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Compliance
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March 05, 2025
Senators Press Trump's NIH Nominee On Grant Cuts, Vaccines
Dr. Jay Bhattacharya vowed to support research into chronic diseases but repeatedly refused Wednesday to express an opinion on cost-cutting efforts at the National Institutes of Health, sidestepping bipartisan questions during a hearing on his nomination to run the biomedical research agency.
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March 05, 2025
Montana Tasks Tax Agency With Review Of Exempt Property
Montana directed its Department of Revenue to establish a process to review property that is exempt from taxation under a bill signed by the governor.
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March 05, 2025
Del. Corporate Law Bill Poses 'Grave Risk,' Plaintiffs' Firms Say
Five of Delaware's most active corporate litigation plaintiffs' firms have branded pending legislation aimed at curbing stockholder suits as a "dangerous and radical" measure that attacks the state's courts and will put Delaware's nationally known incorporation franchise "at grave risk."
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March 05, 2025
DOJ Fights Bid To Pause Piece Of Amedisys Merger Case
The U.S. Department of Justice is opposing a bid from Amedisys to pause allegations that it shirked its merger filing requirements until after a trial on UnitedHealth's acquisition of the home health and hospice company.
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March 05, 2025
Trump's NIH Cost-Cutting Measure Blocked By Judge
A Massachusetts federal judge ruled Wednesday that the Trump administration cannot cap indirect costs for research grants at the National Institutes of Health, rejecting the move as a rushed cost-saving measure that violates federal law governing the expenses.
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March 05, 2025
Fighters' Attys Get $115M In Fees For UFC Settlement Work
A Nevada federal judge has awarded more than $115 million to the attorneys who struck a $375 million settlement with the UFC on behalf of more than 1,100 fighters alleging vast wage suppression, nodding to the considerable effort involved in litigating the decade-long case.
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March 05, 2025
High Court Allows Release Of Frozen USAID Foreign Aid
The U.S. Supreme Court on Wednesday ruled that a D.C. federal judge can require the Trump administration to release up to $2 billion in frozen foreign aid funding, but told the judge he must clarify the scope of the government's responsibility and ensure it has enough time to comply with any deadline.
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March 04, 2025
Musk Fails To Block OpenAI From Turning Into For-Profit Entity
A California federal judge on Tuesday denied Elon Musk's bid to preliminarily bar OpenAI Inc. from converting into a for-profit entity, saying that a threshold question of whether Musk's over $44 million in donations created a charitable trust was a "toss-up."
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March 04, 2025
Banks To Face New Defenders Of CFPB Overdraft Rule
A Mississippi federal judge said Tuesday that he will allow two outside nonprofits to step into litigation over the Consumer Financial Protection Bureau's $5 overdraft fee rule and defend the Biden-era regulation against a banking industry-backed legal challenge.
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March 04, 2025
Sens. Again Push Bill To Boost Online Protections For Teens
A bipartisan pair of U.S. senators on Tuesday revived a longstanding legislative proposal that would expand digital privacy protections to cover teens between the ages of 13 and 16, ban targeted advertising to minors and require companies to enable the erasure of underage users' personal information.
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March 04, 2025
Shipping Council Urges DC Circ. To Nix Maritime Rule
An ocean carrier trade association is urging the D.C. Circuit to wipe out new regulations defining unreasonable refusals to deal in the maritime industry, telling the appeals court that the "vague" rule has thrown the carriers into confusion.
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March 04, 2025
3 Takeaways From The High Court's SF Water Permit Ruling
The U.S. Supreme Court's Tuesday ruling siding with San Francisco to strike down parts of a federal water pollution permit demonstrated a majority of justices' reluctance to force permit holders to interpret gray areas that could get them in trouble.
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March 04, 2025
EV Co. Lucid's Brass Face Investor's Production Capacity Suit
Executives and directors of electric vehicle manufacturer Lucid Group Inc. have been hit with a proposed shareholder derivative suit in Delaware federal court alleging they concealed the extent of production issues plaguing the company in order to inflate share prices.
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March 04, 2025
House Aviation Panel Weighs Air Traffic Control Fixes
Aviation workers' unions and industry stakeholders told lawmakers on Tuesday that years of political inertia and more recent tumult related to the federal workforce firings are impacting efforts to hire more air traffic controllers and overhaul the nation's outdated and overburdened ATC system.
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March 04, 2025
Trump To Drop Biden-Era Suit Against Idaho Abortion Ban
The Trump administration has said it plans to drop a federal lawsuit alleging that Idaho's strict abortion ban conflicts with a federal emergency stabilization law, a reversal from the Biden administration's legal efforts that fought the ban up to the U.S. Supreme Court.
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March 04, 2025
CFPB Says Ga. Enforcement Atty 'No Longer Employed' There
Another Consumer Financial Protection Bureau attorney, based out of the agency's Atlanta regional office, has left the bureau as it faces uncertainty under President Donald Trump's administration.
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March 04, 2025
Bored Ape NFT Maker, Crypto Co. Say SEC Threats Are Over
The crypto arm of trading firm DRW Holdings LLC and the company behind the celebrity-endorsed non-fungible token project known as the Bored Ape Yacht Club say that they are the latest in a string of digital asset firms to see the back of the U.S. Securities and Exchange Commission.
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March 04, 2025
Special Master Recommends Win For UnitedHealth In FCA Suit
A massive False Claims Act case targeting Medicare Advantage plans operated by UnitedHealth relies on "speculation and assumptions," according to a special master's report that recommends ruling in the company's favor and ending the lawsuit.
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March 04, 2025
DC Judge Blocks Trump Admin From Removing MSPB Chair
President Donald Trump illegally attempted to fire the Merit Systems Protection Board chair without cause, a D.C. federal judge ruled Tuesday, repudiating the administration's arguments that removal protections for board members violate the U.S. Constitution.
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March 04, 2025
Target Can't Pause Warehouse Workers' Wage Suit
Target warehouse workers' class action claiming they performed unpaid work-related duties before and after their shifts will not wait for the outcome of a U.S. Supreme Court case dealing with standing for certified classes, a New Jersey federal judge ruled.
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March 04, 2025
PBMs Ask 8th Circ. To Pause FTC's Insulin Pricing Case
Caremark Rx, Express Scripts and OptumRx have asked the Eighth Circuit to pause the Federal Trade Commission's in-house case accusing the pharmacy benefit managers of artificially inflating insulin prices as they push their constitutional claims against the agency.
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March 04, 2025
NC Judge Wants 1st Look At Info In Hospital Sale Suit
A North Carolina judge has ruled that she needs to be the first one to review potentially privileged information sought in Attorney General Jeff Jackson's suit alleging that a hospital sale agreement was breached, reasoning that it's too early to determine if they're public record or shielded attorney-client communications.
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March 04, 2025
NY Creates Framework For County Tax On Short-Term Rentals
New York established a framework for counties to impose tax on short-term rentals as part of a bill signed by Democratic Gov. Kathy Hochul.
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March 04, 2025
Ga. PFAS Liability Bill Faces Debate Ahead Of Key Deadline
A Georgia bill to reduce corporate liability for PFAS contamination on Tuesday received strong industry backing and intense pushback from North Georgia residents and communities who warned state lawmakers against handing "a get-out-of-jail-free card" to carpet manufacturers accused of polluting waterways.
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March 04, 2025
FERC Enforcement Case Is Constitutionally Valid, DOJ Says
The Trump administration has told a North Carolina federal judge that a Federal Energy Regulatory Commission market manipulation case against an energy-efficiency aggregator complies with a recent U.S. Supreme Court decision curbing the enforcement authority of federal agencies.
Expert Analysis
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Trump Likely To Prioritize Trade, Customs Fraud Enforcement
With the evasion of tariffs and duties a probable focus for the U.S. Department of Justice and its partners under President Donald Trump, businesses should carefully monitor supply chains to avoid enforcement targeting, say attorneys at Shook Hardy.
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Overseas Investment Rule Calls For Compliance Caution
Investors should be leery of who and what they are investing in now that the federal outbound investment regime, effective Jan. 2, has extended the governement's regulatory reach to businesses and parties not previously subject to trade restrictions, says Thaddeus McBride at Bass Berry.
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Assessing Gary Gensler's Legacy At The SEC
Gary Gensler's tenure as U.S. Securities and Exchange Commission chair is defined by a record of commonsense regulation in some areas and social activism in others, and by increasing judicial skepticism about the SEC's authority to fulfill its regulatory, enforcement, administrative law and adjudicatory functions, say attorneys at Arnold & Porter.
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5 Factors From Biden's Final Worker Antitrust Guidelines
The recent Federal Trade Commission and the U.S. Department of Justice's joint antitrust guidelines for business activities affecting workers cap a flurry of final announcements from the Biden administration, but it's unclear whether the agencies will maintain their support for these measures in the Trump administration, say attorneys at Simpson Thacher.
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Calif. Cannabis Decision Deepens Commerce Clause Divide
In Peridot Tree v. Sacramento, the Eastern District of California joined a growing minority of courts that have found the dormant commerce clause inapplicable to state-regulated marijuana, and the Ninth Circuit will soon provide important guidance on this issue, say attorneys at Perkins Coie.
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7 Steps To Sell Corporate Leadership On Privacy Compliance
In celebration of the 17th annual Data Privacy Day, compliance professionals shouldn't take no for an answer when they request funding and other support for their privacy initiatives — instead, consider new ways to get leaders on board, says Liisa Thomas at Sheppard Mullin.
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Takeaways From DOJ Fraud Section's 2024 Year In Review
Attorneys at Paul Weiss highlight notable developments in the U.S. Department of Justice Fraud Section’s recently released annual report, and discuss what the second Trump administration could mean for enforcement in the year to come.
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4 Employment Law Areas Set To Change Under Trump
President Donald Trump's second term is expected to bring significant changes to the U.S. employment law landscape, including the potential for updated worker classification regulations, and challenges to diversity, equity and inclusion that are already taking shape, say attorneys at Debevoise.
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A Defendant's Guide To 4 Common CFPB Discovery Tactics
With the Consumer Financial Protection Bureau's recent flurry of new lawsuits showing no signs of stopping, defendants should know the bureau's most relied-upon discovery strategies — and be prepared to resist them, say attorneys at Goodwin.
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Recent SEC Actions Highlight Importance Of Filing Form D
The U.S. Securities and Exchange Commission's enforcement action against three companies last month for failing to timely file Form D is an unprecedented step that should put an end to Regulation D issuers' views that filing these forms is a technical requirement or somewhat voluntary, says Patrick McCloskey at McCloskey Law.
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Recent Suits Show Antitrust Agencies' Focus On HSR Review
The U.S. Department of Justice's suit this month against KKR for inaccurate and incomplete premerger filings, along with other recent cases, highlights the agency's increasing scrutiny of Hart-Scott-Rodino Act compliance for private equity firms, say attorneys at Willkie.
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The 7th Circ.'s Top 10 Civil Opinions Of 2024
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.
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Private-Bidding Compliance Lessons From Siemens Plea Deal
Siemens Energy’s recent wire fraud conspiracy guilty plea shows that U.S. prosecutors are willing and able to police the private, domestic bidding market to protect the integrity of the competitive marketplace, and companies will need a robust compliance program to mitigate these risks, say attorneys at Foley Hoag.
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Kansas Bank's Suit Could Upend FDIC Enforcement Authority
Should CBW Bank's federal lawsuit in Kansas challenging the Federal Deposit Insurance Corp.'s enforcement authority gain traction with a post-Chevron U.S. Supreme Court, it could have profound implications for the FDIC and the banking industry at large, says Jack Harrington at Bradley Arant.
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10 Key Worker-Friendly California Employment Law Updates
New employment laws in California expand employee rights, transparency and enforcement mechanisms, and failing to educate department managers on these changes could put employers at risk, says Melanie Ronen at Stradley Ronon.