Compliance

  • June 12, 2024

    Miss. Social Media Age Law Faces Free-Speech Challenge

    Mississippi is the latest state to enact a law that requires social media companies to verify the age of all users, but a challenge seeking to block that law from taking effect is already on the docket in federal court with a preliminary injunction hearing slated for this month.

  • June 12, 2024

    Lumen Board Faces Investor Suit Over Lead Cable Liability

    The board members of Louisiana-headquartered telecommunications company Lumen Technologies Inc. face a shareholder derivative suit alleging they breached their fiduciary duties following revelations about, and subsequent scrutiny of, lead components of the company's physical cable networks.

  • June 12, 2024

    'Natural' Toothpaste Brand Loaded With PFAS, Moms Say

    Natural toothpaste company RiseWell LLC falsely advertised its kids toothpaste as "natural" and "safe to swallow," two mothers alleged Tuesday in a proposed class action, saying a U.S. Department of Defense-certified laboratory test found 750 times more "forever chemicals" in the toothpaste than researchers found in heavily tainted kale.

  • June 12, 2024

    FTC Asks 4th Circ. To Pause Novant Hospital Purchase

    The Federal Trade Commission has asked the Fourth Circuit to pause Novant Health's purchase of a North Carolina hospital while enforcers appeal an order from the lower court that refused to put the deal on hold for the commission's in-house merger challenge.

  • June 12, 2024

    Conn. Eatery Owners Threatened To Kill Ex-Worker, DOL Says

    A Connecticut restaurant group and its leaders ordered workers to lie to federal investigators during a wage and hour probe and threatened to kill an ex-worker for helping the U.S. Department of Labor, the agency said in a complaint filed in federal court.

  • June 12, 2024

    Ex-WWE Employee's Sex Abuse Suit Paused For 6 Months

    A former World Wrestling Entertainment Inc. legal staffer's sexual abuse and trafficking lawsuit against the company, WWE founder Vince McMahon and a former executive will remain paused until December, a Connecticut federal judge ordered, about two weeks after a prosecutor entered an appearance in the case.

  • June 12, 2024

    Freshfields Adds Ex-Kirkland, Davis Polk Attys In New York

    Freshfields Bruckhaus Deringer LLP bolstered its corporate offerings in New York this week with M&A partner Joshua Ayal and capital markets partner Jacqueline Marino.

  • June 12, 2024

    Terraform To Settle With SEC For $4.5B After Fraud Trial

    Crypto firm Terraform Labs has agreed to a $4.47 billion settlement with the U.S. Securities and Exchange Commission after a Manhattan jury found the firm and its founder Do Kwon liable for fraud in April.

  • June 12, 2024

    Sen. Dems Seek Criminal Penalties For PE Hospital 'Looters'

    A pair of Democratic senators are targeting private equity's role in the healthcare industry, introducing new legislation Tuesday that would give federal and state enforcers new tools to go after firms they say are "looting" hospital systems and other providers, including possibly jailing executives if patient deaths result.

  • June 12, 2024

    EPA Urges DC Circ. To Uphold Chemical Rule Deadline

    The U.S. Environmental Protection Agency on Tuesday asked the D.C. Circuit to reject a Louisiana-based neoprene manufacturer's bid to immediately block the EPA from enforcing a chemical emissions rule that will directly affect the company.

  • June 11, 2024

    Ontrak CEO Told Broker To Sell Shares Quickly, Jury Hears

    A stockbroker testifying Tuesday in the California federal insider trading trial for Ontrak's founder said the executive didn't accept his advice to delay selling shares of the healthcare company to avoid the appearance of trading on insider information, but instead insisted on selling the shares immediately.

  • June 11, 2024

    SIFMA, Missouri Seek Early End To Anti-ESG Rules Suit

    The Securities Industry and Financial Markets Association and Missouri state officials have filed dueling summary judgment bids in SIFMA's suit over the state's anti-ESG rules for brokers and advisers, with SIFMA claiming the rules violate the First Amendment, and both sides painting the issue as a matter of states' rights versus federal preemption.

  • June 11, 2024

    Fed's New Internal Trading Policy Full Of Loopholes, Sens. Say

    Sens. Elizabeth Warren, D-Mass., and Rick Scott, R-Fla., have called on Federal Reserve Board Chair Jerome Powell to repeal what they say is a "failed approach" to addressing allegedly illicit trading by Fed officials, saying the long-awaited policy is riddled with loopholes, contains weak penalties and requires no transparency for officials who violate the trading rules.

  • June 11, 2024

    DC Circ. Affirms Petrobras' Immunity Denial In Fraud Case

    The D.C. Circuit on Tuesday affirmed the denial of Petrobras' immunity defense against an investor fraud lawsuit filed after the petroleum company was implicated in a sprawling bribery scheme, ruling that the alleged fraud caused a direct impact on the United States sufficient to pull Petrobras into the court's jurisdiction.

  • June 11, 2024

    Prison Phone Cos. Want To Factor Security Cost Into Rates

    Prison phone call providers need to be allowed to factor the cost of safety and security features into the rates that they charge incarcerated people to contact their loved ones, a trio of companies has told the Federal Communications Commission.

  • June 11, 2024

    Hedge Fund Anson Settles With SEC Over Cannabis Shorts

    The American and Canadian entities overseeing hedge fund Anson Funds agreed on Tuesday to pay $2.25 million to end a U.S. Securities and Exchange Commission investigation into their allegedly hidden relationship with an activist investment firm that shorted a pair of cannabis stocks.

  • June 11, 2024

    9th Circ. Judge On Theranos Appeal: 'Good Story' For Holmes

    Two Ninth Circuit judges on a three-judge panel expressed concerns Tuesday that the district judge presiding over convicted former Theranos CEO Elizabeth Holmes' criminal trial erred by allowing a layperson witness to offer expert testimony at trial, with one judge saying, "There's a pretty good story here for Ms. Holmes."

  • June 11, 2024

    Texas, Mont. Sue HHS Over ACA Trans Discrimination Rule

    Texas and Montana filed suit against the Biden administration seeking to halt its rule clarifying the application of the Affordable Care Act's nondiscrimination protections to gender identity, saying the new regulations infringe on states' autonomy and force them to violate their own laws.

  • June 11, 2024

    AI No Scarier Than Nail Guns Or Microscopes, Kappos Says

    Former U.S. Patent and Trademark Office Director David Kappos cautioned attorneys Tuesday to "keep ourselves grounded" about the use of artificial intelligence in intellectual property, saying it's just a tool like a microscope or nail gun, rather than something justifying "panic."

  • June 11, 2024

    Southwest Ditches 2022 Holiday Mayhem Suit, For Now

    A California federal judge on Tuesday dismissed a group of Southwest Airlines customers' proposed breach of contract class action stemming from massive flight cancellations during the airline's December 2022 holiday-week meltdown but gave the plaintiffs another shot to bolster their claims.

  • June 11, 2024

    4 More States Join DOJ's Antitrust Suit Against Apple

    The attorneys general of Washington, Massachusetts, Nevada and Indiana on Tuesday became the latest to join the U.S. Department of Justice's antitrust lawsuit in New Jersey federal court claiming Apple is monopolizing the smartphone market.

  • June 11, 2024

    Moelis-Inspired Del. Corporate Law Bill Clears Senate Panel

    A string of law professors turned out Tuesday to oppose a Delaware Senate bill that would let boards cede some governance rights to big stockholders and some Delaware Court oversight to other jurisdictions, with the measure nevertheless cleared for a full Senate vote.

  • June 11, 2024

    SVB Wants A Trial Over Its $605M Tax Bill From IRS

    The parent company of failed Silicon Valley Bank has told a New York bankruptcy judge it wants him to decide if it owes the Internal Revenue Service more than $605 million in taxes.

  • June 11, 2024

    Dish Fights To Weigh In On Spectrum False Claims Act Case

    Dish Network deserves a say in whether the whistleblower claims accusing it of using sham companies to scam the government out of some $3.3 billion are dismissed — and the relator's suggestion that it doesn't is "facially absurd," the company has told the court.

  • June 11, 2024

    NCAA Hit With NIL Suit By '83 Wolfpack Players

    Members of North Carolina State University's 1983 championship basketball team have accused the National Collegiate Athletic Association of exploiting their names, images and likenesses for profit.

Expert Analysis

  • FTC Theories Of Harm After Anesthesia Co. Ruling

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    As Federal Trade Commission litigation against U.S. Anesthesia Partners proceeds following a Texas federal court's recent decision to dismiss a private equity sponsor from the suit, the case attempts to incorporate and advance some of the commission's theories of competitive harm from the final 2023 Merger Guidelines, say attorneys at Mintz.

  • FTC Focus: Exploring The Meaning Of Orange Book Letters

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    The Federal Trade Commission recently announced an expansion of its campaign to promote competition by targeting pharmaceutical manufacturers' improper Orange Book patent listings, but there is a question of whether and how this helps generic entrants, say Colin Kass and David Munkittrick at Proskauer.

  • 3 Recent Decisions To Note As Climate Litigation Heats Up

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    Three recent rulings on climate-related issues — from a New York federal court, a New York state court and an international tribunal, respectively — demonstrate both regulators' concern about climate change and the complexity of conflicting regulations in different jurisdictions, say J. Michael Showalter and Robert Middleton at ArentFox Schiff.

  • BF Borgers Clients Should Review Compliance, Liability

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    After the U.S. Securities and Exchange Commission's recently announced enforcement proceedings against audit firm BF Borgers for fabricating audit documentation for hundreds of public companies, those companies will need to follow special procedures for disclosure and reporting — and may need to prepare for litigation from the plaintiffs bar, say attorneys at Debevoise.

  • New TSCA Risk Rule Gives EPA Broad Discretion On Science

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    The U.S. Environmental Protection Agency's recent final amendments to its framework for evaluating the risks of chemical substances under the Toxic Substances Control Act give it vast discretion over consideration of scientific information, without objective criteria to guide that discretion, say John McGahren and Debra Carfora at Morgan Lewis.

  • Perspectives

    Trauma-Informed Legal Approaches For Pro Bono Attorneys

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    As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.

  • Fintech Compliance Amid Regulatory Focus On Sensitive Data

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    The Consumer Financial Protection Bureau's recent, expansive pursuit of financial services companies using sensitive personal information signals a move into the Federal Trade Commission's territory, and the path forward for fintech and financial service providers involves a balance between innovation and compliance, say attorneys at Wilson Sonsini.

  • Cos. Must Stay On Alert With Joint Employer Rule In Flux

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    While employers may breathe a sigh of relief at recent events blocking the National Labor Relations Board's proposed rule that would make it easier for two entities to be deemed joint employers, the rule is not yet dead, say attorneys at ​​​​​​​Day Pitney.

  • 4 Arbitration Takeaways From High Court Coinbase Ruling

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    The U.S. Supreme Court's May 23 decision in Coinbase v. Suski, which provides clarity to parties faced with successive contracts containing conflicting dispute resolution provisions, has four practical impacts for contracting parties to consider, say Charles Schoenwetter and Eric Olson at Bowman and Brooke.

  • Series

    Playing Music Makes Me A Better Lawyer

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    My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.

  • Contractors Must Prep For FAR Council GHG Emissions Rule

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    With the U.S. Federal Acquisition Regulatory Council expected to finalize its proposed rule on the disclosure of greenhouse gas emissions and climate-related financial risk this year, government contractors should take key steps now to get ready, say Thomas Daley at DLA Piper, Steven Rothstein at the Ceres Accelerator for Sustainable Capital Markets, and John Kostyack at Kostyack Strategies.

  • Proposed Cannabis Reschedule Sidesteps State Law Effects

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    The U.S. Department of Justice's recent proposal to move cannabis to Schedule III of the Controlled Substances Act provides certain benefits, but its failure to address how the rescheduling would interact with existing state cannabis laws disappointed industry participants hoping for clarity on this crucial question, says Ian Stewart at Wilson Elser.

  • What's New In Kentucky's Financial Services Overhaul

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    Kentucky's H.B. 726 will go into effect in July and brings with it some significant restructuring to the Kentucky Financial Services Code, including changes to mortgage loan license fees and repeals of provisions relating to installment term loans and savings associations, say attorneys at Frost Brown.

  • How Attys Can Avoid Pitfalls When Withdrawing From A Case

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    The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.

  • The Effects Of New 10-Year Limitation On Key Sanctions Laws

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    Recently enacted emergency appropriations legislation, doubling the statute of limitations for civil and criminal economic sanctions violations, has significant implications for internal records retention, corporate transaction due diligence and government investigations, say attorneys at Greenberg Traurig.

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