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Compliance
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March 06, 2025
Senate Panel Backs McKernan For CFPB, 3 Other Trump Picks
A U.S. Senate panel on Thursday advanced President Donald Trump's nomination of Jonathan McKernan to head the Consumer Financial Protection Bureau, setting him up for likely confirmation to the beleaguered agency.
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March 06, 2025
DC Judge Won't Block USAID From Firing Contractors
A D.C. federal judge on Thursday declined to temporarily block the termination of personal services contractors working for the U.S. Agency for International Development, concluding their challenge to the dismantling of the agency is likely ill-suited for federal court.
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March 06, 2025
Senate Panel Advances Trump's Pick For DOL Deputy
A U.S. Senate committee advanced President Donald Trump's nominee for deputy labor secretary Thursday despite concerns from Democrats about U.S. Department of Labor layoffs.
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March 05, 2025
SpaceX Fails To Get 5th Circ. To Block NLRB Case
The Fifth Circuit on Wednesday dismissed SpaceX's appellate court bid to stop a National Labor Relations Board administrative proceeding alleging it unlawfully fired employees who criticized company CEO Elon Musk, saying the circuit court lacked jurisdiction since a lower court didn't first deny SpaceX's injunctive relief request.
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March 05, 2025
DOGE Firings, Agency Cuts Targeted In New Sierra Club Suit
The Sierra Club and Union of Concerned Scientists were among several groups that lobbed a new suit against Elon Musk and the Department of Government Efficiency on Wednesday, slamming the billionaire and DOGE for the "lawless" slashing of funds and federal workers.
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March 05, 2025
Utah Poised To Be 1st To Require App Stores To Verify Ages
Utah lawmakers on Wednesday sent to the governor's desk first-of-its-kind legislation that would require app stores such as the ones operated by Apple and Google to verify users' ages and block those who are under 18 from downloading apps or making in-app purchases without parental consent.
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March 05, 2025
DC Circ. Lets Trump Remove Watchdog Chief As Feds Appeal
The D.C. Circuit on Wednesday issued a stay that allows President Donald Trump to fire the head of the Office of Special Counsel while the government appeals a district court order that permanently reinstalled the federal employment watchdog.
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March 05, 2025
Wyo. Firm's 'Classic' Ponzi Scheme Made $92M, Investors Say
A group of would-be investors has filed suit against a purported investment management company and associated entities and individuals, alleging they were taken in by a "classic Ponzi scheme" that raked in at least $92 million from its victims.
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March 05, 2025
NJ US Atty Says FCPA Case Delay Pauses Speedy Trial Clock
The adjournment of the government's Foreign Corrupt Practices Act case against two former Cognizant Technology Solutions Corp. executives should stop the Speedy Trial Act clock because the case needs a "fulsome review" in light of the pause in FCPA enforcement, New Jersey's freshly minted top federal prosecutor told a judge Wednesday.
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March 05, 2025
MSPB Temporarily Reinstates Fired Agriculture Dept. Workers
The Merit Systems Protection Board stayed the firings of over 5,600 probationary employees of the U.S. Department of Agriculture on Wednesday, ordering the employees back to work while the U.S. Office of the Special Counsel continues investigating whether the dismissals were a prohibited personnel practice.
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March 05, 2025
Contractors Claim Constitutional Injury In USAID Cuts
A group representing U.S. citizen personal services contractors working for the U.S. Agency for International Development insisted before a D.C. federal judge on Wednesday that their challenge to the Trump administration's dismantling of the humanitarian agency differs from another brought by workers employed directly by USAID.
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March 05, 2025
Agri Stats Wants Another Shot At DOJ Specifics
Agri Stats is continuing to ask a Minnesota federal court to force the U.S. Department of Justice to identify specific data fields in the company's industry reports that allegedly allow chicken, pork and turkey producers to exchange competitively sensitive information.
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March 05, 2025
'Hot Damn' To FCC Taking On Pole Cost Fixes, Cable Biz Says
A Republican on the Federal Communications Commission told cable leaders Wednesday it should be a key FCC priority to reform cost sharing rules for upgrading utility poles to accommodate broadband equipment.
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March 05, 2025
FINRA Fines NJ Firm, Suspends AML Compliance Officer
The Financial Industry Regulatory Authority has fined Network 1 Securities and suspended its anti-money laundering compliance officer over their alleged failure to design a reasonable compliance program to prevent money laundering.
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March 05, 2025
Feds Allege Vast Overseas Insider Trading Scheme
Two foreigners are facing criminal charges and civil securities fraud claims for allegedly masterminding a multinational, yearslong insider trading scheme that generated millions of dollars in illicit profits by trading on leaked information ahead of business developments.
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March 05, 2025
Claimed Church Leader Ruled To Owe $1.3M In Taxes
A claimed church leader owes $1.3 million in tax debt after he was caught selling tax avoidance schemes, a Washington federal judge ruled Wednesday, rejecting his request for more time to mount a challenge and describing him as uncooperative.
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March 05, 2025
Igloo Must Pay For Finger-Chopping Coolers, Consumer Says
A California man is suing beverage storage company Igloo over its popular coolers and ice chests that he says have pinched, broken and even amputated fingertips, saying in a federal suit that the company's remedial efforts haven't been enough.
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March 05, 2025
Black Colo. Homeowner Joins DOJ's Race Bias Refi Suit
A Denver homeowner joined the federal government in its suit accusing Rocket Mortgage LLC and other parties in Colorado federal court of deliberately undervaluing her home because she's a Black woman.
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March 05, 2025
Feds Urge Justices To Allow Nuke Waste Storage In Texas
The federal government on Wednesday told U.S. Supreme Court justices that the Fifth Circuit wrongly inserted itself into the debate over U.S. nuclear waste policy by nixing federal approval for a temporary storage facility in Texas.
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March 05, 2025
GOP Bid To Nix CFPB Payment Oversight Rule Clears Senate
The U.S. Senate on Wednesday passed a measure to nullify the Consumer Financial Protection Bureau's Biden-era digital payments supervision rule, advancing a Republican effort to block the agency from exercising greater oversight of big payment app providers.
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March 05, 2025
Ga. Clinic Bilked Federal Healthcare Programs, FCA Suit Says
A Georgia federal judge has unsealed a whistleblower lawsuit against a respiratory clinic accusing it of using unlicensed medical personnel, bilking Medicare and Medicaid by submitting thousands of fraudulent claims, and pushing its patients into unnecessary treatment to milk them for cash.
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March 05, 2025
SEC Defends 'Follow-On' Action From Post-Jarkesy Challenge
The U.S. Securities and Exchange Commission is defending its ability to pursue industry bars in its administrative court, telling a Washington, D.C., federal judge that a recent U.S. Supreme Court decision limiting the use of in-house courts does not prevent the agency from booting a father and son duo from the investment advisory industry.
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March 05, 2025
Enviro, Transit Groups Back NY In Congestion Pricing Battle
Transit and environmental advocates have sought to join the legal fight to preserve New York City's congestion pricing, saying the Trump administration is using dubious rationale to justify terminating federal approval for the program when the decision was actually driven by political animus.
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March 05, 2025
SEC Asks To Toss Subpoena Suit Against Telehealth Co.
The U.S. Securities and Exchange Commission asked a New York federal judge Wednesday to dismiss its suit aimed at forcing a weight-loss-focused telehealth company to comply with a subpoena, saying the company has since provided the requested documents and otherwise complied with the subpoena.
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March 05, 2025
DOJ's Absence Felt At ABA Conference On White Collar Crime
Officials from the U.S. Department of Justice were conspicuously absent Wednesday from the American Bar Association's annual white collar crime conference, leaving organizers scrambling to fill empty panel seats and practitioners guessing as to what the Trump administration's enforcement priorities will be.
Expert Analysis
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3 Ways Trump Can Nix SEC's Climate Disclosure Rules
Given President Donald Trump's campaign statements and agency appointments, it's likely that his administration will try to annul the U.S. Securities and Exchange Commission's climate disclosure rules, but his options for doing so present unique opportunities and challenges, with varying levels of permanence and impact, say attorneys at DLA Piper.
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A Compliance Update For Credit Card Reward Partnerships
While the Consumer Financial Protection Bureau's interest in credit card rewards programs could fade under the new administration, a recent circular focusing on both issuers and their merchant partners means that co-brand credit card partnerships with banks could be subject to increased scrutiny ahead, say attorneys at Goodwin.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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How FTC Consumer Protection May Fare Under Reg Freeze
Attorneys at Crowell & Moring consider how President Donald Trump's executive order directing agencies to freeze all pending rulemaking activity may frustrate any Federal Trade Commission efforts to change or eliminate rules that made it across the finish line before the inauguration.
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Critical Steps For Navigating Intensified OFAC Enforcement
The largely overlooked SkyGeek settlement from the end of 2024 heralds the arrival of the Office of Foreign Assets Control's long anticipated enhanced enforcement posture and clearly demonstrates the sanctions-compliance benefits of immediately responding to blocked payments, says Jeremy Paner at Hughes Hubbard.
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Unpacking HHS' Proposal To Amend HIPAA Security Rule
While the U.S. Department of Health and Human Services' proposal to amend the Health Insurance Portability and Accountability Act's security rule could face scrutiny under the Trump administration, it reflects a clear concern over health data security and could push entities to implement operational changes, say attorneys at Sheppard Mullin.
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Expect Scrutiny Of Banks To Persist, Even Under Trump
Although the change in administrations brings some measure of uncertainty as to the nature of bank compliance oversight, if regulators in Washington, D.C., attempt to dilute the vigilance of federal superintendence, the states are waiting in the wings to fill the void, say attorneys at Polsinelli.
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Reg Waiver Eases Calif. Rebuilding, But Proceed With Care
California Gov. Gavin Newsom's executive order suspending some environmental review and permitting requirements for the reconstruction of homes and businesses damaged by recent wildfires may streamline rebuilding efforts, but will require careful navigation of the evolving regulatory landscape, says Gregory Berlin at Alston & Bird.
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The Post-Macquarie Securities Fraud-By-Omission Landscape
While the U.S. Supreme Court's 2024 opinion in Macquarie v. Moab distinguished inactionable "pure omissions" from actionable "half-truths," the line between the two concepts in practice is still unclear, presenting challenges for lower courts parsing statements that often fall within the gray area of "misleading by omission," say attorneys at Katten.
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Trump's Energy Plans: Climate, Data Centers, LNG And More
With a host of executive orders addressing climate and emissions policies, expanded energy development, offshore and onshore projects, liquefied natural gas and more, the second Trump administration has already given energy companies much to consider, say attorneys at Gibson Dunn.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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Managing Transatlantic Antitrust Investigations And Litigation
As transatlantic competition regulators cooperate more closely and European antitrust investigations increasingly spark follow-up civil suits in the U.S., companies must understand how to simultaneously juggle high-stakes multigovernment investigations and manage the risks of expensive new claims across jurisdictions, say lawyers at Paul Weiss.
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What To Do When ICE Shows Up At The Hospital
In light of recent executive orders and changes to enforcement directives permitting U.S. Immigration and Customs Enforcement agents to enter sensitive locations like hospitals, healthcare providers should understand how to balance compliance with existing health laws and patient care obligations, say attorneys at Davis Wright.
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Cos. Must Prepare For Heightened Trade Enforcement Risks
Recent trade enforcement cases — including criminal prosecutions for tariff evasion — as well as statements from the Trump administration make it clear that companies must assess their risk profiles, review compliance programs and communication policies, and consider protocols for responding to subpoenas, say attorneys at Miller & Chevalier.
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Trump's Energy Plans: Funding, Permits And Nuclear Power
In the wake of President Donald Trump's flurry of first-day executive orders focusing on the energy sector, attorneys at Gibson Dunn analyze what this presidency will mean for energy-related grants and loans, changes to permitting processes and developments in nuclear power.