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Imagine the following. An employee of the proprietary trading arm of a digital asset trading exchange learns confidential information from a colleague in another division that their employer will soon be publicly listing a new cryptocurrency token for trading on the exchange. The trading employee buys units of the token for the exchange’s benefit and for his own account before the public learns of the upcoming listing, the units’ market price skyrockets when the listing is announced, and the employee sells the units at a profit.
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Biden Administration Corporate Enforcement Policies More Symbolism than Effective Reform
By Robert J. Anello and Richard F. Albert
By undoing some of the higher profile policy changes of the prior administration that many perceived as business-friendly, the current administration has served notice on the business and financial community of a return to practices characteristic of a more aggressive enforcement regime.
With ‘Great Resignation’, Corporations Need to Prepare for the Great Investigation
By Veeral Gosalia
Major crisis events, such as political uprisings or financial downturns, are typically followed by an increase in fraud in the business sector and heightened risk to corporate IP and other sensitive information. Anecdotally, this seems to be proving out again in the recent and ongoing fallout from the pandemic. Even before this Great Resignation movement, corporations across the globe were reporting increases in suspicious activity, data leakage, IP theft and other data risks stemming from departing employees and remote workers.
Feds Jumping Into Corporate Privacy and Cybersecurity Enforcement
By David Saunders and Julian L. André
The past 12 months have seen a steady drumbeat of action by federal law enforcement and regulatory agencies of which in-house counsel should take note. Whether new guidance, regulation, investigations, or enforcement activity, the message is clear: The federal government is paying close attention to how companies are handling and protecting their data — especially consumer and sensitive data.
Can A Private Citizen Perform An Official Act?
By Harry Sandick and George Fleming
This article discusses the importance of the “official act” requirement established in McDonnell v. United States, and how its logic should lead to a parallel requirement that private citizens should not be chargeable with the commission of official acts as part of a scheme to deprive the public of honest services.
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