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Compliance
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October 08, 2024
DOJ Sues LA Fitness Over Nationwide Accessibility Issues
The U.S. Department of Justice sued gym chain LA Fitness on Tuesday, alleging that it mistreated patrons with disabilities at its nearly 700 locations across the country, including by failing to fix broken pool lift equipment and charging caretakers additional fees.
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October 08, 2024
Coolant Cos. Challenging HFC Rules Meet Skeptical DC Circ.
A D.C. Circuit panel Tuesday seemed dubious of coolant industry challenges to the U.S. Environmental Protection Agency's omission of 2020 market data in calculating the agency's framework for phasing down climate-harming hydrofluorocarbons.
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October 08, 2024
House Oversight Chair Targets Khan's 'Political Activities'
House Oversight Committee Chairman James Comer, R-Ky., put Federal Trade Commission Chair Lina M. Khan on blast Tuesday for participating in official events held by Democratic lawmakers running for reelection or higher office, castigating the leader of the FTC's Democratic majority for "partisan political activities."
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October 08, 2024
FuboTV Rips Fox Attempt To Transfer Sports Streaming Fight
Fox wants the New York federal judge overseeing the lawsuit accusing it, ESPN and Warner Bros. of trying to run a rival out of business with a joint sports streaming venture to lop off the claims against it and ship them to California, but plaintiff FuboTV says Fox is trying to "forum shop mid-case."
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October 08, 2024
Judge Clarifies Contentious Registration Rule For Contractors
The U.S. Court of Federal Claims clarified that a contentious registration requirement for federal contractors only kicks in when they submit final proposals in response to government solicitations, blessing a previously disqualified business' $45 billion nuclear cleanup deal.
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October 08, 2024
IRS Appeals Office's Easement Deals May Sap Independence
The IRS Independent Office of Appeals plans to settle certain conservation easement cases with similar terms offered by other IRS divisions, but these upcoming offers might be challenging for taxpayers to navigate and could undermine the office's independence from the rest of the agency.
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October 08, 2024
Texas Tribune Can Attend Bail Hearings, 5th Circ. Told
A Fifth Circuit panel pushed back on a Texas county's argument that the Texas Tribune and other news organizations do not have the right to enter magistration proceedings, asking why the process of setting bail would count as an informal procedure during oral arguments Tuesday.
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October 08, 2024
Cleveland-Cliffs Gets DOJ Nod For $2.5B Stelco Deal
Steel manufacturer Cleveland-Cliffs Inc. revealed on Tuesday that it had cleared an important regulatory hurdle in regard to its $2.5 billion deal to purchase Canadian steelmaker Stelco Holdings Inc. with the expiration of the waiting period under the Hart-Scott-Rodino Antitrust Improvements Act of 1976.
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October 08, 2024
DC Judge Won't Rethink Striking Down USDA Wetland Rule
A Washington, D.C., federal judge on Tuesday refused to reconsider her decision to vacate a U.S. Department of Agriculture rule designed to stop the development of wetlands on farmland and struck down those regulations.
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October 08, 2024
Industry, Utilities Take Aim At EPA's Drinking Water PFAS Rule
Water utility associations and chemical industry players asked the D.C. Circuit to strike down the U.S. Environmental Protection Agency's rule setting the first-ever limits for forever chemicals in the nation's drinking water.
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October 08, 2024
SEC Approves Nasdaq Plan To Accelerate Delistings
The U.S. Securities and Exchange Commission has approved a Nasdaq rule change that would enable the stock exchange to accelerate removals of struggling companies that try to delay delistings through the use of reverse stock splits.
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October 08, 2024
Google Says Rumble Suit Too Late To Join Ad Tech MDL
Google wants to keep Rumble away from the consolidated litigation targeting the company's advertising placement technology dominance, telling the U.S. Judicial Panel on Multidistrict Litigation that the Canadian video-sharing service's May antitrust lawsuit comes too late and is too different to join in.
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October 08, 2024
Crypto.com Sues SEC Over 'Unlawful' Crypto Approach
Crypto.com became the latest crypto exchange to push back on a potential enforcement case from the U.S. Securities and Exchange Commission on Tuesday when it sued the regulator after allegedly receiving a notice that the agency believes it operates as an unregistered broker-dealer and clearing agency.
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October 08, 2024
Airlines Say Chicago Sick Leave Law Would Impact Business
An organization representing the largest U.S. airlines urged an Illinois federal court to keep afloat its challenge to Chicago's new paid sick leave law, saying its claims that the statute would impact flight prices and routes are fact-intensive and should proceed to discovery.
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October 08, 2024
Ex-Aide To NYC Mayor Charged With Witness Tampering
Manhattan federal prosecutors on Tuesday charged a former aide to New York City Mayor Eric Adams with witness tampering and destroying evidence, alleging he told five witnesses to lie to FBI agents investigating his boss.
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October 08, 2024
EPA Sets 10-Year Target For Lead Drinking-Water Pipe Fixes
The U.S. Environmental Protection Agency on Tuesday finalized a rule that requires all lead drinking water pipes in the country to be replaced within the next 10 years to protect the public from the "significant and irreversible" health effects tied to exposure to lead in drinking water.
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October 07, 2024
9th Circ. Eyes 'Justiciability' Of Ex-Rabobank Exec's OCC Row
A Ninth Circuit panel Monday signaled doubts about a former Rabobank executive's challenge to enforcement proceedings that the Office of the Comptroller of the Currency abruptly abandoned last year, flagging key mootness concerns while still expressing some unease with the agency's handling of the matter.
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October 07, 2024
FTC's Amazon Monopolization Suit Largely Survives Dismissal
The bulk of the Federal Trade Commission's landmark monopolization case against Amazon will go forward, a Washington federal judge held in a recently unsealed opinion that trimmed only a few state-law claims from the 20-count antitrust complaint challenging the retail giant's pricing practices.
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October 07, 2024
Skiplagged Cost American Airlines $18M, Jury Hears
American Airlines Inc. claims that airfare search engine Skiplagged Inc. cost it $18 million by masquerading as an authorized agent of the airline, but Skiplagged told a Texas jury Monday that American sued it to limit customers' "freedom of choice."
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October 07, 2024
Black La. Residents Urge Overhaul On Discriminatory Land Use
A Fifth Circuit judge asked attorneys for a Louisiana parish Monday whether they believe local government officials could continue racial discrimination for "eternity" because an allegedly discriminatory land-use plan was passed a decade ago without widespread concern.
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October 07, 2024
Car Sharing App Getaround Faces BIPA Suit Over Facial Scans
Car sharing platform Getaround Inc. is facing a proposed class action in Illinois federal court accusing the company of illegally gathering, storing and disseminating its users' facial geometry scans obtained through a mandatory verification process, in violation of the state's Biometric Information Privacy Act.
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October 07, 2024
FCC Needs To 'Harmonize' Cybersecurity, Mobile Group Says
A key wireless industry group has urged the Federal Communications Commission to ensure the network cybersecurity plans required by the agency's recent 5G Fund order are applied evenly across all its deployment funding programs.
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October 07, 2024
AbbVie's Top Brass Escape Suit Over Rinvoq Claims, For Now
An Illinois federal judge Friday tossed AbbVie investors' suit challenging directors' statements about the potential for its rheumatoid arthritis drug Rinvoq to be approved for other conditions, a possibility that collapsed over safety risks with Pfizer's competing drug Xeljanz, finding the investors don't allege the directors knew Xeljanz's results would affect Rinvoq.
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October 07, 2024
Activist Short Seller Blasts 'Preposterous' SEC Fraud Suit
The founder of Citron Research, a newsletter for short sellers, has asked a California federal court to dismiss the U.S. Securities and Exchange Commission's fraud suit against him and his investment advisory firm, arguing the suit "strategically omits" the disclaimers it accused the founder of not making.
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October 07, 2024
Morgan Lewis Taps SEC Enforcement Vet As DC Partner
Morgan Lewis & Bockius LLP announced on Monday that it has bolstered its securities enforcement and litigation team by hiring as a new partner the former U.S. Securities and Exchange Commission division of enforcement associate director, a 17-year agency veteran who supervised many of the SEC's groundbreaking or noteworthy crypto actions, including one against Kim Kardashian.
Expert Analysis
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Proposed Legislation May Crack Down On Online Drug Ads
A bill recently proposed in Congress could serve as a sea change in how the U.S. Food and Drug Administration regulates drug-related speech, with significant trickle-down effects on various corners of not only the drug industry but also on consumers and providers themselves, say Dominick DiSabatino and Arushi Pandya at Sheppard Mullin.
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What PCOAB's Broadened Liability Rule Means For Auditors
The U.S. Securities and Exchange Commission’s recent vote agreeing to lower the Public Company Accounting Oversight Board's liability standard, allowing the board to charge individual auditors whose mere negligence leads firms into PCOAB violations, may erode inspection cooperation, shrink the talent pool and have anticompetitive outcomes, say attorneys at BakerHostetler.
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Employer Tips For PUMP Act Compliance As Law Turns 2
Enacted in December 2022, the Providing Urgent Maternal Protections for Nursing Mothers Act requires employers to provide reasonable break time and a private space for employees to express breast milk, but some companies may still be struggling with how to comply, say attorneys at Alston & Bird.
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4 Takeaways From The FDIC's Proposed Recordkeeping Rule
The Federal Deposit Insurance Corp.'s new proposed rule would impose recordkeeping and other compliance requirements on custodial deposit accounts with transactional features, and practitioners should be aware of four important factors, including who is affected and who is exempt, say attorneys at Covington.
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Series
Round-Canopy Parachuting Makes Me A Better Lawyer
Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.
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Dealmaker Lessons From CFIUS' New Enforcement Webpage
The Committee on Foreign Investment in the United States’ recently launched webpage, which details the actions — and inactions — that led to enforcement activity, provides important insights for dealmakers about filing requirements, mitigation commitments and the cost of noncompliance, say attorneys at Dechert.
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SEC Settlement Holds Important Pay-To-Play Lessons
The U.S. Securities and Exchange Commission’s recent fine of an investment adviser, whose new hire made a campaign contribution within a crucial lookback period, is a seasonable reminder for public fund managers to ensure their processes thoroughly screen all associates for even minor violations of the SEC’s strict pay-to-play rule, say attorneys at Lowenstein Sandler.
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What's In Colorado's 1st-Of-Its-Kind Neural Privacy Law
Colorado recently became the first U.S. state to directly regulate neurotechnology with new legislation amending the Colorado Privacy Act to specifically protect biological and neural data, offering an example of how lawmakers can tackle the perceived regulation gaps in this area, say attorneys at Goodwin.
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7 Takeaways For Companies After Justices' Bribery Ruling
The U.S. Supreme Court’s Snyder v. U.S. decision this summer, holding that a federal law does not criminalize after-the-fact gratuities made to public officials, raises some key considerations for companies that engage with state, local and tribal governments, say attorneys at BakerHostetler.
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Why Now Is The Time For Law Firms To Hire Lateral Partners
Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Reassessing Lease Provisions To Account For ESG Initiatives
As companies seek to build ESG considerations into their businesses, it's crucial to understand how such initiatives can quickly become significant enough to compel reassessment of lease agreement provisions, and how best to modify leases accordingly, say Julian Freeman and Gabe Pitassi at Cox Castle.
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Considering Possible PR Risks Of Certain Legal Tactics
Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.
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Integrating ESG Into Risk Management Programs
Amid increasing regulations and reporting requirements for corporate sustainability in the European Union and the U.S., companies might consider how to incorporate environmental, social and governance factors into more formalized risk management, say directors at Alvarez & Marsal.
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Exploring Practical Employer Alternatives To Noncompetes
With the Federal Trade Commission likely to appeal a federal court’s recent rejection of its noncompete ban, and more states limiting the enforceability of these agreements, employers should consider back-to-basics methods for protecting their business interests and safeguarding sensitive information, says Brendan Horgan at FordHarrison.
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How Increased Sanctions Scrutiny Is Affecting Debt Markets
U.S. sanctions and export control regulators have recently taken several steps that broaden financial sector oversight, and banks, lenders and borrowers must adapt their syndication and risk assessment processes in different ways or risk incurring substantial penalties, say Cristina Brayton-Lewis and Kerrick Seay at White & Case.