Compliance

  • February 28, 2024

    FTC Not Backing Down In Kids' Privacy Arena, Chair Says

    The Federal Trade Commission is focused on using all its tools to crack down on social media platforms that are "manipulating" users' data and harming children, including by continuing to take aggressive enforcement action and exploring the possibility of crafting new regulations to curb online "commercial surveillance" practices, the agency's chair said Wednesday. 

  • February 28, 2024

    Ariz. AG Says RealPage, Landlords Use Algo To Fix Rent Prices

    Arizona's attorney general on Wednesday filed an antitrust suit in state court against RealPage and several landlords over an alleged conspiracy to illegally raise rents for hundreds of thousands of renters by using the software company's algorithms to quell competition.

  • February 28, 2024

    SEC Taps Agency Vet To Lead Adviser, Fund Rulemaking Unit

    The U.S. Securities and Exchange Commission announced Wednesday that an agency veteran currently serving as deputy director of the examinations division will be the new head of its investment management division, which oversees the regulation of investment advisers, mutual funds and certain private fund operators.

  • February 28, 2024

    'You Gave Away Your Case': Crypto Win Wilts At High Court

    The U.S. Supreme Court on Wednesday leaned toward letting a technical tug-of-war continue in litigation accusing the cryptocurrency platform Coinbase Inc. of running a sketchy sweepstakes, as multiple justices suggested the Ninth Circuit overlooked key issues when it sided with aggrieved consumers.

  • February 28, 2024

    Google Search Judge Lets Rival's Keyboard Suit Proceed

    The same D.C. federal judge presiding over the government's search monopolization suit against Google sent up a tantalizing smoke signal for that case Tuesday in refusing to toss an Android keyboard app developer's separate antitrust lawsuit against the technology giant, rejecting key defense arguments meant to cast doubt on Google's alleged dominance.

  • February 28, 2024

    Marcum CPA Sues To Stop SEC's 'Unprecedented' In-House Case

    A certified public accountant and Marcum LLP engagement partner has sued the U.S. Securities and Exchange Commission in New York federal court, seeking to block its administrative case against him by arguing his constitutional rights are being violated by an "entirely unprecedented" enforcement action.

  • February 28, 2024

    Wells Fargo Fired Teller For AML Whistleblowing, Suit Says

    Wells Fargo faces an ex-employee's suit alleging the bank fired her in retaliation after she raised concerns that the bank's "streamlined" online account opening process allowed customers to open accounts even if they'd previously failed screening aimed at preventing money laundering.

  • February 28, 2024

    Gemini To Pay $37M Fine, Vows To Make Customers Whole

    Crypto exchange Gemini Trust Co. has committed to making users of its now-shuttered Earn product whole through the bankruptcy of its former partner Genesis Global under a new settlement with a New York regulator that included a $37 million fine for additional alleged compliance failures.

  • February 28, 2024

    SEC Republicans Warn Against Changing 'Accredited' Definition

    Limiting who counts as an accredited investor could "devastate" local angel investor networks, a Republican member of the U.S. Securities and Exchange Commission has warned, as the agency weighs enacting additional rules on private markets.

  • February 28, 2024

    Binance Founder Against More Travel Limits, Floats UAE Trip

    Binance founder Changpeng Zhao has told a Washington federal judge he opposes prosecutors' motion for further travel restrictions and suggested, without explicitly asking, that he be allowed to see his family in the United Arab Emirates. 

  • February 28, 2024

    FCC 'Amnesty' Sought For Rural Broadband Grant Defaults

    Broadband experts got together Wednesday to urge the Federal Communications Commission to offer "amnesty" for defaulting on FCC-funded rural network development projects, so that unserved areas can still receive similar grants being distributed by the U.S. Department of Commerce.

  • February 28, 2024

    Carriers Seek More Time For SIM Card Anti-Fraud Measures

    A telecom carriers' group agreed with wireless companies who say the Federal Communications Commission needs to set aside more time for providers to comply with new rules to fight SIM card swapping fraud.

  • February 28, 2024

    Indivior's $385M Suboxone Antitrust Deal Gets Final OK

    A Pennsylvania federal judge has granted final approval to Indivior's $385 million settlement with direct purchasers in antitrust litigation over its opioid addiction treatment Suboxone and awarded roughly $120 million in attorney fees to the purchasers' counsel.

  • February 28, 2024

    AG James Accuses Meat Co. JBS Of Misleading Enviro Claims

    New York Attorney General Letitia James slapped JBS USA, the U.S. subsidiary of the world's largest producer of beef products, with a complaint in New York state court Wednesday, accusing the company of misleading the public about the environmental impact of its products.

  • February 28, 2024

    Green Groups Pan Colorado's Monitoring Deal With Suncor

    A group of environmental advocacy organizations told a Colorado state judge that state environmental regulators and Suncor Energy gave them too little time to review a settlement about enforcement of air quality monitoring regulations, but said they saw enough to spot some concerning flaws.

  • February 28, 2024

    CFPB, FTC Urge 11th Circ. To Rule Against 'Pay-To-Pay' Fees

    The Consumer Financial Protection Bureau and Federal Trade Commission have backed consumers battling mortgage servicer Ocwen over the legality of so-called convenience fees, urging the Eleventh Circuit to affirm that federal prohibitions apply to the charges.

  • February 28, 2024

    9th Circ. Says DOL Can Use Las Vegas Data For Nev. Wages

    The Ninth Circuit has said the U.S. Department of Labor was legally able to use data for a higher-paid Nevada region when it sorted out prevailing wages in the state, turning down a bid by three construction industry-related organizations to consider geographic limitations for wages.

  • February 28, 2024

    Enviro Orgs Sue EPA Over Factory Farm Water Pollution Regs

    Green groups are pushing the Ninth Circuit to revive their petition asking the U.S. Environmental Protection Agency to craft new, stronger Clean Water Act regulations for the large animal feeding facilities they call "sewerless cities."

  • February 28, 2024

    Meta Trims BIPA Voiceprint Privacy Suit, For Now

    A California federal judge pared some claims from a proposed class action claiming Meta Platforms Inc. violates Illinois' Biometric Information Privacy Act by unlawfully using voice recordings created by users of its Facebook and Messenger platforms, but allowed the plaintiff to amend claims that the social media giant profited from and improperly stored her data.

  • February 28, 2024

    Google Attys' 'Fake Privilege' Comments Cited In Search Suit

    The U.S. Justice Department and states accusing Google of monopolizing the online-search market have asked a D.C. federal judge to consider internal chats disclosed in Epic Games' antitrust lawsuit that revealed Google's lawyers discussing "fake privilege" — a practice of unnecessarily involving a lawyer to make an exchange confidential.

  • February 28, 2024

    Judge Says Ermi Counterclaims In Qui Tam Case Can Stand

    A Georgia federal judge has refused to free Ermi LLC's former chief compliance officer from counterclaims the company lodged in response to her whistleblower suit accusing the company of fraud and retaliation, with the judge saying the company has adequately alleged breaches of fiduciary duty and contract claims.

  • February 28, 2024

    TKO Reveals Ongoing Impact Of McMahon Issues In Filing

    WWE is not immune to the personal legal battles and controversies of disgraced founder Vince McMahon, who was recently accused of trafficking a former employee, according to a recent regulatory filing by parent company TKO.

  • February 28, 2024

    Conn. State Worker Wants Atty Fees After Noose Trial Win

    A Black employee of Connecticut's state energy and environmental regulator is asking a federal judge to award more than $200,000 in attorney fees after he prevailed in a lawsuit alleging that he was racially tormented and exposed to nooses in a hostile work environment.

  • February 28, 2024

    Trump Can't Freeze $465M Penalty But Can Seek Loans

    A New York state appellate judge on Wednesday refused to freeze the $465 million civil fraud judgment against Donald Trump while he appeals the award, but said the former president could take out loans to cover the cost of the judgment.  

  • February 28, 2024

    AdaptHealth, Ex-CEO Cut $51M Deal To End Investor Fight

    AdaptHealth and its former CEO have agreed to pay $51 million to resolve a shareholder suit alleging the medical equipment company misled investors by retroactively inflating growth numbers ahead of a merger with special acquisition firm DFB Healthcare Acquisitions Corp., according to court documents filed in Pennsylvania federal court Tuesday.

Expert Analysis

  • Proposed Hydrogen Tax Credit Regs May Be Legally Flawed

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    While the recently proposed regulations for the new clean hydrogen production tax credit have been lauded by some in the environmental community, it is unclear whether they are sufficiently grounded in law, result from valid rulemaking processes, or accord with other administrative law principles, say Hunter Johnston and Steven Dixon at Steptoe.

  • When Physician Retirement Arrangements May Be Legal

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    A recent advisory opinion from the Office of Inspector General regarding physician retirement arrangements sheds light on key considerations and mitigating factors that may be useful when attempting to balance healthcare operational needs with statutory conformity, says Magda Rodriguez at Day Pitney.

  • How Broker-Dealers Can Prepare For New Remote Work Rules

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    Securities regulators recently expanded broker-dealers' ability to permit flexible remote working arrangements through the introduction of residential supervisory locations, a welcome change that better allows broker-dealers to attract and retain talent, say attorneys at King & Spalding.

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

  • Communication Is Key As CFPB Updates Appeals Process

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    Though a recently updated Consumer Financial Protection Bureau rule expands financial institutions' abilities to appeal supervisory decisions, creating strong relationships and open communication channels with CFPB examiners may help resolve disputes faster than the more cumbersome formal process, says Jason McElroy at Saul Ewing.

  • Considerations For Disclosing AI Use In SEC Filings

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    Recent remarks from U.S. Securities and Exchange Commission Chair Gary Gensler should be heard as a clarion call for public companies to disclose artificial intelligence use, with four takeaways on what companies should disclose, says Richard Hong at Morrison Cohen.

  • Unpacking The New Russia Sanctions And Export Controls

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    Although geographically broad new prohibitions the U.S., U.K. and EU issued last week are somewhat underwhelming in their efforts to target third-country facilitators of Russia sanctions evasion, companies with exposure to noncompliant jurisdictions should pay close attention to their potential impacts, say attorneys at Shearman.

  • Args In APA Case Amplify Justices' Focus On Agency Power

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    In arguments last week in Corner Post v. Federal Reserve, the U.S. Supreme Court justices paid particular importance to the possible ripple effects of their decision, which will address when a facial challenge to long-standing federal rules under the Administrative Procedure Act first accrues and could thus unleash a flood of new lawsuits, say attorneys at Snell & Wilmer.

  • Mitigating Whistleblower Risks After High Court UBS Ruling

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    While it is always good practice for companies to periodically review whistleblower trainings, policies and procedures, the U.S. Supreme Court’s recent whistleblower-friendly ruling in Murray v. UBS Securities helps demonstrate their importance in reducing litigation risk, say attorneys at Arnold & Porter.

  • What Recent Setbacks In Court Mean For Enviro Justice

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    Two courts in Louisiana last month limited the federal government's ability to require consideration of Civil Rights Act disparate impacts when evaluating state-issued permits — likely providing a framework for opposition to environmental justice initiatives in other states, say attorneys at King & Spalding.

  • Steps For Companies New To Sanctions Compliance

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    Businesses newly required to implement compliance programs due to the increased breadth of mandatory sanctions and export controls, including 500 additional Russia sanctions announced last Friday, should closely follow the guidance issued by the Office of Foreign Assets Control and other regulators, say Jennifer Schubert and Megan Church at MoloLamken.

  • Bank Secrecy Act Lessons For Casinos After DOJ Settlements

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    The U.S. Department of Justice's recent settlements with the MGM Grand and Cosmopolitan casinos, resolving an investigation into alleged violations of the Bank Secrecy Act, signal a shift in the DOJ's enforcement focus and provide insight into potential pitfalls in anti-money laundering compliance programs, say attorneys at Jenner & Block.

  • Navigating ACA Reporting Nuances As Deadlines Loom

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    Stephanie Lowe at Liebert Cassidy walks employers through need-to-know elements of Affordable Care Act reporting, including two quickly approaching deadlines, the updated affordability threshold, strategies for choosing an affordability safe harbor, and common coding pitfalls.

  • Setting The Stage For High Court BofA Escrow Interest Case

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    Dori Bailey and Curtis Johnson at Bond Schoeneck examine relevant legislation and case law dating back 200 years ahead of oral arguments at the U.S. Supreme Court on Tuesday in Cantero v. Bank of America, the outcome of which will determine whether state laws governing mortgage escrow accounts can be enforced against national banks.

  • What To Know About OCC Proposals For Bank Merger Review

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    The Office of the Comptroller of the Currency's proposed changes to the agency's bank merger review process could exacerbate industry concerns with long and unpredictable processing periods because the proposal is ambiguous with respect to how the OCC will view certain transactions, say attorneys at Simpson Thacher.

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