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Compliance
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December 16, 2024
CFPB Says Conn. Decision Supports Its Case Against Lender
The Consumer Financial Protection Bureau has said a Connecticut Appellate Court decision last week in a lender's case against the state banking department bolsters its own parallel federal proceeding against the same entity, noting that the state court rejected the lender's claims that federal and state regulations do not align.
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December 16, 2024
Cos. Urge Judge To Maintain Injunction On Transparency Law
A Texas federal judge doesn't need to stay his preliminary injunction on the rollout of new corporate transparency rules while the U.S. government's appeal of his decision is pending at the Fifth Circuit, a business lobbying group and others said Monday.
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December 16, 2024
Albertsons Says Kroger 'Squandered' $25B Merger Bid
The Kroger Co. Inc. "willfully squandered" opportunities to complete a now-blocked $24.6 billion mega-merger with Albertsons Cos. Inc., according to an unsealed five-count lawsuit in Delaware's Court of Chancery potentially seeking billions in damages.
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December 16, 2024
SEC Wants Out Of PE Firm's 'Fishing Expedition' Suit
The U.S. Securities and Exchange Commission has asked a Texas federal judge to toss a suit brought by a real estate-focused private equity fund alleging the SEC subjected it to an unconstitutional "fishing expedition" outside its regulatory purview, arguing that sovereign immunity bars the firm's claims and that the court has no jurisdiction over the case.
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December 16, 2024
ICE Contractor Claims Immunity From Family Separation Suit
Transportation services provider MVM Inc. is arguing a father and son suing it for its role in a Trump administration policy that separated them and thousands of other immigrant families can't show it acted unlawfully or outside the bounds of a valid federal contract, dooming their litigation.
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December 16, 2024
Investment Pro Denies $600M 'Cherry-Picking' Fraud Charges
A California investment executive on Monday denied cheating a group of his firm's clients by assigning them poorer-performing trades, pleading not guilty before a Manhattan federal judge to what prosecutors call a $600 million criminal "cherry-picking" fraud.
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December 16, 2024
Honeywell Pollution Suit Belongs In Ga. Court, 11th Circ. Told
A Georgia city suing Honeywell International Inc. over the company's alleged pollution of coastal waterways told the Eleventh Circuit Monday that the Environmental Protection Agency's supervision of remediation efforts can't transform Honeywell into a federal officer, thus denying the company the jurisdiction it needs to move the case into federal court.
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December 16, 2024
Ozy Media CEO Gets Almost 10 Years For Investor Fraud
A New York federal judge on Monday sentenced former Ozy Media CEO Carlos Watson to nearly 10 years in prison following his conviction at trial for lying to banks and investors to secure tens of millions of dollars in funding for the nascent multimedia company.
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December 16, 2024
High Court Bar's Future: Latham's Roman Martinez
Roman Martinez of Latham & Watkins LLP approaches oral arguments before the U.S. Supreme Court as if they were just another dinner with family or friends — people he's argued with since he was a kid.
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December 16, 2024
Ex-Top Aide To NYC Mayor Denies Guilt As Indictment Looms
A former top adviser to New York City Mayor Eric Adams professed innocence Monday as she braced for state criminal charges related to allegedly improper gifts.
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December 16, 2024
Justices Cite Loper Bright, Remand NLRB Successor Bar Case
The U.S. Supreme Court remanded an NLRB dispute Monday about a Puerto Rico hospital's liability for withdrawing recognition from a union under the agency's successor bar standard, telling the D.C. Circuit to review its deference to the board under Loper Bright.
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December 16, 2024
IRS Corrects Regs On Direct Pay Of Partnership Tax Credit
Internal Revenue Service issued a correction Monday to final regulations that make it easier for tax-exempt entities that co-own development projects to qualify for a direct cash payment of clean energy tax credits by electing out of their partnership tax status.
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December 16, 2024
Justices Won't Hear 3rd Circ. CFPB Student Loan Trust Case
The U.S. Supreme Court said Monday that it would leave in place a lower court decision allowing the Consumer Financial Protection Bureau to sue securitization trusts over their servicers' treatment of borrowers, declining to take up a challenge to the scope of the agency's enforcement authority.
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December 16, 2024
Justices Preserve Calif. Vehicle Emissions Autonomy
The U.S. Supreme Court on Monday declined to review whether the U.S. Environmental Protection Agency has the authority to allow California to set its own greenhouse gas emissions standards for vehicles, a power red states had challenged as unconstitutional.
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December 14, 2024
IRS Criminal Probes On Worker Retention Cases Still Early
The Internal Revenue Service's criminal arm is still in the early stage of investigating the most extremely fraudulent claims of a tax credit intended to reward businesses for retaining employees during the COVID-19 pandemic, an official said Saturday.
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December 13, 2024
3 Pa. Counties Urge Justices To Review Ballot Date Rule
The election boards of Pennsylvania's three most populous counties have urged the U.S. Supreme Court to determine whether the state's requirement that mail-in ballots have handwritten dates on their outer envelopes violates the materiality provision of the Civil Rights Act, arguing that a Third Circuit panel interpreted the provision too narrowly.
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December 13, 2024
Apple Can't Drag Out Privilege Claims Re-Review, Judge Says
A California federal magistrate judge on Friday rejected Apple's argument that Apple and Epic Games should agree on a document-review protocol before Apple re-reviews 57,000 documents it claims are attorney-client privileged in their antitrust fight, telling Apple's counsel such a process would likely drag out litigation without being useful.
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December 13, 2024
Real Estate Recap: New Mapping, Terrorism, What We Learned
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including a new state-by-state mapping tool for real estate practitioners, one BigLaw attorney's view of terrorism liability safeguards for commercial real estate, and takeaways from the multifamily and life sciences sectors in 2024.
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December 13, 2024
Feds Suggest Protections For Salamander, Mussels Habitat
The U.S. Fish and Wildlife Service has proposed protections for the eastern hellbender salamander as well as for the habitats of several species of endangered freshwater mussels, according to a pair of recent announcements.
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December 13, 2024
Advocacy Group Has Change Of Heart On SEC Reg Challenge
An investor advocacy organization that sued the U.S. Securities and Exchange Commission over its recently adopted "tick size" rule has said it will let others take the reins of the lawsuit because it is worried that the incoming administration will not propose the stronger stock market regulations it wants.
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December 13, 2024
NHTSA Publishes Whistleblower Program Final Rule
The National Highway Traffic Safety Administration finalized its whistleblower program, which could award as much as 30% of monetary sanctions to a worker of an auto manufacturer who calls out bad behavior.
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December 13, 2024
SEC Sued In 9th Circ. To Move On Accredited Investor Petition
The U.S. Securities and Exchange Commission is facing a Ninth Circuit lawsuit seeking to force it to address a proposal that would change the definition of "accredited investor" so that lower and middle-income Americans can invest in the private markets.
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December 13, 2024
Del. Chancellor Positions Musk Pay Fight For Likely Appeal
Delaware's chancellor positioned for likely appeals late Friday final pieces of a landmark six-year battle over Tesla Inc.'s attempt to award CEO Elon Musk a more than $55 billion, 10-year pay package, in a trio of orders that also directed the company to pay in cash or post sufficient bond for a $345 million stockholder attorney fee.
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December 13, 2024
SEC's Corporation Finance Director Gerding To Step Down
The U.S. Securities and Exchange Commission announced Friday that the head of its Division of Corporation Finance, who oversaw the finalization of controversial new rules covering environmental disclosures and share repurchases, will leave the agency at the end of the year.
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December 13, 2024
DC Circ. Declines To Disturb Law That Could Ban TikTok
The D.C. Circuit on Friday rejected TikTok's request for a preliminary injunction delaying implementation of a law requiring the app to split with its Chinese parent company ByteDance Ltd. or face a nationwide ban, saying that TikTok wants to block "the enforcement of a presumptively valid act of Congress."
Expert Analysis
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Call For Input Shows How Banks, Fintechs Can Address Risks
A recent request for information by federal banking regulators suggests that watchdogs are zeroing in on the bank-fintech partnerships they have long perceived as risky to consumers, but analyzing the publication can help companies anticipate regulators’ chief concerns and take steps to avoid becoming enforcement targets, say attorneys at K&L Gates.
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NYC Hotel Licensing Law's Costs May Outweigh Its Benefits
A hotel licensing bill recently approved by New York's City Council could lead to the loss of many nonunionized hotels that cannot afford to comply, says Stuart Saft at Holland & Knight.
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E-Discovery Quarterly: Recent Rulings On Metadata
Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.
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How New OCC Priorities Will Affect Bank Compliance
With the Office of the Comptroller of the Currency recently releasing a new bank supervision plan for fiscal year 2025, all banks, not only those primarily supervised by the OCC, should consider how compliance with its guidelines creates opportunities and challenges, says Andrew Karp at Cadwalader.
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Parsing SEC's Emerging Trend Of Section 204A Enforcement
The U.S. Securities and Exchange Commission recently settled with Sound Point Capital Management for violating Section 204A of the Investment Advisers Act, adding to a slew of charges against investment advisers that allegedly failed to safeguard material nonpublic information, say attorneys at Cozen O'Connor.
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Comparing Antitrust Outlooks Amid Google Remedy Review
As the U.S. Justice Department mulls potential structural remedies after winning its recent case against Google, increased global scrutiny of Big Tech leaves ex post and ex ante antitrust approaches ripe for evaluation, say Nishant Chadha at the Indian School of Business and Manisha Goel at Pomona College.
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Website Accessibility Ruling Leaves Circuit Split Unresolved
A New York federal court's recent decision in Mejia v. High Brew Coffee, holding that stand-alone websites are not "public accommodations" subject to the Americans with Disabilities Act, further complicates a long-running circuit split on this question — even as courts are burdened with thousands of similar lawsuits, say attorneys at Mandelbaum Barrett.
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SEC Rulemaking Radar: The View From Election Day
The U.S. Securities and Exchange Commission seems poised to tackle many of the remaining items on its most recent Regulatory Flexibility Agenda by early 2025, despite the presidential election and the potential for a new chair to be nominated soon, say attorneys at Goodwin.
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Why Secured Lenders Must Mind The Gap In UCC Searches
If not adequately addressed, the Uniform Commercial Code filing indexing gap can interfere with a lender's expected lien priority, but taking appropriate preclosing actions and properly timing searches can eliminate this risk, says Robert Wonneberger at Barclay Damon.
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What FTC's 'Bitcoin ATM' Report Tells Us About Crypto Scams
The Federal Trade Commission's recent insights into bitcoin ATM scams highlight the technical evolution of fraudsters, the application of old scams to new technology, and the persistent financial impact on victims, say attorneys at DLA Piper.
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What New Int'l Treaty Means For Global AI Regulation
Lawyers at Bird & Bird consider how global artificial intelligence regulation will be affected by the first international AI treaty recently signed by the U.S., EU and U.K., as well as its implications for business and several issues that stakeholders should be aware of.
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How The Presidential Election Will Affect Workplace AI Regs
The U.S. has so far adopted a light-handed approach to regulating artificial intelligence in the labor and employment area, but the presidential election is unlikely to have as dramatic of an effect on AI regulations as it may on other labor and employment matters, say attorneys at Littler.
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A Look At Grewal's Record-Breaking Legacy After SEC Exit
Gurbir Grewal resigned as director of the U.S. Securities and Exchange Commission's Division of Enforcement last month after more than three years on the job, leaving behind a legacy marked by record numbers of penalties and enforcement actions, as well as mixed results in aggressive lawsuits against major crypto players, say attorneys at Debevoise.
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Striking A Balance Between AI Use And Attorney Well-Being
As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.
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6 Steps To Ready Defense Contractors For Cybersecurity Rule
Following the U.S. Department of Defense's final rule establishing the Cybersecurity Maturity Model Certification program in federal regulations, Sandeep Kathuria at Ice Miller provides a refresher on CMMC and identifies best practices for defense contractors awaiting full implementation of CMMC.