Compliance

  • November 24, 2021

    3 Key Details To Watch As Congress Mulls Breach Report Law

    Congress is on the verge of passing legislation requiring certain companies to disclose cyberattacks and ransomware payouts, but unresolved details, such as the deadline for reporting incidents, bear watching as lawmakers bid to pass a bill before the end of the year.

  • November 24, 2021

    New TCPA Battleground Emerges Over Minors' Consent

    A lawsuit in California federal court has brought to the forefront the issue of whether minors can provide valid consent for companies to call or text their cellphones, opening a fresh potential avenue of liability for businesses that both knowingly and mistakenly interact with children. 

  • November 24, 2021

    ITC Recommends Extending Solar Safeguard Tariffs

    The U.S. International Trade Commission on Wednesday recommended extending tariffs on imported solar panels, a decision that sets the Biden administration up to make a decision on the contentious policy first enacted during the previous administration.

  • November 24, 2021

    Senator Probes Stablecoin Issuers Over Investor, Market Risk

    The chair of the Senate Banking Committee on Wednesday sought information from a range of stablecoin issuers as the digital assets attract increasing interest from lawmakers and regulators.

  • November 24, 2021

    Convicted Ex-Insys Execs Must Pay $43.8M To Victims

    Federal prosecutors in the Insys Therapeutics Inc. opioid kickback case won a fight over how much the founder and former executives owe victims, as a Boston federal judge on Tuesday ordered up the $43.8 million restitution sum requested by the government.

  • November 23, 2021

    T-Mobile To Pay $19.5M To End FCC's 911 Outage Probe

    T-Mobile has agreed to pay $19.5 million to end a Federal Communications Commission investigation into its 911 emergency system, following a June 2020 outage that resulted in 23,621 failed calls to 911, the commission announced Tuesday.

  • November 23, 2021

    Chevron Fights EPA Offshore Emissions Regulation Reversal

    Chevron USA Inc. has urged the D.C. Circuit to review a reversal by the U.S. Environmental Protection Agency of a Trump-era ruling that said the California offshore drilling rigs the company is decommissioning were no longer subject to Clean Air Act regulation once they stop emitting air pollutants.

  • November 23, 2021

    Olympic Skater Seeks To Ice Claim Of Fraudulent Token Sales

    Retired Olympic speed skater Apolo Ohno asked a California federal court to toss allegations that a cryptocurrency company he co-founded violated U.S. securities laws and defrauded investors after raising close to $50 million in token sales.

  • November 23, 2021

    Industry Lines Up Against Biden NEPA Changes

    Energy, agriculture, construction, manufacturing and other business groups have come out swinging against the Biden administration's efforts to roll back Trump-era changes to environmental reviews that were seen as industry friendly.

  • November 23, 2021

    Feds Urge 6th Circ. To Lift Pause On Vax-Or-Test Rule

    The Biden administration asked the Sixth Circuit on Tuesday to unfreeze the U.S. Department of Labor's rule requiring companies with at least 100 employees to mandate COVID-19 vaccinations or weekly tests, saying the rule could prevent over a quarter-million hospitalizations in the next six months.

  • November 23, 2021

    Bank Regulators Will Roll Out Crypto Guidance In 2022

    Federal banking regulators said Tuesday that they have wrapped up a crypto-focused policy "sprint" and plan to clarify the legal parameters of various banking activities tied to digital assets over the course of next year.

  • November 23, 2021

    Utility Groups Defend Power Deal Rule Update To 9th Circ.

    Utility groups defended the Federal Energy Regulatory Commission's changes to a law that requires utilities to buy power from small-scale renewable energy producers to the Ninth Circuit, arguing the well-reasoned decision protects consumers from excessive costs.

  • November 23, 2021

    Rehab Joint Venture Is Kickback Minefield, Watchdog Says

    A U.S. Department of Health and Human Services watchdog said it likely would sanction a would-be deal between a therapy services contractor and a long-term care facilities owner, saying the proposed deal has "problematic" elements.

  • November 23, 2021

    Williams Mullen Nabs Ex-NC Health Department Atty In Raleigh

    Williams Mullen added a former in-house attorney with the North Carolina Department of Health and Human Services as a Raleigh-based partner in its health care practice, the firm announced.

  • November 23, 2021

    Int'l Securities Org. Urges Oversight Of ESG Ratings Providers

    An international body for the securities market published a set of recommendations Tuesday encouraging regulators to focus more on the activities of environmental, social and governance rating and data products providers in their jurisdictions.

  • November 23, 2021

    EU Raids Defense Company In Probe Of Possible Cartel

    European Union competition authorities raided a company in the defense sector Tuesday, looking for potential evidence of unlawful cartel activity, the European Commission said.

  • November 22, 2021

    ​​​​​​​Meta Investors Sue Over Alleged Mental Health Concerns

    Investors in Facebook and Instagram parent company Meta Platforms Inc. hit the social media giant with a proposed securities class action Monday, saying recently leaked internal documents show the company knew its products were harmful to the mental health of young people but hid that from shareholders.

  • November 22, 2021

    Fla. Co. Pleads Guilty To Conspiracy To Sell Illegal Products

    Supplements company Blackstone Labs LLC and two of its executives have pled guilty to conspiring to sell illegal anabolic steroids and other unlawful products marked as dietary supplements, according to the U.S. Department of Justice.

  • November 22, 2021

    FERC Defends Restart Of $6B Gas Pipeline Work

    The Federal Energy Regulatory Commission has defended its decision to give the developer of a $6 billion Appalachian pipeline more time to complete the project, saying it reasonably relied on long-term contracts to determine an ongoing market need.

  • November 22, 2021

    Ex-Sterne Agee Analyst Banned From Trading Securities

    A New York federal judge on Monday banned a former Sterne Agee managing director from trading securities and ordered him to pay a $100,000 penalty after the court found him liable for aiding and abetting a scheme to bribe a pensions manager.

  • November 22, 2021

    Google Seeks Recusal Of DOJ Antitrust Chief For Past Work

    Google Inc. is asking for an investigation to determine if the new head of the U.S. Department of Justice Antitrust Division should be recused from matters involving the company due to his past work for critics of the search giant.

  • November 22, 2021

    DOJ-Walmart Opioid Battle Halted As High Court Reviews CSA

    The U.S. Department of Justice's sweeping lawsuit contending that Walmart's 5,000 pharmacies "helped fuel a national crisis" of opioid abuse is being halted until the U.S. Supreme Court decides newly accepted cases involving the boundaries of Controlled Substances Act enforcement, a Delaware federal judge ruled.

  • November 22, 2021

    Mass. Navy Contractor Pays $3.5M To Duck Feds' Civil Claims

    Charles Stark Draper Laboratory Inc. will pay $3.5 million to stave off civil allegations that the Cambridge, Massachusetts-based government contractor overcharged the U.S. Navy in 2016, Boston's federal law enforcement office announced Monday.

  • November 22, 2021

    DOJ Suit Over American, JetBlue Alliance Might See Sept. Trial

    American Airlines and JetBlue, along with government enforcers challenging the two airlines' partnership dubbed the Northeast Alliance, have asked a Massachusetts federal court to set a Sept. 26 kickoff date for the upcoming antitrust trial.

  • November 22, 2021

    DOL Finalizes Fed. Contractor $15 Minimum Wage

    The U.S. Department of Labor on Monday finalized a rule to raise the minimum wage for federal contract workers to $15 an hour, implementing an executive order by President Joe Biden that will impact hundreds of thousands of workers.

Expert Analysis

  • As Climate Litigation Heats Up, More Cos. Face Liability Risk

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    The number, pace and sophistication of climate change-related suits are steadily increasing, both in the U.S. and abroad, and while plaintiffs face substantial hurdles under existing law and evidentiary burdens, liability risks to industry, and the scope of potential defendants, are also growing, say attorneys at Pillsbury.

  • A Real-World Guide To Staying Discovery In Federal Court

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    Pleas for stay of discovery under the Federal Rules of Civil Procedure are often rejected when motions to dismiss are pending due to a tenacious tangle of case law, imposing financial and administrative burdens on parties, but some unambiguous rules of thumb can be gleaned to maximize the chances of a discovery stay, says Amir Shachmurove at Reed Smith.

  • SEC Warning To Crypto Attys Harkens To Prior Crackdowns

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    U.S. Securities and Exchange Commission Chair Gary Gensler recently admonished fintech lawyers who help clients circumvent federal securities laws, which is a throwback to similar warnings to attorneys during the 2018 initial coin offering bonanza and 1990 savings and loan crisis, suggesting those who control access to crypto investors may face increased scrutiny, says cybersecurity consultant John Reed Stark.

  • Navigating The New Wave Of PFAS Regulation And Litigation

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    As states ramp up regulations and litigation targeted at manufacturers of per- and polyfluoroalkyl substances, and the federal government advances its own efforts to regulate PFAS, entities that may be subject to liability for these chemicals must understand the rapidly changing legal environment, say attorneys at Harris Beach.

  • Takeaways And Next Steps After FSOC's Climate Risk Report

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    Attorneys at K&L Gates highlight three key conclusions as well as near-term next moves for stakeholders to watch following the Financial Stability Oversight Council's recent report on climate-related financial risk, noting that its progress and gaps will be critical to understanding federal financial regulators' approach to future policies.

  • A Software Primer For Attorneys After Cyber Executive Order

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    President Joe Biden's executive order to improve the nation's cybersecurity has set in motion a number of prospective changes for the software community that will require lawyers to become better versed in secure software development issues and best practices for related due diligence, say Alan Charles Raul and Stephen McInerney at Sidley.

  • How DOJ May Beat The White Collar Fraud Clock Post-COVID

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    The U.S. Department of Justice will likely employ creative strategies to try to sidestep the five-year statute of limitations in certain complex white collar matters following widespread delays due to the pandemic, but each method comes with nuances and weaknesses that may allow appropriate challenges from defense counsel, say Michael Harwin at Stearns Weaver and David Chaiken at ChaikenLaw.

  • Auto Cos. Must Prep For State AG Action On Fuel Efficiency

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    State attorneys general continue to demonstrate their active interest in fuel efficiency standards, so automotive companies should monitor state AGs' statements and activity to respond quickly to new regulatory and enforcement initiatives, say James Koukios and Nathan Reilly at MoFo.

  • Insurance Tips For Mitigating DOJ Cyber Initiative Risks

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    For companies and executives involved in False Claims Act actions alleging cybersecurity failures like those envisioned by the U.S. Department of Justice's new cyber fraud initiative, certain insurance policies could help defray the substantial costs of defense and even settlement liability, say attorneys at Hunton.

  • Heading Into 2022, Fintech Antitrust Strategy Isn't Optional

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    With antitrust regulators expected to continue increased scrutiny of the fintech sector in the new year, strategies to grapple with key data privacy, open access and employment issues represent a crucial part of doing business in 2022, say Thomas Panoff and William McElhaney at Mayer Brown.

  • 5 Critical Steps For Ensuring ESG Transparency

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    According to Michael Yachnik and Jonny Frank at StoneTurn, there are several steps counsel should take to ensure their companies and clients meet investor expectations for reporting environmental, social and corporate governance responsibilities and other nonfinancial metrics.

  • Mass. Data Privacy Bill Would Increase Litigation Risks

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    A recently proposed Massachusetts bill could reshape how businesses interact with state consumers and employees, increase the cost and complexity of privacy design and compliance, and expose companies to new and significant enforcement and litigation risks, say Melanie Conroy and Peter Guffin at Pierce Atwood.

  • CMS Vaccine Rules Could Create FCA Risks For Cos.

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    The Centers for Medicare & Medicaid Services' interim final rule requiring COVID-19 vaccinations for participating health care providers creates a potential for not only direct enforcement but also qui tam lawsuits, though certain best practices can reduce the chance of litigation, say attorneys at Ropes & Gray.

  • Recent Alcoholic Beverage Labeling Suits Offer Best Practices

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    As plaintiffs increasingly target alcoholic beverage products, claiming that labels are false or misleading, producers can mitigate liability with certain steps to ensure packaging meets all regulatory approvals, say attorneys at Alston & Bird.

  • Tech Improvements That Can Help Gov't Tackle FOIA Backlog

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    Government agencies can implement effective technological solutions that will help them address the growing backlog of Freedom of Information Act requests, and avoid costly noncompliance litigation, by taking steps to identify agency-specific needs, develop cohesive strategies and obtain leadership buy-in, say Ken Koch and Erica Spector at KPMG.

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