Follow Us
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
With the preemption issue pretty well teed up, what do the courts say (to date)? A look at one recent ruling.
Since 2003, I have been predicting a test case/showdown between lawyers who follow the dictates of the states in which they are licensed to practice law versus the conflicting dictates of the rules and regulations promulgated by the U.S. Securities and Exchange Commission (SEC) after the Sarbanes-Oxley Act of 2002 went into effect. See, e.g., C.E. Stewart, “Sarbanes-Oxley: Panacea or Quagmire for Securities Lawyers?” N.Y.L.J. (March 21, 2003); C.E. Stewart, “This Is a Fine Mess You’ve Gotten Me Into: The Revolution in the Legal Profession,” NY Business L.J. (Summer 2006); C.E. Stewart, “The Pit, the Pendulum, and the Legal Profession: Where Do We Stand After Five Years of Sarbanes-Oxley?” 40 Sec. Reg. & L. Rep. (Feb. 18, 2008); C.E. Stewart, “New York, “New Ethics Rules: What You Don’t Know Can Hurt You!” NY Business L.J. (Fall 2009); C.E. Stewart, “‘Here’s Johnny!’: Carnacing the Future of the SEC’s Preemption Overreach,” 46 Sec. Reg. & L. Rep. (April 28, 2014); C.E. Stewart, “Navigating State-Based Ethics Rules and Sarbanes-Oxley Requirements,” N.Y.L.J. (Sept. 21, 2015).
Continue reading by getting
started with a subscription.
Common Pitfalls In Personal Device Collection
By Marjorie Peerce and Marguerite O’Brien
Both the DOJ and the SEC have made it clear that they will look at company BYOD policies when assessing how to resolve matters under their purview. To avoid pitfalls — and sanctions — counsel must take proactive steps to ensure proper preservation and collection of personal mobile data and verify that clients comply.
FCPA Compliance Guidance for Global Businesses
By Cole Callihan
The Biden administration and its Justice Department have established countering corruption as a core U.S. national security interest. Companies with any international operations should ensure they have a robust written policy and compliance program focused on anti-bribery and corruption.
Regulators Want AI Companies to Respect Antitrust and Consumer Protection Laws
By Karen Hoffman-Lent and Kenneth Schwartz
The new era of AI technology has ushered in competition concerns alongside consumer-protection fears. Accordingly, regulators and lawmakers are taking note of the AI craze and are keen on ensuring that companies involved in AI are respecting both antitrust and consumer protection laws.
Will the Corporate Transparency Act Smother the Cannabis Industry?
By Steve Schain
The CTA requires business entities to file information on their “beneficial owners” with FinCEN, which, in turn, may disclose it to domestic and foreign law enforcement agencies, prosecutors, judges and financial institutions.
Copyright © ALM Global, LLC. All Rights Reserved.
