Compliance

  • February 14, 2025

    FTC's Ferguson, PBMs Agree: Nix Leader Removal Safeguards

    Federal Trade Commission Chairman Andrew N. Ferguson offered his own support for enabling the president to readily fire independent agency commissioners at the FTC and beyond, a day after pharmacy benefit managers cited the new U.S. Department of Justice policy in their own battle with the FTC.

  • February 14, 2025

    'Not For Sale': OpenAI Rebuffs Musk's $97.4B Takeover Bid

    The board of directors for OpenAI voted unanimously on Friday to reject a $97.4 billion offer from Elon Musk and a consortium of investors to buy the artificial intelligence platform, with the board chair saying in a statement, "OpenAI is not for sale."

  • February 14, 2025

    SEC Fines Adviser Firm, Ex-Rep Over Fiduciary Duty Claims

    The U.S. Securities and Exchange Commission entered into a $225,000 settlement with New York-based registered investment adviser One Oak Capital Management LLC and a former representative to resolve alleged misconduct related to advisory services provided to their retail clients.

  • February 14, 2025

    ​​​​​​​SEC Says Crypto Task Force Could Resolve Coinbase Case

    The U.S. Securities and Exchange Commission told the Second Circuit that its newly formed cryptocurrency task force effort may lead to a resolution in its enforcement case against Coinbase, warranting a brief delay to the regulator responding to the crypto exchange's bid for appellate review of whether securities laws apply to the transactions on its platform.

  • February 14, 2025

    Trump Aims To End Limits On President's Power To Fire

    President Donald Trump has his sights set on taking down a 90-year-old U.S. Supreme Court ruling that protects certain government officials from being fired, a U.S. Department of Justice letter confirms, and he plans to leverage his prior legal victories to deliver the precedent's death knell and expand presidential power.

  • February 14, 2025

    Old Permits Irrelevant To Pollution Controls, Texas Justices Say

    The Texas Supreme Court said that previous emissions permits have no bearing on the definition of the best available pollution control technology for new projects, weighing in on a Fifth Circuit dispute over a proposed liquefied natural gas terminal in Port Arthur, Texas.

  • February 14, 2025

    DC Judge Declines To Block New OPM Email System

    A D.C. federal judge on Monday declined to temporarily stop the Office of Personnel Management from using a new centralized messaging system that a putative class of federal employees claims is insecure.

  • February 14, 2025

    Texas Investigates DeepSeek For State Privacy Law Breach

    Texas announced an investigation into Chinese AI startup DeepSeek, saying the company has run afoul of state privacy laws and has seemingly stolen Texas citizens' data.

  • February 14, 2025

    New Delisting Rules Shorten Leash For Distressed Companies

    Distressed companies should take heed of new stock exchange rules that are likely to accelerate delistings for stocks that trade below minimum requirements, particularly targeting businesses that rely on reverse stock splits to inflate their share prices, attorneys say.

  • February 14, 2025

    EPA, Energy Dept. Rush To Fulfill Trump's Appliance Order

    The U.S. Environmental Protection Agency and U.S. Department of Energy said they're acting to comply with President Donald Trump's order — delivered via social media post — that they should undo Biden-era appliance efficiency standards.

  • February 14, 2025

    FCC Could Pull Equipment OKs For New Dahua US Owner

    The Federal Communications Commission is threatening to pull authorizations for a Taiwanese network infrastructure company's U.S. subsidiary, saying the company appears to be selling video surveillance products that are restricted as part of the commission's "covered list" of equipment found to pose a national security risk.

  • February 14, 2025

    NTSB Probes Faulty Helicopter Data In DC Collision

    The National Transportation Safety Board said that the U.S. Army Black Hawk helicopter involved in last month's deadly midair collision over the Potomac River may not have heard crucial instructions from air traffic controllers and may have been getting inaccurate readings from the cockpit's altimeters.

  • February 14, 2025

    House Dems Question Rationale For OSHA Guidance Purge

    Democratic members of the House Committee on Education and the Workforce demanded that the U.S. Department of Labor provide details about why certain worker safety documents were removed from the federal government's website, saying some information seems to have been arbitrarily removed because it referenced "diversity" or "gender."

  • February 14, 2025

    Corporate Transparency Act Vital For Nat'l Security, Circs. Told

    A nationwide registry of beneficial ownership information is critical to U.S. foreign policy and national security goals, which makes a law aimed at creating one, the Corporate Transparency Act, a valid exercise of congressional authority, groups told the Fourth and Fifth circuits.

  • February 14, 2025

    Judge Needs Time To Mull Block On DOGE's Agency Audits

    A Washington, D.C., federal judge said he plans to rule "promptly" on a request by worker and consumer advocates to stop the Department of Government Efficiency from accessing three federal agencies' data but couldn't say when following a wide-ranging hearing on the bid.

  • February 14, 2025

    Ford Hit With $2.5B Punitive Verdict In Truck Roof Deaths Suit

    A Georgia federal jury hit Ford Motor Co. with a $2.5 billion punitive damages verdict a day after jurors found the automaker liable for the wrongful death of a couple who died in a rollover wreck of their Ford F-250 Super Duty pickup.

  • February 14, 2025

    Drug Costs, State Laws Fuel Push For Fed. Action On PBMs 

    Skyrocketing prescription drug costs and a proliferation of state laws are driving renewed calls from employers and benefit plan administrators for Congress to enact federal legislation changing how pharmacy benefit managers do business, experts say.

  • February 14, 2025

    Feds Hit With Brady Claims As Implant Kickback Trial Looms

    Two defendants nearing trial on medical device kickback claims say Boston federal prosecutors are begrudgingly sharing mountains of exculpatory materials they should have provided years ago.

  • February 14, 2025

    8 Things Attys Should Know About Conn.'s $55B Budget

    Connecticut Gov. Ned Lamont's two-year budget for the years 2026 and 2027 includes drug price limits, an expansion of the state's unfair trade practices act, key changes to hospital ownership laws and slots for 13 new judges.

  • February 14, 2025

    Enviro Groups Back EPA On Challenged PFAS Superfund Rule

    Conservation groups are urging the D.C. Circuit to deny a string of industry challenges to the U.S. Environmental Protection Agency's decision to designate two "forever chemicals" as hazardous substances under the federal government's Superfund law, arguing that they have no merit.

  • February 14, 2025

    Judge Upholds Pay-For-Delay Ban Law, But Only In Calif.

    A California federal judge has upheld part of a new state law that the Association for Accessible Medicines alleged unlawfully restricted "reverse payment" settlements between makers of brand-name and generic drugs, finding that the law's attempt to regulate deals outside of California runs afoul of the Constitution, but is otherwise valid.

  • February 14, 2025

    'New Facts' Improper In Penny Stock Action, 2nd Circ. Told

    A Connecticut federal judge violated controlling case law and the constitutional rights of a penny stock CEO when imposing a judgment in a U.S. Securities & Exchange Commission enforcement action, defense counsel told the Second Circuit, arguing that the SEC admitted post-trial that it could not find any victims of the allegedly false public statements at issue.

  • February 14, 2025

    Fla. Crypto Operator Gets 2 Years In Prison For Wire Fraud

    A Florida federal judge sentenced a U.S. Air Force veteran and software developer to more than two years in prison on a wire fraud charge for soliciting more than $1 million from investors to pay for a cryptocurrency offering but using the funds to fuel a gambling addiction.

  • February 14, 2025

    Judges Suggest Withdrawal Was Optional In Dam Permit Spat

    D.C. Circuit judges Friday pressed a California water district on whether it was partly to blame for delays in recertifying two hydroelectric dams, suggesting it voluntarily agreed to the state board's requests that it refile the applications in order to avoid the Clean Water Act's certification time limit.

  • February 14, 2025

    Judge Allows Grower's 4th Amendment Claim In Hemp Crop Suit

    A California federal judge has partially reconsidered her prior order denying Kern County and its police officers' bid to dismiss claims by a hemp grower alleging they wrongly bulldozed 500 acres of crops, allowing the company's Fourth Amendment excessive destruction claim to proceed, but dismissing its due process claims.

Expert Analysis

  • End-Of-Year FCPA Enforcement Surge Holds Clues For 2025

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    The last three months of 2024 saw more Foreign Corrupt Practices Act enforcement actions than any quarter in the previous four years, providing lessons for companies — even as a new administration raises doubts about whether this momentum will continue, say attorneys at Norton Rose.

  • What's Next For Accounting Enforcement After SEC's Big 2024

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    The U.S. Securities and Exchange Commission under the Trump administration will likely continue to focus enforcement efforts on many of the same accounting and auditing issues that it pursued over the past year — but other areas, such as ESG, internal controls and cryptocurrency cases, may fall out of focus, say attorneys at Debevoise.

  • Mentorship Resolutions For The New Year

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    Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.

  • Key Trends In PFAS Regulation And Litigation For 2025

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    The critical policy milestones for per- and polyfluoroalkyl substances expected in 2025 will not only shape the trajectory of PFAS regulation, but also set key precedents for environmental accountability, potentially reshaping the corporate approach to these "forever chemicals" for decades to come, say attorneys at MG+M.

  • Inside New Commerce Tech Restrictions: Key Risk Takeaways

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    While there are a few limitations on the scope of a new final rule restricting certain foreign adversary products and technologies, the Commerce Department's Bureau of Industry and Security retains sweeping authority to regulate an array of risk areas, says Peter Jeydel at Troutman.

  • PE Strategies To Manage Adjacent Portfolio Firm Conflicts

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    A variety of tools can mitigate potential risk for a private equity director sitting on the board of directors of multiple companies, including the disclosure of potential conflicts in fundraising documents to help mitigate risk under the securities laws, says Michael Kendall at Goodwin.

  • Series

    Coaching Little League Makes Me A Better Lawyer

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    While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.

  • 7 Employment Contracts Issues Facing DOL Scrutiny

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    A growing trend of U.S. Department of Labor enforcement against employment practices that limit workers' rights and avoid legal responsibility shines a light on seven unique contractual provisions that violate federal labor laws, and face agressive litigation from the labor solicitor, says Thomas Starks at Freeman Mathis.

  • How Fintechs Can Respond To New CFPB Supervisory Rule

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    Even though a new Consumer Financial Protection Bureau rule pulling large payment apps into supervision faces an uncertain fate in the new administration, providers should still examine the rule's definitions and prepare for increased compliance costs and more consumer-friendly practices, say attorneys at DLA Piper.

  • 5 Litigation Funding Trends To Note In 2025

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    Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.

  • How FTC Sent A $5.6M Warning Against Jumping The Gun

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    The Federal Trade Commission's recent record $5.6 million "gun jumping" action against Verdun Oil, for allegedly exerting control over EP Energy before the mandatory waiting period under U.S. antitrust law expired, warns companies that they must continue to operate independently during review, say attorneys at Ballard Spahr.

  • For Accounting Integrity, Start With The Rank-And-File

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    Macy's acknowledgment of an employee's accounting mistake underscores a valuable lesson for company leaders in fostering compliance with the Sarbanes-Oxley Act by cultivating a culture committed to strong accounting integrity and robust oversight, say Keerthika Subramanian and Jon Mantis at Winston & Strawn.

  • How Deregulation Could Undermine Trump's Anti-DEI Agenda

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    While rolling back federal agency power benefited conservative policies during the Biden administration, it will likely undermine President Donald Trump's ability to wield agencies like the U.S. Equal Employment Opportunity Commission to dismantle diversity, equity and inclusion initiatives beyond the federal workforce and into the private sector, says Ally Coll at the Purple Method.

  • A Look At Sweepstakes Casinos' Legal Issues In Fla., Beyond

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    Scheduled for trial in Florida federal court this fall, the VGW sweepstakes case underscores the growing urgency for gambling states to clarify and enforce their laws in response to emerging online gaming models, as the expansion of sweepstakes casinos challenges traditional interpretations of gambling regulations, say attorneys at Holland & Knight.

  • 3 Noteworthy Effects Of The 2025 NDAA

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    The 2025 defense budget includes further restrictions on semiconductor sales to Huawei, requiring companies to rethink customer-base oversight, but other provisions are likely to broaden procurement contract opportunities, say attorneys at Miles & Stockbridge.

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