Compliance

  • February 14, 2024

    Google Again Targets 'Strategic' Texas AGs' Ad Tech Delays

    Google is hoping a newly appointed special master can finally force a coalition of state attorneys general led by Texas to hand over "fundamental information" it said Tuesday has long been improperly withheld from one of three cases targeting its dominance over display advertising placement auction technology.

  • February 14, 2024

    Judge Keeps FCA Case Against Kaiser Permanente Alive

    A California federal judge on Wednesday kept alive key parts of a False Claims Act lawsuit brought by a former Kaiser Permanente compliance officer-turned-whistleblower alleging the large healthcare group schemed to defraud the federal government by inflating its Medicare capitation rates.

  • February 14, 2024

    FTC Seeks Info On 'Powerful Middlemen' Amid Drug Shortages

    The Department of Health and Human Services and the Federal Trade Commission announced Wednesday that they are seeking information on whether legal exemptions for "middlemen" in the generic pharmaceutical market are driving ongoing drug shortages.

  • February 14, 2024

    Energy Co. Says Tribal Court Being Used To Duck $12M Award

    Merit Energy Operations is asking a federal district court to block two Wyoming tribes from using the tribal judicial system to vacate a $12.6 million arbitration award against them, saying the move is a blatant attempt to escape the ultimate result in the case.

  • February 14, 2024

    Fla. Condo Says Chubb Unit Stalled On $7M Storm Claim

    A Florida Keys condominium has sued a Chubb unit over coverage related to $7.3 million worth of damage sustained during a 2017 hurricane, saying the company breached "industry standards" by dragging its feet on a claim and issued an amount less than what was needed for repairs.

  • February 14, 2024

    Defunct Nuke Plant Mishandled Asbestos, Mass. AG Says

    Asbestos-containing demolition debris from the decommissioning of the Pilgrim Nuclear Power Station in Massachusetts was repeatedly mishandled, including being transported in open-top dumpsters to an unapproved metal recycling facility, the state's attorney general alleged Wednesday in a civil complaint against the plant's current owner.

  • February 14, 2024

    SEC Says Bankruptcy Doesn't Stop Crowdfunding Fraud Case

    Securities regulators are urging a Michigan federal judge to allow them to press on with their claims against the alleged mastermind behind a $2 million crowdfunding scheme — who has since quietly changed his name and allegedly bilked his attorney — arguing that his recent bankruptcy filing shouldn't pause proceedings.

  • February 14, 2024

    NY Suggests LaPierre Owes Millions As NRA Trial Ends

    New York state attorneys on Wednesday scrutinized former National Rifle Association CEO Wayne LaPierre's testimony that he rectified all his improper spending by repaying $1 million to the gun group, pointing out that LaPierre racked up nearly $13 million in charges for private jet travel alone.

  • February 14, 2024

    Feds, Power Line Developer Decry Tribes' Suit As 'Too Late'

    The federal government and SunZia Transmission LLC, the developer of a 550-mile power line, urged an Arizona federal judge Tuesday to deny a request from tribes and conservations groups for a preliminary injunction halting the project's construction, saying they waited too long to make their challenge.

  • February 14, 2024

    Deputy AG Warns Of Harsher Penalties For Crimes Aided By AI

    Deputy Attorney General Lisa Monaco on Wednesday said the U.S. Department of Justice will seek harsher penalties for crimes committed with the aid of artificial intelligence, calling the technology a "double-edged sword" that can be exploited by criminals but utilized by prosecutors with the right controls in place.

  • February 14, 2024

    Glancy Prongay To Lead Wood Pellet Co. Dividend Suit

    Glancy Prongay & Murray LLP has been appointed lead counsel in an investor suit alleging wood pellet manufacturer Enviva misled investors about the financial health of the company and its ability to pay dividends.

  • February 14, 2024

    Juul Gets More Antitrust Claims To Arbitration

    A California federal judge has sent two more claims against Juul to arbitration and dismissed a request for an injunction to block Altria's already-unwound investment in the company.

  • February 14, 2024

    2nd Circ. Nixes LGBTQ Groups' Suit Against HHS Grant Policy

    The Second Circuit on Wednesday affirmed a trial court's dismissal of a suit by a group of LGBTQ advocacy organizations against the U.S. Department of Health and Human Services challenging a Trump-era notice that the agency wouldn't enforce a rule barring HHS grant recipients from discriminating.

  • February 14, 2024

    Ex-Cognizant Execs Fight Co.'s Bid To Shield Bribe Evidence

    Two former Cognizant executives have called on a New Jersey federal court to reject the company's attempt to shield evidence related to a purported bribe as the executives face a criminal trial over a separate bribery scheme.

  • February 14, 2024

    Gen Digital Says FCA Suit Award Was Raised $16M Too Far

    Gen Digital Inc. urged a D.C. federal judge Tuesday to reduce the $53 million judgment he recently increased from an initial $1.6 million award in a whistleblower False Claims Act case, saying he wrongly included some sales in his calculations.

  • February 14, 2024

    Insurer Wants Out Of Covering SC Club Shooting

    A Nationwide unit has told a South Carolina federal court it doesn't have to defend a nightclub operator against a former patron's negligence suit, arguing that an assault and battery exclusion in its liquor liability policy bars coverage for the claimant's shooting-related injuries.

  • February 13, 2024

    $19M Mortgage Relief Case Is 1st Calif. DFPI, FTC Joint Win

    The Federal Trade Commission and the California Department of Financial Protection and Innovation have secured a $19 million judgment against four individuals and their corporations for running a mortgage assistance relief services scam, the agencies announced Tuesday.

  • February 13, 2024

    Fluoride Can Harm Brain, EPA Scientist Says As Trial Wraps

    The government wrapped its defense Tuesday in a California federal bench trial over environmental groups' efforts to ban fluoride in America's drinking water, with the government's final witness acknowledging under cross-examination that fluoride is capable of causing "neurodevelopmental harm."

  • February 13, 2024

    9th Circ. Revives Challenge To Calif. Rent Control Law

    The Ninth Circuit on Tuesday revived a mobile home park owner's challenge of a California rent control law, saying it adequately pled standing based on a preenforcement injury because it could either raise rents and face an enforcement action or maintain rents and conform to a law that may not apply.

  • February 13, 2024

    PrizePicks Pays $15M To Settle NY Fantasy Sports Claims

    Daily fantasy sports operator PrizePicks has agreed to pay $14.9 million to settle allegations it offered fantasy sports contests to New York residents without a permit, the New York State Gaming Commission said Tuesday.

  • February 13, 2024

    Feds Want 'Free Pass' Out Of Climate Suit Trial, Youths Say

    Twenty-one plaintiffs suing to force the U.S. government to curb fossil fuel use and cut carbon emissions told the Ninth Circuit on Monday that the government's latest attempt to pause their lawsuit amounts to its shunning procedural rules and asking for "a free pass out of trial" not available to other people.

  • February 13, 2024

    BofA Unit Hit With Trader's Suit Over Alleged Spoofing

    A Bank of America unit faces a trader's proposed class action seeking to hold it liable for allegedly manipulating markets for U.S. Treasury futures and options after the firm paid a $24 million fine to the U.S. Financial Industry Regulatory Authority over the same alleged misconduct.

  • February 13, 2024

    FinCEN Eyes Enlisting Fund Managers In Illicit Finance Fight

    The Financial Crimes Enforcement Network moved Tuesday to expand federal anti-money laundering requirements to hedge fund managers, private equity firms and other so-called investment advisers, issuing a proposal that seeks to harden a multitrillion-dollar segment of the financial sector against exploitation by criminals.

  • February 13, 2024

    FCC Runs Into Reality Of Limited Power To Fight Deepfakes

    The Federal Communications Commission drew headlines last week when it declared that cloned voices fall under a federal ban on junk calls. But the ruling may not be as powerful as supporters would like, especially as campaign shenanigans heat up as election season draws near.

  • February 13, 2024

    Esquire Bank Faces Merchant Action Over Chargeback Fees

    Esquire Bank NA and a payment processing company face a proposed class action alleging they deceptively charged their merchant payment processing customers certain improperly high fees without appropriate disclosure.

Expert Analysis

  • What Cos. Can Learn From 2023 Export Enforcement Report

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    A January report summarizing key actions and policy changes undertaken at the Office of Export Enforcement in 2023 is a valuable indicator of future government priorities and the factors companies should consider as they conduct export operations amid what may be a turbulent international trading environment in 2024, says Thaddeus McBride at Bass Berry.

  • What EU And UK Corp. Corruption Reform Means For US Cos.

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    Legislative developments in the U.K. and European Union have signaled that the prosecution of fraud and corruption is becoming a greater priority, and large U.S. companies with a global presence should view them as an opportunity to create and revise their global compliance programs, say attorneys at DLA Piper.

  • How Consumer Product Cos. Can Keep Up With Class Actions

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    Recent cases show California's federal courts and the Ninth Circuit remain the preferred arena for consumers pursuing false advertising and trade deception claims against companies — so manufacturers, distributors and retailers of consumer products should continue to watch these courts for guidance on how to fight class actions, say attorneys at Dechert.

  • Series

    Competing In Triathlons Makes Me A Better Lawyer

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    While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.

  • Series

    In Focus At The EEOC: Preserving Legal System Access

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    The track records of and public commentary from U.S. Equal Employment Opportunity Commission leaders — including two recently confirmed Democratic appointees — can provide insight into how the agency may approach access to justice priorities, as identified in its latest strategic enforcement plan, says Aniko Schwarcz at Cohen Milstein.

  • What's In NY's Draft Guidance On AI Use In Insurance

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    Last week, the New York State Department of Financial Services released proposed guidance for insurers on the use of artificial intelligence systems and external consumer data and information sources for underwriting and pricing purposes, and these standards will likely help form the basis of an eventual nationwide insurance regulatory framework on AI, say attorneys at Sullivan & Cromwell.

  • Generative AI Model Evals: A Primer For Compliance Officers

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    A better understanding of evaluation and benchmarking practices for generative artificial intelligence can help compliance officers and other responsible AI practitioners identify associated risks and the degree to which mitigation might prove effective, say Collin Starkweather and Ekene Chuks-Okeke at Luminos.Law.

  • OCC Guidance May Lead Off 'Buy Now, Pay Later' Regulations

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    The Office of the Comptroller of the Currency's bulletin released last month to assist national and federal savings banks with managing the risks posed by "buy now, pay later" lending may be the start of increased state legislation or guidance specifically aimed at regulating such loans, say Susan Seaman and Jacob Huston at Husch Blackwell.

  • Notes Of Interest From 5th Circ. Illumina-Grail Merger Ruling

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    Attorneys at Simpson Thacher consider the Fifth Circuit's recent decision upholding the Federal Trade Commission's challenge of the Illumina merger with Grail, its much-needed boost to the Biden administration's antitrust agenda, and some silver linings the decision offers to merging parties.

  • NJ Foreclosure Law Will Have Multifaceted Impact On Lenders

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    New Jersey's A.B. 5664 introduces significant reforms to foreclosure proceedings in the state, potentially lessening the burden on lenders and servicers to maintain foreclosed properties, but also brings new limitations and time frames, say Christina Livorsi and Wael Amer at Day Pitney.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • GAO Decision Underscores Complexity Of '180-Day Rule'

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    The Government Accountability Office's ruling last month in Washington Business Dynamics, evaluating its eligibility for a small business set-aside contract, provides an important reminder for companies to stay vigilant of developments around the evolving "180-day rule" for submitting a proposal, say Stephen Ramaley and Adam Bartolanzo at Miles & Stockbridge.

  • Perspectives

    6 Practice Pointers For Pro Bono Immigration Practice

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    An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.

  • 5 Legal Considerations For Psychedelic Therapy Sector

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    With multiple developments signaling the rise of psychedelic-assisted psychotherapy, it is imperative that clinicians understand unique legal nuances ranging from corporate formation to specialized insurance coverage, say Kimberly Chew and Natasha Sumner at Husch Blackwell.

  • Lessons From Country Singer's Personal Service Saga

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    Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.

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