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Compliance
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August 20, 2024
IRS Fee Hikes Threaten Tax Justice For Small Businesses
The Internal Revenue Service is expected to continue raising the cost for private letter rulings that clarify tax matters and provide taxpayer certainty, prompting concerns among tax professionals that economic justice may become unattainable for small businesses unable to bear these escalating costs.
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August 20, 2024
LOT Polish Airlines Objects To DOJ-Boeing 737 Max Plea Deal
LOT Polish Airlines has urged a Texas federal judge to reject Boeing's plea agreement with the U.S. Department of Justice, saying the deal deprives restitution to airline customers that incurred millions in losses because Boeing defrauded regulators about the 737 Max 8's development.
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August 20, 2024
Texas Judge Blocks FTC's Impending Ban On Noncompetes
A Texas federal judge on Tuesday permanently blocked the Federal Trade Commission's looming ban on noncompete agreements in employment contracts, setting aside the regulation with a conclusion that it's beyond the agency's authority.
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August 20, 2024
Split SEC Adopts PCAOB Rules On Auditor Liability
The U.S. Securities and Exchange Commission approved Tuesday to hold accountants to a higher standard when auditing public companies, which the majority said provided a necessary and long-awaited update to the Public Company Accounting Oversight Board's rules while detractors argued it could dissuade people from working in the industry.
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August 20, 2024
Mondelez Customer Calls Cocoa Sourcing Label Deceptive
Oreo cookies maker Mondelez International Inc. has been hit with proposed class claims in Illinois federal court that its snack packaging misleads customers into thinking the company sources its cocoa ethically when its supply chain really contributes to "grievous and unsustainable labor abuses."
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August 20, 2024
Power Plant Rule Stay Is Unwarranted, EPA Tells Justices
U.S. Solicitor General Elizabeth B. Prelogar called on the U.S. Supreme Court to reject industry groups' and Republican-led states' attempts to block the U.S. Environmental Protection Agency's rule curbing greenhouse gas emissions from power plants, saying the agency did not exceed its statutory authority.
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August 20, 2024
Local Chamber Can't Keep CFPB Case In Texas, Agency Says
The Consumer Financial Protection Bureau told a Texas federal judge that the Fort Worth Chamber of Commerce has, at most, a flimsy connection to a challenge to a new $8 credit card late fee rule, renewing its call to dismiss the local chamber and transfer the case in its latest brief.
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August 20, 2024
At Nutter, Old Guard Meets New In Expanded Gov't Practice
Twenty-five years after they first met at Boston's Suffolk University Law School as professor and student, Bill Kennedy and Dan Mulhern are teaming up to lead an expanded government affairs and public policy practice at Nutter McClennen & Fish LLP.
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August 20, 2024
EPA Finalizes Herbicide Strategy To Protect Listed Species
The U.S. Environmental Protection Agency on Tuesday released a final strategy to protect nearly 1,000 threatened and endangered species and crucial habitat from herbicides, outlining measures to reduce their exposures to the chemicals.
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August 20, 2024
FTC Endorses Push For Broader Access To Biosimilar Drugs
The Federal Trade Commission is backing a proposal that would make it easier for drugmakers to show biosimilar medicines are safe substitutes for their more expensive counterparts, a move the agency says would boost competition and reduce confusion.
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August 20, 2024
NLRB Is An 'Illegitimate Decisionmaker,' Auto Parts Co. Claims
The National Labor Relations Board is an "illegitimate decisionmaker" with agency officials who are unconstitutionally protected from removal by the president, an auto parts maker alleged in federal court, seeking a halt to an unfair labor practice proceeding against the company.
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August 20, 2024
States, Coal Cos. Seek High Court Block Of EPA Mercury Rule
A group of red states and coal companies have asked the U.S. Supreme Court to reverse the D.C. Circuit's decision allowing the U.S. Environmental Protection Agency to implement a mercury air pollution rule while their legal challenges play out.
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August 20, 2024
Epic Will Pay Google $400K For Play Store Contract Breach
Epic Games has agreed to pay Google around $400,000 for implementing its own payment method in "Fortnite" and getting booted from the Play Store, as the court continues to mull what changes Google will have to make after a jury found that its policies violate antitrust law.
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August 20, 2024
Honigman Boosts Regulatory Team In DC With Ex-NHTSA Atty
Honigman LLP announced that a former senior attorney with the National Highway Traffic Safety Administration has joined the firm as senior counsel in Washington, D.C.
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August 20, 2024
'Full Steam Ahead' For Pandemic IG Despite Sunset Fear
A pandemic watchdog office is poised to shutter in seven months — its pleas for an extension have gone unheeded. But in the meantime, its remaining employees, some working away in their nondescript Alexandria, Virginia, office, others from their homes, are hustling to recover millions of dollars from COVID-19 fraudsters.
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August 20, 2024
Mass. AG Can't Enforce Housing Act, State's Top Court Told
Massachusetts' attorney general lacks the authority to force compliance with a law requiring communities to create multifamily housing zoning districts because lawmakers have already included the loss of some types of state aid as a penalty, but no other enforcement powers, lawyers for the town of Milton have told the state's highest court.
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August 20, 2024
A Deep Dive Into Law360 Pulse's 2024 Women In Law Report
The legal industry continues to see incremental gains for female lawyers in private practice in the U.S., according to a Law360 Pulse analysis, with women now representing 40.6% of all attorneys and 51% of all associates.
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August 20, 2024
These Firms Have The Most Women In Equity Partnerships
The legal industry still has a long way to go before it can achieve gender parity at its upper levels. But these law firms are performing better than others in breaking the proverbial glass ceiling that prevents women from attaining leadership roles.
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August 20, 2024
Catching Up With Delaware's Chancery Court
A nearly record-breaking attorney fee got the nod in Delaware last week, along with Chancery Court settlements involving an international private jet service and a chain of trampoline parks. New disputes involved a famous burger restaurant chain, a computer-chip maker, a now-defunct genomic science company, and a historic manor house in west London.
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August 20, 2024
Alaska, Hawaiian Airlines Clear DOJ Review Of $1.9B Deal
Alaska Airlines said Monday that the deadline for the U.S. Department of Justice to complete the review of its planned $1.9 billion merger with Hawaiian Airlines has expired, paving the way for the closure of the deal after the DOJ's deadline had been extended several times.
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August 20, 2024
Broadcasters Fight Blockage Of Sports Streaming Megadeal
ESPN, Fox and Warner Bros. Discovery have petitioned the Second Circuit to allow their "sports-first" broadcasting service Venu to move ahead while they face antitrust litigation from streamer Fubo, which blocked Venu's launch last week.
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August 20, 2024
Clifford Chance 'In Shock' Over Missing Partner
Clifford Chance said Tuesday that it is "in shock and deeply saddened" that a partner is among six passengers missing from a yacht that was reportedly chartered to celebrate the legal victory of technology entrepreneur Mike Lynch.
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August 20, 2024
EU OKs CMS-Led Aareal Bank To Sell Unit To TPG For €3.9B
The European Union approved on Tuesday the sale for approximately €3.9 billion ($4.3 billion) by German lender Aareal Bank AG and investment company Advent International of a property management and maintenance software company to U.S. private equity firm TPG and Canada's CDPQ.
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August 19, 2024
TPG Dumped Opioid Co. On 'Unsuspecting' Endo, Suit Says
After pushing Par Pharmaceutical to grow its market share in generic opioids and disregard federal requirements to report suspicious orders, TPG Capital saw other opioid manufacturers being inundated with litigation and sold Par to "an unsuspecting" Endo International PLC, according to a lawsuit filed in New York bankruptcy court.
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August 19, 2024
Parents Not Bound By Schools' Arbitration Pact, FTC Argues
The Federal Trade Commission has stepped into a proposed class action accusing education technology company IXL Learning of unlawfully collecting and selling children's personal information, telling a California federal court that the company's agreement with schools to arbitrate disputes doesn't extend to the parents pressing the data privacy suit.
Expert Analysis
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Eye On Compliance: New Pregnancy And Nursing Protections
With New York rolling out paid lactation breaks and extra leave for prenatal care, and recent federal legislative developments enhancing protection for pregnant and nursing workers, employers required to offer these complex new accommodations should take several steps to mitigate their compliance risks, says Madjeen Garcon-Bonneau at Wilson Elser.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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FTC Focus: Private Equity Investments In Healthcare
As the Federal Trade Commission is tightening its scrutiny of private equity investment in healthcare, the agency is finding novel grounds to challenge key focus areas, including rollup acquisitions, the flip-and-strip approach and minority investments in rival providers, say attorneys at Proskauer.
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Jarkesy's Impact On SEC Enforcement Will Be Modest
Though the U.S. Supreme Court’s recent U.S. Securities and Exchange Commission v. Jarkesy decision found that fraud defendants have a constitutional right to a jury trial, the ruling will have muted impact on the agency’s enforcement because it’s already bringing most of its cases in federal court, say Jeremiah Williams and Alyssa Fixsen at Ropes & Gray.
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Opinion
Data Breach Reporting Requirements Must Change In AI Age
Outdated data breach reporting laws are inadequate to protect consumers in the age of artificial intelligence, as AI’s ability to determine relationships coupled with its improvements to deepfake technology mean that the very definitions used in breach reporting laws are no longer sufficient, says Collin Walke at Hall Estill.
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Unpacking HHS' Opinion On Cell Therapy Refund Programs
A recent advisory opinion from the U.S. Department of Health and Human Services, determining that a biopharma company's refund program for its cell therapy will not be penalized, indicates an encouraging willingness to engage, but the regulator's assumptions about the program's limited term warrant a closer look, says Mary Kohler at Kohler Health.
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New FARA Letters Offer Insight Into DOJ's Approach
The U.S. Department of Justice's recently released batch of 15 advisory opinions from the Foreign Agents Registration Act Unit provides important guidance on FARA registration triggers and exemptions, underscoring the breadth of FARA's scope, says Tessa Capeloto at Wiley.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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How 5 States' Deal Notification Laws Are Guiding Healthcare
Healthcare transaction notification laws at various stages of implementation in California, Illinois, Indiana, Oregon and Washington are shaping sector mergers and acquisitions, with significant transparency, continuity of care and compliance implications as providers tackle complex regulatory requirements, says Melesa Freerks at DLA Piper.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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Recent Settlement Shows 'China Initiative' Has Life After Death
Though the U.S. Department of Justice shuttered its controversial China Initiative two years ago, its recent False Claims Act settlement with the Cleveland Clinic Foundation demonstrates that prosecutors are more than willing to civilly pursue research institutions whose employees were previously targeted, say attorneys at Benesch.
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Takeaways From Tossed Deal In Visa, Mastercard Class Action
Given the rejection of a proposed deal in the long-running merchant antitrust class action against Visa and Mastercard in New York federal court, sweetening the proposed settlement pot likely will not be an option, leaving few possible outcomes including splitting the class and allowing opt-outs, say attorneys at Davis Wright.
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DOJ Innovasis Settlement Offers Lessons On Self-Disclosure
The recent $12 million settlement with Innovasis and two of its executives demonstrates the U.S. Department of Justice's continued prioritization of Anti-Kickback Statute enforcement amid the growing circuit split over causation, and illustrates important nuances surrounding self-disclosure, say Denise Barnes and Scott Gallisdorfer at Bass Berry.
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How Orange Book Antitrust Scrutiny Is Intensifying
Pharmaceutical patent holders should be reviewing Orange Book listing practices, as the Federal Trade Commission takes a more aggressive antitrust approach with actions such as the Teva listing probe, and the U.S. Food and Drug Administration calls attention to potentially improper listings, say attorneys at McDermott.
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What To Know As Children's Privacy Law Rapidly Evolves
If your business hasn't been paying attention to growing state and federal efforts to protect children online, now is the time to start — there is no sign of this regulation slowing down, and more aggressive enforcement actions are to be expected in the coming year, says Susan Rohol at Willkie Farr.