In this episode of Highway to NIL, Troutman Pepper Locke attorneys Cal Stein, Mike Lowe, and Brett Broczkowski delve into the latest guidance from the College Sports Commission (CSC) regarding name, image, and likeness (NIL)...more
In this episode of Highway to NIL, Troutman Pepper Locke attorneys Mike Lowe, Lu Reyes, and Philip Nickerson examine the status of the House settlement. They focus on how the settlement might impact roster limits for current...more
On April 22, the National Collegiate Athletic Association (NCAA) handed down harsh penalties on Fordham University’s men’s basketball program in what it referred to as a Level II “Major Infractions Case” via a negotiated...more
4/30/2025
/ Basketball ,
College Athletes ,
Compensation & Benefits ,
Enforcement Actions ,
Investigations ,
Name and Likeness ,
NCAA ,
Regulatory Violations ,
Sanctions ,
Student Athletes ,
Universities
The National Collegiate Athletic Association’s (NCAA) name, image, and likeness (NIL) recruiting restrictions, referred to as the “NIL recruiting ban,” are about to become a thing of the past....more
3/24/2025
/ College Athletes ,
Compensation & Benefits ,
Educational Institutions ,
Enforcement Actions ,
Injunctive Relief ,
Intellectual Property Protection ,
Name and Likeness ,
NCAA ,
Regulatory Reform ,
Sports ,
State Attorneys General ,
Student Athletes
2025 is already shaping up to be an active year for False Claims Act (FCA) litigation. With the recent announcements of executive orders that may expand the FCA as an enforcement tool, as discussed in a recent Troutman Pepper...more
One day after President Donald Trump's inauguration, on January 21, Trump issued Executive Order 14173, titled "Ending Illegal Discrimination and Restoring Merit-Based Opportunity" (EO 14173). In the text of EO 14173, Trump...more
3/14/2025
/ Anti-Discrimination Policies ,
Civil Rights Act ,
Department of Justice (DOJ) ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Enforcement Actions ,
Enforcement Guidance ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Contractors ,
Regulatory Reform ,
Relators ,
Trump Administration ,
Whistleblowers
The U.S. Department of Justice (DOJ) and 18 state attorneys general (AG) announced a settlement with Boston-based QOL Medical, LLC (QOL) and its CEO, Frederick Cooper, to resolve allegations that the company provided unlawful...more
2/13/2025
/ Anti-Kickback Statute ,
Department of Justice (DOJ) ,
Enforcement Actions ,
False Claims Act (FCA) ,
Health Care Providers ,
Health Insurance ,
Healthcare ,
Healthcare Fraud ,
Medicaid ,
Pharmaceutical Industry ,
State Attorneys General ,
Whistleblowers
On January 31, the attorney general (AG) for the state of Tennessee and the attorney general for the Commonwealth of Virginia announced that they had reached an agreement in principle with the National Collegiate Athletics...more
2/13/2025
/ Antitrust Litigation ,
Antitrust Violations ,
Educational Institutions ,
Enforcement Actions ,
Name and Likeness ,
NCAA ,
Preliminary Injunctions ,
Recruitment Policies ,
Settlement ,
Sherman Act ,
State Attorneys General ,
Student Athletes
After two and a half years, Coinbase, Inc. (Coinbase) and other crypto market participants may finally get an answer for why the Securities and Exchange Commission (SEC) has declined to promulgate rules clarifying how and...more
2/4/2025
/ Administrative Procedure Act ,
Appeals ,
Coinbase ,
Corporate Counsel ,
Cryptocurrency ,
Digital Assets ,
Enforcement Actions ,
Financial Services Industry ,
Rulemaking Process ,
Securities and Exchange Commission (SEC) ,
Securities Regulation
In the latest episode of The Crypto Exchange, host Ethan Ostroff is joined by colleagues Brett Broczkowski and Mike Lowe to discuss the intersection of crime and cryptocurrency, with a focus on the challenges financial...more
On September 30, Judge Kathryn Kimball Mizelle held that the qui tam provision of the False Claims Act (FCA) violates the Appointments Clause of the U.S. Constitution because FCA relators are acting as “officers of the U.S.”...more
10/9/2024
/ Amended Complaints ,
Appointments Clause ,
Constitutional Challenges ,
Enforcement Actions ,
False Claims Act (FCA) ,
Federal Rule 12(b)(1) ,
Federal Rule 12(b)(6) ,
Health Care Providers ,
Jurisdiction ,
Motion to Dismiss ,
Qui Tam ,
Relators
The Department of Justice’s (DOJ) conduct since announcing its February 22, 2023, Voluntary Self Disclosure (VSD) policy, demonstrates that the government continues to place a premium on corporate cooperation in both criminal...more
On November 20, the Securities and Exchange Commission (SEC) instituted a civil enforcement action against Kraken, a major U.S. cryptocurrency exchange. The SEC alleged Kraken operated as an unregistered broker, dealer,...more
12/7/2023
/ Civil Monetary Penalty ,
Crypto Exchanges ,
Cryptoassets ,
Cryptocurrency ,
Enforcement Actions ,
Financial Services Industry ,
FinTech ,
Investment Contract ,
Investment Products ,
Regulatory Requirements ,
Securities and Exchange Commission (SEC)
On November 21, the U.S. Department of Justice (DOJ) unsealed its criminal indictment against Binance.com (Binance), the world’s largest cryptocurrency exchange, and its CEO, Changpeng “CZ” Zhao (CZ). The indictment against...more
12/1/2023
/ Anti-Money Laundering ,
BSA/AML ,
CFTC ,
Consent Order ,
Criminal Prosecution ,
Crypto Exchanges ,
Cryptoassets ,
Cryptocurrency ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Financial Services Industry ,
FinCEN ,
Indictments ,
International Emergency Economic Powers Act (IEEPA) ,
Office of Foreign Assets Control (OFAC) ,
Securities and Exchange Commission (SEC) ,
Settlement
In this episode of The Crypto Exchange, Troutman Pepper Partner Ethan Ostroff welcomes his colleague Mike Lowe to discuss crypto enforcement actions, including criminal enforcement actions related to cryptocurrency. Mike...more
Two recent cases suggest that the Department of Justice (DOJ) may be more open to deferred prosecution agreements (DPAs) as a vehicle to resolve False Claims Act (FCA) suits. Just recently on January 4, the U.S. Attorney’s...more
The Biden administration’s Department of Justice (DOJ) Antitrust Division recently secured its first criminal conviction for a labor-side violation of Section 1 of the Sherman Act after VDA OC LLC (VDA) entered a guilty plea....more