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Compliance
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October 21, 2025
New York's Highest Court Demands Bail Denial Explanation
New York's highest court said a Queens trial court wrongly failed to explain why a man charged with promoting and possessing child pornography was denied bail, reversing an appeals court's dismissal of his habeas petition Tuesday.
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October 21, 2025
CFTC's Pham Expects Spot Crypto Trading By End Of Year
Acting U.S. Commodity Futures Trading Commission Chair Caroline Pham said Tuesday the agency is moving quickly to implement the White House's recommendations for enabling digital asset trading and innovation, with listed spot crypto trading expected to go live this year.
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October 21, 2025
4th Circ. Dubious Of Class Status In Genworth 401(k) Suit
The Fourth Circuit seemed likely Tuesday to unravel a nearly 4,000-member class of Genworth Financial employee 401(k) participants who allegedly saw their retirement savings dragged down by underperforming BlackRock target date funds, given that individual investors' returns varied based on how close they were to retirement.
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October 21, 2025
FCC Urged To Rescind Pulling Of Equipment Testing Labs
Several entities linked to China urged the Federal Communications Commission to reconsider pulling their authorizations to run equipment testing labs in the U.S.
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October 21, 2025
DC Circ. Won't Pause La. LNG Terminal OK Amid FERC Fight
The D.C. Circuit has refused to pause the Federal Energy Regulatory Commission's approval of a massive liquefied natural gas export terminal in Louisiana while environmental groups and fishermen challenge the decision.
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October 21, 2025
Chamber Survey Says Overhaul Doubled Merger Filing Burden
The U.S. Chamber of Commerce on Monday released the results of a small survey indicating that an overhaul of U.S. merger notification requirements, which it's challenging in court, has created a dramatic increase in the time spent by outside counsel and the costs associated with preparing transaction paperwork.
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October 21, 2025
Judge Agrees With United That Wage Suits Are Linked
A suit accusing United Airlines of conspiring to underpay workers is related to another case in which flight attendants are bringing a grievance to arbitration without the Teamsters' support, a California federal judge ruled, turning down a worker's arguments that the cases didn't overlap.
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October 21, 2025
US Targets Nicaragua With Tariffs Over Rights Abuses
The U.S. Trade Representative's Office recommended additional tariffs of up to 100% on Nicaraguan goods after concluding an investigation that human and labor rights abuses in the country imposed a burden on U.S. commerce.
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October 21, 2025
Supreme Court Medina Ruling Erodes Public Health Networks
Healthcare advocates in more than a dozen states are bracing for Planned Parenthood's ouster from public benefit programs after a U.S. Supreme Court decision in June.
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October 20, 2025
Novo Nordisk Trial Kicks Off Over Kickback Allegations
Lawyers in a federal whistleblower lawsuit against drugmaker Novo Nordisk Inc. on Monday offered to take jurors "behind the curtain" of what they claimed was an illegal scheme by the pharmaceutical company to bribe doctors and patients in order to boost sales of a pricey hemophilia drug, NovoSeven.
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October 20, 2025
States, DC Fight Feds' Bid To Cut Billions In OMB Grant Case
Twenty-three states and the District of Columbia have told a Massachusetts federal judge to hold onto their case challenging the Trump administration's use of "a single subclause" buried in a U.S. Office of Management and Budget regulation to shut off billions in federal grants.
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October 20, 2025
NY AG Reaches Deal With Accounting Firm Over Data Breaches
A certified public accounting firm has agreed to pay $60,000 and improve its data security to resolve the New York attorney general's claims that it failed to adequately protect unencrypted Social Security numbers and other personal information swept up in a pair of data breaches or swiftly notify affected clients.
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October 20, 2025
Judge Blocks DOD Schools' Gender, Sex And Race Book Ban
A Virginia federal judge said Monday that the U.S. Department of Defense school system must restore hundreds of books and lessons on race and gender that were pulled under the Trump administration, finding the removals likely violated students' First Amendment rights.
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October 20, 2025
TikTok Must Produce Docs On Anorexic Influencer
A California federal judge on Monday ordered TikTok to produce documents related to Eugenia Cooney, an influencer with anorexia and 2.8 million followers, in litigation over claims social media hurts youth mental health, and also instructed YouTube to yield documents on two of its witnesses.
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October 20, 2025
OCC Chief Says Stablecoin Drain Wouldn't 'Happen Overnight'
A top U.S. banking regulator on Monday downplayed concerns that future growth in interest-earning payment stablecoins could bleed banks of deposits, saying any such shift would be gradual and closely watched by regulators, not a sudden shock to the system.
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October 20, 2025
States Urge Del. High Court To Reject Jarkesy Challenge
State regulators are asking the Delaware Supreme Court to reject an oil-and-gas company's call to apply a recent U.S. Supreme Court decision to state-level securities fraud actions, arguing that a ruling in the company's favor could have "ripple effects" on other states' abilities to pursue alleged fraudsters via administrative courts.
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October 20, 2025
5G Broadcast Called Potential 'Force Multiplier' For Industry
Advocates of federal policies to support 5G Broadcast said the technology can help cellular networks by offloading technology that uses 5G to broadcast television, and other content is not "in competition with mobile networks" but a complement to them.
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October 20, 2025
Zuckerberg Ordered To Testify At 1st Social Media Harm Trial
A Los Angeles judge on Monday ordered Meta Platforms CEO Mark Zuckerberg to testify at an upcoming bellwether trial over major social media technology companies allegedly causing harm to young users' mental health, but put off deciding whether he must testify at future bellwether trials.
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October 20, 2025
IT Company Says Plaintiff In Contract Suit Threatened Worker
An information technology company defending against claims that it committed fraud while performing a contract for online retailer Wayfair LLC told a Texas federal court the plaintiff who brought the suit should be sanctioned for threatening an employee.
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October 20, 2025
Tax Pros Seek Clarity In Energy Supplier Certification Rules
The U.S. Treasury Department should clarify how developers can demonstrate new supplier certification compliance for some clean energy tax credits retooled by the Republican budget law, practitioners said Monday, noting uncertainty over what information could suffice under new restrictions on certain foreign suppliers.
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October 20, 2025
5th Circ. Affirms Fraud Conviction Of Failed Bank's Ex-CEO
A Fifth Circuit panel upheld the conviction of former First NBC Bank CEO Ashton J. Ryan Jr., who was sentenced to 14 years in prison and ordered to pay $215 million in restitution after a jury found him guilty of bank fraud and conspiracy related to the collapse of the Louisiana bank.
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October 20, 2025
Chemical Co. To Tap Compliance Chief In Investor Suit Deal
Shareholders who sued Origin Materials leaders for allegedly concealing a three-year construction delay affecting a planned production facility have urged a California federal court to greenlight a nonmonetary settlement that would see the sustainable chemical manufacturer appoint a chief compliance officer, among other things.
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October 20, 2025
Connecticut Official Had 'Dirtiest Hands Of All,' Jury Told
Former Connecticut school construction director Kosta Diamantis was a "corrupt public official" who pushed local authorities to hire a masonry contractor and a construction management firm that paid him a cut of their negotiated government contracts, prosecutors told a jury during closing arguments Monday.
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October 20, 2025
Biotech Co. Asks SEC For Emergency Delisting Pause
Chinese biotechnology company Shineco Inc. has asked the U.S. Securities and Exchange Commission for an emergency stay of Nasdaq's suspension and delisting of its securities, arguing it will likely succeed in its pending appeal to the stock exchange.
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October 20, 2025
Tax Startup CEO Swindled $13M From Investors, SEC Says
The CEO of a defunct tax-compliance startup lied to investors as she raised $13 million for her company, overstating its revenues by almost 900 times and falsely claiming she was a certified public accountant, the U.S. Securities and Exchange Commission said Monday in California federal court.
Expert Analysis
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Iran Sanctions Snapback Raises Global Compliance Risks
The reimplementation of U.N. sanctions targeting Iran’s nuclear program, under a Security Council resolution's snapback mechanism, and related actions in Europe and the U.K., may change U.S. due diligence expectations and enforcement policies, particularly as they apply to non-U.S. businesses that do business with Iran, says John Sandage at Berliner Corcoran.
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Glimmers Of Clarity Appear Amid Open Banking Disarray
The Consumer Financial Protection Bureau's vacillation over data rights rules has created uncertainty, but a recent proposal is a strong signal that open banking regulations are here to stay, making now the ideal time for entities to take action to decrease compliance risk, says Adam Maarec at McGlinchey Stafford.
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Opinion
High Court, Not A Single Justice, Should Decide On Recusal
As public trust in the U.S. Supreme Court continues to decline, the court should adopt a collegial framework in which all justices decide questions of recusal together — a reform that respects both judicial independence and due process for litigants, say Michael Broyde at Emory University and Hayden Hall at the U.S. Bankruptcy Court for the District of Delaware.
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FTC's Consumer Finance Pivot Brings Industry Pros And Cons
An active Federal Trade Commission against the backdrop of a leashed Consumer Financial Protection Bureau will be welcomed by most in the consumer finance industry, but the incremental expansion of the FTC's authority via enforcement actions remains a risk, say attorneys at Hudson Cook.
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How A New BIS Rule Greatly Expands Export Restrictions
The newly effective affiliates rule from the U.S. Department of Commerce's Bureau of Industry and Security restricts exports to foreign companies that are 50% or more owned by entities listed on the BIS entity list and the military end-user list — a major shift in U.S. export control enforcement, say attorneys at Simpson Thacher.
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Amazon Ruling Marks New Era Of Personal Liability For Execs
A Washington federal court's recent decision in FTC v. Amazon extended personal liability to senior executives for design-driven violations of broad consumer protection statutes, signaling a fundamental shift in how consumer protection laws may be enforced against large public companies, say attorneys at Orrick.
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What Cross-Border Task Force Says About SEC's Priorities
The formation of the U.S. Securities and Exchange Commission's cross-border task force, focused on investigating U.S. federal securities law violations overseas, underscores Chairman Paul Atkins' prioritization of classic fraud schemes, particularly involving foreign entities, say attorneys at Cleary.
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How Gov't Reversals Are Flummoxing Renewable Developers
The Trump administration has reversed numerous environmental and energy policies, some of which have then been reinstated by the courts, making it difficult for renewable energy project developers to navigate the current regulatory environment, says John Watson at Spencer Fane.
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Series
Traveling Solo Makes Me A Better Lawyer
Traveling by myself has taught me to assess risk, understand tone and stay calm in high-pressure situations, which are not only useful life skills, but the foundation of how I support my clients, says Lacey Gutierrez at Group Five Legal.
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Opinion
DOJ's Tracing Rule For Pandemic Loan Fraud Is Untenable
In conducting investigations related to COVID-19 relief fraud, the government's assertion that loan proceeds are nonfungible and had to have been segregated from other funds is unsupported by underlying legislation, precedent or the language establishing similar federal relief programs, say Sharon McCarthy, Jay Nanavati and Lasya Ravulapati at Kostelanetz.
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New Health AI Guidance Features A Provider-Centric Approach
New guidance from the Joint Commission and Coalition for Health AI regarding the responsible use of artificial intelligence in healthcare deviates from preexisting guidance by recommending a comprehensive framework for using AI tools, focusing on healthcare provider organizations rather than on AI developers, say attorneys at Ropes & Gray.
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NY Zelle Suit Highlights Fraud Risks Of Electronic Payments
The New York attorney general's recent action against Zelle's parent company, filed several months after the Consumer Financial Protection Bureau abandoned a similar suit, demonstrates the fraud risks that electronic payment platforms can present and the need for providers to carefully balance accessibility and consumer protection, say attorneys at Weiner Brodsky.
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6th Circ. FirstEnergy Ruling Protects Key Legal Privileges
The Sixth Circuit’s recent grant of mandamus relief in In re: First Energy Corp. confirms that the attorney-client privilege and work-product protections apply to internal investigation materials, ultimately advancing the public interest, say attorneys at Cooley.
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Series
Law School's Missed Lessons: Client Service
Law school teaches you how to interpret the law, but it doesn't teach you some of the key ways to keeping clients satisfied, lessons that I've learned in the most unexpected of places: a book on how to be a butler, says Gregory Ramos at Armstrong Teasdale.
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How Occasional Activists Have Reshaped Proxy Fights
The sophistication and breadth of first-time activist engagement continue to shape corporate governance and strategic outcomes, as evidenced across corporate annual meetings this summer, meaning advisers should anticipate continued innovation in tactics, increased regulatory complexity, and a persistent focus on board accountability, say attorneys at MoFo.