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Compliance
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October 22, 2024
Texas Firm 'Tortured' Barratry Case, Appeals Court Hears
A Texas law firm accused of ambulance chasing told a state appeals court that the opposition had "tortured" the case, saying during oral arguments Tuesday that Bandas Law Firm PC pursued the case merely as an extortion racket.
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October 22, 2024
Fraud Detector Inks $500K Deal In Webster Bank Breach Probe
A fraud detection vendor servicing Webster Bank NA will pay $500,000 to settle an investigation into a data breach that exposed the personal information of nearly 158,000 Connecticut residents, the state attorney general's office has announced.
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October 22, 2024
UFC Fighters Win Initial OK On $375M Wage Suppression Deal
A Nevada federal judge on Tuesday gave his blessing to a $375 million settlement resolving a group of former UFC fighters' claims that the organization for years underpaid match participants, the fighters' counsel confirmed.
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October 22, 2024
Ex-Yale Student Wants Full Acquittal Record Sent To DHS
An expelled Yale University student on Tuesday urged the Second Circuit to quickly vacate orders barring him from giving the U.S. Department of Homeland Security an unredacted transcript that resulted in his acquittal of sex crimes, saying a delay could seal his deportation and thus his execution by the Taliban.
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October 22, 2024
Wis. Voting Portal Fails Data Security Test, Suit Says
A pair of Wisconsin voters are pushing to stop the state from continuing to use an online voter registration system that they claim lacks adequate data security measures, including safeguards to prevent the dissemination of fraudulent absentee ballots, according to a lawsuit filed.
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October 22, 2024
Activist Short Seller's Associate To Pay $1.8M In SEC Fraud Suit
The U.S. Securities and Exchange Commission announced Tuesday that an associate of Andrew Left, founder of popular trading advice website Citron Research, has agreed to pay more than $1.8 million to resolve allegations that he negligently took part in a scheme to defraud readers through two trading recommendations.
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October 22, 2024
Ex-Google GC Must Be Investigated By Calif. Bar, Groups Say
A trio of groups led by the American Economic Liberties Project on Tuesday pressed the State Bar of California to investigate former Google general counsel Kent Walker for "coaching" the company to "engage in widespread and illegal destruction of records relevant to multiple ongoing federal trials."
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October 22, 2024
Walmart Pays $7.5M To End Hazardous Waste Disposal Suit
Walmart Inc. has agreed to pay $7.5 million to settle a lawsuit brought by the state of California and district attorneys of several counties who alleged the retail giant improperly disposed of hazardous and medical wastes from its locations to municipal landfills, Attorney General Rob Bonta announced on Tuesday.
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October 22, 2024
Supervisor Could've Prevented Electrician's Death, Widow Says
The widow of a man who was electrocuted told a Texas appeals court during oral arguments Tuesday that it wouldn't matter if there was a supervisor looking over the deceased man's shoulder, claiming the question never came up because there wasn't a qualified supervisor on site.
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October 22, 2024
Calif. Official Cops To Taking Bribes For $10M In Contracts
A member of the Orange County Board of Supervisors has admitted to steering $10 million worth of COVID-19 relief funds to a charity affiliated with his daughter in exchange for more than $500,000 in bribes, California federal prosecutors announced Tuesday.
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October 22, 2024
Ga. Tech Says No Basis For Feds' Cybersecurity FCA Suit
The Georgia Institute of Technology has urged a Georgia federal judge to toss a False Claims Act suit accusing the university of knowingly failing to comply with U.S. Department of Defense cybersecurity standards, saying those rules didn't apply to its research contracts.
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October 22, 2024
Ohio Pension Funds Say Boeing Puts Profits Over Safety
Two Ohio pension funds joined a Virginia federal lawsuit accusing Boeing executives and board members of putting profits over safety and regulatory compliance, causing a series of catastrophes and losing millions of dollars for investors, the Ohio Attorney General's Office said Tuesday.
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October 22, 2024
Crypto Bills Have Lame Duck Potential, Rep. Hill Says
The chair of the U.S. House's digital asset subcommittee said Tuesday he is "still optimistic" a market structure bill for crypto and a framework for so-called stablecoins might move forward in some way during the upcoming lame duck session of Congress.
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October 22, 2024
FTC On Cusp Of H&R Block False Ad Settlement
The Federal Trade Commission has come to an agreement with H&R Block to settle claims of deceptive advertising and has withdrawn its complaint in order for the full commission to vote on the deal.
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October 22, 2024
Feds Granted More Time For New Gulf Drilling Review
A Maryland federal judge has agreed to delay the date by which she will vacate a National Marine Fisheries Service review of the effects of oil and gas drilling in the Gulf of Mexico after the agency explained that it would not be able to complete a new review by the original Dec. 20 deadline.
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October 22, 2024
Organic Food Group Asks 9th Circ. To Upend GMO Label Rule
An organic food industry advocacy group urged the Ninth Circuit on Tuesday to reverse a district judge decision that largely left a Trump-era organic food labeling rule intact, saying the U.S. Department of Agriculture's implementation of a nationwide labeling law for genetically modified foods has been "arbitrary and capricious."
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October 22, 2024
Alaska Flyers Lose Bid to Revive Merger Suit
The Hawaii federal judge who put the kibosh on a suit that sought to stop Alaska Airlines' $1.9 billion merger with Hawaiian Airlines declined to reconsider his finding that the passengers and travel agents bringing the antitrust claims didn't have standing to sue.
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October 22, 2024
UFC Parent Can't Escape Remaining Wages Suit, Fighters Say
The fighters in a wage dispute against UFC that remains unsettled told a Nevada federal court that it is too early for the MMA organization's parent company, Endeavor Group, to exit the ongoing class action without proper discovery.
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October 22, 2024
SEC Fines 4 Cos. Over SolarWinds Breach Disclosures
The U.S. Securities and Exchange Commission on Tuesday announced penalties totaling nearly $7 million against four tech companies it accused of downplaying the impact of cybersecurity breaches tied to foreign state actors that infiltrated software sold by SolarWinds Corp.
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October 22, 2024
Meta Escapes Child Protection Investor Suit For Good
A California federal judge on Tuesday threw out a lawsuit alleging Meta Platforms misled investors about its efforts to protect children from sexual predators, holding that the social media giant's so-called "half-truths" are not actionable under securities laws.
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October 22, 2024
Halkbank Not Immune In Sanctions Case, 2nd Circ. Says
The Second Circuit ruled Tuesday that Turkish state-owned bank Halkbank doesn't have common-law foreign sovereign immunity from charges that it laundered about $1 billion in sanctioned Iranian oil proceeds if the U.S. government's executive branch says it doesn't.
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October 22, 2024
DOJ Wants Google's AI Search Docs, Apple Entry Thoughts
An expansive look into Google's artificial intelligence pipeline and the prospects of Apple entering into the search market are top of mind for the Justice Department as it pursues remedies meant to address the online giant's illegal monopolization of search, according to a D.C. federal court filing Monday.
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October 22, 2024
Starbucks Shareholder Sues Execs Over $890M Buyback
A Starbucks Corp. shareholder on Monday accused the coffee giant's former CEO and current and former company directors — including Microsoft CEO Satya Nadella — of misleading investors about future growth and revenues, resulting in a stock buyback program that was allegedly inflated by more than $227 million.
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October 22, 2024
Stigma Of Disability In Legal Industry Is 'Very Real,' Panel Says
People with disabilities still face challenges when pursuing a legal career, but law firms, law schools, bar associations and corporate legal departments can take steps to help advance disability equality, according to panelists speaking Tuesday for National Disability Employment Awareness Month.
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October 22, 2024
Talkiatry CEO On How Digital Healthcare Has 'Matured'
Digital health has come a long way in recent years, but it's still got plenty of growing up to do. That's according to Robert Krayn, co-founder and CEO of virtual psychiatry platform Talkiatry.
Expert Analysis
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Calif. Bill, NTIA Report Illustrate Open-Model AI Safety Debate
The National Telecommunications and Information Administration’s balanced recommendations for preventing misuse of open artificial intelligence models, contrasted with a more aggressive California bill, demonstrate an evolving regulatory debate about balancing democratic access to this powerful new technology against potential risks to the public, say Stuart Meyer and Fredrick Tsang at Fenwick.
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5 Lessons From Consulting Firm's Successful DOJ Disclosure
The Boston Consulting Group recently received a rare declination of prosecution from the U.S. Department of Justice after self-disclosing a foreign bribery scheme, and the firm’s series of savvy steps after discovering the misconduct provides useful data points for white collar defense attorneys, says Jonathan Porter at Husch Blackwell.
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What To Know About Ill. Employment Law Changes
Illinois employers should review their policies in light of a number of recent changes to state employment law, including amendments to the state’s Human Rights Act and modifications to the Day and Temporary Labor Services Act, say attorneys at Kilpatrick.
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'Greenhushing': Why Some Cos. Are Keeping Quiet On ESG
A wave of ESG-related litigation and regulations have led some companies to retreat altogether from any public statements about their ESG goals, a trend known as "greenhushing" that was at the center of a recent D.C. court decision involving Coca-Cola, say Gonzalo Mon and Katie Rogers at Kelley Drye.
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Complying With FTC's Final Rule On Sham Online Reviews
The Federal Trade Commission's final rule on deceptive acts and practices in online reviews and testimonials is effective Oct. 21, and some practice tips can help businesses avert noncompliance risks, say Airina Rodrigues and Jonathan Sandler at Brownstein Hyatt.
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7 Takeaways For Investment Advisers From FinCEN AML Rule
With a new FinCEN rule that will require covered investment advisers to implement anti-money laundering programs and comply with extra recordkeeping requirements by 2026, companies should begin planning necessary updates to their policies and procedures by focusing on seven of the rule’s key requirements, identified by attorneys at Simpson Thacher.
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Basics Of Collective Bargaining Law In Principle And Practice
Excerpt from Practical Guidance
Rebecca Bernhard and Jennifer Service at Barnes & Thornburg discuss the nuts and bolts of what the National Labor Relations Act requires of employers during collective bargaining, and translate these obligations into practical steps that will help companies prepare for, and succeed during, the negotiation process.
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Mich. Whistleblower Ruling Expands Retaliation Remedies
The Michigan Supreme Court's recent Occupational Health and Safety Act decision in Stegall v. Resource Technology is important because it increases the potential exposure for defendants in public policy retaliation cases, providing plaintiffs with additional claims, say Aaron Burrell and Timothy Howlett at Dickinson Wright.
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What VC Fund Settlement Means For DEI Grant Programs
An unexpected settlement in American Alliance for Equal Rights v. Fearless Fund, based on specific details of an Atlanta venture capital fund's challenged minority grant program, leaves the legal landscape wide open for organizations with similar programs supporting diversity, equity and inclusion to chart a path forward, say attorneys at Moore & Van Allen.
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Opinion
A Fuzzy Label With Bite: FTC Must Define Surveillance Pricing
The Federal Trade Commission recently issued orders to eight companies — including Mastercard, McKinsey and Chase — seeking information on "surveillance pricing," but the order doesn't explain the term or make the distinction between legal and illegal practices, leaving any company that uses personalized pricing in the dark, says Chris Wlach at Huge.
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Opinion
CMS' New 'Breakthrough' Device Policy Shows Little Promise
The Centers for Medicare & Medicaid Services’ recent procedural notice outlining a new Medicare coverage pathway for breakthrough medical devices will, at best, be a failed experiment and, at worst, result in Medicare beneficiaries denied access to innovative treatments, say attorneys at King & Spalding.
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Assessing Algorithmic Versus Generative AI Pricing Tools
A comparison of traditional algorithmic pricing models and those powered by generative artificial intelligence can help regulators and practitioners weigh the pros and cons of relying on large language models to price products or services, say Maxime Cohen at McGill University, and Tim Spittle and Jimmy Royer at Analysis Group.
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Missouri Injunction A Setback For State Anti-ESG Rules
A Missouri federal court’s recent order enjoining the state’s anti-ESG rules comes amid actions by state legislatures to revise or invalidate similar legislation imposing disclosure and consent requirements around environmental, social and governance investing, and could be a blueprint for future challenges, say attorneys at Paul Hastings.
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An Overview Of New Export Controls On Advanced Tech
With a new rule that took effect this month, the U.S. Department of Commerce's Bureau of Industry and Security continues to expand export controls on advanced technologies, including semiconductor, additive manufacturing and quantum computing, in coordination with international partners, say attorneys at Arnold & Porter.
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Nuclear Waste Storage Questions Justices May Soon Address
The petition for the U.S. Supreme Court to review U.S. Nuclear Regulatory Commission v. Texas stands out for a number of reasons — including a deepening circuit split regarding the NRC's nuclear waste storage authority under the Atomic Energy Act, and broader administrative law implications, say attorneys at MoloLamken.