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Cellphones regularly have posed perplexing issues to courts struggling to apply our constitutional rights to this ubiquitous and overwhelmingly important modern technology. The already thorny area of how the Fifth Amendment reaches conduct short of an individual actually speaking to the police or taking the witness stand has proven no exception. The right against self-incrimination generally covers potentially incriminatory testimonial communications — assertions of fact deriving from the person’s mind — and not demands to produce something that already exists. Unless, as is typically the case, the very act of producing that thing implicitly communicates incriminatory information.
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By Peter Collins
It is imperative that every organization acknowledges and takes seriously the potential harm that can be caused by insiders who misuse AI as a weapon for personal gain or to settle scores.
By Elkan Abramowitz and Jonathan Sack
This article analyzes the Second Circuit’s decision, which rejected the defense’s arguments for narrowing the definition of “corruptly” and a “thing of value” in the context of Section 215(a)(2).
By Sarah Heaton Concannon and Alexander Schwartz
This article identifies certain information asymmetries in the SEC’s beneficial ownership reporting rules, discusses the extent to which those information asymmetries are addressed (or not) under the SEC’s recent rule amendments, and considers whether additional rule amendments or SEC guidance continue to be necessary.
By Maydeen Merino
Artificial intelligence could drive greater efficiency and lower costs in the finance sector but U.S. Securities and Exchange Commission Chair Gary Gensler warned last month about companies potentially making false claims about using the technology, a nefarious practice known as “AI washing.”