Compliance

  • June 06, 2024

    NY Prosecutor Says DOJ Self-Disclosure Policies Are Working

    The proliferation of policies across the U.S. Department of Justice crediting firms and individuals for voluntarily self-disclosing misconduct indicates the approach is effective, even though instances of such disclosures aren't overwhelming, a senior federal prosecutor in New York told a gathering of compliance officers on Thursday.

  • June 06, 2024

    Health Co. CEO Sold Stock Amid Souring Cigna Deal, Jury Told

    A stock analyst told California federal jurors Thursday he noticed in disclosure forms that the founder of healthcare company Ontrak Inc. was starting to sell company shares a few weeks before Cigna announced it was terminating its $90 million contract with the company.

  • June 06, 2024

    Texas AG Takes Aim At Carmakers Selling Drivers' Data

    Texas' attorney general has become the latest to turn up the data-privacy heat on connected car manufacturers, revealing Thursday that his office has begun an investigation into how these companies amass and sell drivers' data to third parties, including insurance providers.

  • June 06, 2024

    Treasury Eyes AI As OCC Chief Calls For More 'Accountability'

    The U.S. Department of the Treasury on Thursday launched an inquiry into the rollout of artificial intelligence in financial services, a move that came as the Office of the Comptroller of the Currency's acting chief cautioned that a Wall Street "nightmare" scenario involving the technology "seems uncomfortably plausible."

  • June 06, 2024

    Calif. Judge Pauses Wells Fargo Investor Row Over State Case

    A California federal judge has paused a pension system's proposed class action accusing top Wells Fargo & Co. officers of enabling a "culture of lawlessness," making way for a state court suit that alleges similar wrongdoing.

  • June 06, 2024

    FTC Says Kroger Hasn't Turned Over Promised Documents

    The Federal Trade Commission urged an administrative law judge on Tuesday to require Kroger to fork over documents related to negotiations for its divestiture plan amid the commission's in-house challenge to the grocer's merger with Albertsons, saying Kroger's prior representations that it would produce the materials "have proven false."

  • June 06, 2024

    SEC Sued For Info On Text Message Sweeps

    The American Securities Association sued the U.S. Securities and Exchange Commission in Florida federal court on Thursday, pushing for the disclosure of evidence it says could shed light on how the regulator came to impose billions of dollars' worth of fines against firms whose employees communicate business-related information over unmonitored texting and chat apps.

  • June 06, 2024

    NTSB Pins Jets' Near Miss On Fog In Austin, Controller Errors

    Dense fog, the absence of critical runway safety technology and an air traffic controller's incorrect assumptions contributed to the February 2023 near-collision of a FedEx cargo plane and a Southwest Airlines passenger jet in Austin, Texas, the National Transportation Safety Board said Thursday.

  • June 06, 2024

    NY AG Says $1B Crypto Pyramid Scheme Targeted Immigrants

    The New York Attorney General's Office on Thursday accused a digital assets trading firm, its founders and an affiliated crypto mining firm of running a billion-dollar pyramid scheme that defrauded hundreds of thousands of investors, many of whom are members of Haitian and other immigrant communities.

  • June 06, 2024

    NRA Can't Undo $6.4M Misconduct Verdict In NY AG Case

    A New York judge on Thursday rejected a request by the National Rifle Association and its longtime executives to set aside a jury's $6.4 million verdict that found they misspent charitable funds, saying Attorney General Letitia James provided sufficient evidence for the jurors to rule in her favor.

  • June 06, 2024

    Split FCC Kicks Off Cybersecurity Fund For Schools, Libraries

    Democrats on the Federal Communications Commission created a $200 million pilot program Thursday to build up cybersecurity in schools and libraries.

  • June 06, 2024

    Tribes, Green Groups Lose Challenge To SunZia Power Line

    An Arizona federal judge Thursday threw out a challenge by a coalition of tribes and conservation groups to undo a nearly decade-old federal government decision that they said allowed SunZia Transmission LLC to route a 520-mile power line through important cultural and historical sites in the San Pedro Valley.

  • June 06, 2024

    FCC Could Change Credit Rules To Qualify For Broadband Aid

    The Federal Communications Commission is considering easing some letter of credit requirements for Universal Service Fund recipients, saying the current mandates may have become too onerous and could be slowing broadband deployment.

  • June 06, 2024

    FTC And DOJ Divvy Up Probes Of OpenAI, Microsoft, Nvidia

    The Federal Trade Commission will investigate OpenAI and its investor Microsoft for potential competition issues, while the U.S. Department of Justice will look at chipmaker Nvidia's role in the quickly emerging artificial intelligence space, a source confirmed to Law360 on Thursday.

  • June 06, 2024

    High Bar For Booking.com Price Limits, EU High Court Told

    A European Court of Justice advocate general recommended a high bar Thursday for Booking.com assertions that price parity clauses imposed on contracts with hotels are "ancillary" to, and thus protected as, legitimate business arrangements.

  • June 06, 2024

    Transport Monopoly Indictment Is Deficient, Accused Says

    One of 12 individuals who U.S. federal prosecutors claim conspired to monopolize cross-border sales of used vehicles and other goods from the U.S. to Central America using violence has moved to dismiss antitrust charges, saying prosecutors omitted elements of an indictable offense.

  • June 06, 2024

    FCC Floats New Rules On ISPs To Protect Internet Security

    The Federal Communications Commission on Thursday proposed to impose new rules on internet service providers to ensure security of the internet's crucial routing technology, the Border Gateway Protocol.

  • June 06, 2024

    Mass. AG Asks State High Court To Affirm Housing Law

    Massachusetts Attorney General Andrea Joy Campbell told the state's highest court this week that her office has the authority to seek enforcement of what she says is a mandatory state housing initiative requiring more than half the state's communities to allow multifamily housing development.

  • June 06, 2024

    Ex-Autonomy CEO, VP Both Cleared In HP Criminal Fraud Trial

    A California federal jury on Thursday acquitted former Autonomy CEO Michael Lynch and former finance Vice President Stephen Chamberlain of criminal fraud and conspiracy charges following an 11-week trial over allegations that the two conned HP into overpaying billions for the British tech company.

  • June 06, 2024

    5th Circ. Sides With Miss. In Pipeline Permitting Row

    The Fifth Circuit has found a lower court properly threw out an interstate pipeline company's assertion that annual levee crossing fees sought by Mississippi regulators were unconstitutional because they fell outside the scope of the company's 75-year-old permit.

  • June 06, 2024

    5th Circ. Backs Chevron In La. Drilling Contamination Fight

    The Fifth Circuit on Thursday reversed a lower court ruling directing Chevron to submit a plan to clean up Louisiana properties allegedly contaminated by oil and gas development, saying that state law only requires the company to look for potential damage.

  • June 06, 2024

    EPA To Reevaluate Widely Used Toxic Chemical Under TSCA

    The U.S. Environmental Protection Agency has proposed a rule to limit the use of a chemical found in hundreds of products from paint to cleaning products that has been linked to miscarriages, reduced male fertility and other health issues.

  • June 06, 2024

    Conn. US Atty's Office Looks Within To Fill Leadership Roles

    U.S. Attorney Vanessa Roberts Avery made new supervisory appointments within the U.S. Attorney's Office for the District of Connecticut and its Criminal Division, including the second-ranking position within the office.

  • June 06, 2024

    Mass. Pot Regulators Hear Pleas To Address Islands' Shortage

    Massachusetts cannabis regulators on Thursday acknowledged they have "some work to do" during a meeting and listening session on Martha's Vineyard, where enforcement of a federal ban on transporting the drug over water is wreaking havoc on the island's supply chain.

  • June 06, 2024

    'Brussels Effect' Of EU's AI Act Is Uncertain, Legal Pros Say

    BigLaw attorneys advising international clients on the European Union's AI Act tell Law360 there are significant uncertainties over vague terms in the 458-page statute, how its steep eight-figure fines will be enforced, and whether it will set a new standard globally as part of the "Brussels effect."

Expert Analysis

  • Assessing HHS' Stance On Rare Disease Patient Assistance

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    The U.S. Department of Health and Human Services' recent advisory opinion, temporarily blessing manufacturer-supported copay funds for rare disease patients, carves a narrow path for single-donor funds, but charities and their donors may require additional assistance to navigate programs for such patients, says Mary Kohler at Kohler Health Law.

  • 7 Effects Of DOL Retirement Asset Manager Exemption Rule

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    The recent U.S. Department of Labor amendment to the retirement asset manager exemption delivers several key practical impacts, including the need for managers, as opposed to funds, to register with the DOL, say attorneys at Ropes & Gray.

  • Opinion

    Feds' Biotech Enforcement Efforts Are Too Heavy-Handed

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    The U.S. Department of Justice's recent actions against biotech companies untether the Anti-Kickback Statute from its original legislative purpose, and threaten to stifle innovation and undermine patient quality of care, say attorneys at Ropes & Gray.

  • 4 Sectors Will Likely Bear Initial Brunt Of FTC 'Junk Fees' Rule

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    If the Federal Trade Commission adopts its comprehensive proposed rule to ban unfair or deceptive fees across the U.S. economy, many businesses — including those in the lodging, event ticketing, dining and transportation sectors — will need to reexamine the way they market and price their products and services, say attorneys at Skadden.

  • Liquidity Risk Management Tops NCUA Exam Priorities

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    As credit unions map their regulatory initiatives and audit plans, they should look to the National Credit Union Administration’s annual supervisory priorities, which include five important examination areas, including liquidity management and interest rate risk, say Juan Arciniegas and Judy Chen at Chapman and Cutler.

  • Protecting IP May Be Tricky Without Noncompetes

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    Contrary to the Federal Trade Commission's view, trade secret law cannot replace noncompetes' protection of proprietary information because intellectual property includes far more than just trade secrets, so businesses need to closely examine their IP protection options, say Aimee Fagan and Ching-Lee Fukuda at Sidley.

  • Regulating Resurrected Species Under The ESA

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    As the prospect of extinct species being resurrected from DNA and reintroduced into the wild grows closer, an analysis of the Endangered Species Act suggests that it could provide a thoughtful, flexible governance framework for such scenarios, say Caroline Meadows and Shelby Bobosky at the SMU Dedman School of Law.

  • 8 Legal Issues Influencing Investors In The Creator Economy

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    The rapidly expanding digital creator economy — funding for which more than doubled in the U.S. in the first quarter — comes with its own set of unique legal issues investors must carefully consider before diving in, say Louis Lehot and Alan Pate at Foley & Lardner.

  • Action Steps To Address New Restrictions On Outbound Data

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    Companies should immediately assess all their data-based operations so they can consider strategies to effectively mitigate new compliance risks brought on by recently implemented transaction restrictions, including a Justice Department proposal and landmark data legislation, say attorneys at Wiley.

  • E-Discovery Quarterly: Recent Rulings On Text Message Data

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    Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.

  • CFPB Reality Check: Video Game Cash Is Still Money

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    The Consumer Financial Protection Bureau's recent report examining payments within online video games indicates that financial services offered within the game marketplace are quickly evolving to the point where they are indistinguishable from traditional financial services subject to regulation, say attorneys at Sheppard Mullin.

  • What CRA Deadline Means For Biden Admin. Rulemaking

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    With the 2024 election rapidly approaching, the Biden administration must race to finalize proposed agency actions within the next few weeks, or be exposed to the chance that the following Congress will overturn the rules under the Congressional Review Act, say attorneys at Covington.

  • 5 Takeaways From FDA's Biosimilars Promotion Guidance

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    New draft guidance from the U.S. Food and Drug Administration expands upon other recent efforts to clarify expectations for biosimilar and interchangeable labeling, highlighting a number of potential missteps that could draw attention from regulators, say attorneys at Arnold & Porter.

  • The Legal Issues Raised In Minn. Rate Exportation Opt-Out Bill

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    A recent Minnesota House bill would amend state law by opting out of the federal interest rate preemption and introduce several legal gray areas if passed, including issues regarding loan location, rates on credit card loans and values of state charters, says Karen Grandstrand at Fredrikson & Byron.

  • Are Concessions In FDA's Lab-Developed Tests Rule Enough?

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    Although the U.S. Food and Drug Administration's new policy for laboratory-developed tests included major strategic concessions to help balance patient safety, access and diagnostic innovation, the new rule may well face significant legal challenges in court, say Dominick DiSabatino and Audrey Mercer at Sheppard Mullin.

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