Compliance

  • October 17, 2024

    CFPB Sues Vocational School Lender Climb Credit, VC Backer

    The Consumer Financial Protection Bureau on Thursday sued an online private student lender and its venture capital backer in New York federal court, alleging borrowers have been duped into taking out loans for coding school and other vocational programs with false claims about their educational "return-on-investment."

  • October 17, 2024

    CEO Fled Deadly Hurricane But Made Workers Stay, Suit Says

    The CEO of a Tennessee plastics company chose profits over lives when he snuck out the back door while refusing to send factory workers home, as floodwaters began sweeping through the area after Hurricane Helene made landfall, leading to the deaths of six employees, according to a wrongful death lawsuit.

  • October 17, 2024

    CFTC Says Court 'Erred At Every Turn' In Election Betting Suit

    The U.S. Commodity Futures Trading Commission told the D.C. Circuit that the district court "erred at every turn" when it allowed trading platform KalshiEx LLC to offer event contracts based on the outcome of U.S. elections.

  • October 17, 2024

    DOL, Red States Spar Over Loper Bright Impact On ESG Rule

    Conservative-led states suing the U.S. Department of Labor have told a Texas federal court that the end of the Chevron doctrine boosts their bid to end a rule allowing retirement plan advisers to consider environmental, social and governance factors in investment choices, while the DOL argued that it deserves another summary judgment win.

  • October 17, 2024

    Supreme Court Signals Skepticism On Staying Federal Rules

    A recent string of refusals to block major Biden administration energy and climate change rules suggests that the U.S. Supreme Court is setting limits on its willingness to elbow aside lower courts that are considering challenges to such rules, legal experts say.

  • October 17, 2024

    DC Circ. Scrutinizes New TSA Worker Screening Rule

    D.C. Circuit judges on Thursday sought an explanation from municipal airport operators challenging new federal screening rules as a costly burden that saddles them with unconstitutional liabilities, questioning them on how the new rules differ from other requirements for airports.

  • October 17, 2024

    Treasury Unit Says Booze Maker Violated N. Korea Sanctions

    The U.S. Department of the Treasury's Office of Foreign Assets Control said Thursday that it has reached an $860,000 settlement with a Vietnam-based alcoholic beverage company over its alleged role in allowing U.S. financial institutions to process $1.1 million in payments to North Korea, violating sanctions regulations.

  • October 17, 2024

    Consumer Groups Back DOT In Airline Fees Rule Fight

    Consumer advocates have told the Fifth Circuit that a U.S. Department of Transportation rule requiring airlines to more clearly disclose add-on fees upfront would curtail the industry's trickery in airfare marketing, foster competition and save individual travelers frustration, time and money.

  • October 17, 2024

    Groups Challenge Utah Permit For Green River Lithium Project

    Conservation groups hit the Utah state engineer and an Anson Resources subsidiary with a suit challenging a water permit issued last month for a lithium extraction project along the Green River, the Colorado River's largest tributary.

  • October 17, 2024

    Brothers Get Prison For Ga. Concrete Bid-Rigging Scheme

    A Georgia federal judge on Thursday sentenced brothers Gregory Hall Melton and John David Melton to serve time in prison for their roles in a scheme to fix prices and rig bids for the ready-mix concrete market in the greater Savannah area.

  • October 17, 2024

    DOJ Defends States' Right To Recoup Live Nation Overcharges

    The federal government and 40 states are urging a New York federal court not to trim their antitrust case against Live Nation, arguing that states have the right to go after overcharges customers allegedly paid for concert tickets and also defending a tying claim based on venues and promotion services.

  • October 17, 2024

    FTC Admits Federal Court Merger Fights Are Usually Decisive

    Federal Trade Commission complaint counsel has admitted a reality that the agency has long resisted: While federal court preliminary injunction fights are ostensibly meant only to pause a merger while a merits case plays out through an in-house court, the federal court case usually decides the transaction's fate.

  • October 17, 2024

    FCC OKs New Rules Mandating Georouting For 988 Calls

    Calls that come into the 988 suicide and crisis hotline will now be routed to centers based on where the call is coming from, following the Federal Communications Commission's decision to adopt rules requiring georouting on Thursday.

  • October 17, 2024

    DHL Supply Chain Hit With Disability Bias Suit

    Logistics giant DHL Supply Chain was hit with a disability discrimination lawsuit Wednesday from a worker who says she was forced out of her job after DHL demanded she see a company physician to verify her debilitating medical condition.

  • October 17, 2024

    Ex-Worker Says She Was Fired For Threatening EEOC Charge

    A logistics company was sued Wednesday in federal court by a former Georgia employee who alleges she was sexually harassed and mistreated by "aggressive and threatening" male co-workers and then fired after warning the company she would file a complaint with the U.S. Equal Employment Opportunity Commission if things didn't improve.

  • October 17, 2024

    EPA Settles With Car, Parts Cos. Over Clean Air Act Violations

    The U.S. Environmental Protection Agency announced that it has finalized settlements with Shyft Group Inc. and Double R Diesel to resolve enforcement actions alleging they violated the Clean Air Act, with Shyft agreeing to pay a $2 million penalty.

  • October 17, 2024

    FTX Insider Cites 'Limited' Fraud Role In Bid To Avoid Prison

    The former head of engineering at FTX asked a Manhattan federal judge to spare him prison time in light of his cooperation with prosecutors and what he said was a relatively "limited" role in the crypto exchange's billion-dollar fraud.

  • October 17, 2024

    States, Industry Urge DC Circ. To Scrap Truck GHG Rule

    Dozens of states and industry groups are imploring the D.C. Circuit to pull the plug on a U.S. Environmental Protection Agency rule setting greenhouse gas emission standards for heavy-duty vehicles, arguing it mandates a transition to electric vehicles that the agency has no authority to push.

  • October 17, 2024

    Pa. AG Can't Get State Claims Restored In FTC Amazon Suit

    A federal judge tersely denied a request from Pennsylvania's attorney general, who had sought to reinstate her state's consumer protection claims against Amazon in the Federal Trade Commission's antitrust suit.

  • October 16, 2024

    TD Bank's $3B AML Deal Sparks Scrutiny Of Its Oversight

    The long-standing, widespread compliance failures at the root of TD Bank's blockbuster $3 billion U.S. anti-money laundering settlement last week have stunned experts and brought tough punishment for the Canadian bank — but they're also raising questions about why regulators didn't act sooner.

  • October 16, 2024

    NY's Financial Regulator Releases AI Cybersecurity Guidance

    New York's Department of Financial Services issued new guidance Wednesday intended to give state-regulated financial institutions an outline for protecting against cybersecurity risks posed by artificial intelligence.

  • October 16, 2024

    Colo. Says Tribes' Sports Betting Concerns Too 'Theoretical'

    Colorado Gov. Jared Polis has urged a federal judge to toss a lawsuit brought by two Native American tribes alleging the state can't regulate their online sports betting activities, arguing the tribes' concerns are "purely theoretical" because they currently don't have betting enterprises.

  • October 16, 2024

    Conn. Nurses Sue To Block Forced Post-Contract Overtime

    A union representing nurses at a Hartford HealthCare-affiliated hospital in Norwich, Connecticut, has asked a state superior court judge to block mandatory overtime assignments, arguing that a 2020 union contract requiring such shifts expired over the summer and that a 2023 state statute bans the hospital's continuing practices.

  • October 16, 2024

    Feds Deny That West Bank Sanctions Hamper Free Speech

    The Biden administration rebuffed claims by a group of U.S. and Israeli citizens that a sanctions program covering extremist actors in the Israeli-occupied West Bank restricts their free speech rights, saying that merely opposing U.S. foreign policy goals isn't a sanctionable offense.

  • October 16, 2024

    Direct Buyers Get Final OK For $44M Drug Price-Fixing Deal

    A Pennsylvania federal court has granted final approval to $44.4 million in settlements between drugmakers Apotex, Breckenridge and Heritage and direct purchasers in a multidistrict litigation over alleged price-fixing in the generic-drug industry.

Expert Analysis

  • Opinion

    Litigation Funding Disclosure Key To Open, Impartial Process

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    Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.

  • Regulators Are Revamping Use Of Bank Service Company Act

    Excerpt from Practical Guidance
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    Though the Bank Service Company Act was written six decades ago, banks and service providers should be alert to the evolving ways financial regulators are using the law as a tool for scrutinizing bank-fintech partnerships and third-party service providers that could put consumers at risk, say James Bergin and Paul Lim at Arnold & Porter.

  • Playing The Odds: Tackling Athlete Gambling Investigations

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    The rapid rise of sports gambling presents new and unique challenges, so it's important for attorneys to be able to navigate a dynamic web of complex, high-stakes relationships between athletes, the betting public, athletic organizations, sportsbooks and law enforcement — all while under intense public scrutiny, say attorneys at Steptoe.

  • Series

    After Chevron: What To Expect In Consumer Protection At FTC

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    Although the Federal Trade Commission's bread-and-butter consumer protection law enforcement actions are unlikely to be affected, the Loper Bright decision may curb the FTC's bolder interpretations of the statutes it enforces, says Mary Engle at BBB National Programs.

  • The Ethics of Using Generative AI In Environmental Law

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    The rapid emergence of generative artificial intelligence tools is challenging environmental lawyers, consultants and government agencies to determine when and how these tools can be responsibly, ethically and productively integrated into their practices to streamline research, predictive analytics and regulatory compliance, say Ahlia Bethea and Pamela Esterman at Sive Paget.

  • Managing Credit Card Rewards Programs Amid Scrutiny

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    Renewed New York and federal interest in consumer protection issues associated with credit card rewards programs presages future regulatory enforcement and attention from plaintiffs attorneys, so issuers should focus on certain categories of consumer complaints and some compliance ambiguities, say Rich Zukowsky and Ella Beres at Davis Wright.

  • Carbon Offset Case A Win For CFTC Enviro Fraud Task Force

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    An Illinois federal court's decision in Commodity Futures Trading Commission v. Ikkurty — earning the CFTC a sizeable monetary award that will likely incentivize similar enforcement pursuit — shows the impact of the commission's Environmental Fraud Task Force, say attorneys at Steptoe.

  • RealPage Suit Shows Growing Algorithm, AI Pricing Scrutiny

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    The U.S. Department of Justice's suit against RealPage for helping fix rental rates, filed last week, demonstrates how the use of algorithmic and artificial intelligence tools to assist with pricing decisions is drawing increasing scrutiny and action across government agencies, and specifically at the Federal Trade Commission and the DOJ, say Andre Geverola and Leah Harrell at Arnold & Porter.

  • Whistleblowers Must Note 5 Key Differences Of DOJ Program

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    The U.S. Department of Justice’s recently unveiled whistleblower awards program diverges in key ways from similar programs at other agencies, and individuals must weigh these differences and look first to programs with stronger, proven protections before blowing the whistle, say Stephen Kohn and Geoff Schweller at Kohn Kohn.

  • The Licensure Landscape For Psychedelics Manufacturers

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    As the need for bulk manufacturing of psychedelic substances grows, organizations aiming to support clinical trials or become commercial suppliers must navigate a rigorous and multifaceted journey to obtaining a license from the U.S. Drug Enforcement Administration, say Kimberly Chew at Husch Blackwell and Jaime Dwight at Promega Corp.

  • What NFL Draft Picks Have In Common With Lateral Law Hires

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    Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.

  • CrowdStrike Incident Highlights Third-Party Risk For Banks

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    The global business disruptions caused by CrowdStrike's faulty software update last month serves as a reminder that banks should assess operational and compliance risks associated with third-party service providers and create resiliency plans extending down to fourth- and fifth-level providers, says Craig Landrum at Jones Walker.

  • Calif. Ruling Clarifying Paystub Compliance Is Win For Cos.

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    In rare good news for California employers, the state Supreme Court recently clarified that workers couldn’t win extra penalties in wage and hour cases by claiming their employer intentionally violated state paystub law if the employer believed it had complied in good faith, say Drei Munar and Kirk Hornbeck at Hunton.

  • Considering Noncompete Strategies After Blocked FTC Ban

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    A Texas district court's recent decision in Ryan v. Federal Trade Commission to set aside the new FTC rule banning noncompetes does away with some immediate compliance obligations, but employers should still review strategies, attend to changes to state laws and monitor ongoing challenges, say attorneys at Baker McKenzie.

  • Open Questions 3 Years After 2nd Circ.'s Fugitive Ruling

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    The Second Circuit’s 2021 decision in U.S. v. Bescond, holding that a French resident indicted abroad did not meet the legal definition of a fugitive, deepened a circuit split on the fugitive disentitlement doctrine, and courts continue to grapple with the doctrine’s reach and applicability, say attorneys at Lankler Siffert.

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