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Compliance
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May 07, 2025
Google Is 'What's Best' For Users, Apple Exec Tells Judge
A top Apple executive forcibly defended the company's pick for its default search engine Wednesday, telling a D.C. federal judge that Google is the only real option, as the U.S. Justice Department looks to ban Google from paying the iPhone maker and others for default search engine placement.
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May 07, 2025
Ga. Landowner Says Exempt Farm Activities Doom CWA Suit
Georgia property owners have accused neighbors of polluting streams and lakes on their land while prepping to build a solar farm, but the neighbors this week told a federal judge their actions were for agricultural purposes, which should exempt them from any Clean Water Act claims.
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May 07, 2025
CVS Hid Prescription Discounts From Medicaid, States Allege
CVS failed to disclose to state Medicaid programs that it was offering discounts on prescriptions to cash-paying customers, violating regulations aimed at assuring that government insurance programs pay the lowest possible price for drugs, the attorneys general of four states said in a complaint unsealed Wednesday.
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May 07, 2025
Illinois Seeks Exit From Suit Over Demographic Data Law
Illinois asked a federal judge to toss a lawsuit brought by a group called the American Alliance for Equal Rights that seeks to block the state from enforcing a law requiring nonprofits to publicize their demographic data, saying the organization has no standing to bring the claims.
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May 07, 2025
Texas Bill May Limit Full Redress For Personal Injury Victims
A Texas bill aimed at reining in allegedly excessive jury awards granted to personal injury victims would be a boon for insurance companies, but it may threaten victims' ability to get full compensation for the consequences of another party's negligence.
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May 07, 2025
OCC Affirms Banks' Crypto Custody, Execution Capabilities
The Office of the Comptroller of the Currency on Wednesday made clear that banks can buy and sell crypto on behalf of their customers and outsource custody services to third parties, reaffirming a stance the regulator first took in 2020.
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May 07, 2025
Philips Presses For 'Certainty' On Next-Gen TV Transition
Electronics giant Philips is backing the National Association of Broadcasters' proposed timeline for stations to move to "NextGen TV," telling the Federal Communications Commission in a new filing that clear government action is needed to "shepherd the broadcast and consumer electronics industries towards a successful transition."
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May 07, 2025
Upstart Says SEC Has Ended Probe Into AI, Loan Disclosures
The U.S. Securities and Exchange Commission has closed an investigation into online lender Upstart's disclosures around the use of artificial intelligence for underwriting and loans, according to the firm's latest agency filing.
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May 07, 2025
Top Groups Lobbying The FCC
The Federal Communications Commission heard from advocates dozens of times throughout April about their concerns, from T-Mobile's planned takeover of UScellular's wireless operations to Native American tribes' needs for licensed spectrum, phone "unlocking" mandates to spur competition, satellite power limits and more.
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May 07, 2025
Politics, Tech Issues Top Concerns At Chicago Risk Event
Insurance and risk professionals around the country gathered in Chicago to discuss potential perils and opportunities for the future, with talks often centering on President Donald Trump's administration, technological developments and statutory reform of the legal system.
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May 07, 2025
Envelope Co. Founders, Trust Co. Ink $8M ESOP Deal
Two founders of an envelope manufacturing company and a trustee to the company's employee stock ownership plan have agreed to fork over $8 million to end an ESOP participant's proposed class action alleging mismanagement, according to filings in Delaware federal court Wednesday.
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May 07, 2025
Deutsche Bank, Computacenter Sued For Firing Whistleblower
An ex-information technology employee at Computacenter has sued the company, Deutsche Bank and his ex-supervisor for $25 million in New York state court alleging he was fired for blowing the whistle on a security breach in which his colleague's girlfriend purportedly accessed private client information.
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May 07, 2025
Shell Says Conn. Draft Shows Climate Review Wasn't Needed
Two Shell Oil subsidiaries have asked a Connecticut federal judge to pause expert discovery in an environmental group's challenge to pollution prevention efforts at a New Haven petroleum terminal along Long Island Sound, claiming state regulators have clarified that their current permit does not squarely require a climate change review.
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May 07, 2025
Ex-Enforcers Back Higher Standard For Google Breakup
A bipartisan group of former federal antitrust enforcers stretching back to the Nixon administration has told the D.C. federal court overseeing the government's search monopolization case against Google that a high standard needs to be met when divestitures are sought.
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May 07, 2025
FSOC Rethink Of SIFI Labeling 'Is On Agenda,' Bessent Says
U.S. Treasury Secretary Scott Bessent signaled at a U.S. House hearing on Wednesday that the Financial Stability Oversight Council may seek again to curb its power to single out large asset managers and other nonbank financial firms for heightened regulation.
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May 07, 2025
Judge Says ICE 'Spirited' Academic Away To Avoid Challenge
A Virginia federal judge allowed a jailed Georgetown University fellow's suit accusing the government of illegally detaining him to proceed and be heard in Virginia, saying the government appears to have rapidly and repeatedly moved him between detention facilities in order to delay a habeas petition and to forum shop.
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May 07, 2025
Pa. Nursing Homes Say They Can't Afford $2.7M Fraud Penalty
A pair of Pennsylvania nursing homes convicted of defrauding state and federal healthcare programs by falsifying staff records and exaggerating patient needs said they won't be able to pay the $2.7 million penalty the government is seeking since they're severely strapped for cash.
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May 07, 2025
Judge Affirms $9.4M Verdict For American Airlines In IP Case
A Texas federal judge has finalized a $9.4 million judgment for American Airlines over airfare search engine Skiplagged Inc.'s unauthorized use of copyrighted booking content, while also upholding the jury's finding that Skiplagged's use of American's trademarks was fair and declining to revive the lawsuit's contractual claims.
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May 07, 2025
NY Eyes Injunction Against Feds In Congestion Price Fight
New York transportation agencies have asked a federal judge to block the U.S. Department of Transportation from following through on its threat to withhold federal funding for Manhattan roadway projects if the Empire State doesn't halt congestion pricing.
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May 07, 2025
Wyden Urges Probe Of White House Use Of TeleMessage App
Senate Finance Committee ranking member Ron Wyden, D-Ore., sent a letter Tuesday to Attorney General Pam Bondi requesting an immediate investigation of the "serious threat to U.S. national security" posed by White House personnel using TeleMessage, an app that archives Signal messages.
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May 07, 2025
Device Seller Asks For Probation In $2.4M Tax Evasion Case
The septuagenarian owner of a Florida medical device company who pled guilty to evading $2.4 million in taxes asked a federal district court Wednesday for his sentence to entail home probation and not prison, given his health challenges and payments he already made to the Internal Revenue Service.
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May 06, 2025
Pornhub Can't Challenge Section 230 Ruling With Fast Appeal
An Alabama federal judge Tuesday denied Pornhub parent company MindGeek's request to appeal his finding that the platform isn't protected by Section 230 of the Communications Decency Act against claims it profited from child sex trafficking and pornography.
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May 06, 2025
Dems Exit Hearing After Calling For Crypto Conflict Limits
House Democrats continued to call for coming digital asset legislation to limit potential conflicts of interest in light of the Trump family's crypto ventures at a Tuesday joint hearing between the financial services and agriculture committees that saw some members walk out in opposition.
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May 06, 2025
Ruling Doesn't Bind FERC Auction Approval, DC Circ. Told
A Federal Energy Regulatory Commission determination that a court ruling required it to let a grid operator proceed with a flawed electricity capacity auction cannot be squared with its duty to modify unjust or unreasonable rates, consumer advocates and public utilities told the D.C. Circuit.
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May 06, 2025
SDNY Taps Sullivan & Cromwell Atty To Lead Criminal Division
A former Sullivan & Cromwell LLP partner has been selected to lead the U.S. Attorney's Office for the Southern District of New York's criminal division, according to an announcement made Tuesday.
Expert Analysis
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Implications Of Kid Privacy Rule Revamp For Parents, Cos.
The Federal Trade Commission's recent amendments to the Children's Online Privacy Protection Act will expand protections for children online, meaning parents will have greater control over their children's data and tech companies must potentially change their current privacy practices — or risk noncompliance, say attorneys at Labaton Keller.
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What's Potentially In Store For CFTC Under New Leadership
Under the leadership of acting U.S. Commodity Futures Trading Commission Chairman Caroline Pham, and with the nomination of former commissioner Brian Quintenz to serve as permanent chair, the commission is set to widely embrace digital assets and event contracts, say attorneys at Davis Wright.
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Revived Executive Order Is A Deregulatory Boon To Banks
A recently reinstated 2019 executive order reveals the Trump administration’s willingness to provide unprecedented protections for regulated parties — including financial institutions — but to claim them, banks and other entities must adopt a forward-leaning posture to work with the regulators, say attorneys at Davis Wright.
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Recent Cases Clarify FCA Kickback Pleading Standards
Two recently resolved cases involving pharmaceutical manufacturers may make it more difficult for False Claims Act defendants facing kickback scheme allegations to get claims dismissed for lack of evidence, say Li Yu at Bernstein Litowitz, Ellen London at London & Noar, and Gregg Shapiro at Gregg Shapiro Law.
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Opinion
Antitrust Analysis In Iowa Pathologist Case Misses The Mark
An Iowa federal court erred in its recent decision in Goldfinch Laboratory v. Iowa Pathology Associates by focusing exclusively on market impacts and sidestepping key questions that should be central to antitrust standing analysis, says Daniel Graulich at Baker McKenzie.
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2 Practical Ways For Banks To Battle Elder Financial Abuse
Federal regulators' recent statement raising awareness of elder financial exploitation provides a useful catalog of techniques that banks can employ to fight fraud, particularly encouraging older account holders to establish trusted contacts and sharing timely warnings about the latest scams with customers, say attorneys at Nutter.
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3 Ways Civil Plaintiffs Could Fill An FCPA Enforcement Gap
While the Department of Justice recently announced it would deprioritize Foreign Corrupt Practices Act investigations into U.S. businesses without obvious ties to international crime, companies should stay alert to private plaintiffs, who could fill this enforcement void — and win significant civil damages — through several legal channels, says Eric Nitz at MoloLamken.
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Examining Trump Meme Coin And SEC's Crypto Changes
While the previous U.S. Securities and Exchange Commission tended to view most crypto-assets as securities, the tide is rapidly changing, and hopefully the long-needed reevaluation of this regulatory framework is not tarnished by an arguable conflict of interest due to President Donald Trump's affiliation with the $Trump meme coin, say attorneys at Thompson Coburn.
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Steps For Federal Grantees Affected By Stop-Work Orders
Broad changes in federal financial assistance programs are on the horizon, and organizations that may receive a stop-work order from a federal agency must prepare to be vigilant and nimble in a highly uncertain legal landscape, say attorneys at Arnold & Porter.
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Opinion
State FCAs Should Cover Local Fund Misuse, State Tax Fraud
New Jersey and other states with similar False Claims Acts should amend them to cover misappropriated municipal funding, and state and local tax fraud, which would encourage more whistleblowers to come forward and increase their recoveries, says Kenneth Levine at Stone & Magnanini.
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Dewberry Ruling Is A Wakeup Call For Trademark Owners
The U.S. Supreme Court's decision in Dewberry v. Dewberry hones in on the question of how a defendant's affiliates' profits should be treated under the Lanham Act, and should remind trademark litigants and practitioners that issues involving monetary relief should be treated seriously, say attorneys at Finnegan.
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Recent Cases Suggest ESG Means 'Ever-Shifting Guidelines'
U.S. courts have recently handed down a number of contradictory decisions on important environmental, social and governance issues, adding to an already complex mix of conflicting political priorities, new laws and changing regulatory guidance — but there are steps that companies can take to minimize risk, say attorneys at Paul Hastings.
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New HSR Rules Augur A Deeper Antitrust Review By Agencies
After some initial uncertainty, the new Hart-Scott-Rodino Act rules did go into effect last month, and though their increased information requirements create greater initial burdens for merging parties, the rules should lead to greater certainty and predictability through a more efficient and effective review process, says Craig Malam at Edgeworth Economics.
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How EEOC Enforcement Priorities May Change Under Trump
The U.S. Equal Employment Opportunity Commission has already been rocked by the Trump administration's dramatic changes in personnel and policy, which calls into question how the agency may shift its direction from the priorities set forth in its five-year strategic enforcement plan in 2023, say attorneys at Seyfarth.
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New Fla. Financial Abuse Law May See Limited Buy-In
Florida's newly effective financial protection law comes with compliance burdens and uncertainties that could discourage financial institutions from participating, even though the law aims to shield them from liability for delaying transactions when they suspect exploitation of elderly and vulnerable account holders, say attorneys at Shutts & Bowen.