Compliance

  • February 06, 2023

    Bank Botched Artist Benton's Trust By $400M, Judge Hears

    Missouri bank UMB "egregiously" mismanaged the collection of prominent 20th-century painter Thomas Hart Benton through four decades of sweetheart sales to executives, art museums and bank customers, and failed to care for and monetize his intellectual property, a judge heard as trial started Monday.

  • February 06, 2023

    SEC Accused Of Overreach In Coinbase Insider Trading Case

    A former Coinbase product manager and his brother accused the U.S. Securities and Exchange Commission on Monday of trying to regulate the digital assets industry by enforcement and argued that its allegations of crypto insider trading are legally deficient.

  • February 06, 2023

    'No Surprises' Medical Billing Rule Is Still Illegal, Judge Rules

    A Texas federal judge granted wins Monday to plaintiffs in a consolidated lawsuit challenging a federal surprise medical billing rule relating to an arbitration system for handling payment fights between out-of-network providers and health insurers, finding the rule places "a thumb on the scale" in insurers' favor.

  • February 06, 2023

    Public Storage $11B Bid Would Likely Clear Antitrust Hurdles

    Public Storage's decision to broadcast its $11 billion takeover bid for Life Storage is guaranteed to draw the Biden administration's scrutiny of the offer, but industry attorneys called it a "wise move" and said the deal would be likely to clear antitrust hurdles.

  • February 06, 2023

    MSG Entertainment Nixes Adverse Atty Ban For Tao Litigation

    Madison Square Garden Entertainment Corp. on Monday said it has partially pulled back its policy of prohibiting attorneys whose firms are engaged in litigation against the company from entering its venues, noting the updated guidelines only affect litigation involving its majority interest in Tao Group Hospitality.

  • February 06, 2023

    Mondelez Says EU Antitrust Probe Could Cost €300M

    Snack giant Mondelez is estimating that it will cost it €300 million ($321.7 million) to resolve the European Commission's inquiry into whether it has been meddling with competition by working out agreements to hinder the flow of chocolate, coffee and cookies across borders in the bloc.

  • February 06, 2023

    No FTC Decision On In-House Fight Over Meta-Within Deal

    Federal Trade Commission officials ruled out a circuit court appeal Monday after a California federal judge refused to temporarily block Meta's purchase of virtual reality fitness app maker Within Unlimited, but said they haven't made a decision on continuing with an in-house challenge to stop the merger permanently.

  • February 06, 2023

    FTX Asks Politicians To Return Donations By Month's End

    Bankrupt cryptocurrency exchange FTX Trading Ltd. is reaching out to political figures and groups that received donations from the company's leadership prior to its collapse, demanding recipients return the funds by the end of the month or face legal action.

  • February 06, 2023

    Feds Seek 2-Year Prison Term In Amazon Bribery Scheme

    Federal prosecutors in Seattle say a merchant consultant should be sentenced to two years in prison for his role in an international scheme that included bribing Amazon employees to remove negative online reviews from his clients' products.

  • February 06, 2023

    Ga. Family Reveals Generational Opioid Addiction At Trial

    Three generations of opioid addiction within a south Georgia family were detailed Monday in a trial against major prescription drug distributors accused of flooding a coastal Peach State community with pills for profit.

  • February 06, 2023

    Fed. Circ. Scolds Commerce Before Tossing Tire Duty Case

    A Federal Circuit panel upbraided the U.S. Department of Commerce for failing to explain the process at the center of a tariff challenge Monday, before tossing the importer's case and leaving the duty rate in place.

  • February 06, 2023

    House Republican Leader Sets Up ESG Working Group

    Republican lawmakers in the House have set their sights on "far left" investment that takes into account environmental, social and governance practices, with the establishment of a working group tasked with examining ways to curb overregulation and hold asset managers and other market players accountable.

  • February 06, 2023

    High Court Ruling Hobbles Climate Policy Moves, Sen. Says

    The U.S. Supreme Court's blockbuster ruling last year in West Virginia v. Environmental Protection Agency threatens to not only hamstring climate change efforts by the Biden administration, but Congressional efforts as well, a top Senate climate hawk said Monday.

  • February 06, 2023

    Churches Seek Exemption From FCC's Foreign Ad Buy Rules

    An Alabama church has told the Federal Communications Commission that religious groups that lease airtime from local broadcasters to air their worship services should be exempt from FCC rules meant to block ad buys from foreign governments.

  • February 06, 2023

    Sony Says 'Lard' Of Microsoft's FTC Subpoena Will Cost $2M

    In its latest request for more time to respond to Microsoft's subpoena regarding the software giant's planned $68.7 billion acquisition of Activision, Sony finally added some color explaining why it needs another deadline extension.

  • February 06, 2023

    Labcorp Inks $19M False Claims Act Deal In 10-Year-Old Case

    A pair of whistleblowers said Laboratory Corp. of America Holdings has agreed to fork over $19 million to end a case alleging the lab testing giant was part of a plan involving kickbacks to health care professionals over blood draws.

  • February 06, 2023

    Catching Up With Delaware's Chancery Court

    Bacardi and Jay-Z finally clinked glasses and resolved their long-running dispute over D'Usse cognac, a 72-year-old rule on judicial appointments got tossed, and three more electric vehicle companies asked the court to retroactively validate shares.

  • February 06, 2023

    Texas Joins Kansas, Okla. In Prairie Chicken Rules Challenge

    Texas Attorney General Ken Paxton announced Monday he plans to side with Oklahoma and Kansas in suing the Biden administration over its decision to list the lesser-prairie chicken as endangered or threatened in parts of Texas, calling the move a burden to the state's property owners.

  • February 06, 2023

    Roosevelt Hotel Seeks Halt To Arbitration Over Pension Funds

    The shuttered Roosevelt Hotel urged a New York state court to stop a union's arbitration bid over labor contract details that relate to whether the company owes $24.5 million in pension fund contributions, arguing the issue is already part of a federal court dispute.

  • February 06, 2023

    SEC Secures Partial Deal In $6M Stock Manipulation Case

    Roughly a month before facing the U.S. Securities and Exchange Commission in front of a jury, a New Jersey stock trader has agreed to refrain from gaming stock prices and to allow a federal judge to decide whether he'll have to pay back any of his allegedly ill-gotten gains.

  • February 06, 2023

    Cadwalader Adds FCPA Experts In DC From Willkie Farr

    Compliance and enforcement team partners Martin J. Weinstein and Jeffrey D. Clark have left Willkie Farr & Gallagher LLP to join Cadwalader Wickersham & Taft LLP's global litigation group in Washington, D.C., the firm said Monday.

  • February 06, 2023

    Microsoft Threading Needle In Activision Merger Challenges

    The Federal Trade Commission's bid to block Microsoft's attempted merger with Activision represents an important test for an agency eager to push antitrust enforcement in a more aggressive direction and turn the tide after a year of stinging failed merger challenges.

  • February 04, 2023

    Judge: FTC Didn't Show Potential Harm From Meta VR Deal

    The Federal Trade Commission lost its initial challenge to Meta's purchase of virtual reality fitness app maker Within Unlimited because the agency failed to show the company was genuinely likely to enter the space without the deal, a California federal judge said in a ruling unsealed Friday.

  • February 03, 2023

    FDIC Ding Of Fintech Partner Bank May Signal Tougher Stance

    The Federal Deposit Insurance Corp. has downgraded the community lending rating given to a Utah digital bank that consumer groups have accused of facilitating predatory loans, a move that could signal tougher scrutiny ahead for other fintech partner banks.

  • February 03, 2023

    Opioids Ravaged Ga. Family, Jury Told In Distributor Case

    A Georgia fire captain took the stand Friday as the first plaintiff to testify in a private opioid trial against major drug distributors, telling jurors the drugs exacted a heavy toll on his relatives and their relationships.

Expert Analysis

  • The EPA's New Enviro Site Assessment Standard: Key Points

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    While the U.S. Environmental Protection Agency's previous standard for Phase I environmental site assessments will remain valid for another year, the agency's recent final approval of the newer ASTM E1527-21 standard means that it now represents the best practice for conducting ESAs, says Sedina Banks at Greenberg Glusker.

  • 10 Areas To Watch In Aerospace And Defense Law

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    Joseph Berger and Francis Purcell at Thompson Hine discuss what's ahead for federal contractors, given the government's continued focus on aiding Ukraine and sanctioning Russia, pending cybersecurity and climate disclosure regulations, U.S. leadership in new and emerging technologies, and more.

  • How FTC's Broadened Health Ad Guidance Affects Marketers

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    The Federal Trade Commission's new health products compliance guidance may change marketers' understanding of what is acceptable when substantiating all kinds of health claims — not just those for dietary supplements, say Daniel Kaufman and Randal Shaheen at BakerHostetler.

  • Reimagining Benefits For A World Without Noncompetes

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    Though the Federal Trade Commission's recently proposed noncompete ban is still in its infancy, companies should begin considering whether they would need to retool their payment and benefits packages to comply, while still protecting their competitive edge, say Melissa Ostrower and Alec Nealon at Jackson Lewis.

  • FinCEN Report Holds Key Russia-Linked Risk Considerations

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    A recent report from the Financial Crimes Enforcement Network reminds financial institutions to review guidance issued on reporting Russia-linked suspicious activity, emphasizing the need to review anti-money laundering and sanctions monitoring processes to remain adaptive to global developments, say Siana Danch and Peter Hardy at Ballard Spahr.

  • Opinion

    Biden Admin.'s Anti-Merger Stance Is Leading To Bad Policies

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    A U.S. Department of Justice Antitrust Division speech reflects the Biden administration's goal to move enforcement in a markedly anti-merger direction, an approach that is leading to bad policies and enforcement decisions, says Cleary attorney David Gelfand, a former DOJ Antitrust Division official.

  • Why FERC's Proposed Duty Of Candor Rule Is Problematic

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    The Federal Energy Regulatory Commission is considering adopting a new regulation that would prohibit the submission of any inaccurate or false information when communicating with the agency, which would raise significant due process and First Amendment concerns, say attorneys at Skadden.

  • Viral TikTok Mascara Video Spotlights Influencer Ad Issues

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    A sponsored TikTok video about L'Oreal mascara that ignited a battle over deceptive advertising on the internet last month serves as a reminder that advertisers are responsible for influencer posts and should take steps to help reduce the risk of liability, says Gonzalo Mon at Kelley Drye.

  • A Litigation Move That Could Conserve Discovery Resources

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    Bennett Rawicki at Hilgers Graben proposes the preliminary legal opinion procedure — seeking a court's opinion on a disputed legal standard at the outset, rather than the close, of discovery — as a useful resource-preservation tool for legally complex, discovery-intensive litigation.

  • Navigating DOJ's Fresh Focus On Criminal Monopoly Charges

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    For the first time in nearly 45 years, the U.S. Department of Justice has brought criminal charges for violations of Section 2 of the Sherman Act in two very different cases, displaying a renewed willingness to level criminal charges for price-fixing or other coordination under both Sections 1 and 2, say attorneys at Foley & Lardner.

  • Litigators Should Approach AI Tools With Caution

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    Artificial intelligence tools like ChatGPT hold potential to streamline various aspects of the litigation process, resulting in improved efficiency and outcomes, but should be carefully double-checked for confidentiality, plagiarism and accuracy concerns, say Zachary Foster and Melanie Kalmanson at Quarles & Brady.

  • Tips For Sanctions Screening Of Non-Latin Language Entities

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    Kenneth Nunnenkamp and Ivon Guo at Morgan Lewis discuss how phonetic transliteration from one alphabet or writing system to another complicates name-checking for sanctions due diligence, and provide useful methods to facilitate this otherwise knotty process.

  • SEC's 1st Reg BI Action Spells Enforcement Challenges

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    The pleadings in the U.S. Securities and Exchange Commission's action against Western International Securities highlights three problems for the agency in prosecuting its first Regulation Best Interest case, including that it isn't clear what the regulation actually requires, says Justin Chretien at Carlton Fields.

  • For White Collar Practitioners, Tone Of Garland Memo Is Key

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    Attorney General Merrick Garland’s recent memo on prosecutorial discretion conveys more via tone than it does via directives for white collar prosecutions, signaling to rank-and-file prosecutors that they should pursue tailored justice over reflexive charging, says Monique Abrishami at Levy Firestone.

  • Calif. Privacy Law Holds Implications For Mental Health Apps

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    California is leading the way in privacy regulation with its amended Confidentiality of Medical Information Act, which has important compliance repercussions for mental health app developers and could serve as a model for similar laws in other states, say Christine Moundas and Elana Bengualid at Ropes & Gray.

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