Compliance

  • May 23, 2025

    CFPB Calls Open Banking Rule 'Unlawful' In Pivot Against It

    The Consumer Financial Protection Bureau signaled Friday that it will now seek to vacate its Biden-era open banking rule, siding with the banking industry in an ongoing legal challenge to the rule even as a major fintech industry group is pledging to keep defending it.

  • May 23, 2025

    NY Judge Axes $110M Mango Markets Trader's Fraud Verdict

    A Manhattan federal judge on Friday granted a crypto trader's request to overturn a conviction for defrauding platform Mango Markets out of roughly $110 million, finding that prosecutors didn't link his conduct to New York and failed to show he duped the platform.

  • May 23, 2025

    5th Circ. Sides With Texas Library In Book Ban Redo

    The Fifth Circuit gave a green light for a Texas public library to toss several books that deal with topics such as sexuality and racism, labeling the arguments challenging the library's decision to remove the challenged literature as "over-caffeinated" in a Friday en banc opinion.

  • May 23, 2025

    SEC Cracks Door For Retail Entry Into Private Funds

    The U.S. Securities and Exchange Commission is exploring increasing retail access to private funds, marking one of several pivotal shifts the watchdog is considering that would widen public exposure to the vast but less regulated world of private markets.

  • May 23, 2025

    Real Estate Recap: Opp Zones, SFR Sector, NYC Casinos

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including how the "Big, Beautiful Bill" would tweak rules for opportunity zones, the prognosis for the single-family rental sector, and a look at the seven remaining bids for casino licenses in New York City.

  • May 23, 2025

    Employment Authority: Pay Lessons From 'Mad Men'

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with the pay lessons "Mad Men" provided; how a recent Fifth Circuit decision that not accommodating a disabled worker can violate the Americans with Disabilities Act, even if no harm results from that decision, deepens a split among appeals courts; and how a National Labor Relations Board charge accusing a legal aid union of discriminating against Jewish members tests the bounds of unions' obligations.

  • May 23, 2025

    X Says Media Matters Must Pay For 'Unjustified' Transfer Bid

    Social media giant X Corp. wants Media Matters for America sanctioned for waiting more than a year to try to transfer X Corp.'s lawsuit against it, and told a Texas federal judge Wednesday that the left-leaning media watchdog must cover the costs of defending against the unsuccessful motion.

  • May 23, 2025

    Trump Says 'It's Time For Nuclear' And Orders New Reactors

    President Donald Trump said Friday that he wants to revive the nation's nuclear power industry to serve defense and artificial intelligence needs, and ordered the U.S. Department of Energy to "eliminate or expedite" environmental reviews so new reactors can come online more quickly.

  • May 23, 2025

    Banking Groups Want SEC To Pull Cyber Disclosure Mandates

    A group of banking trade associations has called on the U.S. Securities and Exchange Commission to rescind a Biden-era mandate requiring public companies to disclose certain cybersecurity incidents, arguing it increases companies' risk when they fall victim to cyberattacks.

  • May 23, 2025

    Judge Extends Block On Trump's Government Layoffs

    A California federal judge has extended her block of President Donald Trump's executive order directing layoffs at federal agencies, saying a coalition of unions, nonprofits and cities has shown it is likely to succeed in showing the order exceeded the president's authority.

  • May 23, 2025

    'NJ Weedman' Says City Hall Protest Is Protected Speech

    A Garden State cannabis advocate known as "NJWeedman" urged a New Jersey federal judge to let his First Amendment suit against the mayor of Trenton proceed, arguing the city targeted his pot-themed ventures after he projected a "Batman-like" protest message on City Hall.

  • May 23, 2025

    Coinbase Investor Sues Over Hack Fallout, UK Fine

    A Coinbase stockholder brought a proposed class action against the crypto exchange, claiming she and other investors felt the fallout after the firm suffered a headline-grabbing data breach and an earlier run-in with a U.K. regulator.

  • May 23, 2025

    DOJ, Boeing Reach Deal To Drop 737 Max Criminal Case

    The U.S. Department of Justice said Friday that it won't criminally prosecute Boeing over the deadly 737 Max crashes after reaching a deal that saves the American aerospace giant from being branded a corporate felon in exchange for approximately $1.1 billion in fines, penalties and victims compensation.

  • May 23, 2025

    X Alleges Vietnamese Group Is Exploiting Engagement Metrics

    X Corp. on Thursday filed suit in Texas federal court against several Vietnamese nationals it alleges run a cybercrime ring that farms money using computer-generated content and manipulating its social media platform's engagement metrics through bots.

  • May 23, 2025

    Texas Justices Answer 5th Circ. Query On State Usury Laws

    The Texas Supreme Court on Friday concurred with a credit card industry firm that sued a lender over its "usurious" interest charges, telling the Fifth Circuit that state law holds that the maximum permissible interest on a loan is based on the declining principal balance, not the initial total principal amount.

  • May 23, 2025

    Groups Look To Block Trump's Monument Fishing Order

    Three conservation groups are challenging a Trump administration proclamation that will open up a 400,000-square-mile Hawaiian national marine monument to commercial fishing, saying the president exceeded his Antiquities Act and constitutional authority in doing so.

  • May 23, 2025

    Ex-McKinsey Exec Sentenced For Obstructing Purdue Probe

    A Virginia federal judge has sentenced a disbarred attorney and former McKinsey & Co. partner to six months in prison for obstructing an investigation into the consulting giant's work with opioid manufacturer Purdue, federal prosecutors announced Friday.

  • May 23, 2025

    FTC Probing Alcon's $430M Lensar Deal

    The Federal Trade Commission has requested additional information about Swiss eye care company Alcon Inc.'s planned purchase of Florida-based medical technology developer Lensar Inc. in a deal worth up to $430 million.

  • May 23, 2025

    Biotech Insider Traded On $3.5B Novartis Deal, Feds Say

    A former board member at Chinook Therapeutics orchestrated an insider-trading scheme after learning about Novartis' plans to purchase the biotech company for $3.5 billion in 2023, according to an indictment announced Friday.

  • May 23, 2025

    Chief Justice Pauses DOGE's FOIA Discovery For Now

    Chief Justice John Roberts temporarily paused discovery Friday into whether the Department of Government Efficiency is an agency subject to Freedom of Information Act requests, giving the initiative a short reprieve as the U.S. Supreme Court considers DOGE's bid to more fully halt a purported "fishing expedition."

  • May 23, 2025

    Mo. Says Starbucks Lacks Grounds To Escape DEI Bias Suit

    The state of Missouri urged a federal judge to reject Starbucks' bid to dismiss its suit claiming its diversity policies discriminate based on race and gender, arguing it has put forward enough evidence showing how the company's practices have harmed its citizens to keep the case in court.

  • May 23, 2025

    9th Circ. Urged To Force ERISA 401(k) Suit Arbitration

    A Los Angeles-based investment management company urged the Ninth Circuit to force individual arbitration of an ex-worker's proposed class action alleging 401(k) mismanagement, arguing a lower court incorrectly concluded an arbitration provision in employees' retirement plan wasn't enforceable because it waived statutory rights under federal benefits law.

  • May 23, 2025

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    A new study found that the total number of shareholder proxy proposals submitted this year dropped significantly after the SEC rescinded past guidance. Meanwhile, a handful of BigLaw firms wrote to members of Congress defending the controversial agreements they made with the Trump administration to avoid executive orders targeting their shops. These are some of the stories in corporate legal news you may have missed in the past week.​

  • May 23, 2025

    2 Firms Tapped To Lead Visa Derivative Suits Over DOJ Claims

    A California federal judge has combined lawsuits accusing Visa's executives and directors of allowing the company to understate the regulatory risk it faced by engaging in anticompetitive actions currently at the center of a lawsuit brought by the U.S. Department of Justice last year, and appointed two law firms to lead the litigation.

  • May 23, 2025

    Lindberg Urges NC Panel To Rebuff 'Ambush' Sanctions Bid

    A convicted billionaire seeking to unravel a receivership order against him has urged the North Carolina Court of Appeals not to scrap his case as a sanction for alleged procedural violations, saying the only gamesmanship afoot is opposing counsel's monthslong "radio silence."

Expert Analysis

  • Deregulation Memo Presents Risks, Opportunities For Cos.

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    A recent Trump administration memo providing direction to agencies tasked with rescinding regulations under an earlier executive order — without undergoing the typical notice-and-review process — will likely create much uncertainty for businesses, though they may be able to engage with agencies to shape the regulatory agenda, say attorneys at Blank Rome.

  • 4th Circ. 'Actionable Inaccuracy' Finding Deepens FCRA Split

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    The Fourth Circuit's March finding in Roberts v. Carter-Young Inc. that an actionable inaccuracy under the Fair Credit Reporting Act can be both legal and factual widens an existing circuit split and should prompt furnishers to review their processes for investigating readily verifiable information, say attorneys at Blank Rome.

  • Action Steps To Prepare For Ramped-Up Export Enforcement

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    In light of recent Bureau of Industry and Security actions and comments, companies, particularly those with any connection to China, should consider four concrete steps to shore up their compliance programs given the administration's increasingly aggressive approach to export enforcement, say attorneys at Gibson Dunn.

  • Series

    Law School's Missed Lessons: Mastering Discovery

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    The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.

  • DOJ Signals Major Shift In White Collar Enforcement Priorities

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    In a speech on Monday, an official outlined key revisions to the U.S. Department of Justice’s voluntary self-disclosure, corporate monitorship and whistleblower program policies, marking a meaningful change in the white collar enforcement landscape, and offering companies clearer incentives and guardrails, say attorneys at McGuireWoods.

  • Breaking Down 4th Circ. 'Actual Knowledge' Ruling For Banks

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    A recent decision from the Fourth Circuit finding that banks must have "actual knowledge" to be found liable for losses arising from an automated clearinghouse transfer warns that the more financial institutions know about a name mismatch issue for any particular transaction, the more liability they may face, say attorneys at Katten.

  • What New Study Means For Recycling Compliance In Calif.

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    Companies must review the California recycling agency's new study to understand its criteria for assessing claims of product and packaging recyclability under a law that takes effect next year, and then decide whether the risks of making such claims in the state outweigh the benefits, say attorneys at Keller & Heckman.

  • Maneuvering The Weeds Of Cannabis Vertical Integration

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    The conversation around vertical integration has taken on new urgency as the cannabis market expands, despite federal reform remaining a distant dream, so the best strategy for cannabis operators is to approach vertical integration on a state-by-state basis, say attorneys at Sweetspot Brands.

  • Russia Sanctions Spotlight: Divergent Approaches Emerge

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    With indications of greater divergence and uncertainty in Russia sanctions policy between the U.K., European Union and U.S., there are four general principles and a range of compliance steps that businesses should bear in mind when assessing the impact of a potentially shifting landscape, says Alexandra Melia at Steptoe.

  • Opinion

    The IRS Shouldn't Go To War Over Harvard's Tax Exemption

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    If the Internal Revenue Service revokes Harvard's tax-exempt status for violating established public policy — a position unsupported by currently available information — the precedent set by surviving the inevitable court challenge could undercut the autonomy and distinctiveness of the charitable sector, says Johnny Rex Buckles at Houston Law Center.

  • Balancing Deep-Sea Mining Executive Order, Int'l Agreements

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    President Donald Trump's recent executive order directing exploration and exploitation of deep-sea mineral resources appears to conflict with the evolving international framework regulating such activities, so companies and investors should proceed with care and keep possible future legal challenges in mind, say attorneys at Dentons.

  • CFTC Memos Clarify When 'Sorry' Still Gets You Subpoenaed

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    A pair of Commodity Futures Trading Commission advisories released in February and April open a new path to self-reporting but emphasize that serious breaches still warrant a trip to the penalty box, prompting firms to weigh whether — and how — to disclose potential violations in the future, say attorneys at Pryor Cashman.

  • The Future Of Privacy Enforcement Under Ferguson's FTC

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    Federal Trade Commission Chair Andrew Ferguson's early actions indicate a marked shift toward a more traditional approach to privacy enforcement, so companies should expect the commission to maintain a strong focus on enforcing Section 5 of the FTC Act in the privacy area, says Kandi Parsons at ZwillGen.

  • Parsing The SEC's New Increased Co-Investment Flexibility

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    The U.S. Securities and Exchange Commission's new co-investment exemptive orders simplify processes and reduce barriers for regulated funds — and rulemaking may evolve further to allow investors access to additional investment opportunities and increase available capital for issuers seeking to raise money from fund complexes, say attorneys at Simpson Thacher.

  • What Employers Should Know Ahead Of H-2B Visa Changes

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    Employers should be aware of several anticipated changes to the H-2B visa program, which allows employers to hire temporary foreign workers, including annual prevailing wage changes and other shifts arising from recent U.S. Supreme Court decisions and the new administration, say Steve Bronars and Elliot Delahaye at Edgeworth Economics, and Chris Schulte at Fisher Phillips.

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