Compliance

  • October 15, 2024

    EPA Pitches Deal For Endocrine-Disruptor Screening Suit

    The U.S. Environmental Protection Agency is proposing a plan to settle a lawsuit that farmworker and environmental health groups brought over its alleged inaction on an Endocrine-Disruptor Screening Program meant to consider how pesticide chemicals may harm people's hormone systems.

  • October 15, 2024

    Shoosmiths, Software Co. Launch AI Compliance Tool

    U.K. law firm Shoosmiths LLP and governance software developer Enzai have launched a platform called AI Comply to help companies navigate the changing regulatory landscape around artificial intelligence.

  • October 15, 2024

    Law Firms Diverge As Anti-ESG Pushback Continues

    A continuing onslaught of legislation and litigation opposing corporate environmental, social and governance actions has created a fork in the road for law firms, with some choosing to scale back efforts and others pushing ahead with their internal ESG and diversity, equity and inclusion goals.

  • October 15, 2024

    The 2024 Law360 Pulse Social Impact Leaders

    Check out our Social Impact Leaders ranking, analysis and interactive graphics to see which firms stand out for their engagement with social responsibility and commitment to pro bono service.

  • October 15, 2024

    FTC Wants More Info On $1.36B Home Healthcare Deal

    The Federal Trade Commission has requested more information about healthcare solutions company Owens & Minor Inc.'s planned $1.36 billion purchase of home-based care business Rotech Healthcare Holdings Inc., extending the agency's merger review.

  • October 15, 2024

    Justices Let Solicitor General Argue In E-Rate Fraud Case

    The Solicitor General's Office will defend private citizens' ability to sue for E-rate fraud on behalf of the government under the False Claims Act, after the U.S. Supreme Court on Tuesday granted the solicitor general's request to participate in oral arguments in an AT&T subsidiary's challenge to the law's application.

  • October 14, 2024

    Crypto-CEO Faces US Extradition In Market Manipulation Case

    The former chief executive of a $7.5 billion crypto-asset company appeared at a London court Monday accused by the U.S. government of manipulating the market for the company's dog-themed "Saitama Inu" crypto-tokens before selling them for tens of millions in profit.

  • October 11, 2024

    Real Estate Recap: Rating Climate Risk, Window Tech, Towers

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including a data-driven look at how climate risk is calculated for property owners, what one proptech company is doing to improve high-rise window-washing, and a new tracker following the tallest tower projects in the United States.

  • October 11, 2024

    With Swipe At Attys, CFPB's Chopra Defends Use Of Guidance

    At a tough-talking appearance in Utah on Friday, Consumer Financial Protection Bureau Director Rohit Chopra said he doesn't sweat potential legal challenges to his agency's rules and suggested some industry-side attorneys can be "leeches" who relish compliance uncertainty if it boosts their billable hours.

  • October 11, 2024

    High Court's TCPA Grant Set To Broaden Loper Bright's Blow

    On the heels of the U.S. Supreme Court dealing a major blow to the power of federal agencies to interpret laws, the justices are poised to again boost judicial authority and potentially release a torrent of litigation challenging the established tome of regulations crafted under the Telephone Consumer Protection Act.

  • October 11, 2024

    Elon Musk's X Drops Unilever From Advertising Boycott Suit

    X Corp. has dropped Unilever from its antitrust suit accusing the global consumer goods company and others of conspiring to withhold advertising revenue from the social media platform, announcing in a post Friday that it's "pleased to have reached an agreement with Unilever" and "we look forward to more resolution."

  • October 11, 2024

    Aerospace Firm To Pay SEC $1.1M Over India Bribe Claims

    Aerospace components manufacturer Moog Inc. will pay a $1.1 million civil penalty to resolve U.S. Securities and Exchange Commission claims that an Indian subsidiary of the company violated the Foreign Corrupt Practices Act in connection with an alleged scheme to bribe Indian officials.

  • October 11, 2024

    Up Next At High Court: CBD Injuries & The Clean Water Act

    The U.S. Supreme Court will be closed Monday, but the justices will return to the bench Tuesday to hear arguments over whether the federal Racketeering Influenced and Corrupt Organizations Act allows litigants to pursue claims of economic harm tied to personal injuries, and how specific pollutant discharge limits have to be under the Clean Water Act.

  • October 11, 2024

    Ill. Restaurants Fire Back At Banks' Bid To Halt Swipe Fee Law

    Trade groups for restaurants and retailers have urged an Illinois federal judge to reject a proposed preliminary injunction to block a first-of-its-kind state law restricting swipe fees, arguing that relief from such fees is badly needed for small family businesses and consumers.

  • October 11, 2024

    6th Circ. Blocks Work On Tenn. Pipeline For TVA Gas Plant

    A split Sixth Circuit panel on Friday temporarily blocked construction of a Kinder Morgan unit's pipeline that would serve a Tennessee Valley Authority natural gas-fired power plant in Cumberland City, as conservation groups challenge Clean Water Act permits Tennessee and the U.S. Army Corps of Engineers issued for the pipeline.

  • October 11, 2024

    Monsanto Inks $35M Deal With LA For Waterway Cleanup

    Los Angeles announced Friday it inked a $35 million settlement with Bayer AG's Monsanto Co. and two other companies over their alleged contamination of the city's bodies of water with toxic chemicals, ending the 2½-year-old lawsuit, with the companies agreeing to various cleanup efforts and reimbursement for previous costs.

  • October 11, 2024

    GoDaddy Must Face Lawsuit Over Exclusion Of Tech Co.

    The world's largest domain registrar, GoDaddy, will not be able to walk away from antitrust claims that it blackballed a tech company from its platform, a Virginia federal judge has ruled after being swayed by arguments about the vastness of GoDaddy's market share.

  • October 11, 2024

    Unions Say EPA Rule Contains Protective Wear Loophole

    Two major trade unions told the D.C. Circuit that the U.S. Environmental Protection Agency promulgated a rule that lets the agency consider the use of personal protective equipment when conducting risk evaluations, in violation of federal law.

  • October 11, 2024

    DOD Finalizes High-Profile Contractor Cybersecurity Rule

    The U.S. Department of Defense on Friday finalized a rule implementing its sweeping Cybersecurity Maturity Model Certification program, which will attach a minimum cybersecurity requirement to nearly all DOD contracts.

  • October 11, 2024

    Google Appeals Epic Injunction To 9th Circ.

    Google is appealing a California federal judge's recent order that it allow for third-party app distribution on its Android phones, taking the company's long-running fight with Fortnite-maker Epic Games to the Ninth Circuit with just weeks before the injunction is set to take effect.

  • October 11, 2024

    NCAA Says SD Suit Over NIL Deal Belongs In Federal Court

    The NCAA has removed to federal court a lawsuit filed by South Dakota's attorney general that argues the organization's proposed $2.78 billion name, image and likeness settlement unlawfully tosses its guiding principle of amateurism.

  • October 11, 2024

    Apple Pushes To Duck DOJ's Antitrust Suit

    Apple Inc. continued to cast the Justice Department's monopolization lawsuit as an attempt to control how the technology giant deals with iPhone app developers, telling a New Jersey federal judge that the government's case against app access restrictions is "one and the same" as deciding who it does business with and thus warrants dismissal.

  • October 11, 2024

    FTC's Republicans Take Aim At Agency Merger Data

    The Federal Trade Commission's two Republican members criticized a long-standing agency policy of reporting "abandoned" transactions that were never notified to the antitrust agencies as wins, while dissenting from an annual congressional report on merger reviews.

  • October 11, 2024

    Swiss Native Ran $8M International Stock Fraud, SEC Says

    A Swiss-born Massachusetts resident ran a years-long international fraud scheme by tricking investors, mainly from Europe, into investing with him and then absconding with the money, the U.S. Securities and Exchange Commission alleged in a Friday suit.

  • October 11, 2024

    DC's Amazon Antitrust Suit Gets January 2027 Trial Date

    The District of Columbia attorney general's newly revived antitrust lawsuit against Amazon will go to trial in January 2027, a D.C. judge decided Friday.

Expert Analysis

  • Lessons From Recent SEC Cyber Enforcement Actions

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    The recent guidance by the SEC's Division of Corporation Finance is helpful to any company facing a cybersecurity threat, but just as instructive are the warnings raised by the SEC's recent enforcement actions against SolarWinds, R.R. Donnelley and Intercontinental Exchange, say attorneys at O'Melveny.

  • 2nd Circ. Ruling Reaffirms Short-Swing Claims Have Standing

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    The Second Circuit's recent ruling in Packer v. Raging Capital reversing the dismissal of a shareholder's Section 16(b) derivative suit seeking to recover short-swing profits for lack of constitutional standing settles the uncertainty of the district court's decision, which could have undercut Congress' intent in crafting Section 16(b) in the first place, say attorneys at Simpson Thacher.

  • Viral Layoffs: How Cos. Can Avoid Bad Social Media Exposure

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    A recent trend of employees using social media to document their experiences with layoffs and disciplinary actions in the workplace should prompt employers to take additional precautions to avoid former workers' negative viral reviews when deciding how, when and what to communicate to employees, say Scott McIntyre and Chrissy Kennedy at BakerHostetler.

  • Inside OCC's Retail Nondeposit Investment Products Refresh

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    In addition to clarifying safe and sound risk management practices generally, the Office of the Comptroller of the Currency's revised booklet on retail nondeposit investment products updates its guidance around certain sales practices in light of the U.S. Securities and Exchange Commission's adoption of Regulation Best Interest, say attorneys at Debevoise.

  • Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?

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    A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.

  • Loper Fuels Debate Over Merchant Cash Advances As Credit

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    The U.S. Supreme Court's recent rejection of the Chevron doctrine in Loper Bright may escalate a Florida federal court dispute between the Revenue Based Finance Coalition and the Consumer Financial Protection Bureau over whether merchant cash advances should be considered credit under the Dodd-Frank Act, say attorneys at Sheppard Mullin.

  • Bank M&A Continues To Lag Amid Regulatory Ambiguity

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    Bank M&A activity in the first half of 2024 continued to be lower than in prior years, as the industry is recovering from the 2023 bank failures, and regulatory and macroeconomic conditions have not otherwise been prime for deals, say Robert Azarow and Amber Hay at Arnold & Porter.

  • FTC's Drug Middlemen Probe Highlights Ongoing Scrutiny

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    The Federal Trade Commission's interim staff report on its inquiry into pharmacy benefit managers suggests that the industry will remain under an enforcement microscope for the foreseeable future due to concerns about how PBMs affect drug costs and accessibility, say attorneys at Arnold & Porter.

  • Nuclear Power Can Help Industrial Plants Get To Net-Zero

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    In the race to fight climate change and achieve net-zero emissions, the industrial sector currently faces immense challenges — but the integration of nuclear energy is a promising solution, so companies should consider the financial and regulatory issues, opportunities, and risk-mitigating factors, say attorneys at Morgan Lewis.

  • Why The SEC Is Targeting Short-And-Distort Schemes

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    The U.S. Securities and Exchange Commission's recent crackdown on the illegal practice of short-and-distort trades highlights the urgent need for public companies to adopt proactive measures, including pursuing private rights of action, say attorneys at Baker McKenzie.

  • DOJ Paths To Limit FARA Fallout From Wynn's DC Circ. Win

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    After the D.C. Circuit’s recent Attorney General v. Wynn ruling, holding that the government cannot compel retroactive registration under the Foreign Agents Registration Act, the U.S. Department of Justice has a few options to limit the decision’s impact on enforcement, say attorneys at MoFo.

  • Series

    Playing Dungeons & Dragons Makes Me A Better Lawyer

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    Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.

  • A Look At The Regulatory Scrutiny Facing Liquid Restaking

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    Recent U.S. Securities and Exchange Commission enforcement actions highlight the regulatory challenges facing emerging financial instruments like liquid restaking tokens and services, say Daniel Davis and Alexander Kim at Katten.

  • 5 Insights Into FDIC's Final Rule On Big-Bank Resolution Plans

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    Although the Federal Deposit Insurance Corp.'s recently finalized rule expanding resolution planning requirements for large banks was generally adopted as proposed, it includes key changes related to filing deadlines, review and feedback, and incorporates lessons learned — particularly from last year's bank failures, say attorneys at Cleary.

  • Opinion

    Time To Reimagine The Novation Process For Gov't Contracts

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    The Federal Acquisition Regulatory Council, which recently extended a long-standing request for public comments on its novation procedures, should heed commenters' suggestions by implementing specific changes in its documentation requirements, thereby creating a more streamlined and practical novation process, say attorneys at Covington.

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