Compliance

  • March 14, 2025

    4th Circ. Lets White House Anti-DEI Efforts Proceed

    The Fourth Circuit on Friday lifted a temporary injunction blocking President Donald Trump's administration from implementing the bulk of his executive orders targeting diversity, equity and inclusion programs, though each judge on the panel had differing views on the matter. 

  • March 14, 2025

    ExxonMobil Brings $14M Clean Air Act Suit To High Court

    ExxonMobil on Friday urged the U.S. Supreme Court to overturn both a "radically divided" en banc Fifth Circuit's opinion upholding $14.25 million in air pollution penalties as well as a decades-old high court ruling concerning redressability, saying it was being made to pay penalties environmental group plaintiffs won't even receive.

  • March 14, 2025

    Looming Virginia AI Bill Likely Just Start Of State Law Flood

    Virginia is on the brink of becoming the second state to regulate high-risk uses of artificial intelligence, a move that would kick-start the formation of a patchwork that is similar to the one emerging in the data privacy realm and that is expected to rapidly expand in the wake of the federal government's disavowal of stringent rules in the AI space.

  • March 14, 2025

    Qatari Sheikh's Billions Invoked In $1M Scam, SEC Claims

    A purported wealth management company and its managing member face U.S. Securities and Exchange Commission fraud allegations over a pair of $1 million dollar schemes, including one involving an elaborate ruse invoking ties to the wealth of the royal family of Qatar.

  • March 14, 2025

    Real Estate Recap: Waldorf Reno, DEI Scrubbing, CFIUS Risk

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including a chat with the legal team behind the 10-year renovation of Manhattan's iconic Waldorf Astoria, how real estate companies are dropping mention of diversity, equity and inclusion from public filings, and increasing scrutiny by the Committee on Foreign Investment in the United States.

  • March 14, 2025

    'Pig Butchering' Crypto Site Must Pay $2.5M, Judge Says

    A purported crypto trading platform has been ordered to pay nearly $2.5 million after failing to respond to U.S. Commodity Futures Trading Commission claims that it was at the heart of a so-called pig-butchering scheme — or a scam that sees victims fleeced by fictitious, chatty social media users.

  • March 14, 2025

    Employment Authority: McFerran Talks Trump, NLRB's Future

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with an exclusive interview with former National Labor Relations Board Chairman Lauren McFerran, a glimpse at important developments with diversity, equity and inclusion cases, and a review of incoming U.S. Department of Labor Secretary Lori Chavez-DeRemer's record.

  • March 14, 2025

    Chocolate-Makers Can't Keep Child Labor Suit In Fed. Court

    Mars Inc. and other chocolate-makers have lost their bid to keep in federal court a suit claiming they falsely advertised their products as being made without child slave labor, with a federal judge finding the alleged damages weren't high enough to trigger federal jurisdiction.

  • March 14, 2025

    Md. Judge Joins Calif. In Reversing Federal Workers' Firing

    A Maryland federal judge has ordered the reinstatement of thousands of probationary employees who were abruptly fired from 18 federal agencies, saying the Trump administration's lack of required notice left states "scrambling" to pick up the pieces.

  • March 14, 2025

    5th Circ. Affirms Energy Exec's Insider Trading Conviction

    The Fifth Circuit upheld a Texas energy executive's conviction for insider trading on natural gas futures based on the constitutionality of federal laws and regulations that criminalize manipulative commodity deals.

  • March 14, 2025

    4th Circ. Dubious Of Private Island's Win In Fair Housing Fight

    The Fourth Circuit on Friday seemed poised to upend a lower court ruling siding with a gated community in a discriminatory housing suit brought by the developer of a proposed assisted living facility, with one judge lamenting a lack of analysis on whether the facility's accommodation request was necessary and reasonable.

  • March 14, 2025

    Calif. Insurance Chief OKs State Farm Rates Pending Hearing

    The California Department of Insurance on Friday provisionally approved State Farm's request for an emergency rate hike following the Los Angeles fires, including a nearly 22% increase for homeowners, saying final approval will be contingent on the insurer justifying its request at a hearing.

  • March 14, 2025

    DC Circ. Asks If FERC Oil Orders Are In Its Purview

    The D.C. Circuit is questioning its own decades-long practice of reviewing orders from the Federal Energy Regulatory Commission that help determine the cost of transporting oil through pipelines, asking litigants whether it has jurisdiction to consider an appeal nearing its conclusion.

  • March 14, 2025

    Whistleblower Hasn't Proved Retaliation In Tariff Fraud Case

    A former employee of two defunct footwear companies has not shown her boss fired her for confronting him about a scheme she alleged he ran to lower tariffs on certain shoes, a New York federal court ruled, letting her claim that he ran the scheme continue to trial.

  • March 14, 2025

    Legalese Aside, Live Nation Judge Keeps Damages Claims

    A New York federal judge refused Friday to pare back a lawsuit filed by the government and 40 states accusing Live Nation of quashing competition and hiking ticketing prices, preserving claims that artists have been forced to use Live Nation promotion services and deeming state attorneys general to have standing to seek damages.

  • March 14, 2025

    Apple Tells DC Circ. It's Still Singled Out In Final Google Fixes

    Apple told the D.C. Circuit that it still needs to intervene in the U.S. Department of Justice's search monopolization case against Google because the government's final remedy proposal still treats the iPhone-maker differently than other companies.

  • March 14, 2025

    Chief Justice Won't Halt FINRA Case Against Suing Brokerage

    Chief U.S. Supreme Court Justice John Roberts on Friday denied a request to stay an in-house Financial Industry Regulatory Authority disciplinary proceeding while a broker-dealer attempts to convince the justices to hear its constitutional challenge to the regulator.

  • March 14, 2025

    Calif. Tribe Looks To Defend Casino Land Trust Decision

    A California tribe at the crux of an Interior Department decision to take 221 acres of trust land for the construction of its casino development wants to intervene in a challenge to the order, saying it and the federal agency have different goals in dismissing the dispute.

  • March 14, 2025

    Green Groups Sue Fed. Agencies Over Frozen Funding

    Environmental groups sued five federal government agencies and their leaders, alleging they illegally froze congressionally approved funding and are hampering the organizations' work.

  • March 14, 2025

    FTC Urges 8th Circ. Not To Pause Insulin Pricing Case

    The Federal Trade Commission has urged the Eighth Circuit not to pause its in-house case accusing Caremark Rx, Express Scripts and OptumRx of artificially inflating insulin prices, telling the appeals court the pharmacy benefit managers have no chance of winning on their constitutional claims.

  • March 14, 2025

    Ex-Ozy Media Employee Avoids Prison After Cooperating

    A former Ozy Media employee who became a government cooperator and testified at the fraud trial of the company and its founder Carlos Watson was sentenced to time served Friday.

  • March 14, 2025

    Former SEC General Counsel Barbero Joins Venable In DC

    Venable LLP announced Friday that former U.S. Securities and Exchange Commission general counsel Megan Barbero has joined the firm's Washington, D.C., office following a three-year stint at the Wall Street regulator. 

  • March 14, 2025

    GC Cheat Sheet: The Hottest Corporate News Of The Week

    Delaware made news in the past week when revisions to its general corporation law, which arose in part from recent reports that some corporations were moving to other states, passed in the state Senate. Meanwhile, a judge blocked a late deposition from a Chubb unit that sought testimony from Smithfield Foods' legal officer, slamming the insurer for making the request more than five years after the case began. These are some of the stories in corporate legal news you may have missed in the past week.​

  • March 14, 2025

    Class Can't Re-Contest Debt Collection, Mich. Law Firm Argues

    A law firm accused of charging unlawfully high post-judgment interest rates on debt collection actions told a Michigan federal court on Thursday that several debtors have already resolved their litigation, precluding them from pressing their federal class action, and debt collection agencies blamed the rates on the law firm.

  • March 14, 2025

    Judge Splits $79M Judgment In Danish Tax Fraud Case

    A New York federal judge divided a nearly $79 million judgment against four investors and their pension plans after a jury in February found them liable for participating in a tax fraud scheme against the Danish government.  

Expert Analysis

  • 9 Considerations For Orgs Using AI Meeting Assistants

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    When deciding to use artificial intelligence meeting assistants, organizations must create and implement a written corporate policy that establishes the do's and don'ts for these assistants, taking into account individualized business operations, industry standards and legal and regulatory requirements, say attorneys at Faegre Drinker.

  • Expectations For SEC Exams As Private Credit Market Grows

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    The U.S. Securities and Exchange Commission may rely heavily on its Division of Examinations for regulating private credit markets amid their expansion into the retail investor space, so investment advisers should be prepared to address several likely areas of focus when confronted with an exam, say attorneys at Dechert.

  • AG Watch: Texas Is Entering New Privacy Enforcement Era

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    The state of Texas' recent suit against Allstate is the culmination of a long-standing commitment to vigorously enforcing privacy laws in the state, and while still in the early stages, it offers several important insights for companies and privacy practitioners, says Paul Singer at Kelley Drye.

  • IRS Scrutiny May Underlie Move Away From NIL Collectives

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    The University of Colorado's January announcement that it was severing its partnership with a name, image and likeness collective is part of universities' recent push to move NIL activities in-house, seemingly motivated by tax implications and increased scrutiny by the Internal Revenue Service, say attorneys at Buchanan Ingersoll.

  • Considerations As Trump Admin Continues To Curtail CFPB

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    Recent sweeping moves from the Consumer Financial Protection Bureau's new leadership have signaled a major shift in the agency's trajectory, and regulated entities should prepare for broader implications in both the near and long term, say attorneys at Pryor Cashman.

  • Cos. Should Prepare For Mexican Payments Surveillance Tool

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    The recent designation of six Mexican cartels as "specially designated global terrorists" will allow the Treasury Department to scrutinize nearly any Mexico-related payment through its Terrorist Finance Tracking Program — a rigorous evaluation for which even sophisticated sanctions compliance programs are not prepared, says Jeremy Paner at Hughes Hubbard.

  • How Foreign Cos. Should Prep For New UK Fraud Law

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    As the U.K. prepares to hold companies criminally liable for failing to prevent fraudulent acts of their associates, U.S. and global companies should review their compliance measures against the broad language of this new offense, which could permit prosecution of acts committed entirely abroad, say attorneys at Latham & Watkins.

  • Implications Of Kid Privacy Rule Revamp For Parents, Cos.

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    The Federal Trade Commission's recent amendments to the Children's Online Privacy Protection Act will expand protections for children online, meaning parents will have greater control over their children's data and tech companies must potentially change their current privacy practices — or risk noncompliance, say attorneys at Labaton Keller.

  • What's Potentially In Store For CFTC Under New Leadership

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    Under the leadership of acting U.S. Commodity Futures Trading Commission Chairman Caroline Pham, and with the nomination of former commissioner Brian Quintenz to serve as permanent chair, the commission is set to widely embrace digital assets and event contracts, say attorneys at Davis Wright.

  • Revived Executive Order Is A Deregulatory Boon To Banks

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    A recently reinstated 2019 executive order reveals the Trump administration’s willingness to provide unprecedented protections for regulated parties — including financial institutions — but to claim them, banks and other entities must adopt a forward-leaning posture to work with the regulators, say attorneys at Davis Wright.

  • Recent Cases Clarify FCA Kickback Pleading Standards

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    Two recently resolved cases involving pharmaceutical manufacturers may make it more difficult for False Claims Act defendants facing kickback scheme allegations to get claims dismissed for lack of evidence, say Li Yu at Bernstein Litowitz, Ellen London at London & Noar, and Gregg Shapiro at Gregg Shapiro Law.

  • Opinion

    Antitrust Analysis In Iowa Pathologist Case Misses The Mark

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    An Iowa federal court erred in its recent decision in Goldfinch Laboratory v. Iowa Pathology Associates by focusing exclusively on market impacts and sidestepping key questions that should be central to antitrust standing analysis, says Daniel Graulich at Baker McKenzie.

  • 2 Practical Ways For Banks To Battle Elder Financial Abuse

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    Federal regulators' recent statement raising awareness of elder financial exploitation provides a useful catalog of techniques that banks can employ to fight fraud, particularly encouraging older account holders to establish trusted contacts and sharing timely warnings about the latest scams with customers, say attorneys at Nutter.

  • 3 Ways Civil Plaintiffs Could Fill An FCPA Enforcement Gap

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    While the Department of Justice recently announced it would deprioritize Foreign Corrupt Practices Act investigations into U.S. businesses without obvious ties to international crime, companies should stay alert to private plaintiffs, who could fill this enforcement void — and win significant civil damages — through several legal channels, says Eric Nitz at MoloLamken.

  • Examining Trump Meme Coin And SEC's Crypto Changes

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    While the previous U.S. Securities and Exchange Commission tended to view most crypto-assets as securities, the tide is rapidly changing, and hopefully the long-needed reevaluation of this regulatory framework is not tarnished by an arguable conflict of interest due to President Donald Trump's affiliation with the $Trump meme coin, say attorneys at Thompson Coburn.

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