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Compliance

  • June 16, 2025

    SEC Calls For Trial In SolarWinds Data Breach Suit

    The U.S. Securities and Exchange Commission is urging a New York federal judge to send its novel case against software developer SolarWinds Corp. to trial, arguing that the company hid its "pervasively poor cybersecurity practices" from investors ahead of a massive data breach that affected government and corporate clients.

  • June 16, 2025

    China Mobile Won't Give Up Info In Federal Probe, FCC Says

    China Mobile has failed to fully cooperate with an investigation of whether the company is violating restrictions on its U.S. operations and could soon be fined more than $25,000 per day if the situation continues, the Federal Communications Commission said Monday.

  • June 16, 2025

    Ohio Tells 6th Circ. PBM Case Doesn't Target Federal Work

    Ohio urged the Sixth Circuit to send its case accusing Express Scripts and Prime Therapeutics of driving up prescription drug prices through rebate schemes back to state court, arguing the case doesn't target any federal government work by the pharmacy benefit managers.

  • June 16, 2025

    Opendoor Investors Score $39M Deal In Hyped Algorithm Suit

    Real estate firm Opendoor Technologies Inc. has agreed to pay $39 million as part of an investor settlement presented to an Arizona federal court for preliminary approval to resolve litigation accusing the company of overhyping its pricing algorithm software.

  • June 16, 2025

    Rural Broadband Cos. Say Scalability, Cost Key To Buildout

    Rural network providers are happy about some of the changes the U.S. Department of Commerce is making to the multibillion-dollar broadband deployment program BEAD, but say they also think the government should turn a keen eye toward making sure projects are scalable and cost-efficient.

  • June 16, 2025

    Shell Loses Bid To Halt Suit Over Oil Terminal's Pollution Plan

    Two Shell Oil Co. subsidiaries cannot halt discovery in an environmental group's challenge to pollution control efforts at a New Haven petroleum terminal based on their interpretations of a state agency's draft permit, a Connecticut federal judge has ruled.

  • June 16, 2025

    6th Circ. Denies Mich. Gov.'s Rehearing Bid In Pipeline Suit

    A three-judge panel of the Sixth Circuit on Monday rejected a request for a rehearing from Michigan Gov. Gretchen Whitmer, who had asked the appellate court to reconsider its earlier decision that she didn't have sovereign immunity from Enbridge Energy's lawsuit seeking to halt her efforts to shut down the Line 5 pipeline.

  • June 16, 2025

    Network Co. Sues Feds For $274M In 'Rip and Replace' Costs

    A Florida-based communications company is claiming that it was improperly denied reimbursement for replacing Chinese-made equipment from its network as part of the Federal Communications Commission's "Rip and Replace" program.

  • June 16, 2025

    NRC Commissioner Says Trump Illegally Fired Him

    Former U.S. Nuclear Regulatory Commission chairman and current commissioner Christopher Hanson said Monday that President Donald Trump illegally fired him on Friday, becoming the latest member of an independent agency removed by the president.

  • June 16, 2025

    Crypto Platform Tron Eyes Public Listing Via Reverse Merger

    China-based cryptocurrency platform Tron plans to go public through a reverse merger with Nasdaq-listed toy manufacturer SRM Entertainment Inc., both parties announced on Monday, supported by a $100 million investment arranged by a bank linked to President Donald Trump's family.

  • June 16, 2025

    High Court Will Hear Chevron, Exxon Pollution Liability Case

    The U.S. Supreme Court agreed Monday to determine whether federal or state courts are the proper venue for Louisiana's bid to hold Chevron, Exxon Mobil and other major oil companies liable for damages to the state's coastal lands that were allegedly caused by World War II-era oil production activities.

  • June 16, 2025

    Feds Say U-Visa Seekers' Class Action Is Moot

    U.S. Citizenship and Immigration Services urged a judge not to certify a class claiming unreasonable delays in processing visas for immigrant victims of crime, saying the named plaintiffs' applications for work authorization have already been resolved.

  • June 16, 2025

    Hemp Farm Says $3.9M Seizure Suit Wasn't Filed Too Late

    A California hemp farm is urging a Tennessee federal court not to throw out its suit as untimely against a Tennessee sheriff's office over $3.9 million in hemp flower the farm claimed was wrongly seized and then destroyed, saying it only learned that the hemp was illegally seized at a hearing for the hemp deliveryman months afterward.

  • June 16, 2025

    King & Spalding Adds HHS Inspector General's Chief Counsel

    An attorney who has spent his entire career with Office of Inspector General for the U.S. Department of Health and Human Services, serving most recently as its chief counsel, has joined King & Spalding LLP's healthcare team in Washington, D.C., the firm announced on Monday.

  • June 16, 2025

    Microcaptive Seller Agrees To Pay IRS Promoter Penalties

    A California-based insurance provider agreed to pay the Internal Revenue Service penalties for setting up microcaptive policies between 2005 and 2012 that the U.S. Tax Court had ruled in 2019 were insurance arrangements that did not deserve a favorable tax treatment, the IRS announced Monday. 

  • June 13, 2025

    Vought's ÃÛÌÒÊÓÆµ Finds Industry Fans In Rule Repeal Effort

    Financial industry groups are lining up behind the Consumer Financial Protection Bureau's push to scrap a trio of Biden-era policies that they say overexpanded its supervisory and enforcement toolkit, urging on the agency's newfound deregulatory zeal.

  • June 13, 2025

    Judge Upholds Dallas Ordinance Limiting Adult Biz Hours

    A Texas federal judge upheld a Dallas ordinance requiring sexually oriented businesses to close for four early morning hours as a bid to reduce crime, shooting down a trade association and adult businesses' attempt to cast doubt on the city's rationale for the measure.

  • June 13, 2025

    Vt., Minn. Move To Boost Social Media Protections For Kids

    Vermont has become the latest state to enact legislation to require social media providers to bolster data privacy and safety protections for children, while Minnesota lawmakers sent to the governor's desk a first-of-its-kind bill to require mental health warning labels on these platforms.

  • June 13, 2025

    9th Circ. Allows ConocoPhillips Project To Proceed, For Now

    The Ninth Circuit on Friday held that the U.S. Bureau of Land Management must reconsider a small part of its approval for the controversial ConocoPhillips Willow oil and gas project, though it stopped short of vacating existing approvals for the Arctic energy development and allowed the project to proceed.

  • June 13, 2025

    Trump Clears US Steel Merger With Japan's Nippon

    President Donald Trump has approved the long-delayed deal between U.S. Steel and Japan's Nippon Steel, the companies said Friday, following a protracted, 18-month saga that included a block of the transaction by President Joe Biden.

  • June 13, 2025

    State Dept. Layoffs Still Violate Injunction, Judge Says

    A California federal judge said Friday that planned staff reductions at the State Department would violate her injunction blocking President Donald Trump's executive order directing layoffs at federal agencies, saying she's not persuaded by the government's assertion that the department's reorganization was underway before the order.

  • June 13, 2025

    Social Media Addiction MDL Judge Picks Bellwether Trial Pool

    A California federal judge on Friday narrowed the pool of cases set for the first bellwether trials in sprawling multidistrict litigation by school districts and personal injury plaintiffs over claims social media is addictive, choosing six bellwether school districts in Maryland, Georgia, Kentucky, New Jersey, South Carolina and Arizona.

  • June 13, 2025

    Luxury Hotels Reject Latest Room Rate-Fixing Claims

    Hotel chains and their "benchmarking" software provider are telling an Illinois federal judge that the latest version of a proposed price-fixing class action is no better than the one that got dismissed in March, and that the plaintiff still hasn't alleged that the hotel groups ever communicated with each other.

  • June 13, 2025

    Real Estate Recap: Builders' Hack, Korean Mezz, Hotel Angst

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including an inside look at California's Builder's Remedy, aggressive moves by South Korean mezzanine lenders, and why one BigLaw hospitality leader says hotels are "scared to death." 

  • June 13, 2025

    DOJ Says Google Still Won't Turn Over Ad Tech Breakup Docs

    The U.S. Department of Justice on Friday told the Virginia federal court overseeing its ad tech monopolization case against Google that the search giant is still withholding documents analyzing a potential breakup of its ad tech business despite an order last month requiring it to produce the material. 

Expert Analysis

  • The State Of Play For Bank Merger Act Applications

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    Both the Office of the Comptroller of the Currency's recent reversal of changes to its bank merger policies and the Federal Deposit Insurance Corp.'s rescission of its 2024 statement may be relevant for all banks considering a transaction, as responsibility for review depends on the identity of the parties and the transaction structure, say attorneys at Davis Polk.

  • Del. Corporate Law Rework May Not Stem M&A Challenges

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    While Delaware's S.B. 21 introduced significant changes regarding controllers and conflicted transactions by limiting what counts as a controlling stake and improving safe harbors, which would seem to narrow the opportunities to challenge a transaction as conflicted, plaintiffs bringing shareholder derivative claims may merely become more resourceful in asserting them, say attorneys at Debevoise.

  • State AGs' Focus On Single-Firm Conduct Is Gaining Traction

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    Despite changes in administration, both federal antitrust agencies and state attorneys general have shown a trending interest in prosecuting monopolization cases involving single-firm conduct, with federal and state legislative initiatives encouraging and assisting states’ aggressive posture, says Steve Vieux at Bartko Pavia.

  • What Parity Rule Freeze Means For Plan Sponsors

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    In light of a District of Columbia federal court’s recent decision to stay litigation challenging a Mental Health Parity and Addiction Equity Act final rule, as well as federal agencies' subsequent decision to hold off on enforcement, attorneys at Morgan Lewis discuss the statute’s evolution and what plan sponsors and participants can expect going forward.

  • Max Pressure On Iran May Raise Secondary Sanctions Risk

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    New sanctions designations announced June 6 are the latest in a slew of actions the administration has taken to put pressure on Iran’s military programs and petroleum exports that will likely increase non-U.S. businesses’ secondary sanctions risk, says John Sandage at Berliner Corcoran.

  • Platforms Face Section 230 Shift From Take It Down Act

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    The federal Take It Down Act, signed into law last month, aims to combat deepfake pornography with criminal penalties for individual wrongdoers, but the notice and takedown provisions change the broad protections provided by Section 230 of the Communications Decency Act in ways that directly affect platform providers, say attorneys at Troutman.

  • 4 Midyear Employer Actions To Reinforce Compliance

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    The legal and political landscape surrounding what the government describes as unlawful diversity, equity and inclusion initiatives has become increasingly complex over the past six months, and the midyear juncture presents a strategic opportunity to reinforce commitments to legal integrity, workplace equity and long-term operational resilience, say attorneys at Krevolin & Horst.

  • Synopsys-Ansys Merger Augurs FTC's Return To Remedies

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    The Federal Trade Commission's recent approval of $35 billion merger between Synopsys and Ansys, subject to the divestiture of certain assets, signals a renewed preference for settlements over litigation, if the former can preserve competition and a robust structural remedy is available, say attorneys at Simpson Thacher.

  • ÃÛÌÒÊÓÆµ's Guidance Withdrawal Deepens Industry Uncertainty

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    Following the Consumer Financial Protection Bureau's recent withdrawal of dozens of guidance documents in a post-Chevron world, financial services providers are left to make their own determinations about the complex issues addressed in the now-revoked materials, presenting a significant compliance burden, say attorneys at Bradley Arant.

  • Justices Widen Gap Between Federal, Calif. Enviro Reviews

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    While the U.S. Supreme Court's recent opinion in Seven County Infrastructure Coalition v. Eagle County, Colorado, narrowed the scope of National Environmental Policy Act reviews, it may have broadened the gulf between reviews conducted under NEPA and those under the California Environmental Quality Act, say attorneys at Hanson Bridgett.

  • In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable

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    The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.

  • SEC Signals Opening For Private Fund Investment Reform

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    At SEC Speaks in late May, the U.S. Securities and Exchange Commission made clear that it's considering allowing registered funds of private funds to be offered broadly to true retail investors, meaning existing funds should review their disclosures focusing on conflicts of interest, liquidity and fees, say attorneys at Stradley Ronon.

  • Parsing A Lack Of Antitrust Info-Sharing Enforcement Clarity

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    Information sharing among competing firms has recently faced dramatic changes in antitrust agency guidance, while courts grapple with the permissible scope of pricing algorithms, leaving companies in limbo, but potential Trump administration changes could offer some reprieve, say attorneys at Axinn.

  • What FCA Liability Looks Like In The Cybersecurity Realm

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    ​Two recent settlements highlight how whistleblowers and the U.S. Department of Justice have been utilizing the False Claims Act to allege fraud predicated on violations of cybersecurity standards — timely lessons given new bipartisan legislation introducing potential FCA liability for artificial intelligence use, say​ attorneys Rachel Rose and Julie Bracker.

  • Foreign Sovereign Entities Should Heed 9th Circ. IP Ruling

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    After the Ninth Circuit recently held that four Chinese state-controlled companies were not immune from criminal indictment for alleged economic espionage, foreign sovereign-controlled entities should assess whether their operations and affiliation with their parent states qualify for sovereign immunity under the common law, say attorneys at Cleary.

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