setting algorithm can be enough to trigger antitrust liability if the program was billed as fixing prices.

  • May 22, 2024

    FCC Weighs Requiring AI Disclosures In Political Ads

    The Federal Communications Commission will soon decide if it needs new rules requiring disclosure of content generated with artificial intelligence in radio and TV political ads.

  • May 22, 2024

    Archegos Exec Says Founder Didn't Direct Him To Lie

    The former director of risk management for Archegos told a Manhattan federal jury on Wednesday that the collapsed hedge fund's founder never instructed him to lie to banks in order to finance trading activity, as a defense lawyer sought to poke holes in the government's fraud case.

  • May 22, 2024

    Doc Gets 3 Mos. For Alexion Trades Despite 'Meaningful Job'

    A doctor was sentenced to three months in prison Wednesday for insider trading on an Alexion Pharmaceuticals acquisition, with a Manhattan federal judge saying the defendant's treatment of critically ill, underserved kidney disease patients does not amount to a "get out of jail free card."

  • May 22, 2024

    MilliporeSigma Avoids Charges As DOJ Extols Self-Disclosure

    Life sciences firm MilliporeSigma won’t face charges over the illegal exportation of products to China, in what the Justice Department said Wednesday was the first time its National Security Division had declined prosecution under a policy intended to encourage companies to voluntarily disclose wrongdoing,

  • May 22, 2024

    'Pump-And-Dump' Claims Sputter In 'Disorganized' RICO Suit

    A Michigan federal judge on Tuesday freed multiple defendants accused of funding a "pump-and-dump" scheme, saying a company suing over shareholders' alleged $3 million losses couldn't prove that the defendants made any plans together, while taking jabs at both sides' "disorganized" filings.

  • May 22, 2024

    SC Gov. Signs Earned Wage Access Bill Into Law

    South Carolina has become the fifth state to approve a new law governing so-called earned wage access products, which provide workers with cash advances, as the Palmetto State joins Nevada, Missouri, Wisconsin and Kansas in regulating the products.

  • May 22, 2024

    EPA Urges Justices To Keep Ozone Fight In DC Circ.

    The U.S. Environmental Protection Agency on Tuesday urged the Supreme Court to keep seven consolidated challenges to the EPA's decision disapproving Utah's and Oklahoma's air quality plans in the D.C. Circuit.

  • May 22, 2024

    NY Federal Reserve Associate GC Rejoins Covington

    A former Covington & Burling LLP associate who left the firm 13 years ago to join the Federal Reserve Bank of New York has returned to work as of counsel, the firm announced Tuesday.

  • May 22, 2024

    Oil Tanker Operators To Pay $2M For Dumping Oil From Ship

    The operators of the motor tanker PS Dream pled guilty in Louisiana federal court as part of a $2 million plea deal with the U.S. Department of Justice that includes four years of probation, after a whistleblower shared a video of oil being deliberately pumped overboard in January 2023.

  • May 22, 2024

    NYSE Parent Agrees To $10M SEC Fine Over Cyber Breach

    The U.S. Securities and Exchange Commission announced Wednesday that the Intercontinental Exchange Inc. has agreed to pay $10 million to settle allegations that it failed to timely report a data breach that impacted the New York Stock Exchange and eight other subsidiaries.

  • May 22, 2024

    CFPB Says Some Credit Card Standards Apply To BNPL Firms

    The Consumer Financial Protection Bureau said Wednesday that shoppers using buy-now, pay-later products are covered by some of the same federal safeguards as those that apply to traditional credit cards, issuing the agency's first-ever guidance directed at this fintech-heavy field of financing.

Expert Analysis

  • How New SEC Rule May Turn DeFi Participants Into 'Dealers'

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    The U.S. Securities and Exchange Commission recently announced a new rule to amend its definition of a securities "dealer," but the change could have concerning implications for decentralized finance and blockchain, as the SEC has suggested it may subject DeFi participants to registration requirements and other regulations, say attorneys at DLA Piper.

  • What Texas Employers Should Know After PWFA Ruling

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    After a Texas federal judge recently enjoined federal agencies from enforcing the Pregnant Workers Fairness Act against the state of Texas, all employers must still remain sensitive to local, state and federal protections for pregnant workers, and proactive in their approach to pregnancy-related accommodations, says Maritza Sanchez at Phelps Dunbar.

  • Opinion

    Judicial Independence Is Imperative This Election Year

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    As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.

  • How Harsher Penalties For AI Crimes May Work In Practice

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    With recent pronouncements from the U.S. Department of Justice that prosecutors may seek sentencing enhancements for crimes committed using artificial intelligence, defense counsel should understand how the sentencing guidelines and statutory factors will come into play, says Jennie VonCannon at Crowell & Moring.

  • 2nd Circ.'s Binance Locus Test Adds Risk For Blockchain Cos.

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    The Second Circuit’s recent use of the irrevocable liability test to rule a class action may proceed against decentralized crypto exchange Binance heightens the possibility that other blockchain-based businesses with domestic customers and digital infrastructure will find themselves subject to U.S. securities laws, say attorneys at Holland & Knight.

  • Legal Issues When Training AI On Previously Collected Data

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    Following the Federal Trade Commission's recent guidance about the use of customer data to train artificial intelligence models, companies should carefully think through their terms of service and privacy policies and be cautious when changing them to permit new uses of previously collected data, says James Gatto at Sheppard Mullin.

  • Protested CFPB Supervisory Order Reveals Process, Priorities

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    The Consumer Financial Protection Bureau’s order announcing its first use of special oversight power to place installment lender World Acceptance Corp. under supervision despite resistance from the company provides valuable insight into which products and practices may draw bureau scrutiny, and illuminates important nuances of the risk assessment procedures, say Josh Kotin and Michelle Rogers at Cooley.

  • Document Retention Best Practices To Lower Litigation Risks

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    As new technologies emerge and terabytes of data can be within the purview of a single discovery request, businesses small and large should take four document management steps to effectively minimize risks of litigation and discovery sanctions long before litigation ensues, says Kimbrilee Weber at Norris McLaughlin.

  • Series

    Riding My Peloton Bike Makes Me A Better Lawyer

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    Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.

  • The Challenges SEC's Climate Disclosure Rule May Face

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    Attorneys at Debevoise examine potential legal challenges to the U.S. Securities and Exchange Commission's new climate-related disclosure rule — against which nine suits have already been filed — including arguments under the Administrative Procedure Act, the major questions doctrine, the First Amendment and the nondelegation doctrine.

  • Tips For Healthcare M&A Amid Heightened Antitrust Scrutiny

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    As the Biden administration maintains its aggressive approach to antitrust merger enforcement, prudent healthcare M&A counsel will consider practical advice when contemplating their next transaction, including carefully selecting a merger partner and preparing for a potentially long waiting period prior to closing, say attorneys at Davis Wright.

  • New Eagle Take Permit Rule Should Help Wind Projects Soar

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    The U.S. Fish and Wildlife Service's recently issued final rule revising the eagle take permit process should help wind energy developers obtain incidental take permits through a more transparent and expedited process, and mitigate the risk of improper take penalties faced by wind projects, says Jon Micah Goeller at Husch Blackwell.

  • Compliance Steps After ABA White Collar Crime Conference

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    Senior law enforcement officials’ statements this month at the American Bar Association's white collar crime conference suggest government enforcement efforts this year will increasingly focus on whistleblower incentives, artificial intelligence and data protection, and companies will need to update their compliance programs accordingly, say attorneys at Baker McKenzie.

  • Investment Advisers Should Prep For Money Laundering Regs

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    Investment advisers should prepare for a Financial Crimes Enforcement Network proposed rule that would significantly expand anti-money laundering and counter-financing of terrorism obligations by assessing illicit financing risks, and expect examiners to scrutinize unregistered advisers and those with certain foreign clients, say attorneys at Paul Weiss.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

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