News & Analysis as of

Fraud Final Rules

Fraud is the making of false representations or engaging in deceptive behavior in order to unlawfully secure financial or personal gain. 
Proskauer Rose LLP

Fifth Circuit Strikes Down Private Fund Adviser Rules

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In a significant decision released Wednesday morning, a unanimous three-judge panel for the U.S. Court of Appeals for the Fifth Circuit vacated what have come to be known as the Private Fund Adviser Rules, a set of rules and...more

Seward & Kissel LLP

Fifth Circuit Vacates the Private Fund Advisers Rules in their Entirety

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On June 5th, the United States Court of Appeals for the Fifth Circuit (the “Fifth Circuit”) vacated the Securities and Exchange Commission’s (the “SEC”) final rule regarding the regulation of private fund advisers (the “Final...more

Saul Ewing LLP

Public Companies Quarterly Update (Q1 2024)

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Welcome to Saul Ewing’s Public Companies Quarterly Update series. Our intent is to, on a quarterly basis, highlight important legal developments of which we think public companies should be aware. This edition is related to...more

Hinch Newman LLP

FTC Implements New TSR B2B Protections and Proposes Rule on Tech Support Scams

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On March 7, 2024, the Federal Trade Commission announced a final rule extending telemarketing fraud protections to businesses and updating the rule’s recordkeeping requirements as a result of developments in technology and...more

WilmerHale

FTC Proposes Rule to Make Impersonating Government Entities and Businesses Unlawful

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On February 15, 2024, the Federal Trade Commission (FTC) finalized its Government and Business Impersonation Rule (the Impersonation Rule, available here) prohibiting fraudulent impersonation of governments, businesses and...more

Holland & Knight LLP

FMCSA Issues Final Rule on Financial Security Requirements

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The Federal Motor Carrier Safety Administration (FMCSA) on Nov. 16, 2023, issued a final rule that implements financial security requirements on brokers and freight forwarders. The rule, proposed earlier this year, should...more

Benesch

Fighting Fraud: FMCSA Issues a Final Rule on Broker and Freight Forwarder Financial Responsibility

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In a victory for motor carriers and responsible freight intermediaries, on November 16, 2023, the Federal Motor Carrier Safety Administration (“FMCSA”) announced a final rule that will ensure that freight brokers and surface...more

Foley & Lardner LLP

How Companies Can Audit Insurance Policies to Determine PFAS Coverage

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Companies operating in the food and beverage industry are dealing with PFAS-related issues on a daily basis. So far, twelve states have passed legislation regulating PFAS, and each of those twelve states explicitly targets...more

Health Care Compliance Association (HCCA)

Final Rule Increases Fines for Grant Fraud, Codifies OIG Authority to Sanction Awardees

Report on Research Compliance Volume 20, no 8 (August 2023) With the publication of a rule finalizing financial penalties for grant fraud and related violations of U.S. law, the HHS Office of Inspector General (OIG) has a...more

Lowenstein Sandler LLP

SEC Adopts Rules to Combat Fraud and Undue Influence in the Security-Based Swap Market

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On June 7, 2023, the Securities and Exchange Commission (“SEC”) adopted, pursuant to the Securities Exchange Act of 1934 (“Exchange Act”), (i) new Rule 9j-1 to combat fraud, manipulation, and deception in connection with...more

Lowenstein Sandler LLP

Preparing Your Company for FinCEN’s Beneficial Ownership Reporting Requirements

On September 29, 2022, the U.S. Treasury’s Financial Crimes Enforcement Network (FinCEN) issued a final rule implementing the Corporate Transparency Act’s (CTA) beneficial ownership information (BOI) reporting requirements...more

ArentFox Schiff

Investigations Newsletter: Elizabeth Holmes Sentenced to 11 Years in Prison 

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Elizabeth Holmes Sentenced to 11 Years in Prison - On November 18, 2022, former Theranos CEO, Elizabeth Holmes, was sentenced to 11 years and three months in prison for defrauding investors regarding Theranos’ blood...more

ArentFox Schiff

Customs' New Modernized Broker Regulations Change the Broker-Importer Dynamic: Are You Prepared?

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On October 18, 2022, US Customs and Border Protection (CBP) published the long anticipated final rule for the modernization of Customs broker regulations under 19 CFR part 111. The rule will go into effect on December 19,...more

Eversheds Sutherland (US) LLP

Focus on Fintech: Federal Reserve issues final rules defining legal framework for FedNow

On June 6, 2022, the Federal Reserve Board issued a final rule governing funds transfers through the Fed’s new FedNow Service, an interbank 24x7x365 real-time gross settlement service with integrated clearing functionality to...more

King & Spalding

OIG Publishes New Procedural Process for Advisory Opinions

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On January 6, 2022, OIG issued a final rule (Final Rule) that will update the process and procedures that govern advisory opinions in early 2022. The Final Rule will be effective 30 days after its publication in the Federal...more

King & Spalding

Federal Trade Commission Issues New “Made In USA” Regulations

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Creates New Enforcement Tools And Applies The Rule To Labels “Appearing In All Contexts” (i.e., On Product Packaging Or Online) - On July 1, 2021, the Federal Trade Commission (“FTC”) approved a final rule to implement new...more

ArentFox Schiff

Investigations Newsletter: Individual Prosecutions Down But Corporate Resolutions Steady for DOJ’s Fraud Section in 2020, with...

ArentFox Schiff on

Individual Prosecutions Down But Corporate Resolutions Steady for DOJ’s Fraud Section in 2020, with More in the Pipeline - The Department of Justice’s (“DOJ”) Fraud Section recently released a year-in-review report that...more

Fox Rothschild LLP

Emotional Support Animals Are Considered Pets Not Service Animals By US Department Of Transportation.

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U.S. Department of Transportation (“the Department” or “DOT”) announced it final rule on “Traveling by Air with Service Animals” on December 2, 2020. The rule will be effective 30 days after the date of publication of the...more

ArentFox Schiff

Investigations Newsletter: HHS Announces Final Rules Amending Stark Law Regulations and Anti-Kickback Statute

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HHS Announces Final Rules Amending Stark Law Regulations and Anti-Kickback Statute - On November 20, 2020, the Centers for Medicare and Medicaid Services and the Department of Health and Human Services (HHS) published...more

Fox Rothschild LLP

Department Of Transportation Limits Emotional Support Animal Travel On Airlines

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As Fair Housing Defense blog readers are aware, the issue of questionable/fraudulent medical verifications for certain assistance animals has vexed both the professional apartment industry and airlines for some time now. In...more

Ballard Spahr LLP

PPP Lenders and Fraudulent Borrowers: False Claims Act Liability and AML Risk

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Can BSA/AML Requirements Lead to Deemed Knowledge of Borrower Fraud? The first two weeks of August brought a milestone of sorts in the ongoing recovery from the economic downturn brought on by the COVID-19 pandemic. The...more

Hudson Cook, LLP

Current Developments in Bank Deposits and Payment Systems (Spring 2020)

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This survey summarizes several recent developments affecting bank deposits and payment systems. These include payments-related consent orders and enforcement actions by the Consumer Financial Protection Bureau (“CFPB”) and...more

Miles & Stockbridge P.C.

California District Court Issues First False Claims Act Decision Involving the DFARS Cybersecurity Rule

As predicted, a recent decision from the Federal District Court for the Eastern District of California is the first sign of a new, and potentially enormous wave, of Civil False Claims Act, 31 U.S.C. §§ 3729-33 (“FCA”) actions...more

Orrick, Herrington & Sutcliffe LLP

Orrick's Financial Industry Week in Review

SEC Proposes to Amend Rules Governing Its Administrative Proceedings - On September 24, the U.S. Securities and Exchange Commission (the "SEC") proposed to amend rules governing its administrative proceedings. Key...more

Franczek P.C.

NLRB Issues Guidelines on Use of Electronic Signatures in Representation Cases

Franczek P.C. on

As we reported earlier, on December 15, 2014, the National Labor Relations Board (NLRB) adopted a Final Rule that modified its processing of representation cases. See, 79 Fed. Reg. at 74308. As part of this rule, the NLRB...more

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