Compliance

  • 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.  

  • March 14, 2025

    FTC Probing $13B Marketing Mega-Deal

    Marketing communications giants Omnicom and Interpublic disclosed an in-depth Federal Trade Commission probe into their $13 billion merger, pumping the brakes on their ability to close the deal soon, but they said the expectation is nevertheless to finish by the second half of this year.

  • March 14, 2025

    Skadden Tech Veteran Preps For AI's Planetary Revolution

    Kenton King helped open Skadden's Silicon Valley offices some 25 years ago and has lived and breathed tech for a majority of his career, so he's no stranger to so-called disruptors in the sector. But he said game-changers like artificial intelligence come along only once or twice in a lifetime.

  • March 14, 2025

    Washington Dept. OKs Property Conversion Tax Break Regs

    Washington state's Department of Revenue adopted regulations to clarify eligibility requirements for a retail sales and use tax break for the conversion of commercial property to affordable housing authorized by a 2024 law, according to a rulemaking order.

  • March 14, 2025

    Judge Refuses Bid For Injunction In CFPB Defunding Suit

    A Maryland federal judge on Friday denied the city of Baltimore's bid for a preliminary injunction barring the Trump administration from stripping away the Consumer Financial Protection Bureau's budget, unpersuaded that it has been targeted for defunding.

Expert Analysis

  • The Syria Sanctions Dilemma Facing Trump Administration

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    Parties looking to engage in transactions involving Syria will be watching the expiration of General License 24 in July, when the Trump administration will need to decide whether to make significant changes to the Syrian sanctions program and reconsider the de facto government's status as a foreign terrorist organization, says Charlie Lyons at Ferrari & Associates.

  • How Southern Calif. Fires Can Affect National, Local Pricing

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    The fire-related California state of emergency declared last month in Los Angeles and Ventura counties triggered laws around price-gouging and pricing restrictions that affect not just individuals and businesses in the state, but also nationwide, meaning sellers should be mindful of how price changes are discussed and rolled out, say attorneys at Proskauer.

  • Inside The Uncertainty Surrounding CFPB's Overdraft Rule

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    The Consumer Financial Protection Bureau's overhaul of overdraft fee regulation hangs in limbo as the industry watches to see whether new leadership will repeal the rule, allow it to stay in place, or wait for congressional action or the courts to drive its demise, say attorneys at Alston & Bird.

  • How Private Securities Suits Complement SEC Enforcement

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    U.S. Securities and Exchange Commission enforcement is vital to the healthy functioning of markets, but government enforcement alone is not enough to ensure meaningful monetary recoveries for investor losses due to securities law violations, say attorneys at Bernstein Litowitz.

  • The Case For Compliance During The Trump Administration

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    Given the Trump administration’s shifting white collar enforcement priorities, C-suite executives may have the natural instinct to pare back compliance initiatives, but there are several good reasons for companies to at least stay the course on their compliance programs, if not enhance them, say attorneys at Riley Safer.

  • Opinion

    Undoing An American Ideal Of Fairness

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    President Donald Trump’s orders attacking birthright citizenship, civil rights education, and diversity, equity and inclusion programs threaten hard-won constitutional civil rights protections and decades of efforts to undo bias in the law — undermining what Chief Justice Earl Warren called "our American ideal of fairness," says Reuben Guttman at Guttman Buschner.

  • Dispelling 10 Myths About Health Provider-Based Compliance

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    Congress appears intent on requiring hospitals to submit provider-based attestations for all off-campus outpatient hospital locations, so now is the time for hospitals to prepare for this change by understanding common misconceptions about provider-based status and proactively correct noncompliance, say attorneys at McDermott.

  • Employer Tips For Wise Use Of Workers' Biometrics And Tech

    Excerpt from Practical Guidance
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    Employers that collect employee biometric data and operate bring-your-own-device policies, which respectively offer better corporate security and more flexibility for workers, should prioritize certain best practices to protect the privacy and rights of employees and safeguard sensitive internal information, says Douglas Yang at Sheppard Mullin.

  • How Trump EPA Could Fix Carbon Combustion Residuals Rule

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    The Trump administration is likely targeting the recently adopted carbon combustion residual rule, especially since it imposes very stringent, detailed and expedited requirements on coal power plants — but even if the rule is not vacated entirely, there are measures that could greatly reduce its regulatory burden, says Stephen Jones at Post & Schell.

  • CFPB Small Biz Study Brings Fair Lending Considerations

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    The Consumer Financial Protection Bureau's recent report highlighting potential racial discrimination in small business lending may not result in more aggressive enforcement under the Trump administration — but lenders can expect state regulators, private plaintiffs and advocacy groups to step up their own efforts, say attorneys at Husch Blackwell.

  • Expect To Feel Aftershocks Of Chopra's CFPB Shake-Up

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    Publications released by Consumer Financial Protection Bureau personnel in the last days of the Biden administration outline former Director Rohit Chopra's long-term vision for aggressive state-level enforcement of federal consumer financial laws, opening the doors for states to launch investigations and pursue actions, say attorneys at Hudson Cook.

  • Corp. Transparency Act's Future Under Treasury's Bessent

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    The Corporate Transparency Act’s ultimate fate faced uncertain terms at the end of 2024, but new U.S. Department of the Treasury Secretary Scott Bessent's statements and actions so far demonstrate that he does not intend to ignore the law, though he may attempt to make modifications, say attorneys at Taylor English.

  • Unprecedented Firings And The EEOC's Shifting Agenda

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    While President Donald Trump's unprecedented firing of Democratic Equal Employment Opportunity Commission members put an end to the party's voting majority, the move raises legal issues, as well as considerations related to the EEOC's lack of a quorum and shifting regulatory priorities, says Ally Coll at the Purple Method.

  • How New SBA Rule May Affect Small Government Contractors

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    By limiting competition from larger entities, the Small Business Administration's recently published final rule may help some small government contractors, but these restrictions on set-aside work following a merger, acquisition or sale may also deter small businesses' long-term growth, say attorneys at Akerman.

  • Nippon Order Tests Gov't Control Over Foreign Investments

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    The U.S. government is primarily interested in restraining foreign transactions involving countries of concern, but former President Joe Biden’s January order blocking the merger of Nippon Steel and U.S. Steel shows that all foreign direct investments are under the federal government’s microscope, say attorneys at Blank Rome.

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