Compliance

  • May 24, 2024

    FCC Probing Unauthorized Navigation Satellite Signals In US

    The Federal Communications Commission is continuing its investigation into U.S. phones receiving unauthorized Russian and Chinese navigation satellite signals, but FCC Chair Jessica Rosenworcel told lawmakers last week that she didn't have much more to share on the inquiry.

  • May 24, 2024

    Coinbase Says Crypto Securities Question Is Ripe For Review

    Crypto exchange Coinbase again urged a Manhattan federal judge to send to the Second Circuit the question of whether digital assets meet the definition of investment contracts, saying the question could "shape or distort a multitrillion-dollar industry."

  • May 24, 2024

    CFPB Will Ask DC Circ. To Rescue Rule Challenged By PayPal

    The Consumer Financial Protection Bureau said Friday it will appeal a Washington, D.C., federal judge's recent decision that sided with payments giant PayPal in its lawsuit challenging the agency's extension of certain prepaid card regulations to digital wallets.

  • May 24, 2024

    Any Coloradan Can Enforce Open Meetings Law, Panel Says

    The Colorado Court of Appeals has sided with an attorney who has filed dozens of open meetings law claims against government bodies in the state, finding that the attorney has standing to sue a school board even though he lives hundreds of miles away.

  • May 24, 2024

    IRS Corrects Notice On Bonus Energy Tax Credit Safe Harbors

    The Internal Revenue Service and U.S. Department of the Treasury issued a correction Friday to a notice providing additional safe harbors that clean energy project developers can use to qualify for bonus tax credits for domestically sourcing their steel and aluminum parts.

  • May 24, 2024

    DOJ's Live Nation-Ticketmaster Suit: What You Should Know

    The U.S. Department of Justice and a slew of state attorneys general filed a suit challenging the 2010 merger of Ticketmaster and Live Nation. Here, catch up on Law360's coverage of the deal and those who have challenged it along the way – Taylor Swift fans, investors and regulators.

  • May 23, 2024

    CFPB's 1st Try At BNPL Regulation Could Set Stage For More

    The Consumer Financial Protection Bureau's new guidance that treats buy-now, pay-later firms more like credit card companies is drawing industry grumbles about "apples to oranges" comparisons, but consumer advocates say that applying additional credit card-esque rules would be the cherry on top.

  • May 23, 2024

    Entrepreneur Ordered To Pay $15M For Unlicensed Pot Stores

    A New York state court hit a cannabis seller with a $15 million judgment Thursday after he was found to be selling marijuana without a license at seven locations inside the state, according to an announcement by the state's attorney general.

  • May 23, 2024

    FTC Blasts Amazon's 'Unbelievable' Claims About Signal Use

    The Federal Trade Commission on Thursday again pressed a Washington federal court to force Amazon to hand over documents regarding the company's communication preservation practices, calling Amazon's claims that executives never used the encrypted app Signal to discuss business practices relevant to the antitrust fight "unbelievable."

  • May 23, 2024

    Latham, Cravath Rep Live Nation In DOJ Ticketmaster Battle

    In the battle against the U.S. Department of Justice's push to break up Live Nation and Ticketmaster, the concert promotion and ticketing company has called upon a team of attorneys at Cravath Swaine & Moore and Latham & Watkins to go up against a large roster of highly experienced government antitrust attorneys.

  • May 23, 2024

    EU Fines Mondelez €338M For Curbing Snack Competition

    The European Commission on Thursday fined U.S.-headquartered multinational snack company Mondelez International Inc. €337.5 million ($365.74 million) for entering into anticompetitive trade agreements with resellers and abusing its position as a chocolate giant to maintain high prices.

  • May 23, 2024

    Ex-Autonomy CEO Lynch Takes Stand In 'Surreal' Fraud Trial

    Autonomy founder Michael Lynch took the stand Thursday in a criminal trial in California federal court over claims he lied to HP about his software company's financial health before the tech giant paid $11.7 billion for it in 2011, saying the trial has been "surreal" and he didn't set out to defraud HP.

  • May 23, 2024

    Ex-Bank CEO Cops To Embezzling $47M To Pay Crypto Scam

    Heartland Tri-State Bank's former chief executive pled guilty Thursday in Kansas federal court to embezzling $47 million that he wired to cryptocurrency accounts controlled by fraudsters after falling victim to a "pig butchering" scam, which led to the bank's collapse and subsequent shutdown last summer.

  • May 23, 2024

    FCC Defends Nielsen Data In Low-Power TV Licensing Suit

    The Federal Communications Commission is defending its use of Nielsen statistics to determine if a low-power TV station should receive protections provided under a 2022 law aimed at safeguarding local and rural broadcasting.

  • May 23, 2024

    House Panel Moves Data Privacy Bill, While Vowing Revisions

    A U.S. House of Representatives subcommittee on Thursday advanced a bipartisan proposal to create a nationwide framework for how companies use and share consumers' personal information, despite lawmakers on both sides of the aisle acknowledging that more work needs to be done to further refine the measure.

  • May 23, 2024

    Green Groups Sue Colo. Over Factory Farm Pollution Regs

    Two environmental groups on Thursday urged a Colorado state court to review the Centennial state's decision to issue a permit allowing large animal feeding facilities to operate without monitoring requirements, saying waterways and the public are being exposed to dangerous toxins produced by thousands of animals.

  • May 23, 2024

    SEC Opens Gate To Ether ETFs, But Firms Await Green Light

    The U.S. Securities and Exchange Commission started the process of bringing exchange-traded funds holding the cryptocurrency ether to market on Thursday when it approved a series of filings permitting national securities exchanges to list the products, leaving firms to wait for the next step before trading can begin.

  • May 23, 2024

    RFK Jr.'s Anti-Vax Suit Against Wash. AG Tossed

    A Washington federal judge has dismissed a lawsuit brought by Robert F. Kennedy Jr. on behalf of NBA legend John Stockton trying to shield doctors who make anti-vaccine statements, ruling claims that a medical board probe has chilled speech are speculative.

  • May 23, 2024

    JP Morgan Inks $200M CFTC Deal Over Supervision Failures

    J.P. Morgan Securities LLC on Thursday agreed to pay a $200 million civil penalty to resolve charges from the U.S. Commodity Futures Trading Commission accusing the investment management company of more than a decade of trade surveillance failures, including failing to capture billions of orders on one venue.

  • May 23, 2024

    Feds Ask 5th Circ. To Weigh Highway GHG Rule Vacatur

    The Biden administration has asked the Fifth Circuit to review a Texas district court's recent decision vacating a Federal Highway Administration rule that would've required states to set targets for reducing greenhouse gas emissions from federally funded highway projects.

  • May 23, 2024

    NC Justices Back Manufacturer Tax Break For Contractor

    The North Carolina Supreme Court on Thursday backed a $130,000 tax break for an asphalt maker, upholding a lower court's decision that the company qualified for an exemption reserved for manufacturers even though it sold just a small portion of its product.

  • May 23, 2024

    Governance In Focus As ESG Gains Ground This Proxy Season

    Support for corporate governance and compensation shareholder proposals has reached a five-year high this year, while support for environmental and social proposals has risen slightly after two years of decline, according to a new report.

  • May 23, 2024

    DOJ Has A Long Set To Play Against Live Nation-Ticketmaster

    The U.S. Department of Justice antitrust lawsuit announced Thursday against Live Nation and Ticketmaster's dominance over performing artists, venues and tickets may have been 14 years in the making, but it still has a long road ahead in New York federal court.

  • May 23, 2024

    'Not Us At Our Best:' SEC's Top Cop Talks Debt Box Error

    The U.S. Securities and Exchange Commission's enforcement director Gurbir Grewal took responsibility Thursday for his agency's sanctioned actions in a lawsuit against crypto project Debt Box, saying that the case did not represent the agency "at our best" but was not a sign that there were any widespread problems with the way it conducts its enforcement proceedings. 

  • May 23, 2024

    Big Banks Hit With Claims Of Turning Man Into 'Money Mule'

    A wealthy Texas entrepreneur says Morgan Stanley, Merrill Lynch, Charles Schwab and Deutsche Bank turned him into a "money mule" by using his accounts to launder billions of dollars over multiple decades, alleging a conspiracy also involving his family and a prominent lawyer that cost him millions.

Expert Analysis

  • 10 Ransomware Issues GCs Should Have On Their Radar

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    As the ransomware threat landscape rapidly evolves, in-house counsel should expect to face a number of challenging dynamics, including the need to justify any ransom payments both to internal and external stakeholders, and data extortion demands that are bypassing the encryption stage, say attorneys at Alston & Bird.

  • Opinion

    The SEC Is Engaging In Regulation By Destruction

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    The U.S. Securities and Exchange Commission's recent use of regulation by enforcement against digital assets indicates it's more interested in causing harm to crypto companies than providing guidance to the markets or protecting investors, says J.W. Verret at George Mason University.

  • Former Minn. Chief Justice Instructs On Writing Better Briefs

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    Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.

  • Preparing For Possible Calif. Criminal Antitrust Enforcement

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    Though a recent announcement that the California Attorney General's Office will resume criminal prosecutions in support of its antitrust enforcement may be mere saber-rattling, companies and their counsel should nevertheless be prepared for interactions with the California AG's Antitrust Section that are not limited to civil liability issues, say Dylan Ballard and Lillian Sun at V&E.

  • What To Know About IRS' New Jet Use Audit Campaign

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    The Internal Revenue Service recently announced plans to open several dozen audits scrutinizing executive use of company jets, so companies should be prepared to show the business reasons for travel, and how items like imputed income and deduction disallowance were calculated, say attorneys at Morgan Lewis.

  • ShapeShift Fine Epitomizes SEC's Crypto Policy, And Its Flaws

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    A recent U.S. Securities and Exchange Commission order imposing a fine on former cryptocurrency exchange ShapeShift for failing to register as a securities dealer showcases the SEC's regulation-by-enforcement approach, but the dissent by two commissioners raises valid concerns that the agency's embrace of ambiguity over clarity risks hampering the growth of the crypto economy, says Keith Blackman at Bracewell.

  • 2nd Circ. Adviser Liability Ruling May Shape SEC Enforcement

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    The Second Circuit’s recent decision in U.S. Securities and Exchange Commission v. Rashid, applying basic negligence principles to reverse a finding of investment adviser liability, provides a road map for future fraud enforcement proceedings, says Elisha Kobre at Bradley Arant.

  • Stay Interviews Are Key To Retaining Legal Talent

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    Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.

  • Overdraft Opt-In Practices Hold Risks For Banks

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    A recent Consumer Financial Protection Bureau action against Atlantic Union Bank regarding overdraft opt-in sales practices highlights compliance risks that financial institutions must be aware of, especially when enrolling customers by phone, says Kristen Larson at Ballard Spahr.

  • AI In Accounting Raises OT Exemption Questions

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    A recent surge in the use of artificial intelligence in accounting work calls into question whether professionals in the industry can argue they are no longer overtime exempt under the Fair Labor Standards Act, highlighting how technology could test the limits of the law for a variety of professions, say Bradford Kelley at Littler and Stephen Malone at Peloton Interactive.

  • New Concerns, Same Tune At This Year's SIFMA Conference

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    At this year's Securities Industry and Financial Markets Association conference on legal developments affecting the financial services industry, government regulators’ emphasis on whistleblowing and AI washing represented a new refrain in an increasingly familiar chorus calling for prompt and thorough corporate cooperation, say attorneys at Fried Frank.

  • Ruling In La. May Undercut EPA Enviro Justice Efforts

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    A Louisiana federal court's recent decision in Louisiana v. U.S. Environmental Protection Agency will likely serve as a template for other states to oppose the EPA's use of disparate impact analyses in Title VI civil rights cases aimed at advancing environmental justice policies and investigations, say Jonathan Brightbill and Joshua Brown at Winston & Strawn.

  • Opinion

    Intoxicating Hemp Products: It's High Time For Clarity

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    Thanks to ambiguity in the 2018 Farm Bill, intoxicating hemp cannabinoid products are largely unregulated and are widely available without restrictions on who can buy the products, and although there are several possible solutions, voluntary industry action by good actors is the best option, say Andrew Kline and Tommy Tobin at Perkins Coie.

  • HHS' Updated Tracking Tech Guidance Offers Little Clarity

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    The U.S. Department of Health and Human Services' Office for Civil Rights' updated guidance on the use of online tracking technologies appears more focused on legal issues raised in ongoing litigation with the American Hospital Association and less on practical guidance for covered entities, say attorneys at Sheppard Mullin.

  • Take AG James' Suit Over Enviro Claims As A Warning

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    New York Attorney General Letitia James' recent suit against JBS USA Food Co. over allegedly misleading claims about its goal to reach net zero by 2040 indicates that challenges to green claims are likely to continue, and that companies should think twice about ignoring National Advertising Division recommendations, say attorneys at Kelley Drye.

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