Compliance

  • May 20, 2024

    China Sanctions 3 US Firms For Arms Sales To Taiwan

    The Chinese Government has sanctioned units of Boeing, General Atomics and General Dynamics over the companies' sales of weapons to Taiwan, barring the companies from trade or investment in China, citing alleged threats to its sovereignty.

  • May 20, 2024

    DC Says Vegas Hotels' Win Doesn't Negate RealPage Suit

    The District of Columbia has urged the D.C. Superior Court to not use a federal judge's recent decision in an antitrust case as the basis for dismissing its claims against two real estate companies embroiled in a larger price-fixing suit against software company RealPage Inc.

  • May 20, 2024

    6th Circ. Orders Sanctioned Prison Co. To Pay NLRB Atty Fees

    The Sixth Circuit said a Federal Bureau of Prisons contractor has to pay the U.S. National Labor Relations Board's attorney fees from arguing the contractor should be held in contempt in a dispute over two fired union supporters, with one judge dissenting in part over 0.4 billable hour.

  • May 20, 2024

    FDIC's Gruenberg To Resign In Workplace Report Aftermath

    Federal Deposit Insurance Corp. Chairman Martin Gruenberg committed Monday to resigning from his post amid continuing fallout from his agency's toxic workplace scandal, bending to mounting pressure for his exit.

  • May 17, 2024

    Real Estate Authority: Loan Doctors, CFIUS, Mixed-Use Boom

    Catch up on the week's key developments by state from Law360 Real Estate Authority — including potential conflicts of interest in special servicing, a data center buy stymied by the Committee on Foreign Investment in the United States, and one hospitality pro's prediction for more mixed-use residential and hotel demand.

  • May 17, 2024

    Meet The Attys Fighting Efforts To Ban TikTok

    Facing a potential federal ban, TikTok and creators on the platform have tapped a bevy of BigLaw heavyweights, including attorneys who have successfully led challenges to prior moves to shut down the popular social media platform and limit children's online activities, as well as a pair of litigators who've argued dozens of cases before the U.S. Supreme Court. 

  • May 17, 2024

    Apple OK'd New App Fees Despite Antitrust Ruling

    An Apple Inc. executive conceded during a high-stakes antitrust hearing Friday over Apple's compliance with a court-ordered ban on App Store anti-steering rules that executives decided to implement a new 27% fee on out-of-app transactions despite knowing a jury had recently found that similar Google fees violated antitrust laws.

  • May 17, 2024

    Crypto Cos. Take SEC Cases To The Court Of Public Sentiment

    Mounting tension between the U.S. Securities and Exchange Commission and the cryptocurrency industry has led companies dealing in digital assets to toss the long-held practice of keeping notices of potential enforcement quiet and wear them as a badge of honor in the hopes of currying public favor.

  • May 17, 2024

    Judge Reluctantly Dismisses FirstEnergy Shareholder Suit

    An Ohio federal judge said Friday that he had no other choice but to dismiss a shareholder lawsuit filed against scandal-plagued utility FirstEnergy Corp., though his reluctance to do so was underscored by a lament that a $180 million settlement brokered in another courtroom left a "shroud of darkness" over a $1 billion bribery scandal. 

  • May 17, 2024

    T-Mobile Must Face Sprint Merger Suit Before Appealing

    The Seventh Circuit summarily rejected T-Mobile's move for interlocutory appeal in a proposed consumer class action targeting the company's 2020 merger with Sprint, allowing the case to advance to discovery after the district court denied T-Mobile's motion to dismiss in the fall.

  • May 17, 2024

    Kohl's Directors' Aversion To Sale Was Self-Serving, Suit Says

    A Kohl's shareholder has hit the retailer's brass with a derivative suit alleging they covered up the results of a disastrous shift in business strategy and takeover offers, all in a bid to protect their own positions.

  • May 17, 2024

    Home Distillers Tell Feds Ban Fails Under Spirit Of The Law

    The Hobby Distillers Association said the federal government is exceeding its constitutional powers and treading on states' rights by banning homemade liquor under its taxing authority, as the group laid out its position Friday at the request of a Texas federal judge.

  • May 17, 2024

    Crypto Firms Back FIT 21 Legislation Ahead Of House Vote

    The advocacy group Crypto Council for Innovation gathered 60 industry signatories for a Friday letter to House leaders expressing support for an anticipated vote on a framework to regulate digital assets.

  • May 17, 2024

    Feds Seek 10 Years In First Product Safety Conviction

    The government is asking for a pair of 10-year prison sentences for two Gree USA Inc. executives convicted of failing to report defective humidifiers, after the two were found guilty of conspiracy to defraud the U.S. Consumer Product Safety Commission.

  • May 17, 2024

    Chicago Wants Climate Deception Claims Back In State Court

    The city of Chicago says it should be in state court hashing out climate change deception claims against several of the nation's largest oil producers because the companies lodged "objectively baseless" arguments to remove its case to federal court.

  • May 17, 2024

    Feds Say Crypto Scammer Gave Nod To 'Seinfeld' Gag

    The lie that the character George Costanza told on "Seinfeld" appears to have inspired a New York City fraudster, as federal prosecutors announced Friday that a Brooklyn man admitted to running a million-dollar crypto and real estate scam in part through a phony company called Vandelay Contracting Corp.

  • May 17, 2024

    Koch-Tied Group Says Transparency Law Offends Federalism

    The Corporate Transparency Act is unconstitutional because it does not regulate interstate commerce yet mandates that state-registered entities disclose personal information, a conservative group affiliated with the billionaire Koch brothers told the Eleventh Circuit on Friday.

  • May 17, 2024

    Employment Authority: Workers Take Aim At Pregnancy Bias

    Law360 Employment Authority covers the biggest employment cases and trends. Catch up this week with coverage on the substantial stack of charges the U.S. Equal Employment Opportunity Commission fielded last year brought under a new law that grants accommodations to pregnant employees, the Biden administration's rush to wrap up rulemaking to dodge potential Republican opposition, and why experts think United Auto Workers' upcoming union talks with Volkswagen present unique challenges.

  • May 17, 2024

    Las Vegas Sun Wants Day In Court Against Review-Journal

    The Las Vegas Sun asked a Nevada federal judge Thursday to schedule trial in its antitrust suit against the Las Vegas Review-Journal, arguing the larger paper and soured distribution partner cannot be allowed to continue running out the clock in an effort to put the Sun out of business.

  • May 17, 2024

    New Domestic Content Guidance May Boost Energy Credits

    The U.S. Treasury Department's new guidance on bonus tax credits for clean energy projects that source domestic-made materials and components aims to simplify the process for determining eligibility and spur more development to get those extra incentives.

  • May 17, 2024

    Chancery Rulings Stir Up Del. Corporate Bar Push-Back

    Intrigue surrounding closed-door talks on amendments to Delaware's General Corporation Law picked up in recent days, bringing greater scrutiny to an often sedate effort stirred up this year by a draft proposal seen as potentially removing some corporate policing powers traditionally given to the state's courts.

  • May 17, 2024

    Google Says Payment Means No Need For DOJ Ad Tech Jury

    Google is arguing in Virginia federal court the government has no right to a jury trial in a case accusing the company of monopolizing key digital advertising technology, especially after Google issued a check for the money enforcers could be awarded if they won.

  • May 17, 2024

    DC Circ. Won't Immediately Block EPA Power Plant GHG Rule

    The U.S. Environmental Protection Agency is clear to implement its new greenhouse gas emissions rule for power plants — at least for now — after the D.C. Circuit on Friday rejected an effort to temporarily block it.

  • May 17, 2024

    Industry Emboldened After Justices Galvanize Agency Attacks

    In the year since the U.S. Supreme Court said "extraordinary" and "far-reaching" attacks on administrative enforcers can skip agency tribunals and go straight to federal district court, ambitious challenges to regulatory powers are rapidly gaining traction, and the high court is poised to put them on an even firmer footing.

  • May 17, 2024

    McDermott Adds Dechert Blockchain Ace In Calif. Offices

    McDermott Will & Emery LLP is growing its transactions team, announcing Friday it is bringing in a Dechert LLP blockchain and digital assets expert as a partner in its Orange County and Silicon Valley offices.

Expert Analysis

  • How Cos. Can Protect IP In Light Of FTC Noncompete Rule

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    While several groups are challenging the Federal Trade Commission’s recently approved rule banning noncompetition agreements, employers should begin planning other ways to protect their valuable trade secrets, confidential information and other intellectual property, says Thomas Duston at Marshall Gerstein.

  • FDIC Bank Disclosure Rules Raise Important Questions

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    The Federal Deposit Insurance Corp.'s new rules mandating disclosures for nonbanks offering deposit products leave traditional financial institutions in a no-man's land between fintech-oriented requirements and the reality of personal service demanded by customers, say Paul Clark and Casey Jennings at Seward & Kissel.

  • Understanding The IRC's Excessive Refund Claim Penalty

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    Taxpayers considering protective refund claims pending resolution of major questions in tax cases like Moore v. U.S., which is pending before the U.S. Supreme Court, should understand how doing so may also leave them vulnerable to an excessive refund claim penalty under Internal Revenue Code Section 6676, say attorneys at McDermott.

  • Recent Wave Of SEC No-Action Denials May Be Slowing

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    The U.S. Securities and Exchange Commission in March granted no-action relief to Verizon and others on the grounds that a director resignation bylaw proposal would mean violating Delaware law, bucking recent SEC hesitation toward such relief and showing that articulating a basis in state law is a viable path to exclude a proposal, say attorneys at Winston & Strawn.

  • PE-Healthcare Mergers Should Prepare For Challenges

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    State and federal regulators are increasingly imposing new requirements on healthcare transactions involving private equity partners, with mergers that would have drawn little scrutiny a few years ago now requiring a multijurisdictional risk analysis during the deal formation process, say attorneys at Stinson.

  • Don't Use The Same Template For Every Client Alert

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    As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.

  • Drafting Calif. Cannabis Management Services Agreements

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    Meital Manzuri and Alexis Lazzeri at Manzuri Law explore the ways in which management services agreements function in the California commercial cannabis industry, and highlight a few specific terms and conditions that are crucial when drafting these agreements.

  • Takeaways From FDIC's Spring Supervisory Highlights

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    The Federal Deposit Insurance Corp.'s spring 2024 consumer compliance supervisory report found that relatively few institutions had significant consumer compliance issues last year, but the common thread among those that did were inadequacies or failures in disclosures to consumers, says Matthew Hanaghan at Nutter.

  • Online Portal Helps Fortify Feds' Unfair Health Practices Fight

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    The Federal Trade Commission, U.S. Justice Department and the U.S. Department of Health and Human Services recently launched an online portal where the public can report potentially unfair healthcare practices, effectively maximizing enforcers' abilities to police anti-competitive actions that can drive up healthcare costs and chill innovation, say attorneys at Seyfarth.

  • What To Expect From The DOL's Final Overtime Rule

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    The U.S. Department of Labor's final overtime rule dramatically increases the salary threshold for white collar workers to be exempt from overtime under the Fair Labor Standards Act, so employers should prioritize identifying the potentially affected positions and strategically consider next steps, say Leslie Selig Byrd and Deryck Van Alstyne at Bracewell.

  • 10b-5 Litigation Questions Follow Justices' Macquarie Ruling

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    Last month, the U.S. Supreme Court held in Macquarie v. Moab that pure omissions are not actionable under U.S. Securities and Exchange Commission Rule 10b–5(b), creating a slightly higher bar for plaintiffs and setting the stage for further litigation over several issues, say Steve Quinlivan and Sean Colligan at Stinson.

  • Series

    Walking With My Dog Makes Me A Better Lawyer

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    Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.

  • Employer Considerations Before Title IX Rule Goes Into Effect

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    While the U.S. Department of Education's final rule on Title IX is currently published as an unofficial version, institutions and counsel should take immediate action to ensure they are prepared for the new requirements, including protections for LGBTQ+ and pregnant students and employees, before it takes effect in August, say Jeffrey Weimer and Cori Smith at Reed Smith.

  • Expect Tougher Bank Exams 1 Year After Spring 2023 Failures

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    With federal banking agencies still implementing harsher examinations with swifter escalations a year after the spring 2023 bank failures, banks can gain insight into changing expectations by monitoring how the Federal Reserve Board, Office of the Comptroller of Currency and Federal Deposit Insurance Corp. are coordinating and updating their exam policies, say attorneys at Debevoise.

  • Could 'General Average' Apply To The Key Bridge Crash?

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    While the owner and operator of the vessel that struck Baltimore's Francis Scott Key Bridge have sought legal protection under the Limitation of Liability Act, they could choose to invoke the long-standing principle of general average, if supported by the facts of the crash and the terms of their contracts with cargo owners, says Julie Maurer at Husch Blackwell.

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