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Compliance
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May 22, 2025
Fla. Can't End Tech Groups' Challenge To Social Media Law
A Florida federal judge on Thursday denied the state's motion to dismiss a complaint brought by technology groups challenging a Florida law restricting social media companies from blocking political candidates, ruling that the plaintiffs have standing to sue on behalf of their members.
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May 22, 2025
Calif. Docs Bring FDA Stem Cell Regulation Fight To Top Court
Two California clinics that provide stem cell treatments are urging the U.S. Supreme Court to review a Ninth Circuit panel's finding that their treatments are "drugs" subject to Food, Drug and Cosmetic Act regulations.
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May 22, 2025
Justices Urged To Undo Denial Of Fast Track For Gastro Drug
Vanda Pharmaceuticals Inc. is asking the U.S. Supreme Court to reverse the Food and Drug Administration's decision denying fast-track approval for its gastroparesis drug tradipitant, saying it meets the statutory standard for fast-track review as a new treatment with the "potential to address unmet medical needs."
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May 22, 2025
Calif. Judge Likely To Extend Block On Gov't Reorg, Job Cuts
A California federal judge indicated Thursday she'll likely convert her temporary restraining order into a preliminary injunction against President Donald Trump's executive order to reduce the federal workforce, saying the law "seems clear" that presidents cannot issue large-scale agency reductions without congressional approval and "to hold otherwise" would contradict nine previous presidents and 21 congresses.
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May 22, 2025
EpiPen Direct Buyers, Mylan Get Final OK On Antitrust Deal
Mylan Pharmaceuticals' $73.5 million settlement with a class of direct EpiPen buyers has received final approval from a Kansas federal judge, closing out claims from institutional drug resellers that Mylan worked with Pfizer to forestall an EpiPen generic from hitting the market and artificially inflating prices for the emergency injectable.
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May 22, 2025
As Trump Wields FCA, Whistleblowers May See 'Dollar Signs'
The Trump administration's plan to use the False Claims Act to target diversity programs and alleged civil rights fraud steers a well-worn statute into uncharted territory, and could spur significant whistleblower activity amid high-profile battles with Harvard University, BigLaw firms and other institutions, experts told Law360.
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May 22, 2025
Life Insurer Strikes $335K Deal In Data Breach Suit
A woman who said her personal information was potentially compromised in a 2023 data breach at a life insurance and financial planning company asked a Connecticut federal court to sign off on the parties' settlement agreement, which would create a $335,000 settlement fund to resolve her proposed class action.
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May 22, 2025
Ill. AG, Trump Tower Strike $4.8M Deal To End Wastewater Row
Illinois' attorney general announced Thursday that the state has struck a deal with the owners of Trump International Hotel and Tower in Chicago to resolve litigation over the hotel's continual underreporting of the amount of wastewater it discharges into the Chicago River, in violation of environmental laws.
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May 22, 2025
No COVID-19 Coverage For Hotel REIT, Texas Panel Affirms
A group of insurers has no obligation to cover an Austin, Texas-based real estate investment trust's pandemic-related losses, a state appellate court ruled Thursday, finding that a contamination exclusion in the REIT's policies unambiguously bars coverage.
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May 22, 2025
Fla. Man Gets 6 Years For Laundering $1M Into Bitcoin
A Florida man was sentenced Thursday to six years in prison for running a "no questions asked" business that converted more than $1 million into bitcoin to help others — including romance scammers and a drug dealer — hide their funds, federal prosecutors in Massachusetts said.
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May 22, 2025
Federal Gov't Backs States' BlackRock Coal Investments Suit
The federal government on Thursday threw its support behind a case from Texas and several other states that accuses investment groups including BlackRock Inc. of using their energy holdings to drive up coal prices under the guise of environmental concerns.
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May 22, 2025
Neb. Gov. Rejects Letting Districts Tax Outside Property
A Nebraska bill to let some local taxing districts impose taxes on property outside their boundaries, and to create statewide standards for inspections by public housing authorities, was vetoed by the state's governor.
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May 22, 2025
Congress Kills Calif. EV Program Waiver, Other Climate Rules
Congress on Thursday sent President Donald Trump four resolutions undoing U.S. Environmental Protection Agency actions, including the Biden-era approval of California's effort to ban the sale of gas-powered vehicles in the state, drawing a promise of litigation from the state.
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May 22, 2025
Justices Allow Trump To Fire NLRB, MSPB Members, For Now
The U.S. Supreme Court on Thursday ruled two fired members of the National Labor Relations Board and the Merit Systems Protection Board cannot return to work while they challenge President Donald Trump's authority to fire them without cause, handing the president a win in his crusade against a 90-year-old precedent limiting his power to fire employees at independent agencies.
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May 22, 2025
Judge Asks If DEI Is Now 'Homogeneity, Inequity And Exclusion'
A Massachusetts federal judge considering a challenge to the Trump administration's cuts to hundreds of National Institutes of Health grants pressed the U.S. Department of Justice on Thursday for its definition of diversity, equity and inclusion, at one point asking hypothetically whether the government's policy is now "homogeneity, inequity and exclusion."
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May 22, 2025
Michigan Seeks 6th Circ. Rehearing In Enbridge Pipeline Row
Michigan Gov. Gretchen Whitmer has asked the full Sixth Circuit to find she is protected by sovereign immunity from an Enbridge Energy lawsuit to halt her efforts to shut down an oil and natural gas pipeline.
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May 22, 2025
GOP FTC Drops Dems' Pepsi Price Discrimination Suit
The Republican-controlled Federal Trade Commission on Thursday dropped one of the last cases approved by agency Democrats before they handed over the gavel, abandoning a New York federal court complaint accusing Pepsi of giving a big box retailer better terms and promotional payments than smaller competitors.
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May 22, 2025
Silvergate Estate To Chip In For $37.5M Investor Settlement
Silvergate Capital and investors suing over its collapse have reached a $37.5 million deal with a "rare" source of partial funding to resolve claims that the failed crypto-focused bank misrepresented its safeguards against onboarding customers like FTX, the fraud-ridden crypto exchange that made up roughly a sixth of the bank's deposit base.
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May 22, 2025
Conn. AG Targets 'Bootleg' Weight Loss Drug Sellers
Connecticut has launched a consumer protection lawsuit in state court against a Florida-based company and its owner, accusing them of peddling untested and unsafe, research-level, "bootleg" GLP-1 weight loss drugs to customers.
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May 22, 2025
Contractor Settles DOJ's Aircraft Adhesive FCA Allegations
A federal contractor paid to make an external pod to carry communications equipment on military aircraft agreed to pay $512,000 to resolve allegations that it misrepresented or omitted important information regarding the adhesive used in a prototype as well as the testing procedures used on that prototype.
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May 22, 2025
Mass. Justices Say Worker's Raise Doesn't Doom Bias Claim
Massachusetts' top court on Thursday found that an employer may still face a discrimination claim for an alleged retaliatory action for union activity, even if the move left the worker with a pay bump.
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May 22, 2025
Senior FCC Democrat Attends Final Monthly Meeting
Geoffrey Starks, the senior Democrat on the Federal Communications Commission, participated in his last agency meeting Thursday, where he announced he will leave the agency sometime within the next month.
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May 22, 2025
High Court Declines To Narrow Reach Of Federal Fraud Law
The U.S. Supreme Court on Thursday held that using deceptive means to induce a business transaction may still be a crime even if the defendant doesn't seek to cause economic loss, a departure from earlier decisions that have narrowed the scope of federal fraud statutes.
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May 21, 2025
OCC 'Erred Across The Board,' Ex-Wells Fargo Exec Says
A former Wells Fargo risk officer has asked the Eighth Circuit to vacate steep sanctions that a top U.S. regulator imposed over her alleged role in the bank's fake accounts scandal, arguing she has been unfairly scapegoated and unconstitutionally prosecuted.
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May 21, 2025
Fox Accuses Smartmatic Of Destroying 'Critical' Evidence
Fox News on Wednesday called for Smartmatic to be sanctioned, claiming that nearly two-dozen executives and other employees at the voting tech company destroyed "critical" evidence related to the company's defamation case against the television network, an accusation that comes a week after Smartmatic said Fox deleted relevant texts.
Expert Analysis
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Cos. Must Assess And Prepare For Cartel-Related FCPA Risks
Given the Trump administration’s strong signaling that it will focus on drug cartels and transnational criminal organizations when it resumes Foreign Corrupt Practices Act enforcement, global businesses should refresh their risk assessments and conduct enhanced due diligence to account for these shifting priorities, say attorneys at Morgan Lewis.
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Mitigating Import Risks Around Southeast Asian Solar Cells
The U.S. Department of Commerce's recent final determinations in its antidumping and countervailing duty investigations into solar cells produced in certain Southeast Asian countries make it important for U.S. purchasers to consider risk mitigation strategies, including modifying supply chains and contractually assigning import responsibilities, say attorneys at Morgan Lewis.
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AT&T Decision May Establish Framework To Block FCC Fines
The Fifth Circuit's recent decision in AT&T v. FCC upends the commission's authority to impose certain civil penalties, reinforcing constitutional safeguards against administrative overreach, and opening avenues for telecommunications and technology providers to challenge forfeiture orders, say attorneys at HWG.
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Reassessing Corporate Separateness After Explosion Of LLCs
Following the dramatic increase of limited liability companies in the U.S., the Corporate Transparency Act's enactment and the Trump administration's subsequent narrowing of that law, it's worth revisiting the underlying legal principles that govern shell companies in order to remedy the problems that initially motivated the CTA, says Jeff Newton at Omni Bridgeway.
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What Banks Should Note As Regulators Plan To Nix CRA Rule
While federal bank regulators’ recently announced intent to rescind a Biden-era Community Reinvestment Act final rule will loosen the framework for evaluating banks’ lending, service and investing activities, the decision means industry innovations and changes will remain unaddressed, say attorneys at Alston & Bird.
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Fines Against Apple, Meta Set Digital Markets Act Precedent
The European Commission's recent fines against Apple and Meta, the first under the Digital Markets Act, send a clear message that the act's reach and influence on regulatory thinking is global, say lawyers at Waterfront Law.
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Addressing PFAS Risks In Public Company Disclosures
As individual lawsuits and class actions over PFAS risks spanning multiple sectors and products increase, and rapidly evolving and often unclear regulatory initiatives on both the federal and state levels proliferate, it's more important than ever for companies to know how and when to complete PFAS-related disclosures, say attorneys at Venable.
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Takeaways From DOJ's Latest FCA Customs Fraud Intervention
The U.S. Department of Justice's recent intervention in a case alleging customs-related reverse False Claims Act fraud underlines the government’s increased scrutiny of, and importers’ corresponding exposure from, information related to product classification, country of origin and pricing, say attorneys at Bass Berry.
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4 Trends Responsible For Declining FLSA Filings
In 2024, the number of Fair Labor Standards Act claims filed in federal courts continued to decrease, reflecting a steady decline in federal FLSA filings since 2015 due to a few trends, including increased compliance and presuit resolution, say attorneys at Seyfarth.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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CFPB Vacatur Bid Sheds Light On Agency Decision-Making
While the CFPB's joint motion to vacate the settlement it reached with Townstone Financial last year won't affect precedent on the Equal Credit Opportunity Act's scope, it serves as a road map to CFPB decisional processes and provides insight into how other regulators make similar decisions, says Jason McElroy at Saul Ewing.
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4 Legislative Proposals Reflect Growing Scrutiny Of Pharma IP
Bipartisan legislative momentum in Congress, including a recent package of bills targeting exclusivity strategies that delay generic and biosimilar competition, signals growing scrutiny of life sciences intellectual property strategies, so biologics companies and investors must pay attention to new strategic, compliance and litigation risks, says Olga Berson at Thompson Coburn.
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The Potential Efficiencies, Risks Of Folding PCAOB Into SEC
Integrating the Public Company Accounting Oversight Board into the U.S. Securities and Exchange Commission offers the potential for regulatory efficiencies, as well as a more streamlined and consistent enforcement approach, but it also presents constitutional and operational uncertainties, say attorneys at Hilgers Graben.
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What To Watch For As High Court Mulls NRC's Powers
If successful, Texas’ challenges to the U.S. Nuclear Regulatory Commission’s authority — recently heard by the U.S. Supreme Court and currently pending before a Texas federal court — may have serious adverse consequences for aspiring NRC licensees, including potential nuclear power plant operators, say attorneys at Haynes Boone.