Compliance

  • December 12, 2024

    Cantor Fitzgerald To Pay SEC $6.75M Over SPAC Disclosures

    Cantor Fitzgerald on Thursday agreed to pay a $6.75 million penalty to the U.S. Securities and Exchange Commission to resolve claims that it caused two special purpose acquisition companies that it controls to make misleading statements to investors ahead of the SPACs' initial public offerings.

  • December 12, 2024

    SEC Fines Investment Co. For Adviser's Cherry-Picking Scheme

    The U.S. Securities and Exchange Commission announced Thursday that it fined SeaCrest Wealth Management $375,000 for allegedly failing to implement policies and procedures that would have possibly prevented the cherry-picking scheme of a former adviser, who is separately being sued by the agency.

  • December 12, 2024

    Electric Co-Ops Oppose Proposed FCC Customer Service Regs

    The National Rural Electric Cooperative Association is adding its name to the list of those who think the Federal Communications Commission's plan to impose new rules surrounding customer service is a bad idea.

  • December 12, 2024

    Sierra Club-EPA Row Has 6th Circ. Debating Smog Data

    A Sixth Circuit judge questioned Thursday whether a Sierra Club challenge over Detroit's air quality was "a debate over the science" as opposed to the law, as the group fights federal regulators' determination that air pollution in the area is under control.

  • December 12, 2024

    SEC Will Be GOP-Only Without Crenshaw's Vote, Groups Warn

    More than 40 organizations sent a collective letter to U.S. senators in support of Democrat Caroline Crenshaw's reconfirmation to the U.S. Securities and Exchange Commission on Thursday, a day after Senate Republicans blocked a closed-door vote on her nomination.

  • December 12, 2024

    Koch Foods Demands $178K For 'Burdensome' Subpoena

    Koch Foods has become the latest nonparty to an antitrust fight between Tyson Foods and a poultry rendering company to try to recover a six-figure legal bill from the latter company, after Koch said it was forced to comply with a "broad and ambiguous subpoena" for its communications with Tyson.

  • December 12, 2024

    Texas AG Targets Instagram, Reddit Over Youth Data Security

    Texas Attorney General Ken Paxton announced Thursday that his office is looking into minors' privacy and safety policies of more than a dozen tech companies, including Character.AI, Reddit and Instagram, as part of his long-running campaign to stop companies from selling minors' personal information without permission from their parents.

  • December 12, 2024

    Wash. Judge Weighs Stay Of Gas Reg Suit Amid New Cases

    A Seattle federal judge hinted on Thursday she might pause a building industry coalition's lawsuit challenging Washington regulations discouraging the use of natural gas appliances in new construction, pointing to fresh litigation in state court that could force regulators to revise the rules in the wake of an initiative voters passed in November.

  • December 12, 2024

    NY Judge Bars Pot Regulator From Processing Retail Apps

    A New York state judge Thursday ordered cannabis regulators to stop processing applications submitted by would-be marijuana sellers who did not secure a location for their proposed pot shop before November of last year, leaving hundreds of prospective retailers in limbo.

  • December 12, 2024

    AT&T Exec Can't Get Bribery Acquittal After Jury Deadlocks

    An Illinois federal judge on Thursday denied a former AT&T executive's bid for acquittal on charges he bribed ex-Illinois House Speaker Michael Madigan after his case resulted in a hung jury earlier this year, saying the government presented sufficient evidence of a quid pro quo.

  • December 12, 2024

    TD Bank Sued Over AML Controls After Ex-Employee's Arrest

    Toronto-Dominion Bank and its top brass concealed and downplayed issues with the bank's anti-money laundering controls, according to a class action filed one day after a former employee was arrested and charged with assisting in a money laundering scheme that sent millions of dollars in narcotics proceeds from the U.S. to Colombia.

  • December 12, 2024

    FDIC Must Reconsider Redactions Of Crypto 'Pause' Letters

    A Washington, D.C., federal judge told the Federal Deposit Insurance Corporation on Thursday to "make more thoughtful redactions" of certain crypto-focused letters it handed over in response to a Freedom of Information Act lawsuit filed on behalf of crypto exchange Coinbase, since the regulator's heavy-handed first pass seemed to lack a "good-faith effort."

  • December 12, 2024

    6th Circ. Appears Divided On Telecom Breach Reporting Rule

    A Sixth Circuit panel seemed split over the Federal Communications Commission's tightened telecommunications data breach rules, with one judge defending the commission as taking necessary steps to safeguard consumers from a "true" danger and another claiming that the rule seemed to run afoul of lawmakers' wishes.

  • December 12, 2024

    AGs Launch Gun Violence Crackdown With Glock Suits

    New Jersey and Minnesota unveiled lawsuits Thursday against Glock Inc. aimed at ending "once and for all" the homemade machine gun industry, marking the start of a crackdown by a coalition of enforcers looking to hold the firearms industry liable for gun violence.

  • December 12, 2024

    Rumble Gets Green Light To Join Google Ad Tech MDL

    The Judicial Panel on Multidistrict Litigation rejected Google's bid to prevent video-sharing site Rumble from having its antitrust claims over key digital advertising technology included in the consolidated litigation pending against the tech giant in New York.

  • December 12, 2024

    NY Courts Defy Watchdog, Won't Release Judicial Ethics Data

    Counsel for the New York State Unified Court System told the state transparency watchdog Wednesday it has no obligation to release judges' and court officials' financial disclosure data under public records law.

  • December 12, 2024

    Treasury Seeks To Pause Anti-Laundering Law Injunction

    The U.S. Treasury Department asked a Texas federal judge to pause his nationwide preliminary injunction of the Corporate Transparency Act pending an appeal of his recent decision that found Congress likely overstepped its constitutional authority when it wrote the anti-money laundering law.

  • December 12, 2024

    NTIA's Davidson Stepping Down Jan. 20

    The head of the U.S. Department of Commerce branch in charge of managing federal use of the airwaves as well as a sprawling broadband deployment program confirmed Thursday he will leave the role in January when the Biden administration ends.

  • December 12, 2024

    FTC Dusts Off Price Bias Law In Booze Distributor Suit

    The Federal Trade Commission sued Southern Glazer's Wine and Spirits LLC in California federal court on Thursday, dusting off a long-dormant price discrimination law with allegations that the country's largest alcohol distributor offered dramatic and unjustified discounts to large retailers that left smaller stores in the lurch.

  • December 12, 2024

    Banks Sue As CFPB Rolls Out $5 Overdraft Fee Rule

    The Consumer Financial Protection Bureau said Thursday that it has adopted a general $5 fee cap for overdraft programs at larger banks and credit unions, finalizing it as part of a new rule that banking industry groups have rapidly mobilized to block with a lawsuit.

  • December 11, 2024

    5th Circ. Tosses SEC's OK Of Nasdaq's Board Diversity Rule

    A split Fifth Circuit ruled Wednesday that Nasdaq cannot implement U.S. Securities and Exchange Commission-approved rules requiring that companies listed on the exchange disclose board diversity data, finding that the stock exchange's rules run afoul of federal securities law.

  • December 11, 2024

    Feds Fire Back At TikTok's Bid To Halt Sale-Or-Ban Law

    The federal government Wednesday urged the D.C. Circuit to reject TikTok's bid to pause legislation poised to bar the app from the U.S. market next month while it takes its First Amendment fight to the Supreme Court, arguing TikTok is "downplaying" national security concerns that prompted the law.

  • December 11, 2024

    FTC, DOJ Pull Antitrust Competitor Collaboration Guidelines

    The Federal Trade Commission and the U.S. Department of Justice announced Wednesday that they are withdrawing Clinton-era antitrust guidelines for collaborations among competitors, saying they "no longer provide reliable guidance" about how collaborations are assessed.

  • December 11, 2024

    MDL Judge Rejects Meta's Claim Discovery Is Burdensome

    A California federal magistrate judge overseeing discovery in multidistrict litigation over social-media platforms' allegedly addictive designs on Wednesday rejected Meta Platforms' arguments additional discovery sought by personal-injury plaintiffs is overly burdensome, noting that Meta's discovery production pales in comparison to the millions of documents that Meta has demanded from plaintiff states.

  • December 11, 2024

    Big Tech, 'Censorship' Animate Trump FTC Picks

    President-elect Donald Trump's picks Tuesday to lead and join the Federal Trade Commission show he plans to continue Washington's focus on antitrust enforcement against major technology platforms, while also signaling a potential shift toward more populist Republican concerns alleging that Big Tech censors conservative voices.

Expert Analysis

  • New Export Control Guidance Raises The Stakes For Banks

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    Recent guidance from the Bureau of Industry and Security alerts banks that they could be liable for facilitating export control violations, the latest example of regulators articulating the expectation that both financial institutions and corporations serve as gatekeepers to mitigate crime and aid enforcement efforts, say attorneys at Freshfields.

  • Opinion

    Judicial Committee Best Venue For Litigation Funding Rules

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    The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.

  • Fluoride Ruling Charts Path To Bypass EPA Risk Evaluations

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    A California federal court's recent ruling in Food and Water Watch v. U.S. Environmental Protection Agency, ordering the agency to address the public health risks of fluoridated drinking water, establishes a road map for other citizen petitioners to bypass the EPA's formal risk evaluation process, say attorneys at Wiley.

  • The Strategic Advantages Of Appointing A Law Firm CEO

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    The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.

  • Don't Phone A Friend: Disclosing Friendships With Executives

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    The U.S. Securities and Exchange Commission's recent settlement against a former Church & Dwight chairman for violating proxy disclosure rules by neglecting to disclose his friendship with an executive officer amid a CEO search illustrates the perils of relying solely on responses to questionnaires circulated to boards, say attorneys at BCLP.

  • Planning For Cyber Incident Reporting Requirements In Sports

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    Attorneys at Wiley discuss the proposed rules under the Cybersecurity Incident Reporting for Critical Infrastructure Act that would impose extensive reporting requirements on professional and collegiate athletic organizations, universities and sports venues, including defining a covered entity and analyzing the types of events that would trigger reporting.

  • Why Diversity Jurisdiction Poses Investment Fund Hurdles

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    Federal courts' continued application of the exacting rules of diversity jurisdiction presents particular challenges for investment funds, and in the absence of any near-term reform, those who manage such funds should take action to avoid diversity jurisdiction pitfalls, say attorneys at Sher Tremonte.

  • The Ups And Downs Of SEC's Now-Dissolved ESG Task Force

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    The U.S. Securities and Exchange Commission's Climate and ESG Enforcement Task Force, which was quietly disbanded sometime over the summer, was marked by three years of resistance from some stakeholders to ESG regulation, a mixed record in the courts and several successful enforcement actions, say attorneys at Crowell & Moring.

  • FDIC Guidance Puts Next-Gen ATMs In Regulatory Spotlight

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    The boring existence of ATMs is changing thanks to the emergence of new-age interactive teller machines, prompting the Federal Deposit Insurance Corp. to sound off in a potentially influential August letter to branches on which services might need regulatory approval, says Thomas Walker at Jones Walker.

  • Series

    Beekeeping Makes Me A Better Lawyer

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    The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.

  • Understanding New ACH Network Anti-Fraud Rules

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    Many of the National Automated Clearing House Association’s recent amendments to ACH network risk management rules went into effect this month, so financial institutions and corporations must review and update their internal policies as needed, says Aisha Hall at Taft.

  • Useful Product Doctrine May Not Shield Against PFAS Liability

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    Courts have recognized that companies transferring hazardous recycled materials can defeat liability under environmental laws by showing they were selling a useful product — but new laws in California and elsewhere restricting the sale of per- and polyfluoroalkyl substances may change the legal landscape, says Kyle Girouard at Dickinson Wright.

  • The OIG Report: Bad Timing For FEC To Be Underresourced

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    With less than two weeks to the election, the Federal Election Commission’s job has never been more urgent, but a report from its Office of the Inspector General earlier this year found that the agency is facing a resource squeeze that will only get worse without corrective action, says Diana Shaw at Wiley.

  • Tobacco Surcharge Suits Spotlight Wellness Reg Compliance

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    A mounting wave of tobacco-user surcharge litigation against employee benefit plans highlights compliance challenges associated with the Health Insurance Portability and Accountability Act wellness regulations, and reminds plan sponsors to ask existential questions about the utility of their wellness programs, say Finn Pressly and Lesley Wolf at Ballard Spahr.

  • 6 Tips For Cos. Facing Service Provider Cyber Incidents

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    When a third-party service provider experiences a cybersecurity incident, businesses may wonder if their information is compromised and if their systems are safe, but there are certain steps that can help businesses prepare for and respond to targeted attacks on vendors, say attorneys at Troutman Pepper.

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