Compliance

  • 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.

  • 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. 

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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."

  • December 13, 2024

    Employment Authority: 2024's Wage And Hour Curveballs

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with a look at major wage and hour developments including President elect-Donald Trump's no tax on tips proposal, why experts say the National Labor Relations Board's recent precedent shift about unilateral changes is unlikely to stick around and a review of five rulings in 2024 with notable interpretations of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act.

  • December 13, 2024

    10th Circ. Leans Against Spiking Colo. Air Plan

    A Tenth Circuit panel appeared inclined Friday to order the U.S. Environmental Protection Agency to reconsider its approval of a Colorado air emissions permitting program that a green group challenged as too permissive.

  • December 13, 2024

    Duke Energy Accused Of Negligence Ahead Of Data Breach

    Duke Energy Carolinas LLC failed to protect sensitive personal information ahead of a data breach in May, and now its current and former customers are at risk of identity theft and tax fraud, according to a proposed federal class action.

  • December 13, 2024

    FCC Says It Won't Look At Telecom's SIM Card Beef Again

    The FCC isn't going to rethink its contention that it has no say over a Haitian mobile carrier's decision to deactivate a bunch of SIM cards that were brought into the United States to trick the carrier into thinking calls from the U.S. were coming from the Caribbean country.

  • December 13, 2024

    EPA Mandates More Worker Safety For Carbon Tetrachloride

    The U.S. Environmental Protection Agency finalized a rule this week on carbon tetrachloride exposure, requiring "robust" employee safety planning on worksites but continuing to allow for its use as a feedstock for refrigerants.

  • December 13, 2024

    IRS To Wrap Up Worker Retention Credits In 2025, Werfel Says

    The Internal Revenue Service plans to wrap up processing next year for thousands of claims for tax credits meant to provide incentives for businesses that retained employees during the COVID-19 pandemic, agency Commissioner Daniel Werfel said Friday.

  • December 13, 2024

    ByteDance Ex-Coder Perjured Himself In Suit, Judge Finds

    A California federal judge imposed terminating sanctions against a former engineer at TikTok's parent company, finding he committed perjury in a suit alleging he was wrongly fired and ordered the dispute to arbitration.

  • December 13, 2024

    Sexual Abuse, Price-Gouging Bills Clear Michigan Senate

    Michigan state senators passed a flurry of bills during a marathon session ending early Friday morning, including legislation giving sexual assault victims more time to file lawsuits, strengthening protections against price-gouging and expanding polluter liability.

  • December 13, 2024

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    Albertsons and its general counsel claim Kroger did not try hard enough to keep their proposed merger from being blocked by the courts, and a new survey says tight budgets are forcing in-house counsel to increasingly turn to artificial intelligence tools for help.

  • December 13, 2024

    Calif.'s 1st-Ever Willful Heat Penalty Issued To Landscaper

    The California Division of Occupational Safety and Health has levied its first-ever willful heat violation penalty against a landscaping and maintenance business for failing to provide workers with access to water when the temperature exceeded 95 degrees Fahrenheit, two years after it cited the company for similar heat-related safety violations.

  • December 13, 2024

    Texas AG Sues NY Doctor Over Telehealth Abortion Script

    Texas Attorney General Ken Paxton sued a New York doctor who founded the Abortion Coalition for Telemedicine in the Lone Star State Friday, accusing the physician of violating Texas state abortion laws by providing abortion-inducing prescription drugs to a Texas resident via telehealth.

  • December 13, 2024

    Off The Bench: PE Buys In On NFL, WWE Abuse Suit Back On

    In this week's Off The Bench, two teams usher in a new era for the NFL by bringing in private equity investors, a suit accusing the WWE and Vince McMahon of sexual abuse and trafficking picks back up while a federal investigation continues, and a private equity giant and NHL owner passes away.

  • December 13, 2024

    Justices To Decide If Industry Can Test Calif. Auto Waiver

    The U.S. Supreme Court on Friday granted fossil fuel industry groups' request to review a decision backing the U.S. Environmental Protection Agency's Clean Air Act waiver that allows California to set its own greenhouse gas emissions standards for vehicles and run a zero-emission vehicles program, but the justices won't consider the legality of the waiver itself.

  • December 13, 2024

    Helicopter Co. Calls Whistleblower Suit 'Premature'

    Sikorsky Aircraft Corp. told a Connecticut state court that a self-described well-known whistleblower failed to turn to the Occupational Safety and Health Administration before filing a lawsuit that accuses the company of firing him for reporting wage and hour and environmental violations, and it urged the court to toss the suit.

Expert Analysis

  • Series

    Flying Makes Me A Better Lawyer

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    Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.

  • With Precautions, AI Can Help With Suspicious Activity Filings

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    While artificial intelligence can enhance suspicious activity report processes, financial services firms should review applicable expectations and areas of deficiencies that can lead to enforcement actions before using AI to help write SARs, say attorneys at Jenner.

  • Key Points From New Maritime Oil Price Cap Advisory

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    The Price Cap Coalition's updated advisory regarding the maritime oil industry's compliance with the Russian oil price cap highlights the role of governmental authorities, additional areas warranting due diligence and the need for training programs, say attorneys at Miller & Chevalier.

  • How Crypto Cos. Can Take Advantage Of 'Mini-IPOs'

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    Against the backdrop of U.S. Securities and Exchange Commission enforcement in the crypto space, mini-initial public offerings, with less burdensome requirements than full registration, can serve as an alternative way for token issuers to raise funds, say attorneys at O'Melveny.

  • 'Reverse Redlining' Suit Reveals Language Risks For Lenders

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    The Justice Department's case against consumer finance provider Colony Ridge highlights the government's focus on lending to consumers with limited English proficiency and the risks of generating marketing materials in other languages while conducting actual transactions in English, say attorneys at Goodwin.

  • NLRB One-Two Punch Curbs Employer Anti-Organizing Tools

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    The National Labor Relations Board’s recent decisions in Siren Retail and Amazon, limiting employer speech about the impact of unionization and outlawing captive audience meetings, severely curtail employers' arsenal of tools to combat an organizing campaign — though this may soon change under a new administration, say attorneys at Benesch.

  • Mitigating Defamation Liability Risks Of AI-Generated Content

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    Until Congress and the courts provide clear guidance about defamation liability stemming from generative artificial intelligence tools, companies should begin building controls to prevent the creation of defamatory content, says Michael Gerrity at Accenture.

  • Key Requirements In New Maryland Pay Transparency Laws

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    Although several jurisdictions now require pay transparency in job advertisements, Maryland's new law is among the broadest in the country, both in terms of what is required and the scope of its applicability, says Sarah Belger at Quarles & Brady.

  • What Trump's Next Term May Mean For Biz Immigration

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    Leonard D'Arrigo at Harris Beach discusses the employment-based immigration policies businesses can potentially expect during President-elect Donald Trump’s second term, based on policies enacted during his first administration, statements made during his campaign and proposals in Project 2025.

  • Takeaways From Final Regulations For China Investment Ban

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    ​The U.S. Department of the Treasury’s final rule banning U.S. investment in emerging Chinese technology clarifies some key requirements, includes additional exceptions for covered transactions and attempts to address concerns that the rule will put U.S. businesses at a competitive disadvantage, say attorneys at Simpson Thacher.

  • Compliance Considerations Of DOJ Data Security Rule

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    Under the U.S. Department of Justice's proposed rule aiming to prevent certain countries' access to bulk U.S. sensitive personal data, companies must ensure their vendor, employment and investment agreements meet strict new data security requirements — or determine whether such contracts are worth the cost of compliance, say attorneys at Eversheds Sutherland.

  • Balancing Health Tech Advances And Clinical Responsibility

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    To maintain their clinical responsibilities and mitigate potential legal risk, health professionals should incorporate the benefits of new medical technology powered by artificial intelligence while addressing its risks and limitations, says Kathleen Fisher Enyeart at Lathrop GPM.

  • Nvidia Supreme Court Case May Not Make Big Splash

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    The skeptical tenor of the justices' questioning at oral argument in Nvidia v. Ohman Fonder suggests that the case is unlikely to alter the motion to dismiss pleading standard in securities class actions, as some had feared, say attorneys at WilmerHale.

  • Lessons From EEOC Case Of Fla. Worker Fired After Stillbirth

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    A recent federal court settlement between a Florida resort and a fired line cook shows that the U.S. Equal Opportunity Employment Commission sees stillbirth as protected under the Pregnant Workers Fairness Act, also providing four other important lessons, says Gordon Berger at Pierson Ferdinand.

  • AI Monitoring And FCRA: Employer Compliance Essentials

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    As the Consumer Financial Protection Bureau and the Federal Trade Commission signal determination to treat AI-based workplace surveillance as a potential Fair Credit Reporting Act issue, employers must commit to educating HR and compliance staff on these quickly evolving regulatory expectations, say attorneys at Sheppard Mullin.

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