Compliance

Expert Analysis

• A Look At Recent Service Contract Act Compliance Challenges

  

  Complying with the Service Contract Act and potential U.S. Department of Labor audits have grown tougher due to the rise of remote work and increasing inflation, but certain best practices can help manage compliance risks, say Eric Leonard and Craig Smith at Wiley.

• Why DOJ's UnitedHealth Merger Loss Is Significant

  

  The U.S. Department of Justice recently lost its bid to block the UnitedHealth-Change Healthcare merger, marking the government's latest failure to prove a vertical theory of competitive harm and demonstrating the possibilities of fix-it-first strategies and private equity funds as divestiture buyers, say attorneys at Paul Weiss.

• Limiting The Scope Of Representation Is Critical For Lawyers

  

  A Mississippi federal court's recent decision in Kee v. Howard L. Nations PC highlights the importance of well-written engagement letters, and shows why it is vital for attorneys to specify exactly which services they intend to supply, says Ronald Levine at Herrick Feinstein.

• Marketing Takeaways From FTC Dark Patterns Report

  

  The Federal Trade Commission's recent report on dark patterns — advertising practices that manipulate consumer choice — doesn't offer clarity on what tactics are automatically considered unlawful, but it does provide some insights that may help marketers avoid violating the FTC Act, say Daniel Kaufman and Randal Shaheen at BakerHostetler.

• 2 Illinois Cases Poised To Shape BIPA Litigation Landscape

  

  The Illinois Supreme Court's anticipated rulings in Tims v. Black Horse and Cothron v. White Castle could alter the outlook for Biometric Information Privacy Act litigation, putting an end to companies' and insurers' willingness to pour money into expensive settlements, say Pamela Signorello and Megan Brown at Wiley.

• A Best Practices Refresher On Consumer Product Reviews

  

  The Federal Trade Commission recently proposed updates to its guidance on endorsements and testimonials in advertising, serving as a reminder for online platform operators to review the Consumer Review Fairness Act and practice transparency when procuring, organizing or editing consumer reviews, say Slaven Jesic and Keith Moulsdale at Whiteford Taylor.

• What EPA's Interim PFAS Standards Mean For Water Suppliers

  

  The U.S. Environmental Protection Agency's recent announcement of significantly lower interim health advisory levels for four per- and polyfluoroalkyl substances may mean new obligations for municipal water and wastewater treatment plant operators — but the availability of public funds for controlling PFAS threats is good news, say Timothy Bergère and Zach Beach at Armstrong Teasdale.

• Whistleblowers Will Be Key To Curbing Cannabis Fraud In NY

  

  As New York begins accepting license applications for its legal marijuana market, qui tam suits brought by whistleblowers under the New York False Claims Act will be a valuable tool for safeguarding the integrity of the developing industry, especially with regard to combating tax fraud, say Max Rodriguez and Sidney Cobb at Pollock Cohen.

• Latest Ripple Development Highlights SEC's Crypto Approach

  

  As U.S. Securities and Exchange Commission v. Ripple faces summary judgment, the SEC's aggressive positioning on digital asset regulation comes in contrast to the coin provider’s significant concerns over the comprehensive application of federal securities laws to diverse digital offerings, say Katherine Stoller and John Nathanson at Shearman.

• Coordinated Efforts Signal Major Robocall Enforcement Shift

  

  A recent increase in coordinated federal and state enforcement activity addressing illegal robocalls, combined with rapid traceback capabilities, should alert voice providers to remain cognizant of this new paradigm and consider steps to affirmatively avoid enforcement exposure, say Kevin Rupy and Kathleen Scott at Wiley.

• Fine Over Bank Texts Signals Books, Records Crackdown

  

  Federal securities regulators' recent $1.8 billion settlement with 15 broker-dealers and an investment adviser for failing to preserve employees' communications on unauthorized messaging apps demonstrates heightened regulatory focus on books and records requirements, and highlights compliance considerations for financial institutions, say attorneys at Ropes & Gray.

• Preparing Your AI Regulatory Compliance Program For 2023

  

  With new legislation governing automated decision making and artificial intelligence coming into effect next year in multiple states and countries, U.S. companies developing, selling, procuring or using these systems may need to build out certain compliance practices from scratch, say Peter Schildkraut and Jami Vibbert at Arnold & Porter.

• What Calif. Employers Should Know About Privacy Rights Act

  

  With the California Privacy Rights Act coming into effect on Jan. 1, now is the time for employers to complete a data map of the employee personal information collected internally and by vendors, update technology policies, and ensure a clear understanding of the law’s consumer rights provisions, say Liz Harding and Christina Hernandez-Torres at Polsinelli.

• Employer Haziness Lingers After NJ's Cannabis Guidance

  

  New Jersey’s recently released guidance on screening workers for cannabis neglects to answer several key questions, from training for employee experts to scientific standards for impairment tests, but employers can still take certain steps toward compliance, says Eric Meyer at FisherBroyles.

• No-Poach Plea Hiccups Point To DOJ's Unsound Theory

  

  After a series of setbacks, the U.S. Department of Justice could soon obtain its first no-poach conviction, but complications in a recent change-of-plea hearing demonstrate that the government’s problems may continue as long as it incorrectly insists that labor cases are the same as any other antitrust conspiracy, say Mark Butscha and Matthew Ridings at Thompson Hine.