Compliance

  • May 21, 2024

    Calif. Justices Doubt App-Based Drivers' Prop 22 Challenge

    Several California Supreme Court justices pushed back Tuesday against arguments by ride-hailing drivers that the Proposition 22 ballot measure carving out certain app-based workers from a worker classification law unconstitutionally runs afoul of the Legislature's authority, with one justice saying their position could "freeze out" voter-approved initiatives.

  • May 21, 2024

    Banks Urged To Vote Out Exxon Leaders Who Sued Investors

    A group of state and city financial officials sent letters to some of the biggest banks and asset managers Tuesday urging them to vote against Exxon Mobil Corp.'s CEO and lead independent director at an upcoming annual meeting because of the company's lawsuit against a pair of environmentally minded activist investors.

  • May 21, 2024

    Bankrupt SVB Fights To Keep $1.9B Suit Against FDIC Alive

    The bankrupt former parent company of Silicon Valley Bank urged a California federal judge on Tuesday not to toss its suit against the Financial Deposit Insurance Corp. that seeks to get the deposit insurer to return $1.93 billion, saying the FDIC has not fulfilled its obligation to turn over the company's account funds.

  • May 21, 2024

    SEC Slams Ripple's Bid To 'Hide' Financial Info From Public

    The U.S. Securities and Exchange Commission is protesting Ripple Labs' bid to conceal certain financial information from the public as it fights the agency's attempt to impose a $2 billion penalty for unregistered cryptocurrency sales, arguing that the company's call for transparency in the case should extend to itself.

  • May 21, 2024

    Mich. Judge Doubts Abortion Laws Pass Constitutional Muster

    A Michigan state judge on Tuesday was skeptical state regulators could impose a waiting period and other requirements on people seeking abortions without violating a state constitutional amendment enshrining the right to abortion.

  • May 21, 2024

    SEC Fines KeyBank Broker-Dealer Over Reg BI Failures

    The U.S. Securities and Exchange Commission on Tuesday ordered Key Investment Services LLC to pay more than $200,000 for allegedly failing to address conflicts of interest with Regulation Best Interest.

  • May 21, 2024

    Nixing Green Energy Tax Perks Would Be Tough For Trump

    Former President Donald Trump has vowed to scrap Democrats' signature 2022 climate law should he get reelected in November, but following through on that campaign promise could prove difficult amid bipartisan support for many of the law's clean energy tax incentives and a potentially divided Congress.

  • May 21, 2024

    Apple Tees Up Bid To Toss DOJ IPhone Monopoly Suit

    Apple argued that it has the right to choose how it does business in a preview Tuesday of its upcoming explanations for why a New Jersey federal judge should dismiss the Justice Department lawsuit accusing the iPhone maker of restricting third-party app access to monopolize the smartphone market.

  • May 21, 2024

    Uniswap Warns SEC There's 'More To Lose' In Potential Suit

    The company behind decentralized finance platform Uniswap on Tuesday warned the U.S. Securities and Exchange Commission that the regulator "has more to lose than gain" from bringing an enforcement action against it since its proposed case implicates pending rulemaking and its authority to regulate transactions on crypto platforms.

  • May 21, 2024

    SEC Gives Ex-BF Borgers Clients Reporting Deadline Reprieve

    The U.S. Securities and Exchange Commission says it will give former clients of suspended auditor BF Borgers CPA PC more time to file their first-quarter financial statements in acknowledgment of issuers' need to scramble to find new accountants after the agency unveiled an enforcement action over the alleged "massive fraud" at the firm earlier this month.

  • May 21, 2024

    22 States Tell 11th Circ. Corp. Transparency Act Goes Too Far

    The federal Corporate Transparency Act unconstitutionally displaces state authority and its enforcement would economically harm states and their residents, attorneys general from 22 states told the Eleventh Circuit, urging it to uphold a ruling that struck down the law.

  • May 21, 2024

    Tuna Buyers Seeking $1B In July Price-Fixing Trial

    Tuna buyers who are taking StarKist, its parent company and a private investment firm that put money into Bumble Bee Foods to trial on allegations of conspiring to hike the price of the tinned fish will be asking for over $1 billion in damages once all is said and done.

  • May 21, 2024

    Ga. Says Feds Shouldn't Prevail In Medicaid Expansion Suit

    Georgia urged a federal judge on Monday not to rule in favor of the Biden administration in its suit attempting to keep its Medicaid program for low-income residents running until 2028, arguing the government has "no authority" to make it apply for a program extension when "illegal acts" delayed the program's launch.

  • May 21, 2024

    DC Circ. Won't Let Fla. Halt Wetlands Permits Decision

    The D.C. Circuit on Monday refused Florida's request to pause a lower court's ruling that stripped the state of its federally delegated authority to administer a Clean Water Act permitting program until its appeal is resolved, rejecting its argument that the decision is likely to be reversed.

  • May 21, 2024

    F1's Andretti Denial Stokes Collusion Fears On Capitol Hill

    Formula One's reluctance to add an American racing team to its championship drew a sideways glance from Capitol Hill on Tuesday, as a group of U.S. senators urged the Biden administration to probe F1's governance board for potential antitrust violations.

  • May 21, 2024

    Martha's Vineyard Pot Shop Battles State Transportation Rules

    A shuttered Martha's Vineyard cannabis dispensary said Tuesday that Massachusetts regulators are overreaching by banning the transport of marijuana over state territorial waters, arguing that the move has threatened permanent closure for the island's only retail location and a return to illicit sales during the impending summer vacation season.

  • May 21, 2024

    BASF Agrees To $316.5M Settlement In PFAS Foam MDL

    Attorneys representing public water systems in a South Carolina multidistrict litigation over so-called forever chemicals in drinking water announced Tuesday that they've reached an agreement in principle with defendant BASF Corp., which will pay $316.5 million to resolve the claims.

  • May 21, 2024

    Valero Brings $37M Refund Claim Over Fuel Credit, Crude Tax

    Energy company Valero is seeking $37 million in tax refunds for biomass fuel mixtures it said should've qualified for the alternative fuel tax credit and for claimed overpayments of crude tax, according to a complaint in Texas federal court.

  • May 21, 2024

    Coverage Recap: Day 16 Of Trump's NY Hush Money Trial

    Law360 reporters are providing live updates from the Manhattan criminal courthouse as Donald Trump goes on trial for allegedly falsifying business records related to hush money payments ahead of the 2016 election. Here's a recap from Tuesday, day 16 of the trial.

  • May 21, 2024

    DOJ, VW Ask 9th Circ. To Void Jones Day Docs Release Order

    The U.S. Department of Justice and Volkswagen have told the Ninth Circuit that forcing them to release confidential Volkswagen documents that were part of a Jones Day investigation into the automaker's 2015 emissions-cheating scandal would have far-reaching, chilling implications for federal criminal prosecutions.

  • May 21, 2024

    Strategic Hiring Was The New Normal For BigLaw In 2023

    The 400 largest law firms by headcount in the U.S. grew more slowly in 2023 than in the previous two years, while Kirkland & Ellis LLP surpassed the 3,000-attorney threshold, according to the latest Law360 ranking.

  • May 21, 2024

    The Law360 400: Tracking The Largest US Law Firms

    The legal market expanded more tentatively in 2023 than in previous years amid a slowdown in demand for legal services, especially in transactions, an area that has been sluggish but is expected to quicken in the near future.

  • May 21, 2024

    Georgia State Farm Office, Ex-Worker Settle Overtime Suit

    A State Farm franchise reached a settlement with a former insurance agent producer, putting to rest claims the company misclassified him as an overtime-exempt salaried worker, failing to pay him overtime wages in violation of the Fair Labor Standards Act.

  • May 21, 2024

    Trump Rests In NY Hush Money Trial, Declining To Testify

    Donald Trump rested his defense Tuesday in the Manhattan district attorney's criminal hush money case, closing out the testimony and setting the stage for deliberations next week after the former president opted not to take the witness stand.

  • May 21, 2024

    FCC Aims To Shut Down Scam Robocall Campaign

    The Federal Communications Commission is telling a Chicago-based voice service provider to immediately stop originating millions of illegal robocalls marketing purported debt consolidation or face sanctions.

Expert Analysis

  • Are Concessions In FDA's Lab-Developed Tests Rule Enough?

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    Although the U.S. Food and Drug Administration's new policy for laboratory-developed tests included major strategic concessions to help balance patient safety, access and diagnostic innovation, the new rule may well face significant legal challenges in court, say Dominick DiSabatino and Audrey Mercer at Sheppard Mullin.

  • 5 Climate Change Regulatory Issues Insurers Should Follow

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    The climate change landscape for insurers has changed dramatically recently — and not just because of the controversy over the U.S. Securities and Exchange Commission's climate-related risk disclosure rules, says Thomas Dawson at McDermott.

  • How New Rule Would Change CFIUS Enforcement Powers

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    Before the May 15 comment deadline, companies may want to weigh in on proposed regulatory changes to enforcement and mitigation tools at the disposal of the Committee on Foreign Investment in the United States, including broadened subpoena powers, difficult new mitigation timelines and higher maximum penalties, say attorneys at Venable.

  • What's Extraordinary About Challenges To SEC Climate Rule

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    A set of ideologically diverse legal challenges to the U.S. Securities and Exchange Commission's climate disclosure rule have been consolidated in the Eighth Circuit via a seldom-used lottery system, and the unpredictability of this process may drive agencies toward a more cautious future approach to rulemaking, say attorneys at Thompson Coburn.

  • 8 Questions To Ask Before Final CISA Breach Reporting Rule

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    The Cybersecurity and Infrastructure Security Agency’s recently proposed cyber incident reporting requirements for critical infrastructure entities represent the overall approach CISA will take in its final rule, so companies should be asking key compliance questions now and preparing for a more complicated reporting regime, say Arianna Evers and Shannon Mercer at WilmerHale.

  • Is The Digital Accessibility Storm Almost Over?

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    Though private businesses have faced a decadelong deluge of digital accessibility complaints in the absence of clear regulations or uniformity among the courts, attorneys at Epstein Becker address how recent federal courts’ pushback against serial Americans with Disabilities Act plaintiffs and the U.S. Department of Justice’s proposed government accessibility standards may presage a break in the downpour.

  • PE In The Crosshairs Of Public And Private Antitrust Enforcers

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    A series of decisions from a California federal court in the recently settled Packaged Seafood Products Antitrust Litigation, as well as heightened scrutiny from federal agencies, serve as a reminder that private equity firms may be exposed to liability for alleged anti-competitive conduct by their portfolio companies, say attorneys at Axinn.

  • Series

    Swimming Makes Me A Better Lawyer

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    Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.

  • Mid-2024 FCA Enforcement And Litigation Trends To Watch

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    Reviewing notable False Claims Act trends and enforcement efforts in the last year and a half reveals that healthcare is a key enforcement priority for the U.S. Department of Justice, and the road ahead may bring clarification on Anti-Kickback Statute causation and willfulness standards, along with increased focus on private equity, cybersecurity and self-disclosure, say attorneys at Epstein Becker.

  • Key Priorities In FDIC Report On Resolving Big Bank Failures

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    The Federal Deposit Insurance Corp.'s report last month on the resolvability of large financial institutions contains little new information, but it does reiterate key policy priorities, including the agency's desire to enhance loss-absorbing capacity through long-term debt requirements and preference for single-point-of-entry resolution strategies, say attorneys at Freshfields.

  • Justices' Title VII Ruling Requires Greater Employer Vigilance

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    The U.S. Supreme Court’s recent Muldrow v. St. Louis ruling expands the types of employment decisions that can be challenged under Title VII, so employers will need to carefully review decisions that affect a term, condition or privilege of employment, say attorneys at Morgan Lewis.

  • Opinion

    SEC Should Be Allowed To Equip Investors With Climate Info

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    The U.S. Securities and Exchange Commission's new rule to require more climate-related disclosures will provide investors with much-needed clarity, despite opponents' attempts to challenge the rule with misused legal arguments, say Sarah Goetz at Democracy Forward and Cynthia Hanawalt at Columbia University’s Sabin Center for Climate Change.

  • 8 Fla. Statutes That Construction Cos. Should Prepare For

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    In this article, Jason Lambert at Hill Ward discusses a number of recent bills out of the Florida Legislature targeting construction companies in the Sunshine State that have been sent to the governor for signature, at least some of which will have broad impacts that affected companies should prepare for ahead of the July 1 effective date.

  • Manufacturers Should Pay Attention To 'Right-To-Repair' Laws

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    Oregon’s recently passed "right-to-repair" statute highlights that the R2R movement is not going away, and that manufacturers of all kinds need to be paying attention to the evolving list of R2R statutes in various states and consider participating in the process, says Courtney Sarnow at Culhane.

  • Microplastics At The Crossroads Of Regulation And Litigation

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    Though there are currently not many federal regulations specifically addressing microplastics as pollutants, regulatory scrutiny and lawsuits asserting consumer protection claims are both on the rise, and manufacturers should take proactive steps to implement preventive measures accordingly, say Aliza Karetnick and Franco Corrado at Morgan Lewis.

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