Compliance

  • February 21, 2024

    PE Firm Can't Shake Ex-CEO's Retaliation Suit In NC

    A North Carolina federal judge has maintained the bulk of a former executive's suit accusing a private equity firm of duping him into accepting a top role at a defense supply unit and fired him when he refused to hide the company's financial reality from a major defense contractor client, reasoning that he satisfied pleading standards.

  • February 21, 2024

    SPAC Boom Costs Auditor $2M In PCAOB Fine

    New Jersey-based auditing firm WithumSmith+Brown PC was sanctioned with a $2 million fine Wednesday by the Public Company Accounting Oversight Board, which accused the company of taking on more work than it could handle as the market for special purpose acquisition companies boomed.

  • February 21, 2024

    Tesla, Musk Say Investors' Self-Driving Fraud Suit Is Doomed

    Attorneys for electric-car maker Tesla and its owner, Elon Musk, have said a proposed class action related to claims the company and billionaire had made about the vehicles' autonomous driving abilities should be dismissed, saying most of the statements at issue were forward-looking.

  • February 21, 2024

    FCC Considers Adding Missing Persons To Emergency Alerts

    The Federal Communications Commission plans to introduce a new code to the Emergency Alert System to allow information about missing or endangered persons to be widely disseminated.

  • February 21, 2024

    Conn. Court Pauses Refund Plan For Ex-Nursing Students

    Over the objections of the Connecticut attorney general, a judge has temporarily halted a state agency's plan to refund some tuition money that students paid to the now-shuttered nursing school Stone Academy, siding with a proposed class of affected students who want to avoid waiving their legal rights in order to receive the payments.

  • February 21, 2024

    FCC Looks To Finalize 'All-In' Cable Pricing Disclosures

    The Federal Communications Commission plans to vote next month on controversial rules to require cable companies to post "all-in" prices on marketing materials and subscriber bills.

  • February 21, 2024

    Boeing Ousts Head Of Embattled 737 Max Program

    Boeing on Wednesday replaced the chief of its 737 Max program as the American aerospace giant rejiggers the executive team overseeing its most popular line of jets after high-profile safety mishaps such as last month's midair panel blowout and two deadly crashes overseas five years ago.

  • February 21, 2024

    AT&T Says Satellite Cell Coverage Must Rely On Leases

    The Federal Communications Commission will soon vote on new rules allowing satellite companies to use spectrum to beef up mobile connectivity, helping eliminate "dead zones."

  • February 21, 2024

    No Property Coverage For Maui Wildfire, Insurer Says

    A condominium association and its property manager have no coverage for property damage claims stemming from the 2023 Maui wildfires, their insurer told a Hawaii federal court, arguing that a property damage exclusion in their errors and omissions policy wholly bars coverage.

  • February 21, 2024

    Calif. AG Settles With DoorDash Over Marketing Data Sale

    DoorDash will pay $375,000 to resolve the California attorney general's claims that the food delivery service violated the state's landmark consumer privacy law by failing to clearly inform users of their ability to opt out of the sale of their personal information to a marketing vendor, the agency announced Wednesday.

  • February 21, 2024

    White & Case Lateral Spree Includes SEC Atty, 2 M&A Leaders

    White & Case LLP said it has hired three notable lateral partners, adding a cryptocurrency and cybersecurity specialist from the U.S. Securities and Exchange Commission, as well as former practice heads within the mergers and acquisitions realm from Paul Hastings LLP and Hogan Lovells.

  • February 20, 2024

    Liberal Justices Hint Chevron Deference Hanging By A Thread

    In the U.S. Supreme Court's latest battle royal over administrative powers, left-leaning justices at oral arguments Tuesday openly suggested that the landmark legal doctrine underpinning modern rulemaking might soon shrivel up, clearing the way for industry-led challenges to regulations on the books for decades.

  • February 20, 2024

    SEC Zeroes In On SolarWinds Exec In Revised Complaint

    The U.S. Securities and Exchange Commission has doubled down on its case accusing software provider SolarWinds Corp. of failing to warn the public about the cybersecurity vulnerabilities that gave rise to a 2020 hack, providing a New York federal court with more detail about the involvement of the company's chief information security officer in the alleged cover-up.

  • February 20, 2024

    US Small Businesses Have Most To Lose From Digital Duties

    The possible demise of an international moratorium on tariffs for digital products, including software and media downloads, could cut into small businesses' profits and create compliance burdens for the companies that survive.

  • February 20, 2024

    Fubo Wants Sports Giants' 'Unlawful' Streaming Plan Blocked

    The streaming company Fubo asked a New York federal court on Tuesday to block a joint venture under which ESPN, Fox and Warner Bros. Discovery would combine sports portfolios into one streaming app, claiming that the plan would harm competition and result in higher prices for consumers.

  • February 20, 2024

    Chicago Sues Oil Giants, Alleging Climate Change Deception

    The city of Chicago hit BP, Chevron, ConocoPhillips, ExxonMobil, Shell and the oil and gas industry's largest trade association with a lawsuit Tuesday, alleging their involvement in a decadeslong "campaign of deception" to increase consumption of fossil fuels to boost profits, despite their knowledge that their products cause environmental harm.

  • February 20, 2024

    Wells Fargo Says SEC Has Closed Hiring Practices Probe

    Wells Fargo said Tuesday that the U.S. Securities and Exchange Commission has closed an investigation into the bank's hiring practices, following allegations that some bank managers conducted sham interviews to meet a diversity quota, while Barclays PLC has said it no longer faces an investigation into its anti-money laundering compliance.

  • February 20, 2024

    NM Fire Victims Sue FEMA Over Compensation Delays

    Ten New Mexico residents with property damaged by the Hermit's Peak/Calf Canyon Fire sued the Federal Emergency Management Agency in federal court Friday, saying FEMA is not processing their claims in a timely manner, in violation of an assistance measure Congress passed for victims of the wildfire.

  • February 20, 2024

    Calif. Tribe Looks To Undo Tobacco Noncompliance Listing

    The Twenty-Nine Palms of Mission Indians is suing the U.S. government in California federal court over its decision to place the tribe on a "non-compliant list" under a law that targets illegal tobacco trafficking, arguing that its operations comply with all applicable state laws.

  • February 20, 2024

    Judge Says He'll Mull $10M Fine For Racist Robocaller

    An Idaho white supremacist has been found liable by a Montana federal court for sending out thousands of racist robocalls in an attempt to sway public opinion against Black and Jewish political candidates, with a fine that could top $10 million to follow.

  • February 20, 2024

    Walgreens Defeats $200M Investor Suit Over Insulin Billing

    A Delaware vice chancellor has thrown out a stockholder derivative suit accusing Walgreens directors of ignoring an alleged scheme in which insulin pen prescriptions were overfilled and the government overbilled, ruling that the investors haven't shown that the company's top brass acted in bad faith.

  • February 20, 2024

    FinCEN Details Owner Data Access Rules For Small Banks

    The U.S. Treasury Department's Financial Crimes Enforcement Network on Tuesday released a compliance guide for small financial firms on accessing and safeguarding company ownership information that their customers are required to report under recently implemented rules.

  • February 20, 2024

    11th Circ. Tosses Appeal Of Bid-Rigging Indictment

    The Eleventh Circuit on Tuesday found that a concrete executive has to wait until after he's tried to contest his indictment by a remotely convened grand jury during the pandemic on charges of allegedly fixing prices and rigging bids for ready-mix concrete in Georgia.

  • February 20, 2024

    5th Circ. Seeks Texas Justices' Input On LNG Permit Fight

    The Fifth Circuit has yanked its prior ruling that scrapped an emissions permit issued by Texas environmental regulators for a proposed liquefied natural gas terminal, saying it wants the state's Supreme Court to weigh in on how to define the best available pollution control technology under Texas law.

  • February 20, 2024

    Restoration Architect Says Visa Denial Ignored Evidence

    A Colombian restoration architect who wants to address the affordable housing shortage in the U.S., accused immigration officials in Florida federal court of disregarding more than 1,000 pages of evidence in denying him a national interest waiver for a visa.

Expert Analysis

  • Opinion

    Oregon Law Would Compromise Management Service Orgs

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    If passed, a proposed Oregon law would materially limit physician corporate practice of medicine structures, causing significant disruption to the provision of medicine and hindering professional corporations' ability to focus on the clinical components of their practice, say Christina Bergeron and William Shefelman at Ropes & Gray.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • How DOD Can Improve Flexibility Under Proposed Cyber Rule

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    The U.S. Department of Defense should carefully address some of the more nuanced aspects of the Cybersecurity Maturity Model Certification program to avoid unintended consequences, specifically the proposal to severely limit contractor use of plans of actions and milestones, say Joshua Duvall at Maynard Nexsen and Sandeep Kathuria at L3Harris Technologies.

  • Reassessing Trade Secrets Amid Proposed Noncompete Ban

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    The Federal Trade Commission's proposed ban on noncompete agreements as well as state bans make it prudent for businesses to reevaluate and reinvigorate approaches to trade secret protection, including knowing what information employees are providing to vendors, and making sure confidentiality agreements are put in place before information is shared, says Rob Jensen at Wolf Greenfield.

  • Predicting DeFi Regulations At Home And Abroad In 2024

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    Though decentralized finance has advocates on both sides of the Atlantic in figures like U.S. SEC Commissioner Hester Peirce and U.K. Prime Minister Rishi Sunak, DeFi in 2024 seems likely to be folded into existing regulatory frameworks in the U.K. and EU, while anti-crypto scrutiny may discourage DeFi’s growth in the U.S., say Daniel Csefalvay and Eric Martin at BCLP.

  • Opinion

    Exxon Court Should Clarify Shareholder Proposal Exclusion

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    ExxonMobil last month took the unusual action of asking a Texas federal judge whether a proposal from climate activists seeking to limit oil and gas sales could be excluded from its 2024 proxy statement, and the court should use this opportunity to reevaluate SEC policy and set clear limits on when shareholder proposals can be included, says Stephen Bainbridge at UCLA School of Law.

  • NYC Cos. Must Prepare For Increased Sick Leave Liability

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    A recent amendment to New York City's sick leave law authorizes employees for the first time to sue their employers for violations — so employers should ensure their policies and practices are compliant now to avoid the crosshairs of litigation once the law takes effect in March, says Melissa Camire at Fisher Phillips.

  • NY's Revamped Card Surcharge Ban Is Unique Among States

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    Newly revised New York legislation bolsters the state's ban on credit card surcharges, potentially reinvigorating similar laws across the country despite the fact that many of them have been ruled unconstitutional, say Tom Witherspoon and Audrey Carroll at Stinson.

  • Understanding SEC's Focus Amid Lack Of Final AI Rules

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    Although the U.S. Securities and Exchange Commission's proposed rules to govern artificial intelligence are likely far from being finalized, understanding existing regulatory provisions that could address AI risks with respect to development, disclosure, compliance and data protection could help firms anticipate and avoid pitfalls, say attorneys at Skadden.

  • Legislative And Litigation Trends In Environmental Advertising

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    Companies that tout their products' environmental benefits can significantly reduce the risk that they will face allegations of greenwashing by staying up to date on related Federal Trade Commission guidance, state requirements and litigation trends, say Raqiyyah Pippins and Kelsie Sicinski at Arnold & Porter.

  • What's On The Horizon In Attorney General Enforcement

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    A look at recent attorney general actions, especially in the areas of antitrust and artificial intelligence, can help inform businesses on what they should expect in terms of enforcement trends as 10 attorney general races play out in 2024, say attorneys at Cozen O'Connor.

  • Employer Best Practices In Light Of NY Anti-Trans Bias Report

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    A recent report from the New York State Department of Labor indicates that bias against transgender and nonbinary people endures in the workplace, highlighting why employers must create supportive policies and gender transition plans, not only to mitigate the risk of discrimination claims, but also to foster an inclusive work culture, says Michelle Phillips at Jackson Lewis.

  • Preparing For DOJ's Data Analytics Push In FCPA Cases

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    After the U.S. Department of Justice’s recent announcement that it will leverage data analytics in Foreign Corrupt Practice Act investigations and prosecutions, companies will need to develop a compliance strategy that likewise implements data analytics to get ahead of enforcement risks, say attorneys at Cozen O'Connor.

  • How High Court SEC Case Could Affect The ITC

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    While the U.S. Supreme Court’s upcoming ruling in U.S. Securities and Exchange Commission v. Jarkesy will likely spare the U.S. International Trade Commission from major operative changes, the ITC’s ability to issue penalties for violations of its orders may change, say Gwendolyn Tawresey and Ryan Deck at Troutman Pepper.

  • How 3 New Laws Change Calif. Nonprofits' Legal Landscape

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    Legislation that went into effect on Jan. 1 should be welcomed by California’s nonprofit organizations, which may now receive funding more quickly, rectify past noncompliance more easily and have greater access to the states’ security funding program, say Casey Williams and Brett Overby at Liebert Cassidy.

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