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Compliance
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May 13, 2025
DOJ Criminal Division Head Dangles Self-Disclosure 'Carrot'
The U.S. Department of Justice unveiled a revised corporate enforcement policy Monday that offers companies a "clear path" to avoid criminal resolutions when they voluntarily self-disclose misconduct, a boon for American businesses that further scales back the scope of white collar enforcement under the Trump administration.
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May 13, 2025
Feds Want 2½ Years For Ex-Alvarez & Marsal CPA In Tax Case
A onetime managing director at consulting firm Alvarez & Marsal should spend two-and-a-half years in prison as punishment for failing to file his personal taxes and lying on a mortgage application, prosecutors told a D.C. federal judge.
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May 13, 2025
Mass. Contractor To Pay $10M For Alleged Overcharges
Massachusetts-headquartered government contractor NORESCO LLC has agreed to pay $9.6 million to settle allegations that it overcharged multiple federal agencies for energy efficiency improvements, the U.S. Attorney's Office in Boston announced Tuesday.
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May 13, 2025
Morgan Lewis Adds Ex-Dechert Registered Funds Pro In NY
Morgan Lewis & Bockius LLP has added a registered funds specialist who previously served over 20 years with Dechert LLP as a partner in its New York office, the firm announced Tuesday.
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May 12, 2025
3M Says It'll Pay $285M To End Past, Future NJ PFAS Claims
3M has agreed to shell out $285 million to put to rest environmental claims brought by New Jersey officials over purported PFAS contamination at the Chamber Works manufacturing facility in Salem County as well as statewide claims the Garden State may have in the future, according to an announcement made Monday.
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May 12, 2025
Missouri Hit With Sanctions In Generics Price-Fixing Fight
A Connecticut federal judge Monday agreed to sanction and potentially dismiss for good the state of Missouri from antitrust litigation by state enforcers accusing generic-drug makers of conspiring to raise drug prices, finding Missouri violated a court order by ignoring the drugmakers' repeated discovery requests.
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May 12, 2025
Amazon Cites FTC Take On Online Shopping Law In Prime Suit
Amazon has asked a federal court to either allow it to present evidence of the Federal Trade Commission's statements about the clarity of the Restore Online Shoppers' Confidence Act or permit it to bring the matter to the Ninth Circuit, arguing the issue must be resolved sooner rather than later.
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May 12, 2025
Feds Say Tribal Tariff Dispute Must Stay In US Trade Court
The U.S. Department of Homeland Security is fighting Montana tribal members' attempt to stop the transfer of their lawsuit challenging President Donald Trump's Canada tariff orders from federal court to the U.S. Court of International Trade, saying the CIT has exclusive jurisdiction over the case.
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May 12, 2025
DC Circ. Has 'Duty To Intervene' To Protect CFPB, Union Says
A union representing employees of the Consumer Financial Protection Bureau has urged the D.C. Circuit to keep in place a lower court injunction barring the agency from stopping work and firing staff, asserting ahead of oral arguments this week that the Trump administration is trying to "place the executive branch above the law."
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May 12, 2025
GOP Sens. Urge FCC To Overhaul Media Ownership Regs
Almost two dozen Republican senators have asked the Federal Communications Commission to "modernize the FCC's broadcast ownership rules," loosening regulations to allow "local broadcasters to compete with today's media giants."
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May 12, 2025
Mass. Court Says NIH Grant Disruption Suit Is In The Right Place
A Massachusetts federal court ruled Monday that it has jurisdiction over several states' lawsuit challenging delays and cancellations of federal grant programs linked to issues they say are "disfavored" by the Trump administration, rejecting the federal government's contention that the claims instead belonged in the U.S. Court of Federal Claims.
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May 12, 2025
SEC's Atkins Outlines Crypto Policy Plans At Roundtable
U.S. Securities and Exchange Commission Chairman Paul Atkins told crypto industry participants on Monday that developing rules for digital asset markets would be a "key priority" of his chairmanship during a keynote address that promised to focus the agency's enforcement approach on fraud and manipulation.
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May 12, 2025
Tribal Co. Hit With Class Suit Over High Interest Rates
Bright Lending was hit Friday with a proposed racketeering class action in Florida, claiming the online payday lender charges illegal interest rates on short-term loans and hides behind a Native American tribe in Montana to escape legal claims.
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May 12, 2025
Feds Ask Tesla For More Info On Texas Robotaxi Launch
Federal auto safety regulators have asked Tesla Inc. for more information about its upcoming plans to launch robotaxis in Austin, Texas, and whether the company has determined that its Full Self-Driving, or FSD, automated driving technology can achieve "acceptably safe behavioral competency."
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May 12, 2025
CFPB Eyes Reversal Of Biden-Era In-House Proceeding Rules
The Consumer Financial Protection Bureau on Monday moved to scrap rules from the Biden administration that gave the agency's director more control over in-house enforcement proceedings, a rollback that comes on the heels of President Donald Trump striking two other Biden-era rules on overdraft fees and digital payment supervision.
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May 12, 2025
Green Groups Fight Feds' Effort To Rescind Bird Protections
Environmental groups on Sunday asked a Texas federal court to reject the U.S. Fish and Wildlife Service's effort to reverse its decision to protect two populations of the lesser prairie-chicken under the Endangered Species Act.
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May 12, 2025
AGs Call Sandoz Deal's Consumer-Side Benefits 'Illusory'
Dozens of state attorneys general asked a Pennsylvania federal judge to permit intervention into a $275 million settlement resolving generic-drug price-fixing claims from end-payor plaintiffs against Sandoz, arguing the deal threatens relief for consumers and warning that the agreement favors insurers over individuals.
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May 12, 2025
Ex-Ga. Teacher Aims To Keep COVID Leave Claims Alive
A former Fulton County, Georgia, teacher who said she was forced out of her job by her district's refusal to accommodate her disability during the COVID-19 pandemic has urged a federal judge to keep her suit alive, objecting to a magistrate judge's finding that she waited too long to act on her allegations.
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May 12, 2025
More Than Defaults: Google Judge Mulls AI, Search, Browsers
A D.C. federal judge has three weeks to figure out the last questions he'll ask the U.S. Department of Justice and Google before laying out search monopolization remedies that could help shape the way consumers search, browse and use artificial intelligence.
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May 12, 2025
SIFMA Calls On SEC To Develop 'Clear' Crypto Framework
The Securities Industry and Financial Markets Association has sent lengthy feedback to the U.S. Securities and Exchange Commission on how it views the agency's responsibilities toward crypto investors, calling on the agency to adopt a "clear, consistent and consensus-driven" framework for digital assets.
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May 12, 2025
9th Circ. Asks Wash. Justices About Fake Discount CPA Suit
The Ninth Circuit has called on Washington state's highest court to clarify whether a shopper who claims she purchased leggings from clothing retailer Aéropostale based on an alleged fake discounting scheme has suffered harm covered by the state Consumer Protection Act.
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May 12, 2025
Ohio AG Will Ask 6th Circ. To Revive Social Media Age Limit
Ohio Attorney General Dave Yost announced Monday that he is appealing a federal court decision blocking the state's law barring social media companies from allowing children under 16 to create accounts without parental consent.
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May 12, 2025
DC Judge Declines To Block IRS From Sharing Info With ICE
A D.C. federal judge rejected Monday a trio of immigration advocacy groups' request to block the Internal Revenue Service from sharing with immigration enforcement agencies the names and addresses of people suspected of being in the country illegally.
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May 12, 2025
9th Circ. Questions Vegas Casino Room Rate Claims
A skeptical Ninth Circuit panel had questions Monday for guests accusing Las Vegas casino-hotel operators of using the same software to inflate room rates about what they need to show for their algorithmic pricing claims to survive.
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May 12, 2025
Feds Should Relax CBRS Power Limits, Carriers Say
Telecom carriers asked the Federal Communications Commission to accept industry proposals to relax power limits for devices in the Citizens Broadband Radio Service in hopes of opening the prime spectrum for more rapid growth.
Expert Analysis
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NM Case Shows Power Of Environmental Public Nuisance Law
A recent ruling from a New Mexico appeals court finding that a pattern of environmental violations, even without any substantial impact on a nearby community, can trigger nuisance liability — including potential damages and injunctive relief — has important implications for regulated entities in the state, says Kaleb Brooks at Spencer Fane.
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McKernan-Led CFPB May Lead To Decentralized Enforcement
Though Jonathan McKernan’s confirmation as director would likely mean a less active Consumer Financial Protection Bureau, the decreased federal oversight could lead to more state-led investigations, multistate regulatory actions and private lawsuits under consumer protection laws, says Jonathan Pompan at Venable.
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Include State And Local Enforcers In Cartel Risk Evaluations
Any reassessment of enforcement risk following the federal designation of drug cartels as foreign terrorist organizations should include applicable state and local enforcement authorities, which have powerful tools, such as grand jury subpoenas and search warrants, that businesses would be wise to consider, say attorneys at King & Spalding.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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How Justices Rule On Straight Bias May Shift Worker Suits
Following oral argument at the U.S. Supreme Court in Ames v. Ohio Department of Youth Services, in which a heterosexual woman sued her employer for sexual orientation discrimination, the forthcoming decision may create a perfect storm for employers amid recent attacks on diversity, equity and inclusion, say attorneys at Proskauer.
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How Del. Supreme Court, Legislature Have Clarified 'Control'
The Delaware Supreme Court's January decision in In re: Oracle and the General Assembly's passage of amendments to the Delaware General Corporation Law this week, when taken together, help make the controlling-stockholder analysis clearer and more predictable for companies with large stockholders, say attorneys at Baker Botts.
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What To Expect For Stem Cell Regulation Under Trump Admin
The new administration's push for deregulation, plus the post-Chevron legal landscape, and momentum from key political and industry players to facilitate stem cell innovation may create an opportune backdrop for a significant reduction in the U.S. Food and Drug Administration's regulatory framework for stem cells, say attorneys at Sheppard Mullin.
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Opinion
SEC Shouldn't Complicate Broker-Dealers' AML Compliance
Recent U.S. Securities and Exchange Commission anti-money laundering enforcement actions show that regulators should not second-guess broker-dealers' reasonable judgment, or stretch the law or their jurisdiction to regulate through enforcement, lest they expect broker-dealers to vigorously defend their AML programs, say attorneys at WilmerHale.
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Executive Orders Paving Way For New Era Of Crypto Banking
Recent executive orders have already significantly affected the day-to-day operations of financial institutions that have an interest in engaging with digital assets, and creating informed strategies now can support institutions as the crypto gates continue to open to the banking industry, say attorneys at Spencer Fane.
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PG&E Win Boosts Employers' Defamation Defense
A California appeals court's recent Hearn v. PG&E ruling, reversing a $2 million verdict against PG&E related to an ex-employee’s retaliation claims, provides employers with a stronger defense against defamation claims tied to termination, but also highlights the need for fairness and diligence in internal investigations and communications, say attorneys at Kaufman Dolowich.
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How Calif. Algorithmic Pricing Bills Could Affect Consumers
California's legislative efforts to regulate algorithmic pricing may address antitrust and fairness concerns, but could stop retailers from providing consumer discounts, says Alyssa Sones at Sheppard Mullin.
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Justices' False Statement Ruling Curbs Half-Truth Liability
The U.S. Supreme Court’s recent Thompson v. U.S. decision clarified that a federal statute used to prosecute false statements made to bank regulators only criminalizes outright falsehoods, narrowing prosecutors’ reach and providing defense counsel a stronger basis to challenge indictments of merely misleading statements, says Tamara de Silva at De Silva Law Offices.
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Jurisdiction Argument In USAID Dissent Is Up For Debate
A dissent refuting the U.S. Supreme Court’s recent order directing the U.S. Agency for International Development to pay $2 billion in frozen foreign aid argued that claims relating to already-completed government contract work belong in the U.S. Court of Federal Claims – answering an important question, but with a debatable conclusion, says Steven Gordon at Holland & Knight.
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How Importers Can Minimize FCA Risks Of Tariff Mitigation
False Claims Act risks are inherent in many tariff mitigation strategies, making it important for importers to implement best practices to identify and report potential violations of import regulations before they escalate, says Samuel Finkelstein at LMD Trade Law.
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Explaining CFPB's Legal Duties Under The Dodd-Frank Act
While only Congress can actually eradicate the Consumer Financial Protection Bureau, the Trump administration has sought to significantly alter the agency's operations, so it's an apt time to review the minimum baseline of activities that Congress requires of the CFPB in Title X of the Dodd-Frank Act, say attorneys at Bradley Arant.