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TOP NEWS FinCEN Fines Capital One $390M Over AML Violations The Financial Crimes Enforcement Network hit Capital One with a $390 million fine on Friday evening over admitted shortcomings in its anti-money laundering program from 2008 to 2014 that the agency said allowed millions of dollars in suspicious transactions to go unreported.
Wells Fargo Ex-GC Fined $3.5M In OCC Settlement The Office of the Comptroller of the Currency said Friday it has fined Wells Fargo's former general counsel $3.5 million as part of a settlement resolving the agency's claims against him over his alleged role in the banking giant's sales practices scandal.
Analysis 3 Benefits Takeaways From New Surprise Medical Billing Law A new federal law clamping down on surprise medical billing will likely trigger a short-term increase in employers' compliance spending, a long-term decrease in patients' out-of-pocket medical costs and an as-yet-unknown impact on employee health plans' overall price tag, experts say. Analysis NY, FTC Lead Charge To Expand Biometric Privacy Shields New York lawmakers and the Federal Trade Commission are the latest to step up pressure on companies to be upfront with consumers about the use of their biometric data, signaling that more laws and regulatory scrutiny are expected for the increasingly popular technology, attorneys say.
OCC Defends Valid-When-Made Rule In State AGs' Suit The Office of the Comptroller of the Currency has urged a California federal court to reject an effort by California and two other states to block the agency's valid-when-made rule, arguing the rule was well within bounds as an attempt to mitigate legal uncertainty surrounding interest rate transferability.
CFPB Accuses Mortgage Co. Of Lending, Consumer Violations The Consumer Financial Protection Bureau sued mortgage company 1st Alliance Lending in Connecticut federal court Friday for alleged violations of lending and consumer laws, including misleading consumers about whether they would qualify for refinances and not informing them of credit denials.
Man Impersonated Son To Defraud Investor Clients, SEC Says The U.S. Securities and Exchange Commission on Friday filed suit against a father-son duo behind a California wealth management firm, accusing the father of impersonating his son to advise clients despite being banned from broker-dealer platforms.
EMPLOYMENT & BENEFITS EEOC Preserves Grip On Filing New Bias Suits The U.S. Equal Employment Opportunity Commission has maintained control over the filing of potentially high profile or costly cases, such as ones that put the agency at odds with circuit court precedents, making only slight tweaks to a 2020 directive that scaled back its top lawyer's ability to file suits unilaterally.
New DOL Opinion Letters Tackle Tip Pooling Businesses can make tipped and nontipped workers share tips so long as they pay all of them the full minimum wage, and they must include mandatory service charges when calculating overtime, the U.S. Department of Labor said in opinion letters released on Friday.
Excellus To Pay $5.1M In HHS Deal Over Data Hack Excellus will fork over $5.1 million to the federal government and do a rigorous risk analysis as part of a deal to resolve a probe into a massive breach of health data, the U.S. Department of Health and Human Services said Friday.
Novo Joins Challenge To HHS Pharma Discount Opinion Danish drugmaker Novo Nordisk Inc. on Friday joined a slew of other pharmaceutical companies challenging the U.S. Department of Health and Human Services' view that drugmakers must give discounts to pharmacies contracting with hospitals that serve low-income areas.
Encompass Health Squashes Doctor's Retaliation Claims The former director of an Encompass Health Corp. hospital lost his retaliation claims in Florida federal court Friday, despite his False Claims Act suit leading to a $48 million deal between Encompass and the federal government over allegations its hospitals bilked Medicare to cover a disease that couldn't be diagnosed.
COMPETITION FTC Studying Medical Mergers With Data From Cigna, Aetna The Federal Trade Commission is demanding data from some of the country's largest health insurers to help it examine the effects of "physician group and health care facility consolidation," the agency announced Thursday. TAX IRS Pushes Back Start Of Filing Season To Feb. 12 The Internal Revenue Service said Friday it will not open the filing season for 2020 income tax returns until Feb. 12, later than its usual start in January, citing the need to conduct additional programing and testing for its systems. ENERGY & ENVIRONMENTAL Virus Didn't Compromise ComEd Grand Jury, Feds Say Illinois federal prosecutors slammed a bid by former Commonwealth Edison Co. executives and lobbyists to access grand jury selection materials in their bribery case, arguing the request is based on the "mistaken conjecture" that additional jurors were improperly selected during the coronavirus pandemic.
Trump Auto Emissions Rollback Faces Heat From All Sides Foes of the Trump administration's rollback of vehicle greenhouse gas emissions and fuel-economy standards urged the D.C. Circuit to undo the change, with environmental and energy groups saying the rollback went too far while a deregulation supporter argued it didn't go far enough.
Blue States Challenge EPA Aircraft GHG Emissions Standards The U.S. Environmental Protection Agency's new gas emissions standards for aircraft won't actually result in new reductions, said 12 attorneys general from California, Illinois, Pennsylvania, New York, and other Democrat-led states plus the District of Columbia in announcing a D.C. Circuit challenge Friday.
EXPERT ANALYSIS EU Rule Presents New Medical Device Compliance Hurdles The European Union's new Medical Device Regulation coming into effect this May will create a revolutionary new legal framework for manufacturers, distributors and notified bodies, but introduces an urgent need to adapt infrastructure and data collection, say Sylvie Gallage-Alwis at Signature Litigation and Sylvie Gallage-Alwis at Exponent. Opinion 6 Ways Financial Regulators Should Prioritize Climate Risk As the Biden administration prepares to take office, financial regulators must resolve to collaborate with each other and industries to manage the financial risks from climate change after years of obstruction by the Trump administration, says New York Department of Financial Services Superintendent Linda Lacewell.
How Fund Managers Can Avoid Political Contribution Missteps
In this brief video, Peter Chan and Karl Egbert at Baker McKenzie, and Suzan Rose at the Alternative Investment Management Association discuss fund manager compliance and monitoring issues related to state and federal rules on campaign contributions, particularly in light of the recent election cycle. What's On The Horizon For Unclaimed Property In 2021 Unclaimed property professionals who run holder compliance programs should buckle themselves in for what portends to be a perfect storm of legislative, enforcement and litigation contests this year between state administrators and holders, say attorneys at Alston & Bird. 4 Legal Industry Trends Litigation Financiers Are Watching Some recent litigation developments demonstrate efforts by law firms and their clients to search for opportunities in the COVID-19 economic fallout, while others — such as the rise of contingency fee arrangements — reflect acceleration of tendencies that were already underway, says William Weisman at Therium Capital. Up Next At High Court: Media Diversity And Climate Suits The U.S. Supreme Court has a light workload in the week ahead, due in part to the chief justice's duty to administer President-elect Joe Biden's oath of office Wednesday. But the court will hear a pair of cases, both on Tuesday, about diversity in media ownership and where to file climate change lawsuits. Biden COVID-19 Team Taps Veteran Public Health Law Prof The incoming Biden administration has picked a veteran public health lawyer who teaches at Yale's law and medical schools as special counsel for its COVID-19 response team, the transition team announced Friday. Safety Fears Over Inauguration Spur Courthouse Closures Safety concerns have led federal courthouses in various jurisdictions to announce they will be limiting operations or closing ahead of the inauguration of President-elect Joe Biden. 'Reorganizing' Norton Rose Axes 132 Jobs In Europe, Asia Norton Rose Fulbright has slashed 132 jobs across Europe, the Middle East and Asia in what it called a reorganization into a "more efficient structure," with the bulk of the layoffs hitting its London office, the firm confirmed Friday. Boies Schiller Calif. Leader Accused Of Domestic Violence Joshua Schiller, an administrative partner of Boies Schiller Flexner LLP's West Coast operation and son of firm co-founder Jonathan Schiller, was arrested Thursday on a domestic violence charge in Ross, California, police confirmed Friday. LA Courts Criticized For COVID-19 Policies, Interpreter's Death The nonprofit Court Watch Los Angeles on Friday said Los Angeles Superior Court's lax COVID-19 safety protocols led to an interpreter dying from the virus, alleging his death is the result of "incoherent" COVID-19 policies that punish employees for attempting to quarantine after a possible exposure. Pandemic Again Delays Fired King & Spalding Atty's Trial King & Spalding LLP and a lawyer who said he was unlawfully fired for raising ethics concerns will have to wait until at least June to square off at trial, after concerns about the COVID-19 pandemic led a New York federal judge to scuttle plans to push forward in April. After 40 Years, NYC Mob Atty McMahon Still Won't Back Down For 40-odd years, Gerald McMahon has represented Mafiosi, crooked cops and drug kingpins, securing an enviable record of acquittals in the process. Law360 Pulse looks back at the career of one of New York City's most dogged criminal defense attorneys. Jones Walker Reelects Longtime Managing Partner Jones Walker LLP has reelected its longtime managing partner to another five-year term, reelected two members to its board of directors and promoted eight attorneys to partners in Miami, Houston, Atlanta and other offices. 7th Circ. Wary Of Blocking Wis. Mandatory Bar Membership A Seventh Circuit judge on Friday appeared skeptical of a Wisconsin attorney's arguments that mandatory state bar membership for attorneys is barred under the U.S. Supreme Court's landmark Janus ruling, which blocked mandatory union membership and dues, saying they're "not perfect equivalents." GC Cheat Sheet: The Hottest Corporate News Of The Week Microsoft's general counsel said the company's diversity bonus program for its outside law firms has shown significant results, and the EEOC said noncitizen overseas workers don't have to be counted as employees for age bias disclosures. These are some of the stories in corporate legal news you may have missed in the past week. In Case You Missed It: Hottest Firms And Stories On Law360 For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week. Podcast Law360's Pro Say: The Legal Fallout From The Capitol Attack It's been just over a week since a violent mob of Trump supporters stormed the U.S. Capitol, and the legal consequences of the attack are rapidly unfolding. Ga. Criminal Defense Atty At Capitol Riots Charged, Detained A criminal defense attorney from Georgia who was reportedly among the supporters of President Donald Trump who stormed the U.S. Capitol earlier this month, was arrested and hit with charges in federal court Friday, according to court records.
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