Compliance: Page 2


  • NLRB, captive-audience meeting,
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    NanoStockk via Getty Images
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    Don’t try to wait out Trump change to NLRB captive-audience ban, attorneys say

    One attorney advises clients not to risk being the test case for the NLRB’s new prohibition, regardless of how long the ban ultimately lasts.

    By David Weisenfeld • Nov. 22, 2024
  • Data privacy, cyber insurance
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    Khaosai Wongnatthakan via Getty Images
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    Opinion

    Bridging cyber insurance and data privacy

    As privacy class actions triple in costs and cyber insurance premiums climb, legal teams must revise their organization’s incident response plans, strengthen vendor oversight and align data governance with stricter underwriting requirements.

    By Camilo Artiga-Purcell • Nov. 21, 2024
  • gary gensler
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    Drew Angerer via Getty Images
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    SEC’s Gensler to step down Jan. 20 after robust rulemaking, enforcement

    The SEC, in one of its most far-reaching changes under Gensler, adopted rules last year aimed at channeling more trading of Treasury securities into central clearinghouses and curbing the risk of illiquidity.

    By Jim Tyson • Nov. 21, 2024
  • The front facade of a courthouse is shown, bearing the words "John Minor Wisdom United States Court of Appeals Building Fifth Circuit"
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    Rex_Wholster via Getty Images
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    Procedural disputes headline Amazon, SpaceX 5th Circuit case against NLRB

    The two companies argued that the labor board’s structure is unconstitutional and that they were deprived of their right to a jury trial.

    By Ryan Golden • Nov. 21, 2024
  • Yellow, orange and white paper airplanes head toward an orange umbrella
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    Creative via Getty Images
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    How the role of chief risk officer at banks is evolving

    Bank failures last year forced CROs to take on higher corporate profiles and sharpen their skill sets.

    By Caitlin Mullen • Nov. 19, 2024
  • annual shareholder meeting, Olshan Frome Wolosky
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    skynesher via Getty Images
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    Opinion

    Strategies for shareholders to compel annual meetings in jurisdictions outside of Delaware

    Many states can lack clear precedent regarding enforcement of shareholders’ right to a meeting. Counsel can provide guidance by evaluating their state’s procedural vehicles, the ripeness of the case and the scope of relief available.

    By Thomas J. Fleming and Jacqueline Y. Ma • Nov. 15, 2024
  • Jay Clayton, SDNY, SEC
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    Chip Somodevilla via Getty Images
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    Trump SDNY pick Clayton led SEC effort to ease IPO rules

    The incoming administration says it wants former SEC Chair Jay Clayton to head the U.S. attorney's office in the Southern District of New York, installing someone regarded as a steady hand.

    By Nov. 15, 2024
  • federal regulation rules
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    Tasos Katopodis via Getty Images
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    The legal pathways for Biden-era rules facing a Trump takedown

    With the Trump administration expected to undo much of its predecessor’s agency-level regulation, here’s a look at how federal rules may play out in the transition.

    By Nov. 15, 2024
  • A glass building with a sign reading "Fannie Mae."
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    Courtesy of Fannie Mae
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    Fannie Mae investigates potential multifamily mortgage fraud

    The government-sponsored enterprise admitted in its Q3 report that it had experienced financial losses due to loan misrepresentation.

    By Mary Salmonsen • Nov. 14, 2024
  • FTC, noncompete ban, Greg Care
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    Chip Somodevilla via Getty Images
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    FTC noncompete ban likely dead under Trump

    The president-elect is known to be a user of NDAs that function as noncompetes, and the accounting firm behind the successful court challenge to the ban is a Trump tax adviser.

    By Nov. 8, 2024
  • Sign on doorway for the Federal Trade Commission in Washington, D.C.
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    LD via Getty Images
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    Which rule is ‘dead’ and which will go into effect under Trump? Attorneys weigh in.

    Three Cozen O’Connor attorneys discuss which widely-watched Biden administration rule is likely to survive — and what’s likely to go nowhere.

    By Emilie Shumway • Nov. 6, 2024
  • FLSA, Carrera, EMD, SCOTUS
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    Michail_Petrov-96 via Getty Images
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    Justices weigh FLSA overtime exemption burden of proof

    A number of federal laws use a preponderance of evidence standard and so should the Fair Labor Standards Act, says the attorney representing the employer in the case.   

    By David Weisenfeld • Nov. 6, 2024
  • DOJ
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    Meyer & Meyer via Getty Images
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    DOJ has received 200 tips since launching whistleblower program

    Self-disclosures have picked up, too, doubling since 2021, as part of the agency’s broader corporate accountability push, an agency official reports.

    By Nov. 4, 2024
  • Purdue, opioids, Elise Bernlohr Maizel
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    Drew Angerer / Staff via Getty Images
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    Zealous advocacy? No, call it lawyer betrayal instead, professor says

    Corporate obedience to the law is mandatory, which means aggressive lawyering that aids misconduct should be reframed as client betrayal, a Michigan State law professor argues.

    By Nov. 1, 2024
  • Senator Elizabeth Warren holds out her hand as she speaks. In front of her a placard reads "Ms. Warren."
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    Michael A. McCoy / Stringer via Getty Images
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    Warren blasts DOJ over TD settlement

    Penalties imposed fell short and prosecutors’ “legal gymnastics” allowed the bank’s “reckless leadership” to skirt responsibility, the Democrat said.

    By Caitlin Mullen • Oct. 31, 2024
  • A person holds a smartphone with a product review icon on a website page.
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    ChadaYui via Getty Images
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    How to navigate new FTC rules banning fake and incentivized reviews

    Implementing new policies and training while monitoring outside partners can help operators stay compliant, according to industry experts.

    By Leslie Shaver • Oct. 30, 2024
  • SEC regulation securities laws
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    Hapabapa via Getty Images
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    Q&A

    This lawyer stays close to SEC rules, both as in-house and outside counsel

    Investment law specialist Courtney Posner has worked in-house for investment funds and large firms, with a close eye on securities regulators in both roles.

    By Oct. 30, 2024
  • Boeing 737 Max please agreement Justice Department
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    Stephen Brashear via Getty Images
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    Boeing monitor will be chosen only on merit, DOJ tells court

    Responding to a judge’s DEI query, DOJ and Boeing say their compliance monitor selection will be based on qualifications, and not status in a protected class.

    By Oct. 29, 2024
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    Chip Somodevilla via Getty Images
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    SEC slaps $4M fine on WisdomTree over greenwashing

    The Securities and Exchange Commission is fining the New York-based asset manager for falsely advertising the investment strategy of three funds to have considered ESG factors.

    By Zoya Mirza • Oct. 24, 2024
  • Green and white signage on the exterior of a building reads "TD Bank."
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    Spencer Platt / Staff via Getty Images
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    TD faces investor lawsuit over AML failures

    The lawsuit alleges bank executives minimized the AML issues and made no indication of the severity of the punishment TD faced.

    By Gabrielle Saulsbery • Oct. 24, 2024
  • The front facade of a courthouse is shown, bearing the words "John Minor Wisdom United States Court of Appeals Building Fifth Circuit"
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    Rex_Wholster via Getty Images
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    Opinion

    Employers must be mindful of salary and duties tests for overtime exemption

    To prevent costly consequences, employers must proactively review employee classifications, writes Lee Jacobs, a partner at Barclay Damon.

    By Lee Jacobs • Oct. 23, 2024
  • H&R Block, TaxSlayer, pixels, data privacy disclosure, DOJ
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    Peach_iStock via Getty Images
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    DOJ urged to probe companies’ pixel use

    Pixels are poised to become a data privacy nightmare if general counsel don’t ensure disclosures align with their organization’s use of the ubiquitous computer code.

    By Oct. 23, 2024
  • Street view of the Securities and Exchange Commission, SEC, Building in Washington DC.
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    qingwa via Getty Images
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    SEC settles charges with 4 firms it says downplayed SolarWinds hack exposure

    The agency alleged Unisys, Avaya, Check Point Software and Mimecast misled investors about the extent of their respective cyber risks.

    By David Jones • Oct. 22, 2024
  • antitrust law, FTC, DOJ, merger review guidelines, Freshfields
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    Kevin Dietsch / Staff via Getty Images
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    New HSR guidelines expected to double merger review time

    Even deals that are expected to sail through with little pushback will have to expend more time and money to meet stepped-up requirements, an analysis shows.

    By Oct. 17, 2024
  • Boeing DOJ settlement 737 Max
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    Jemal Countess via Getty Images
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    Judge in Boeing 737 Max crash settlement seeks DEI data

    The court wants briefs on how diversity programs at Boeing and the Justice Dept. would affect the choice of an outside compliance monitor.

    By Oct. 17, 2024