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Compliance
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August 26, 2024
Care.com To Pay $8.5M To Settle FTC's Deception Claims
Caregiver job website Care.com has agreed to shell out $8.5 million in refunds to put to rest allegations it misled caregivers about wages and job availability and also made it difficult for families to cancel paid memberships, the U.S. Federal Trade Commission announced Monday.
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August 26, 2024
BNY To Pay $5M CFTC Fine Over Swap Reporting Issues
The Commodity Futures Trading Commission and the Bank of New York Mellon reached a $5 million deal on Monday to resolve claims that the bank repeatedly failed to correctly report millions of swap transactions to a registered swap data repository and failed to properly supervise its swap dealer business.
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August 26, 2024
AT&T To Pay $950K To Settle With FCC Over 911 Outage
AT&T has agreed to pay $950,000 to end an enforcement action stemming from an August 2023 outage that affected 911 calls in parts of four states, the Federal Communications Commission said Monday.
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August 26, 2024
Rival Can't Avoid Drugmaker's False Ad Claim Over Pain Med
A Texas federal magistrate on Monday advised against dismissing Pacira Biosciences Inc.'s suit against a rival, finding that Pacira had alleged enough facts to show QuVa Pharma Inc.'s advertising is deceptive in a suit over the former company's compounded drug for pain.
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August 26, 2024
Former Google Execs Fight Ad Tech Trial Subpoenas
Former Google vice presidents and other company managers have filed a series of motions asking a Virginia federal judge to block U.S. Department of Justice subpoenas trying to force their testimony at next month's advertising technology monopolization trial, arguing their live participation is unneeded and improperly demanded.
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August 26, 2024
DC Circ. Tosses FERC's San Francisco Power Order
The D.C. Circuit vacated a Federal Energy Regulatory Commission order that Pacific Gas and Electric Co. argued expanded the utility's obligation to carry San Francisco-generated power to the city's retail customers, finding that the agency wrongly grandfathered classes of consumers into the wheeling arrangements.
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August 26, 2024
11th Circ. Won't Revive JPMorgan Chase Whistleblower Suit
The Eleventh Circuit on Monday refused to revive a whistleblower suit against JPMorgan Chase Bank NA for allegedly forging mortgage loan documents and submitting false reimbursement claims to Fannie Mae and Freddie Mac, finding the allegations had already been publicized prior to the lawsuit.
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August 26, 2024
CFPB Defeats Challenge To Small-Biz Lending Rules
The Consumer Financial Protection Bureau landed an early win Monday in an industry-backed challenge to its reporting requirements for small business lenders, with a Texas federal judge finding the rule "is much more modest than plaintiffs would lead the court to believe."
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August 26, 2024
SEC Claims Crypto Bros. Raised Millions With Lies
The SEC on Monday filed suit against two brothers in Georgia federal court, claiming they ran a Ponzi scheme under the guise of a crypto asset lending pool and misspent millions of dollars of investors' money, including on vehicle purchases and a penthouse condo in Miami.
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August 26, 2024
Crypto Lender Abra Settles SEC's Unregistered Securities Suit
The U.S. Securities and Exchange Commission announced Monday that it's settled with the business entity behind crypto lending platform Abra over alleged failures to register its lending product.
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August 26, 2024
Ariz. Woman Owes $22M After Defrauding State Health System
A Mesa, Arizona, woman has been ordered to pay nearly $22 million in restitution to the state's Health Care Cost Containment System and serve more than five years in federal prison after she admitted to a fraudulent billing practice targeting Native Americans seeking behavioral health treatment.
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August 26, 2024
NC State '83 Basketball Champs Add TV Networks To NIL Suit
Members of the 1983 North Carolina State basketball championship team, known as the Cardiac Pack, have added CBS and TNT to their lawsuit alleging their name, image and likeness were exploited by the National Collegiate Athletic Association and others to garner untold amounts during March Madness without the players seeing a dime.
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August 26, 2024
Pa. Goodwill Qualifies For Charitable Exemption, Court Says
A Goodwill store in Pennsylvania qualifies for a charitable exemption from property tax, the state's Commonwealth Court ruled Monday, finding the store satisfies constitutional requirements for the exemption by providing employee training and driver's training.
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August 26, 2024
Connecticut And NY AGs Reach Terms For Hospital Merger
Two major hospital systems in New York and Connecticut have reached an agreement with their states' attorneys general to resolve an antitrust investigation spurred by the planned merger of Northwell Health and Nuvance Health, bringing the deal first announced in February closer to fruition.
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August 26, 2024
Feds Want 1 Year In Prison For Co. Owner In Bid-Rigging Case
On Friday, federal prosecutors asked a Georgia federal judge to sentence a man who pled guilty to participating in a coastal Georgia concrete bid-rigging and price-fixing scheme to one year and a day in prison.
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August 26, 2024
New $400M Suit Over NBA Jersey Deal Alleges Owner Threats
A beverage company and its founder have accused the NBA's Houston Rockets of defrauding it in a proposed jersey sponsorship and product promotion deal, and claimed that owner Tilman Fertitta sent his lawyers to threaten them, in a suit filed in Florida federal court that seeks more than $400 million in damages.
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August 26, 2024
Telegram CEO Arrested In French Probe Of Messaging App
The founder and CEO of messaging platform Telegram has been arrested in Paris as part of an investigation into allegations the company is complicit in illegal transactions, child pornography and organized fraud, French prosecutors said Monday.
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August 26, 2024
Feds Want Prison For Ex-Atlanta CFO Who Stole City Funds
The former chief financial officer for the city of Atlanta who admitted to stealing city money and obstructing an IRS audit should spend at least about three years in prison, federal prosecutors argued ahead of his sentencing, saying he has been uncooperative since pleading guilty.
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August 26, 2024
FTC Mulls Proposal To Alter Puerto Rican Pharmacy Deal
The Federal Trade Commission is considering a plan to allow Puerto Rico's largest independent pharmacy cooperative to resume collective negotiations with payors, reexamining a 2012 settlement agreement that the cooperative says is now unnecessary because of changes in the commonwealth's law and pharmacy market.
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August 26, 2024
JPMorgan Cash Sweep 'Shortchanged' Customers, Suit Says
JPMorgan Chase has been hit with a proposed class action in New York federal court alleging its securities branch "shortchanged" customers by automatically "sweeping" their uninvested cash balances into deposit accounts at its affiliate, Chase Bank.
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August 26, 2024
NY Nursing Homes Can't Duck AG's $83M Fraud Suit
A New York judge shot down a bid by four nursing homes and their operators to dismiss the state attorney general's claims that they defrauded Medicare and Medicaid and neglected residents.
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August 26, 2024
Globetrotters Parent Co. Shouldn't Duck Bias Suit, Judge Says
The Harlem Globetrotters' parent company and its media arm shouldn't be able to escape a player's suit alleging she was cut from the team after rejecting its general manager's romantic advances, a Georgia federal judge said, rejecting the entities' arguments that they weren't properly notified about the allegations.
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August 26, 2024
Energy Cases To Watch In The 2nd Half Of 2024
Even after an action-packed first half of 2024, plenty of high-stakes energy litigation remains, including a new twist in the prolonged battle over climate change lawsuits against fossil fuel companies, as well as cases that could influence federal climate change policy. Here are several cases energy attorneys will be watching in the second half of the year.
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August 26, 2024
Gov't Contracting Policies To Watch In The 2nd Half Of 2024
An overhaul to the U.S. Department of Defense's cybersecurity requirements and a pending rule requiring many contractors to report their greenhouse gas emissions headline a slate of significant policy initiatives for government contractors to watch for during the second half of this year. Here, Law360 previews four upcoming policy changes with significant potential impacts on government contractors.
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August 24, 2024
Italian Prosecutors Open Criminal Probe Into Yacht Sinking
Italian prosecutors said Saturday that they have opened a criminal investigation into the sinking of a superyacht that claimed the lives of seven people including a partner at Clifford Chance LLP and his client, British technology mogul Mike Lynch.
Expert Analysis
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OSHA Workplace Violence Citation Highlights Mitigation Steps
The Occupational Safety and Health Administration's recent citation against behavioral health company Circles of Care sheds light on the enforcement risks companies may face for failing to prevent workplace violence, and is a reminder of the concrete steps that can help improve workplace safety, say attorneys at Benesch.
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Energy And AI: Key Issues And Future Challenges
Artificial intelligence promises new technical advantages for the energy industry, but it is also responsible for vast, and growing, energy consumption — so the future of AI and energy will require balancing technological advancement with regulatory oversight, environmental responsibility and infrastructure development, say attorneys at Morgan Lewis.
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Opinion
Transpo Board Should Broaden Ex Parte Rules Further
The Surface Transportation Board's 2018 ex parte rule reform was an important step in increasing agency engagement with stakeholders — but the board should build on that progress by expanding the windows for communications in informal rulemakings, encouraging more communications with staff, and making other changes, say Matthew Warren and Allison Davis at Sidley.
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When Banks Unknowingly Become HIPAA Biz Associates
There appears to be significant confusion regarding the application of the Health Insurance Portability and Accountability Act to financial institutions when serving healthcare-related clients, so these institutions should consider undertaking several steps as a starting point in the effort to achieve compliance, say attorneys at Vorys.
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The Regulatory Headwinds Facing Lab-Developed Tests
Though the U.S. Food and Drug Administration's final rule regarding regulation of laboratory-developed tests outlines a four-year plan for ending enforcement discretion, and though this rule is currently being challenged in courts, manufacturers should heed compliance opportunities immediately as enforcement actions are already on the horizon, say attorneys at Kirkland & Ellis.
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3 High Court Rulings May Shape Health Org. Litigation Tactics
Three separate decisions from the U.S. Supreme Court's most recent term — Loper Bright, Corner Post and Jarkesy — will likely strengthen healthcare organizations' ability to affirmatively sue executive agencies to challenge regulations governing operations and enforcement actions, say attorneys at McDermott.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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Why DOJ's Whistleblower Program May Have Limited Impact
The U.S. Department of Justice’s new whistleblower pilot program aims to incentivize individuals to report corporate misconduct, but the program's effectiveness may be undercut by its differences from other federal agencies’ whistleblower programs and its interplay with other DOJ policies, say attorneys at Milbank.
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CFPB's Earned Wage Access Rule Marks Regulatory Shift
The Consumer Financial Protection Bureau's newly issued interpretive rule on earned wage access products, classifying them as extensions of credit, marks a significant shift in their regulatory landscape and raises some important questions regarding potential fringe cases and legal challenges, say Erin Bryan and Courina Yulisa at Dorsey & Whitney.
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How Calif. Justices' Prop 22 Ruling Affects The Gig Industry
The California Supreme Court's recent upholding of Proposition 22 clarifies that Uber, Lyft, DoorDash and other companies in the gig industry can legally classify their drivers as independent contractors, but it falls short of concluding some important regulatory battles in the state, says Mark Spring at CDF Labor.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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How Corner Post Affects Enviro Laws' Statutes Of Limitations
The U.S. Supreme Court's recent ruling in Corner Post v. Federal Reserve Board has helped to alter the fundamental underpinnings of administrative law — and its plaintiff-centric approach may have implications for some specific environmental laws' statutes of limitations, say Chris Leason and Liam Martin at Gallagher and Kennedy.
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How Gov't AI Protections May Affect Contractors' Data Rights
The U.S. Senate’s proposed National Defense Authorization Act for 2025, which includes provisions to maintain the government's data rights when contracting for artificial intelligence, should prompt contractors to examine how to protect their own rights when the current data rights framework is applied to AI, say Tyler Evans and Caitlin Conroy at Steptoe.
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Jarkesy May Thwart Consumer Agencies' Civil Penalty Power
The U.S. Supreme Court's ruling in U.S. Securities and Exchange Commission v. Jarkesy not only implicates future SEC administrative adjudications, but those of other agencies that operate similarly — and may stymie regulators' efforts to levy civil monetary penalties in a range of consumer protection enforcement actions, say attorneys at Holland & Knight.