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Compliance
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September 23, 2024
Judge Grants Ex-Admiral, Contractors Separate Bribery Trials
The Washington, D.C., federal court agreed on Monday to sever a retired Navy admiral's bribery trial from that of the defense contractors he is accused of steering federal contracts toward.
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September 23, 2024
Crypto Miners Must Keep Fighting SEC's $18M Fraud Claims
A Utah federal judge on Monday refused to throw out the U.S. Securities and Exchange Commission's suit accusing two Utah residents of running an $18 million crypto fraud scheme, rejecting their arguments that the transactions at the heart of the dispute do not involve securities subject to the SEC's regulation.
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September 23, 2024
High Court Enviro Shadow Docket Could Diminish DC Circ.
The U.S. Supreme Court's "shadow docket" is full of pleas from environmental rule opponents who want the justices to overturn D.C. Circuit rulings that allowed the regulations to go into effect, and recent history shows the challengers have some chance for success — but experts say the high court's willingness to step in at this stage risks diminishing lower courts' voices.
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September 23, 2024
John Paul Mitchell Beats Dry Shampoo Benzene Suit, For Now
An Illinois federal judge ruled Monday a putative consumer class action claiming a Paul Mitchell dry shampoo contains cancer-causing benzene didn't sufficiently show an "injury-in-fact" to warrant damages or even that the product contained the carcinogen, but gave the consumers a chance to amend their complaint.
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September 23, 2024
Coinbase Brings On Ex-Citadel Legal Chief With SEC Chops
Coinbase announced on Monday it has hired Ryan VanGrack to serve as its vice president of legal, where he will be overseeing civil litigation, regulatory probes, employment and intellectual property matters for the crypto exchange after spending seven years with Citadel Securities as general counsel.
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September 23, 2024
Calif. Gov. Vetoes Privacy Bill, OKs Social Media Addiction Law
California's governor has refused to enact legislation that would have required browser developers to make it easier for consumers to stop the sale and sharing of their personal information, while approving a bill that will block online platforms from using algorithms to deliver addictive feeds to children without parental consent.
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September 23, 2024
Holland & Knight Lands McDermott FDA Regulatory Pro
Holland & Knight LLP has nabbed a partner from McDermott Will & Emery LLP with extensive experience representing clients in regulatory matters before the U.S. Food and Drug Administration, the firm announced Monday.
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September 23, 2024
Mallinckrodt Brass Can't Avoid Investor Suit Over 2nd Ch. 11
A New Jersey federal judge ruled Monday that senior leaders of drugmaker Mallinckrodt cannot escape a lawsuit brought by shareholders alleging the company tricked them into thinking it had recovered from bankruptcy and would make a $200 million payment to opioid claimants, finding the investors sufficiently pleaded securities law violations.
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September 23, 2024
Feds, SunZia Urge 9th Circ. To Toss Power Line Challenge
The federal government and SunZia Transmission LLC have asked the Ninth Circuit to uphold a lower court decision tossing a suit by a coalition of tribes and conservation groups challenging the government's decision to let the company route a 520-mile power line through cultural and historical sites.
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September 23, 2024
Bipartisan Senate Bill Would Extend Pandemic IG's Life
A bipartisan group of senators introduced a bill Monday to extend the pandemic watchdog five years beyond its March sunset, which the office has been asking for continuously.
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September 23, 2024
EPA Admits Mistakes In Approving New Chevron Chemicals
The U.S. Environmental Protection Agency on Friday told the D.C. Circuit that it overestimated the risk of allowing Chevron Corp. to create new fuel chemicals derived from plastic waste, asking the appeals court to remand the order authorizing the new substances back to federal regulators.
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September 23, 2024
Toyota Accused Of 'Rotten' Forklift Emissions Compliance
Toyota has been misrepresenting the true emissions levels of the engines in its forklifts and construction machinery, leading businesses to believe the engines were far more environmentally friendly than they actually were, according to a proposed class action filed in California federal court.
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September 23, 2024
Adviser To Pay SEC $1.8M Over Temu Parent Co. Short-Selling
Private fund adviser Centerline Investment Management on Monday agreed to pay nearly $1.8 million to settle U.S. Securities and Exchange Commission charges that it illegally short-sold shares of PDD Holdings Inc., the parent of Chinese e-commerce giant Temu, within a restricted period.
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September 23, 2024
CFTC Fines Piper Sandler $2M In Latest Text Messaging Action
The U.S. Commodity Futures Trading Commission and the U.S. Securities and Exchange Commission both announced settlements Monday in their ongoing probe into the financial industry's use of personal devices to discuss company business, with the CFTC issuing a fine against a subsidiary of Piper Sandler & Co. while the SEC said that a cooperative investment adviser would not have to pay anything.
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September 23, 2024
Kroger Fights FTC's Bid To Move Constitutionality Case
Kroger is fighting to keep its challenge to the Federal Trade Commission's in-house courts in Ohio federal court, pushing back against the agency's effort to get it paused or moved to Oregon, where the FTC's case against the company's merger with Albertson's is already playing out.
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September 23, 2024
Alito Pauses 5th Circ. Ruling Against Horse Racing Law
U.S. Supreme Court Justice Samuel Alito has pressed pause on a Fifth Circuit ruling that would strip the teeth from a federal law handing horse safety regulation over to a private entity after the appellate court found the law's enforcement provisions to be unlawful delegation.
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September 23, 2024
DOJ Adds AI Risk To Corporate Compliance Program
The U.S. Department of Justice's Criminal Division is now weighing how companies manage risk related to artificial intelligence and potentially stymie whistleblowers, one of several updates to the division's policies on evaluating corporate compliance programs announced by a senior official on Monday.
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September 23, 2024
Paxton Urges Firearms Ban Reversal Before State Fair Opens
Texas Attorney General Ken Paxton asked a state appeals court Monday for emergency relief prohibiting the State Fair of Texas from enforcing its new policy banning firearms on fairgrounds, writing that the entity is "forcing thousands of law-abiding Texans to choose" between their constitutional rights and attendance at the state tradition, which opens Friday.
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September 23, 2024
Bio Lab Settles Conn. False-Claims Allegations For $1.73M
Enzo Biochem Inc. and subsidiary Enzo Clinical Labs Inc. will pay nearly $1.73 million to settle accusations that the companies' former Farmingdale, New York, laboratory billed higher rates to the state of Connecticut's Medicaid coffers than it billed to other payers, the state attorney general announced Monday.
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September 23, 2024
Calif. Sues Exxon For Plastic Pollution And Recycling Deception
California's attorney general and a coalition of conservation groups hit Exxon Mobil Corp. with a pair of lawsuits on Monday claiming the petrochemical giant has inundated the state with harmful plastic waste while misleading people about recycling's ability to ever make a dent in the problem.
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September 23, 2024
Brockovich, Attys Warn Of PFAS Dangers At Ga. Town Halls
More than 400 people gathered in northwest Georgia over the weekend to attend two town hall meetings hosted by a group of law firms and paralegal-turned-environmental advocate Erin Brockovich concerning claims of local water and environmental contamination allegedly caused by chemical giant 3M Co., as well as the potential health risks associated with so-called forever chemicals.
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September 23, 2024
NY Extends Industrial Property Tax Break Application Deadline
New York state extended by four years to 2029 the deadline to apply for property tax abatements for eligible industrial and commercial buildings in New York City as part of a bill signed by Democratic Gov. Kathy Hochul.
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September 23, 2024
Radio Station Could Lose FCC License Over $32K In Back Fees
The Federal Communications Commission is threatening to strip a New Jersey gospel radio station's license over delinquent regulatory fees, telling the station it needs either to pay up, explain why the fees should be waived or risk losing its broadcast license.
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September 23, 2024
Todd & Weld Partner To Probe Mass. Police Academy Death
A Todd & Weld LLP partner has been tapped to conduct an independent investigation into the death of a Massachusetts police recruit during a training exercise earlier this month, Attorney General Andrea Joy Campbell announced Monday.
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September 23, 2024
Biden Admin Seeks To Ban Certain Chinese, Russian Car Tech
The Biden administration proposed a new policy Monday that would ban automakers from importing and selling vehicles in the U.S. with certain connectivity components made in China or Russia that pose national security risks, in an effort to protect U.S. infrastructure and American consumers.
Expert Analysis
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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Why DOJ's Whistleblower Program May Have Limited Impact
The U.S. Department of Justice’s new whistleblower pilot program aims to incentivize individuals to report corporate misconduct, but the program's effectiveness may be undercut by its differences from other federal agencies’ whistleblower programs and its interplay with other DOJ policies, say attorneys at Milbank.
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CFPB's Earned Wage Access Rule Marks Regulatory Shift
The Consumer Financial Protection Bureau's newly issued interpretive rule on earned wage access products, classifying them as extensions of credit, marks a significant shift in their regulatory landscape and raises some important questions regarding potential fringe cases and legal challenges, say Erin Bryan and Courina Yulisa at Dorsey & Whitney.
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How Calif. Justices' Prop 22 Ruling Affects The Gig Industry
The California Supreme Court's recent upholding of Proposition 22 clarifies that Uber, Lyft, DoorDash and other companies in the gig industry can legally classify their drivers as independent contractors, but it falls short of concluding some important regulatory battles in the state, says Mark Spring at CDF Labor.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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How Corner Post Affects Enviro Laws' Statutes Of Limitations
The U.S. Supreme Court's recent ruling in Corner Post v. Federal Reserve Board has helped to alter the fundamental underpinnings of administrative law — and its plaintiff-centric approach may have implications for some specific environmental laws' statutes of limitations, say Chris Leason and Liam Martin at Gallagher and Kennedy.
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How Gov't AI Protections May Affect Contractors' Data Rights
The U.S. Senate’s proposed National Defense Authorization Act for 2025, which includes provisions to maintain the government's data rights when contracting for artificial intelligence, should prompt contractors to examine how to protect their own rights when the current data rights framework is applied to AI, say Tyler Evans and Caitlin Conroy at Steptoe.
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Jarkesy May Thwart Consumer Agencies' Civil Penalty Power
The U.S. Supreme Court's ruling in U.S. Securities and Exchange Commission v. Jarkesy not only implicates future SEC administrative adjudications, but those of other agencies that operate similarly — and may stymie regulators' efforts to levy civil monetary penalties in a range of consumer protection enforcement actions, say attorneys at Holland & Knight.
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Considerations As State AGs Step Up Privacy Enforcement
As new state privacy laws take effect, businesses are facing an increasingly complex patchwork of compliance obligations and risk of scrutiny by attorneys general, but companies can gain a competitive edge by building consumer trust and staying ahead of regulatory trends, say Ann-Marie Luciano and Meghan Stoppel at Cozen O’Connor.
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Lessons From Recent SEC Cyber Enforcement Actions
The recent guidance by the SEC's Division of Corporation Finance is helpful to any company facing a cybersecurity threat, but just as instructive are the warnings raised by the SEC's recent enforcement actions against SolarWinds, R.R. Donnelley and Intercontinental Exchange, say attorneys at O'Melveny.
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2nd Circ. Ruling Reaffirms Short-Swing Claims Have Standing
The Second Circuit's recent ruling in Packer v. Raging Capital reversing the dismissal of a shareholder's Section 16(b) derivative suit seeking to recover short-swing profits for lack of constitutional standing settles the uncertainty of the district court's decision, which could have undercut Congress' intent in crafting Section 16(b) in the first place, say attorneys at Simpson Thacher.
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Viral Layoffs: How Cos. Can Avoid Bad Social Media Exposure
A recent trend of employees using social media to document their experiences with layoffs and disciplinary actions in the workplace should prompt employers to take additional precautions to avoid former workers' negative viral reviews when deciding how, when and what to communicate to employees, say Scott McIntyre and Chrissy Kennedy at BakerHostetler.
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Inside OCC's Retail Nondeposit Investment Products Refresh
In addition to clarifying safe and sound risk management practices generally, the Office of the Comptroller of the Currency's revised booklet on retail nondeposit investment products updates its guidance around certain sales practices in light of the U.S. Securities and Exchange Commission's adoption of Regulation Best Interest, say attorneys at Debevoise.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.